Friday, October 12, 2012

GAZETTE COLUMN: ON DELGAUDIO – THE BOARD MISSED ITS CHANCE by John P. Flannery



The Board of Supervisors missed its chance to avoid the stain that Supervisor Eugene Delgaudio casts on this Board and this fine County.

Chairman Scott York issued a statement that the Board intended to look into Mr. Delgaudio’s alleged misconduct, presumably involving fund-raising on County time, among the other things that Mr. Delgaudio’s been accused of doing.  On this score, Mr. Delgaudio admitted that he did raise funds on County time at the last Board meeting.

Chairman York’s announcement of an investigation could have been encouraging except for the fact that there’s hardly anything “independent” about the investigation that the Board ultimately authorized unanimously, 9-0, including, yes, Mr. Delgaudio’s own vote supporting the investigation. 

The Board is going to have its County Attorney select the “independent” prosecutor and pay the “independent” prosecutor a whopping $15,000 to conduct this “impartial” investigation.  Really?  The Board should appreciate how characterizing this underfunded appointment by its own counsel as “independent” is suspect.

Nor can we ignore, in this regard, when evaluating the Board’s efforts, what Chairman York said he’s done already to have this matter “investigated.”  Chairman York said that in March of this year, he referred charges against Supervisor Eugene Delgaudio including, we presume, Mr. Delgaudio’s alleged misappropriation of public services.  He sent “the matter,” he said, to the Loudoun County Commonwealth Attorney, Jim Plowman, who was Supervisor Delgaudio's Loudoun County election ticket mate.  So, the referral was problematic from the start.

In addition, Chairman York chose this “confidential” referral route rather than convening a public meeting of the Board.  Why no public meeting in March?  Why only last week?  Was it because Chairman York had the scent of the Washington Post investigation in March when it was not the widely circulated expose it’s become?  Under these circumstances, the referral looks more like an effort to protect instead of to detect anything questionable about Mr. Delgaudio’s conduct.

Mr. Plowman, in turn, forwarded “the matter,” according to Chairman York, to the Arlington Commonwealth Attorney who, York says, found no violation.  No violation!  Wow!  I’m a former federal and state prosecutor from New York and you can’t get a local prosecutor to clear a traffic ticket, much less an elected official in a corruption investigation. 

What information and what questions did Chairman York present to Mr. Plowman and the Arlington Commonwealth Attorney?

Did they ask whether there was an unlawful misappropriation of public funds when Mr. Delgaudio and his County employees conducted fundraising on county time at taxpayers’ expense?

Did they ask what representations Mr. Delgaudio made to the County, if any, in connection with reimbursed expenses by the County for fundraising seminars that his County staff attended?

Did they ask whether it was a violation for Mr. Delgaudio to blend his responsibility to the County as an elected official with his leadership of Public Advocate, charged with copyright violations?

We know too little about the “investigation” to date.  But we do know that the process in place is suspect because of what preceded the Board’s belated public disclosures – after the Post stories appeared. 

The resolution is simple – the Chairman and Board of Supervisors should go back to the drawing board, get it right this time, and petition a truly independent body, perhaps the courts, so that we appoint someone truly “independent,” rather than someone underfunded and compromised ethically right out of the gate.

We require an investigation that is truly fair, vigorous and public that gets at what really happened.

Otherwise, we are underwriting a process that will surely guarantee our beloved County another ration of ridicule and embarrassment.

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