1974-07-297-29-74
- 4QPT
Pursuant to the following waiver, the Board of County Supervisors of
Albemarle County, Virginia, met in special session at 9:00 A.M. on July 29'~'1974,
in the County Office Building, Charlottesville, Virginia, with the following members
present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr.,
William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr.
We, the undersigned, members of the Board of County Supervisors of Albemarle
County, Virginia, do hereby waive notice and special service thereof, of
a meeting to be held at 9:00 A.M. on the 29th day of July, 1974, for the
purpose of discussing legal matters with counsel, both in and out of
executive session, and we do hereby consent to any and all business and
the taking of such action at said meeting upon the matters hereinabove
mentioned as may be lawful, incident and necessary thereto.
Stuart F. Carwile
~~~ra~E~~
~~ro
Gordon T,.
:Lloyd F. Wood~r.
Also present were the County Executive, the County Attorney, ~the County Planner
and the Assistant Director of Finance.
The Chairman called the meeting to o~der and entertained a motion to adjourn
into executive session to discuss personnel and legal matters with counsel.. Motion
to this effect was offered by Mr. Wood, seconded by Mr. Fisher and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. St. John asked that the record show that Mr. Joseph C. Gibson had been asked
to go into executive session with the Board as a consultant and other staff members are
staying for the purpose of briefings in accordance with Virginia Code Section 2.1-244.
C~rman
The Board reconvened at 4:44 P.M.
Motion was offered by Mr. Fisher to adopt the following resolution:
BE IT RESOLVED that having heretofore in executive session
authorized the County Attorney, George R. St. John, to file pleadings
and take other actions including appearanaces in the Circuit Court
of Albemarle County and the Supreme Court of Virginia in matters
styled Special Grand Jury and Charlottesville Newspapers, Inc. v.
Honorable David F.t Be~.~y, this Board hereby ratifies, confirms, and
approves all motions and pleadings filed by the said Attorney in these
matters, and further authorizes him to continue to take whatever
actions may be necessary and proper to protect and represent the
interests of Albemarle County in these matters.
The foregoing motion was seconded by Mr. Thacker and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Carwile to adopt the following resolution:
BE IT RESOLVED that the County Attorney, George R. St. John, having
brought to the attention of this Board that he intends to represent
Thomas M. Batchelor, Jr. in the matters pending in the Circuit Court of
Albemarle County under style of "Petitions for Removal of Thomas M.
Batchelor, Jr. as County Executive and Director of Finance of Albemarle
County", and having reviewed the facts available at this time con-
concerning this matter, and the said County Attorney having stated
to this Board that in his opinion no conflict of interest on his part
exists by virtue of his being County Attorney and representing Mr.
Batchelor in this matter, this Board concurs in said County Attorney's
opinion and has no objection to his acting as counsel for the said
Thomas M. Batchelor, Jr.
The foregoing motion was seconded by Mr. Wood and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Thacker to adopt the following resolution:
WHEREAS, the Board of County Supervisors of Albemarle County,
Virginia, has received a copy of the Interim Report of the Special
Grand Jury which report deals primarily with the conduct of
T. M. Batchelor, Jr. as County Executive and as Director of
Finance; and
WHEREAS, the Board of County Supervisors of Albemarle County,
Virginia, is also in receipt of a copy of the petition filed by
the Commonwealth's Attorney for the removal of T. M. Batchelor, Jr.
as County Executive and as Director of Finance; and
WHEREAS, the County Executive serves at the pleasure of the
County Board of Supervisors who are authorized by statute to
investigate and examine his performance of office, and if found
wanting, to discharge him; and
WHEREAS, the Board of County Supervisors of Albemarle County
has reviewed and investigated the factual situations referred to
and set forth in the Special Grand Jury Interim Report and the
Petition for Removal of T. M. Batchelor, Jr. as County Executive
and as Director of Finance.
NOW, THEREFORE, BE IT RESOLVED that based upon the investigation
and review of those factual situations referred to in the said
Interim Report and Petition for Removal of T. M. Batchelor, Jr.
as County Executive and Director of Finance, the Board of County
Supervisors of Albemarle County, Virginia, finds no justification
for the removal of said T. M~ Batchelor, Jr. as County Executive
or Director of Finance of Albemarle County, Virginia.
The foregoing motion made by Mr. Thacker was seconded by Mr. Henley
and carried by the following recorded vot~
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Motion was offered, at 4:55 P.M., by M~'~ Carwile, to adjourn this meeting until
11:30 A.M. on July 30, 1974. The motion was seconded by Mr. Fisher and Carried by
the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Chairman