Office:
703-771-8344; Fax: 703-777-1485; JonFlan@aol.com;
www.johnpflannery.com
September 28, 2012
BY HAND
Hon.
Tim Hemstreet
County
Administrator
1
Harrison Street, SE,
MSC#
2, 5th Floor
Leesburg,
VA 20177-7000
Re:
FOIA Request relating to alleged misconduct of Supervisor Eugene Delgaudio
Dear
Mr. Hemstreet,
In accordance with Virginia’s
Freedom of Information Act (§ 2.2 -3700 et seq.), I am requesting copies of any
and all records, as described further below, relating directly to the alleged
misconduct of Supervisor Eugene Delgaudio that has been unearthed in recent
days and is the subject of a federal investigation.
Published reports by the
Washington Post, and other media, suggest that the Chairman of the Board of
Supervisors intends to ignore these allegations against Supervisor Delgaudio –
as he doesn’t believe he can do anything about it.
While it is stated that the FBI
is investigating the matter, we cannot ignore the fact that the federal
authority, under the Dobbs Act, for such investigations is a difficult way to
prosecute a local official, and we cannot ignore how an earlier investigation
by the FBI of a different Board of Supervisors concluded with absolutely
nothing happening.
In the face of the indifference
of our elected officials and the questionable outcome of a federal
investigation, it would appear that the citizens of Loudoun County are best
served by fending for themselves, ferreting out the facts as best they can, and
thus am I making this FOIA request – and I would expect that there will be more
– as there should be so that we may, as a community, rebut the disgrace that
Supervisor Delgaudio has brought to this fine community that is better than and
undeserving of such elected representation.
Accordingly, as a resident,
property owner, businessman, and voting citizen of this County, I am requesting
records that have been reported in the media that apparently were and
presumably many still are in the possession of the County. You might be well served to prepare packets
for others – as I do not expect that this will be the last request by a citizen
of this County.
In this regard, meaning no
disrespect to you or your office or any other County official, as you are a
stakeholder yourself, in how our County appears to its citizens and the rest of
the world, I most respectfully request, if you have not already taken the
precautions to do so, that you bar Supervisor Delgaudio’s access to books, papers
and electronic media relevant and material to the pending public charges lest
the County facilitate, by its inaction, any spoliation (or further spoliation) of
the County’s public records.
More precisely, I am requesting,
as narrowly as I can fashion this request, the following information:
1. Any and all documents reflecting
the employment of Donna Mateer, who allegedly worked for Supervisor Delgaudio,
and is the source of the public allegations, including but not limited to any
job application, letter of acceptance, starting date, ending date, letter of
resignation or dismissal, compensation paid, dates and hours of service,
whether the information is retained in hard copy or digital media.
2. Any and all documents reflecting
the enrollment of Donna Mateer at the Leadership Institute, including but not
limited to, participation in the High Dollar Fundraising Campaign Management
and Online Activism, including expense vouchers for attendance, brochures,
evidence of participation, any fee paid or reimbursement made for participation
in said Institute by or on behalf of the County or Supervisor Delgaudio.
3. Any and all documents including
correspondence, notes, calendars, e-mails made by Donna Mateer and/or
Supervisor Delgaudio soliciting or discussing contributions for Supervisor
Delgaudio for any purpose.
4. Any and all lists of names used
to schedule fundraising appointments by Donna Mateer or any other County
employee, full or part-time, on behalf of Supervisor Delgaudio.
5. Any and all documents including
correspondence, notes, e-mails by and between Donna Mateer or any other County
employee, full or part time, with Supervisor Delgaudio discussing his
campaigning and/or fundraising practices on County time at the public offices
of the County.
6. Any and all documents including
correspondence, notes, or e-mails, by Donna Mateer or any other County
employee, full or part time, complaining about Supervisor Delgaudio making
homophobic remarks in any employee’s presence.
7. Any and all documents including
correspondence, notes, or e-mails, reflecting any offer or payment by
Supervisor Delgaudio for a bonus or bonuses to Donna Mateer or any other County
employee, full or part time, for assembling donor lists on County time.
8. Any and all documents including
correspondence, notes, or e-mails by and between Donna Matee, as well as any
other County employee, full or part time, assigned to Supervisor Delgaudio,
with any representative of Public Advocate, but particularly Hannah Scoggins,
reportedly Delgaudio’s office manager at Public Advocate.
If you have any questions, please
do not hesitate to call our offices, and ask either for me or for my Executive
Assistant, Patricia Hall (703-771-8344), in my absence.
Thank you for your time and kind
attention to this matter.
Very
truly yours,
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