Meza appointment legality – it’s 2 to 2 as Town finds supporting opinion

Front Royal, VA (January 11, 2021) – Monday, January 4, 2021 – Town Council appointed former Councilman Jacob Meza to fill the unexpired term of newly elected Mayor Chris Holloway. Soon after, concerns were raised that the appointment of Mr. Meza was in violation of the Town Charter Chapter 6 Section § 47. The Town Attorney, Doug Napier, Esq, and staff had previously researched the issue extensively and found the appointment not to be in violation of Town Charter.

“I heard the questions of the press, public, and council, and in the interest of complete transparency, I asked our Town Attorney, Doug Napier to get a second legal opinion on the matter” said Mayor Chris Holloway. Napier reached out to Attorney Robert Mitchell, Esq, to review the Town Charter, Virginia State Code, and the Town Council appointment.

Mr. Mitchell’s opinion found that that Mr. Napier’s interpretation of Town Charter Chapter 6 was appropriate. “I have reviewed the concerns of the appointment of Mr. Meza and my legal opinion is that Council can appoint Meza to fill the vacancy on Council until the next election in November 2021. Section §47 of the Town Charter does not preclude the appointment, as I do not believe council members are “under the jurisdiction of the council.” The provision would not make sense to be read to prohibit council from appointing a member of council to be a member of council,” said Mitchell.

Mitchell is widely acknowledged as one of the most accomplished and experienced attorneys in the Commonwealth of Virginia, with over 50 years of experience. He is the County Attorney for Clarke County, the Commissioner of Accounts for Frederick County and the City of Winchester and is selected as one of the approved attorneys for the Virginia Municipal League and the Virginia Association of Counties to represent local government. Mr. Mitchell is very familiar with Municipal’s Charters and Codes, and the Code of Virginia. He holds an AV Preeminent rating for legal ability and ethical standard of 5.0 of 5.0, the highest possible peer ranking on Martindale-Hubbell.

Meza’s appointment will expire in November 2021 after a special election is held for the Town Council position.

If any member of the public or press has any further questions, please contact Todd C. Jones, Town Public Information Officer.