Behind closed doors

The tide turns

More than 100 citizens attended a special called meeting of the Goochland Board of Supervisors on the evening of January 13. Their presence may have begun to turn the tide of local government conduct.
Board chairman Andrew Pryor, District 1, called the meeting to order around 7 p.m. and promptly lost control of the proceedings.
After Pryor announced that the meeting had been called for the sole purpose of discussing the public utilities department in closed session with the Commonwealth’s Attorney, Claiborne H. Stokes, Jr. and that there would be no opportunity for public comment, the meeting went on its merry way.
District 4 Supervisor Rudy Butler declared that he wanted to discuss the expanded provisions of the Supervisors’ Standards of Conduct (SOC) and proceeded to do so.
Butler said that he had been at a meeting with county employees that very afternoon who were “scared to death” to talk to him without the approval of either Greg Wolfrey, the county administrator or county attorney Andrew McRoberts.
Butler said he “had a problem” adopting the county administrator’s operations policy (printed verbatim below) and wondered why Wolfrey, who has been county administrator for almost 22 years, waited until now to formally articulate his policies.
He also condemned the way that the new provisions in the SOC were being used to intimidate county employees, some of whom feared that their phones were tapped. Butler also contended that if they had been in place last year, the fiscal chaos in the public utilities department would never have been discovered.
Kim Cross, a county employee, strode to the lectern and told the board the she believed that the policy violates her rights as an employee, county citizen and taxpayer. Cross said that she likes being able to talk to the supervisors directly and believes that the interaction between board members and county staff is beneficial to everyone.
Butler contended that provisions 13 and 14 or the SOC (see “Gulag” below), were not included in the board information packet he received several days before meeting, but had instead been included among last minute items given to he and Ned Creasey, District 3 just before the start of the January 6 workshop.
Ann James of Oilville, an outspoken thorn in the side of public officials for years, chimed in to ask why the SOC in the meeting room copy of the board packet and that posted online did not include the new provisions 13 and 14.
Confused mumbling by Pryor, James Eads, District 5 and William Quarles, Jr., District 2 Quarles shed no light on the contents of the packets they received several days before the meeting of if they contained the new language.
However, from their actions at the January 6 meeting, it seems clear that Pryor, Eads and Quarles were familiar with the new provisions and not anxious to discuss them in public.
Eads balked at discussing a matter about which he had not been informed beforehand, yet that was exactly what Butler and Creasey were expected to do at the January 6 meeting.
It is still unclear who authorized inclusion of the provisions in the SOC. It is less clear who authorized Wolfrey to use the new policy to intimidate county staff.
Quarles regretted the heavy-handed implementation of the policy, but defended its existence contending that there is a need to establish a clear chain of command so that all of the players in county government understand their roles.
Butler moved to rescind the new language, but Pryor said the motion was improper and finally moved the meeting into closed session.
Most of the people stayed.
About an hour later, the board emerged. Pryor announced that Stokes has the sole authority to conduct a comprehensive audit of all county departments. The Commonwealth’s Attorney will select and hire auditors, receive their reports and then present his findings and recommendations to the board. No time frame for these actions was announced, but it is expected that thoroughness and accuracy will take precedence over speed.
Only the five board members returned to closed session to discuss specific named personnel and at Butler’s insistence, the county administrator and county attorney.
Returning around 9 p.m. Pryor announced that the supervisors had retained an executive search firm to find Wolfrey’s successor. He indicated that the process would move forward in a somewhat expedited manner.

Creasey then made a motion to terminate the employment of the county administrator that was seconded by Butler. Quarles declared the motion out of order because it did not adhere to county’s processes and procedures.
Quarles then attempted to modify Creasey’s motion, without support, that action died.
Because Wolfrey and McRoberts left before the second closed session, Pryor, who has been in office for several decades, did not seem to know what to do next without direction from the county attorney. Members of the audience familiar with parliamentary procedure called out helpful suggestions.
The vote was 3-2 against termination of the county administrator.
Another vote, taken on a motion by Butler to rescind the new provisions of the SOC and revisit the issue in the future, passed unanimously.
The meeting was very productive.
Authorizing Stokes to perform a comprehensive audit of all county departments will allow Goochland to identify weak points in its fiscal processes and procedures and put its financial house in order. This will give the incoming county administrator a solid foundation on which to build the future.
Expedition of the search and hiring process for the county administrator is the right course of action given the problems in the public utilities department.
Repeal of the expanded provisions of the SOC was really the only course of action open to the board. Their intent to revisit the matter and develop a policy creating a clear chain of command in county administration bodes well for the future.
However, that policy should be the product of an open and deliberate process that includes input from the county employees. Their front line experience makes them uniquely qualified to help craft policy to effectively and efficiently operate the county and in turn better serve the citizens. After all that is the reason that government exists and for which the governed give their consent.
The supervisors also need to keep a guide to parliamentary procedure in the board meeting room for times when they are left to their own devices. Amazon.com offers the classic “Robert’s Rules of Order” in paperback for $4.99 or “Robert’s Rules for Dummies” for $11.95.


County Administrator’s Operations Policy
Thoughts to share and points to make

The following is offered to the Board of Supervisors as a personal communication from the County Administrator to each member. These thoughts, points and suggestions are a compilation of my practices over the years that seem to work either in terms of promoting efficiency or keeping me out of trouble. They could be referred to as a list of "suggested best practices". They relate to the relationship of the Board of Supervisors with the County Administrator, staff, the press, and the public. The thoughts and points made here are not found in any other information that may be provided and are not absolute. Each Board member will find his or her own individual way of addressing the issues listed below. Please let me know if there is anything offered here that you would like to discuss.
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My Code of Ethics.
· I will never lie to you.
· I will never purposefully do anything that might embarrass you.
· When I disagree with you, I will do so respectfully.
· Although I will do all that I can to support you individually, I work for the entire Board acting as a whole.
· When I tell you that I cannot do something, I will explain why.
Information Sharing & Communications.
· The County Administrator's Office exists to serve the Board individually and collectively. Information gathered for any individual Board member is shared with all Board members unless we are specifically asked not to.
· We are committed to open and honest communication on all matters.
· Information provided to the Board is (with limited exceptions) public information and is subject to disclosure under the Freedom of Information Act (FOIA).
· Please treat any information provided to you that is stamped "Confidential" or "Attorney Client Privilege" appropriately. This information is not public information, as allowed by the FOIA for specific purposes.
· We will be glad to research any issue for you.
· Effective communications is a two way street. If you feel that communication is lacking at any time, please initiate contact.
· We will flood you with information, please read it.
· Returning your phone call is our priority.
· Please be accessible and responsive to phone calls from this office.
· Agenda packages are prepared and hand-delivered on the Thursday before the regular Board meeting. Please feel free to contact this office or responsible staff members with any questions once you have reviewed the package.
· If you have an issue that you feel the Board should discuss, let us know in advance and we will schedule the matter for a future work session. That way staff can prepare appropriate information to facilitate the discussion. Board work sessions allow Board members to bring matters forth for staff follow-up. If we know about the matter in advance, however, we can respond sooner or with better information.
Dealing with Rumors.
· Don't believe everything you hear, but don't completely dismiss it either. Most rumors have some basis in fact, but sometimes the truth can get so twisted as to be barely recognizable.
· Part of our service to the Board is to help separate the facts from the fiction.
· Please check with us before reacting. Although we are sometimes guilty, more often we are not.
Individual Authority v. Board Authority.
· Although we will give you as much individual deference as possible, your true authority exists as a complete body, the Board of Supervisors.
· We may have to tell you no if you ask for things that are counter to established policy or require a commitment of resources not previously identified by the Board as a body. In that case, you will have to convince a majority of the Board to make the change or commit the resources.
Handling Constituent Complaints and/or Inquiries.
· Many issues can be handled quickly and efficiently by referring the constituent to the County Administrator's office.
· Be responsive, but please bear in mind that you may initially hear only part of the story.
· Please use County staff for answers and assistance. Hold us accountable for timely and complete responses.
· Don't make promises that you or the staff can't keep. A good response is, "I will look into the matter and I (or staff) will get back with you."
· Sometimes the answer really is "no". We will try to convey that as gently as possible.
· You interpret the Zoning Map and the County Code, especially the Zoning and Subdivision Ordinances, at your own risk. Remember that sometimes the wording or graphics are not clear and you may be looking at an outdated document. Inquirers will tend to hear what they want to hear and may make decisions or investments based on an erroneous interpretation. They should be referred to the appropriate staff person for the final word.
Personnel Matters.
· The County Administrator is responsible for personnel matters involving County staff. Please refer such matters to this office or Human Resources if you receive an inquiry or a complaint.
· We have fairly extensive personnel policies and procedures. Please let us
know if you have any questions.
· We are committed to responsibility and fairness.
· Personnel matters should be handled with respect for privacy.
• i Potential and current employees should be encouraged to follow established procedures.
Interaction with County Employees.
· Board members can be intimidating (always unintentionally!) to County employees. In his or her desire to please, the employee may not completely understand the situation, may not have the correct information at their disposal, and, as a result, may not give accurate information or may overstep his or her authority.
· County employees are expected to be respectful of citizens, co-workers and Board members. Being treated with similar respect and being recognized and appreciated by Board members for the good work they do really gives the employees a boost.
· Interactions with employees should go through the Department Heads to ensure prompt, accurate and effective responses.
· The County Administrator's Office will be glad to coordinate necessary contacts with employees, and would actually prefer that. Over time, Board members may grow more comfortable working directly with Department Heads and that is fine. Department Heads are expected to keep this office informed of interactions with Board members. This helps to insure their accountability.
· Complaints suggestions from County employees should be passed on to this office. Employees should be willing to identify themselves so that the appropriate follow up can be accomplished. You should ask the employee if he/she has followed the chain of command; have they expressed their concern to their immediate supervisor and/or Department Head? This office is in the chain of command and we have a well-publicized open door policy; the employee should come here before approaching a Board member with an issue.

How to Deal with the Press.
· Be accessible.
· Feel free to check with this office prior to speaking with the press.
· Don't say anything that you don't want published. Nothing is "off the record".
· Tell the truth. It's ok to say, "I don't know."
· Be careful that your remarks aren't represented as the Board's position, unless it clearly is the Board's position.
How to Deal with Rezonings & Conditional Use Permits.
· It is your decision if and when to meet with developers/property owners on planning cases.
· It is advisable to have staff present in such meetings and to conduct the
meetings in a public place. Both the Community Development Department and this office have convenient, accessible facilities for such meetings.
· Utilize the Community Development staff to the greatest extent possible.
· Be careful about making perceived deals or promises. While the rest of the Board may give your position deference, a majority of the Board must make the ultimate decision.
How to Handle Property Acquisition.
· Premature disclosure of County interest in property can affect the price.
· Fair market value is the yardstick by which acquisition is measured.
· Condemnation (eminent domain) is not a dirty word and may be the last resort if the public purpose is to be served.
Contact with Managers of Other Jurisdictions.
· I will be advised, as a matter of ethics, if you contact the manager of another jurisdiction seeking information. This office will be glad to coordinate requests for information from other jurisdictions, either regionally, across the state or nationwide. Staff has a number of professional contacts and can gather the requested information efficiently.
The Budget Process.
· Adopting the budget is one of the biggest decisions that you make as a Board and drives operations for the following year.
· The budget process is ongoing, year round. The most intense period for the Board is February to April.
· It's all about choices and setting priorities for the coming year.
· Goal setting is important.
· Creativity is priceless.
· The process is open, inclusive, and designed to promote discussion.
· Staff is committed to providing accurate and timely information and will be glad to run any scenario suggested by any Board member.
· We are constantly trying to improve the budget process; recommendations are gladly accepted.