McFadden nominated, voted for Meza without information on disputed Charter Section

In social media posts in the days after the January 4 appointment of Jacob Meza to fill Mayor Chris Holloway’s vacant council seat, newly seated Front Royal Town Councilman Joseph McFadden said he would not have made the motion to nominate Meza to fill the council seat, nor have voted for that appointment had he known of the Town Charter Section at issue.

Though not himself an attorney, after the public legal debate over the meaning of Charter Chapter 6, Section 47, McFadden said he disagrees with Town Attorney Doug Napier’s interpretation that would allow Meza to be appointed despite the now hotly contested one-year prohibition of the disputed Charter Section.

Joseph McFadden seen virtually at Jan. 4 work session/special meeting where he nominated Jacob Meza to return to council four days after he officially left it. However, McFadden said provided information on the now-disputed Town Charter Section 47 he would neither have nominated nor voted for Meza’s appointment. Royal Examiner File Photos by Roger Bianchini

“Clarification on my statement from yesterday,” McFadden posted on his Facebook page Wednesday morning (Jan. 6), adding, “I do not personally agree with the legal interpretation given by the Town Attorney. If that information had been presented to me prior to our vote, I would not have introduced the motion, nor would have I voted for it. However, the information regarding Chapter 6, paragraph 47 of the Town Charter was held back from me either purposefully or because the legal opinion had been issued, and it was considered a non-issue.

“Given the fact that information was not divulged, I moved ahead and voted for who I deemed the most qualified for the position. I have no personal quarrel with Jake. However, I will be moving aggressively forward to hold Valley Health (Jake’s employer) accountable, with a push to collect a PILOT or payment in lieu of taxes. I have not forgotten that Councilman Jake Meza un-recused himself for the vote regarding the Hospital. I was, at the time, deeply disappointed by his actions. However, I know all the other great work he has done for this Town (and Town Employees) over the past 4 years.”

Town Attorney Doug Napier, appeared virtually at Jan. 4 work session to brief the new council on FOIA and Conflict of Interest matters. The subject of Charter guidelines designed to prevent the appearance of cronyism in the conduct of Town business were not part of that presentation – to the chagrin of at least one new member.

Despite his conflicting interpretation of the statute in question, of Meza’s seating on council scheduled for the Monday, January 11th regular meeting, McFadden added, “I am not the Town Attorney, so I have no ability to reinterpret the Charter. Until this legal opinion is challenged and overturned, it will stand. And in my official capacity as an elected official, I will abide by it.”

But of the omission of relevant information prior to the vote on filling the vacant seat, McFadden noted that “In the future, before every single vote, I will be asking, ‘Is there any other information that has been purposefully or unknowingly up to this point been withheld from me at this time that could directly impact my vote