Second attorney disagrees with town attorney interpretation of Town Charter on council appointments

Since publishing the conflicting opinions of Town Attorney Doug Napier and local attorney David Downes, as well as a story looking at the root issue in dispute of Jacob Meza’s appointment to the council he had just left, Royal Examiner has acquired the opinion of a third attorney, this one with no dog in the fight. That attorney is Berryville-based Timothy Johnson, who has done past legal work for Royal Examiner parent company National Media.

Shown the published material during a mid-week visit to Front Royal, Johnson wrote Royal Examiner Publisher Mike McCool this (with bold in context) on January 7: “It was a pleasure to see you yesterday and was fortuitous that I was in Front Royal. I had a chance to look at the Meza issue: the charter itself; Virginia code; Napier’s press release; and David’s reply. I agree with David that Meza should not have been allowed to be appointed by the Town Council to the Town Council for most of the same reasons he presented, but I noticed something else that gives the argument further weight.

Will the Warren County Courthouse be the site of a final ruling on the legality of Jacob Meza’s appointment to a council seat less than a year after his departure from council as legal opinions mount it is forbidden by Town Charter Chapter 6, Section 47?

“Section § 47: No member of the council of the Town of Front Royal shall be appointed or elected to any office under the jurisdiction of the council while he is a member of the council, or for one year thereafter, except that the council may appoint one of the members of the council as town treasurer with all or any part of the duties, powers, obligations, and responsibilities of the town treasurer provided by this act. (1937, c. 44).

“I found that reference strange as I couldn’t help but wonder what other positions are ‘under the jurisdiction of the council’ that are electable positions. I went through the rest of the charter and the only other non-council position that I can see a person being elected to is the mayor. It’s clear that the mayor must be subject to the jurisdiction of the council as Section 8 provides in part: ‘In time of public danger or emergency, he may take command of the police, maintain order and enforce the law. Such course of action shall be subject to review by the council.’ Besides the mayor’s position, which is clearly under jurisdiction of the council, the only other electable position are council members – thus they too should be subject to themselves.

“Which brings up the other question of jurisdictional power: If town council is not under jurisdiction of itself, does that mean that if there were a conflict of interest or other problem involving a town council member that affects the town’s interests, that town council would be unable to exercise its powers under Section § 69?

“Section § 69: The council, mayor, and any officer, board, or commission authorized by the council, shall have power to make investigations as to town affairs and for that purpose to subpoena witnesses, administer oaths and compel the production of books and papers.

One of the other citizens who applied to fill the vacancy, whose names the Town is refusing to release as personnel matters protected from FOIA inquiry, could claim to be an injured party, as one might guess could any town citizen concerned about the legal guidelines established by the Town Charter to help avoid the appearance or fact of cronyism in the conduct of Town business.

“Theoretically, a town council member who owns a business that engages in a transaction with the local government could trigger a conflict of interests. – There is public concern about such a transaction, but the council member refuses to address the issue and provide information about what occurred. Would town council recognize that it cannot establish a commission to investigate that councilor’s actions because such an investigation would inevitably require investigating the councilor who is not under the jurisdiction of the town council? I don’t think anyone would acknowledge that limitation of authority.

“So, yes, I agree with David that Meza should not have been allowed to be appointed to any public position in the Town of Front Royal for one year after his term ended,” other than the specifically cited treasurer’s position.

However, without a legal challenge that might bring the issue before a judge for a ruling, it appears that as of Monday, January 11, Jacob Meza will be back in the council club he chose not to seek re-election to, if we recall correctly, citing the time his family and Valley Health job were requiring of him leaving insufficient time for the responsibilities of council in the conduct of Town business and policies.

Done deal? – in addition to the roll call for two Jan. 4 Closed Session votes, Jacob Meza’s name also appeared on the Jan. 4 work session/special meeting agenda as a voting member of the new council to convene the Special Meeting at which the nominations and vote to fill Chris Holloway’s vacant seat were to be taken.