McFadden: Resigned or is he? Hicks: Fired or is he? Legal questions follow Aug. 8 council work session – or was it a meeting first?

Joseph McFadden was philosophical in discussing second thoughts on his sudden resignation on August 8 in the wake of the Front Royal Town Council’s 4-3 vote to immediately terminate Town Manager Steven Hicks. During a Saturday, August 13th phone conversation McFadden confirmed a letter he sent the previous day to Town Hall asking the mayor and council to rescind his resignation as not having been properly submitted by Robert’s Rules of Order.

“It looks like I can withdraw my ‘motion’ to resign … with no acknowledgment by the chair or vote by the members (to accept his resignation) does my motion to resign die on the floor?” McFadden asked of Robert’s Rules of Order guidelines presented to him following his verbal resignation in reaction to the Hicks’ termination.

While standing by his original comments the following day that it was somewhat of a relief to have removed himself from an increasingly contentious political situation within Town Hall, McFadden said that after being approached by a number of constituents and two fellow council members about disappointment in his decision to resign in protest of the majority vote to immediately terminate the town manager without what he considered substantiation of the accusations made against Hicks in closed session, he would be willing to return to council were he allowed to. However, he added that if his request to withdraw his resignation as not properly acknowledged by the mayor and presented to council for a vote accepting it was denied, he would not seek court action to reinstate him.

Perhaps I acted rashly, (former?) Councilman Joe McFadden is now thinking after feedback from constituents and some council colleagues.

“This whole thing is a debacle – my resignation was a debacle,” McFadden observed of legal questions that have been raised concerning both Town Manager Hicks’ termination and his subsequent verbal resignation. In fact, McFadden wondered if Hicks was legally terminated as town manager, does he remain the council-appointed Director of FREDA, the Town’s unilateral Economic Development Authority.

As to the emotion involved in his decision, McFadden confirmed that he was not in a good emotional place following what he termed a “very difficult closed session” following planning commission interviews completed after about the first half hour of the one-hour-and-35 minute closed door session. The fact that the meeting fell on the third anniversary of his mother’s death, which has been an emotionally trying day for him each year since her passing, didn’t help either, he said.

“Personally I’m glad to be off. But it’s never been for me. I’m only here trying to represent people – all the people, not just one political party or philosophical group. I was most relieved to get off initially – it is a burden, but it is also a service,” McFadden said of the renewed sense of responsibility he feels to those who voted for him and wish to see him serve out his full 4-year term.

About that termination vote

As for questions surrounding the legality of a motion and vote out of closed session to terminate the town manager, those revolve around whether council was in a meeting or a work session out of the closed Executive Session on August 8. It has been pointed out that public bodies can’t take action at work sessions, only at meetings.

This reporter discussed that dynamic with Deputy, soon-to-be Interim Town Attorney George Sonnett the day after Hicks’ termination and McFadden’s resignation. And while the August 8 gathering of council was advertised as a “Special Work Session” with an added closed Executive Session attached, Sonnett’s opinion was that by town code Closed Sessions must be convened at an open meeting of council. Consequently, when council came out of Executive Session on August 8, it was to the open meeting they convened the closed session from. Hence, action could be taken before convening to the Special Work Session.

Deputy and soon-to-be Interim Town Attorney George Sonnett, reentering the meeting room Aug. 8, has likely been an extra-busy blur in the wake of Aug. 8 council actions – were they legal or weren’t they, that remains a question for many.

Royal Examiner contacted the mayor and council about these divergent theories on whether they were in a meeting or work session when the vote to terminate Steven Hicks was taken. The only answer we have yet received was from Vice-Mayor Lori Cockrell, who voted with McFadden and Letasha Thompson not to terminate the town manager on August 8.

“With respect to your question regarding the legality of voting during a work session, since I am not an attorney, I am forced to rely on the opinion of the town’s legal council who was present during the work session. Although, I must admit I do not ever recall voting on any matter during any previous work sessions while serving on council. Therefore to respond to your inquiry, I have requested that the interim town attorney provide a written legal opinion to the council and to the local news media explaining why taking a vote during that work session was within council’s legal rights and responsibilities. I am hopeful that his response will clear up any questions or concerns that citizens may have,” Cockrell, who is the only candidate for mayor on the November ballot replied by email.

As to McFadden’s resignation, Cockrell added, “Since Mr. McFadden was elected by the citizens of Front Royal, I am uncomfortable with removing him from office. However, some members of council believe the withdrawal of the resignation was legally ineffective. As a result, I have requested a consensus of my fellow councilmen to seek an impartial opinion by the Virginia Attorney General concerning this matter. I think this course of action best insures the continued trust of our citizens in the electoral process.”

Where to from here, Mayor Holloway and Vice-Mayor Cockrell in foreground may have been wondering as things were about to get interesting on Aug. 8 in the FR Town Hall meeting room.

After 20-month tenure Steven Hicks ousted as Front Royal Town Manager