1975-08-18238
An adjourned meeting of the County Board of Supervisors of Albemarle County, Virginia, was
held on August 18, 1975, at 9:00 A.M. in the Board Room of the County Office Building. This meeting
was adjourned from the meeting of Afig~i~t~' 13, 1975.
PRESENT: Messrs. Stuart F. Carwile, Gerald E. FiSher, J. T. Henley, Jr.., William C. Thicker, Jr.,
Gordon L. Wheeler, and Lloyd F. Wood, Jr.
OFFICERS PRESENT: Messrs. T. M. Batchelor, Jr., County Executive; George R. St. John, County Attorney;
James Bowling and Frederick Payne, Deputy County Attornies.
Mr. Gordon L. Wheeler, Chairman, called the meeting to order at 9.:05 A.M., and requested a
short executive session to disouss legal matters with Mr. St. John.
Motion was offered by Mr. Wood, seconded by Mr. Henley to adjourn into executive session to
discuss legal matters. Role was called, and motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. CarWile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
At 9:15 A.M., Mr. Wheeler brought the meeting back into open session and proceeded to read the
following letter:
"August 15, 1975
Board of Supervisors
County Office Building
Charlottesville, Virginia
Gentlemen:
I sincerely appreciate the Board's willingness to offer me five months severance pay
upon my resignation as County Executive, which will become effective September 15, 1975.
The legality of this has been drawn into question although several other localities
in Virginia have recently awarded their officials such pay. Furthermore, this severance
pay has become a topic of public controversy.
I do not wish to be the center of any further controversy which will add to the
rancor and division among the people of the County over their County government. I,
therefore, do not wish to be the recipient of any such payment or emolument.
Therefore, I renounce any claim or right to any severance pay or other emolument
whatsoever, other than my regularly accrued salary and terminal vacation pay. I request
that the Board rescind the previously adopted resolution awarding me such severance pay.
Sincerely,
(signed) T.M. Batchelor, Jr."
Mr. Wheeler stated on August 7, 1975 the Board took action granting Mr. Batchelor severance pay
and accepting his resignation effective September 1, 1975. He then recommended that after receiving
this letter, the Board rescind the motion of August 7, 1975 and accept Mr. Batchelor's resignation
effective September 15, 1975.
Mr. Carwile offered motion rescinding the motion of August 7, 1975 (which granted Mr. Batchelor
severance pay and made his resignation effective September 1, 1975), and accepting Mr. Batchelor's
resignation effective September 15, 1975. Motion was seconded by Mr. Wood.
Mr. Wheeler said he would like to make a statement before role was called, as to just who
recommended the severance pay. Mr~ Wheeler said-he accepted full responsibility for having been the
first to discuss severance pay. He said he first discussed it with Mr. Batchelor and then individually
with each member of the Board. At the executive session on August 7, 1975 Mr. Wheeler said he reported
that Mr. Batchelor wanted to resign, and that he had requested some type of severance pay, that he
had discussed it with former members of the Board of Supervisors who said, that although it may not
have been called severance pay, they had given compensation of a certain type; one being a con-
sultant fee and another case the employee was allowed to remain on the payroll even though he was on
sick leave for more than a year. Mr. Wheeler also stated he was informed that other cities and
counties in the State had given severance pay to certain individuals. Mr. Wheeler said certain
board members asked if the granting of severance pay was legal, and Mr. Wheeler replied~he believed
it was after discussions with former supervisors and being aware that severance pay of a type was
being given in other localities. Mr. Wheeler said these decisions were made without the County
Attorney being present or consulted. Mr. Wheeler then asked for the role to be called.
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Batchelor and Mr. Robert Sampson, Parks Director, requested the Board to consider appro-
priating $1,500 for a Labor Day fireworks display and related activities at Chris Greene Park. It
was the Board's consensus of opinion that there was insufficient time to make appropriate arrange-
ments, and that the funds could be better spent within the Parks Department.
At 9:30 A.M., Mr. Wheeler requested the meeting be adjourned to Wednesday, August 20, 1975 at
7:30 P.M. in the County Courthouse. Motion was made by Mr. Carwile, seoonded by Mr. Wood, and
carried by the following recorded vote:
AYES:
NAY.S:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Chairman