Monday, January 12, 2009

A cloudy day in the gulag

County imposes cone of silence

In a breathtaking display of arrogance, the Goochland Board of Supervisors began the new year by adopting expanded Standards of Conduct with little discussion.
As soon as Andrew Pryor District 1 was elected board chairman for 2009, he introduced adoption of the board’s Code of Ethics and Standards of Conduct (printed below) and quickly called for a vote with very little discussion. This action is traditionally part of the housekeeping measures of the first board meeting of the year.
The Standards of Conduct included in the published and circulated board packet did not include provisions 13 and 14, yet were voted into place in plain sight of the public. Rudy Butler, District 4 and Ned Creasey District 3 cast dissenting votes. This piece of supervisorial slight of hand violates the board’s own rules about conducting its business in public.
The new provisions, 13 and 14, prevent supervisors from having contact with a county employee, or those in other jurisdictions, without first clearing that contact with either the county administrator, Greg Wolfrey or Andrew McRoberts, the county attorney.
What are they hiding?
If Goochland is indeed the well-run county that Wolfrey regularly declares it to be, county officials should be anxious to show off their operations.
For many years, presentations to the board by department heads or other county employees explaining new projects, equipment or procedures included an open invitation to the supervisors to visit their department and see first hand for themselves. It is doubtful that many board members ever actually accepted those invitations. It’s also hard to believe that supervisor visits are so frequent and intrusive that they interfere with county business.
At first blush, the new provisions look like a reasonable set of ground rules for interaction between the supervisors and county employees.
Yet, they have become a cudgel to impose a hostile and repressive gulag-type work environment on county employees.
To no one’s surprise, Greg Wolfrey remains Goochland County Administrator, although the board did go into closed session late in the afternoon of January 6 to discuss “named personnel” and the selection of a new county administrator. Last year, Wolfrey announced plans to retire in 2009.
Jim Eads, District 5 commented following the vote that the adoption of the new provisions “should help.” Help what?
The new policy is very curious. Even though the county administrator and county attorney are believed to serve at the pleasure of the board, the new policy suggests that the supervisors are beholden to Wolfrey and or McRoberts.
At a staff meeting on the morning following the supervisors’ meeting, Wolfrey reportedly explained the new policy to county employees.
Wolfrey allegedly said that failure to follow the policy will be considered insubordination and result in termination. Is that how Goochland County creates a work atmosphere conducive to effective and efficient performance of governmental duties for the good of the citizens?
What sort of reporting are Wolfrey and McRoberts supposed to do about their contacts?
Is McRoberts expected to report each instance that he confers with one of his counterparts in another jurisdiction? Does this include communication by email, cell phone, regular phone? If so, to whom does he make his report?
Is Wolfrey required to report on conversations he might have with fellow members of the board of directors of a local financial institution? Should Wolfrey learn something about fiscal matters that could ether hurt or benefit the county when playing golf is he required to share that information with the supervisors or perhaps the county attorney?
How exactly will this new policy work? Did anyone bother to think about the consequences, long and short term as well as unintended? Or, was this just another panicked measure to keep the lid on whatever it is that needs to be concealed?
Why are supervisors Pyror, Quarles and Eads as well as Wolfrey and McRoberts essentially placing county employees on lockdown?
This action seems to violate the supposed commitment of the Goochland Board of supervisors to conduct the county’s business in the open. Instead, this is a reversion to the worst sort of backroom good old boy exclusive governance.
Had this policy been in place last year, the problems in the utilities department might never have been discovered. District 3 supervisor Ned Creasey would never have been able to ask the questions that led to discovery of that mess.
We still don’t know why Wolfrey didn’t notice, for several years, that water bills were not generating much revenue.
If the supervisors are prohibited from inspecting county operations without the oversight of county administrator or county attorney, how can they determine if the county administrator is doing a good job? Are they just supposed to take his word for it?
The actions taken by Eads, Pryor and Quarles indicate that they do not believe that the utilities matter was serious. As the economy worsens, and the county tightens its belt, every penny of expected revenue is important.
You would think that all of the supervisors and county officials would want to brag about a well-run administration with no secrets ready for anyone’s inspection. Are taxpayers of Goochland County, who foot the bill for the government, going to be kept in the dark about how their money is spent?
Just what is going on here?
The expanded Standards sound great on paper, but their execution leaves much to be desired.
When Goochland government says that it wants to perform its duties in the public eye except in rare cases to protect the privacy of an employee or sensitive transactions, does the board of supervisors really it means that it prefers to do as it pleases with little public oversight?
While regular meetings of the supervisors are open to all comes, few people bother to attend.
When the board says that it seeks and welcomes citizen input it really means that it is will do as it pleases regardless of citizen will, because after all the supervisors have been anointed.
Before vacating the role of chairman, Bill Quarles District 2 disappointed greatly by failing to present an update on the investigation into the fiscal chaos in the utilities department. Has he already forgotten December 23 his promise that there will be more to come?
These actions by supervisors Eads, Pryor and Quarles raise many unpleasant questions. The citizens and taxpayers of Goochland deserve answers.

CODE OF ETHICS
AND
STANDARDS OF CONDUCT FOR MEMBERS OF
THE GOOCHLAND COUNTY BOARD OF SUPERVISORS

CODE OF ETHICS

Recognizing that persons who hold public office have been given a public trust and that the stewardship of such office demands the highest levels of ethical and moral conduct, any person serving on the Goochland County Board of Supervisors should adhere to the following Code of Ethics.

1. Uphold the Constitution, laws and regulations of the United States and of all governments therein and never knowingly be a party to their evasion.

2. Put loyalty to the highest moral principles and to the county as a whole above loyalty to individuals, district, or particular groups.

3. Give a full measure of effort and service to the position of trust for which stewardship has been granted; giving earnest effort and best thought to the performance of duties.

4. Seek to find and use the most equitable, efficient, effective, and economical means for getting tasks accomplished.

5. Adopt policies and programs that support the rights and recognize the needs of all citizens regardless of race, sex, age, religion, creed, country of origin or disability. Avoid adopting policies, supporting programs or engaging in activities that discriminate against or offend individuals because of race, sex, age, religion, creed, country of origin or disability.

6. Ensure the integrity of the actions of the Board of Supervisors by avoiding discrimination through the dispensing of special favors or unfair privileges to anyone, whether for remuneration or not. A member should never accept for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.

7. Make no private promises of any kind binding upon the duties or any office, since a public servant has no private word which can be binding on public duty.

8. Engage in no business with the county government, or the school system, either directly or indirectly, which is inconsistent with the conscientious performance of government duties except as may be consistent with the conflict of interest statutes in the Code of Virginia.

9. Never use any information gained confidentially in the performance of governmental duties as a means of making private profit.

10. Expose through appropriate means and channels, corruption, misconduct, or neglect of duty whenever discovered.

11. Adhere to the principle that the public's business should be conducted in the public view by observing and following the letter and spirit of the Freedom of Information Act using closed meetings only to deal with sensitive personnel, legal matters, contractual matters or as otherwise provided by the Code of Virginia.

12. Avoid using the position of public trust to gain access to the media for the purposes of criticizing colleagues, citizens or personnel, impugning their integrity or vilifying their personal beliefs.

13. Make sure, when responding to the media, that a clear distinction is made between personal opinion or belief and a decision made by the Board.

14. If requested by any member of the Board of Supervisors, review orally and in public session at the annual organizational meeting each of these principles. ­
­
15. Pledge to honor and uphold these principles, ever conscious that public office is a public trust.


STANDARDS OF CONDUCT

Recognizing that persons holding a position of public trust are under constant observation by the media and interested county residents, and recognizing that maintaining the integrity and dignity of the public office is essential for maintaining high levels of public confidence in our institutions of government, every member of the Goochland County Board of Supervisors should adhere to the following Standards of Conduct:


1. Avoid during public meetings and during the performance of public duties the use of abusive, threatening or intimidating language or gestures directed at colleagues, citizens, or personnel.

2. Pay all taxes due to the county, state, or national government.

3. Attend all regularly scheduled meetings of the Board or committees to which he or she has been assigned, resigning whenever personal circumstances preclude regular attendance.

4. Avoid a private lifestyle that casts public doubt upon the integrity and competence of the county government.

5. Make a conscientious effort to be well prepared for each meeting.

6. Offer criticism of colleagues or county employees only in private meetings with appropriate individuals or in closed meeting.

7. Work to create a positive environment in public meetings where citizens will feel comfortable in their roles as observers or participants.

8. Maintain an attitude of courtesy and consideration toward all colleagues and staff during all discussions and deliberations.

9. Be tolerant. Allow citizens, employees, or colleagues sufficient opportunity to present their views.

10. Be respectful and attentive. Avoid comments, body language or distracting activity that conveys a message of disrespect for the presentations from citizens, personnel or colleagues.

11. Be concise. Avoid the practice of taking more time to address an issue before the body than is necessary and essential for an adequate consideration of those matters being discussed.

12. Provide appropriate mechanisms for disciplining members who violate the code of ethics and standards of conduct by using, as a final measure of discipline, censure or removal from the position.

13. Policy Role of Members; Requests for Staff Assistance: The Board of Supervisors, acting as a public body, determines the policies of the County with the advice, information, and analysis provided by the public, boards, commissions, and committees, and County staff. The Board of Supervisors delegates authority for the administration of the County to the County Administrator.

Members, therefore, shall not interfere with the administrative functions of the County or the professional duties of County staff; nor shall they impair the ability of staff to implement Board policy decisions. Inquiries of staff for information, and referral of citizen complaints and concerns shall be made through the County Administrator or the appropriate department manager or director, who shall inform the County Administrator. Any instructions or directions to staff including department heads shall come from the County Administrator.

Requests by Board members for assistance by administrative staff members, including department heads, in projects requiring more than an insignificant amount of time shall be directed to the County Administrator. Such requests may include, but are not limited to, requests for research, the compilation of information, the preparation of ordinances, resolutions or policies to be presented to the Board of Supervisors, attendance or presentation at meetings other than Board meetings, preparation of documents, etc. It shall be the responsibility of the County Administrator to assure that the project is consistent with Board policy, referred to the appropriate department or departments, consistent with the administrative staff’s work priorities and schedules, and performed in an adequate and timely manner.

All requests for legal assistance in legal matters shall be directed to the County Attorney.

If the County Administrator or County Attorney feel that a request for assistance cannot reasonably be accommodated within existing policy and consistent with the existing work load and priorities, the individual Board member shall be so advised and, if necessary, the matter shall be placed on the next available Board agenda for further guidance.

14. Positive Work Place Environment: Members shall support the maintenance of a positive and constructive workplace environment for County employees and for citizens and businesses dealing with the County. Members shall recognize their special role in dealings with County employees and in no way create the perception of inappropriate direction to staff.


Adopted March 7, 2000 by the BOS
Amended January 6, 2009 by the BOS


3 comments:

Manny Boyz said...

The new provisions, 13 and 14, prevent supervisors from having contact with a county employee, or those in other jurisdictions, without first clearing that contact with either the county administrator, Greg Wolfrey or Andrew McRoberts, the county attorney.
What are they hiding?

We Goochland citizens have GOT to start coming to Supervisor meetings, just for comic relief! With the bailout idiocies going on in DC, we need some laughs.

The supporters, Bill Quarles, Andrew Pryor and Jim Eads, certainly should know better than this. They now have to get Wolfrey's or McRoberts's PERMISSION to talk to some other County official? They must now take Wolfrey and McRoberts to ALL the VACo meetings!!

Just imagine--they are at the first cocktail party at a VACo conference, and Pryor spies one of his old buddies from Highland Co. across the room--

PRYOR (to McRoberts): "--Er, pretty-please, Your Holiness, I see Figby from Highland across the room. May I go have a hearty chat with him, pretty-please?"

MCROBERTS: "Now, Andrew--first, kiss the ring--OK, you be careful--maybe I'd better go with you to be sure you don't say something that might occur to me as improper, not that my antennae are very well-tuned these days!"

Since when does an ELECTED OFFICIAL need the permission of an unelected bureaucrat to have a conversation with ANYONE? The opponents on the Board should declare their intention to violate that "Code of Conduct" with impunity!

Might this provision violate the open-government laws? It certainly stretches the First Amendment and the Va. freedom-of-speech laws.

The "Code of Conduct" seems written by Lewis Carroll, like Alice In Wonderland. It seems that this hairball might have "effluxed" out of Mr. McRoberts's word processor.

McRoberts just might put them all on "double-secret probation" like Dean Wormer did to the "Deltas" in Animal House.

Shame.

H. Watkins Ellerson
PO Box 90
Hadensville, VA 23067

Anonymous said...

My Dear Wat,

I fear that you speak too harshly of our ruling political elitists. Have they not been given the right by the people to rule over such petty things as speech and as to who may speak with whom? Who are we to doubt their wisdom? You know not of what you speak.

For was it not the very citizens of Goochland County who have continually placed the three, who work for the anointed two, to rule? After all, hasn't the Supervisor of your District been there for nearly four decades, partially thanks to the good Doctor, and since he's been able to specify Flowrite pipe? Was not District Two handed down by the good Doctor to the subservient family and did not the people rejoice?

Must there not be structure and order? So what if there is incompetence, waste, and dare I say it, corruption. Isn't it more important that we have order? Isn't more proper to have a chain of command that can set things right, no matter what right is? But isn't right already determined by the 3+2 so they know what it is - and we will too as they craftily expose it to us.

We don't need renegade Supervisors running amuck conversing with County personnel and external officials alike. For if they were to act in a manner which treated people on an equal basis, think what may happen. We don't need exposure after all these years, we need closure. After all, people want to and must leave with accolades.

The cost of government must be high by definition. Waste and incompetence is a natural part of government. Please let it be.

Richard Saunders

S. E. Warwick said...

Please note that Richard Saunders was the name the Benjamin Franklin used when writing "Poor Richard's Alamanc." S. E. Warwick