Former Warren County Attorney Douglas Napier On Supervisor Llewellyn Payroll

Douglas W. Napier was employed as Warren County Attorney from 1978 until his abrupt, no-notice, “run-for-the-hills” resignation during August 2006. Mr. Napier then joined the law firm of Pond, Athey, Athey & Pond with offices in Front Royal, VA.

Documents on file at the Virginia State Corporation Commission, http://www.scc.virginia.gov/division/clk/diracc.htm, indicate former Warren County Attorney Douglas Napier, while employed as County Attorney, was also deeply involved with Supervisor Ron Llewellyn’s actions as a Developer of real estate projects located within Warren County.

This business relationship began before Llewellyn sought public office and continued after Llewellyn was elected as Supervisor for the North River District

On 16 May 2003 Warren County Attorney Napier became Registered Agent on file with the State Corporation Commission representing Swan Farm Limited Liability Corporation, ID# S097470, a real estate development project owned by private citizen Llewellyn and possible other partners.

On 4 November 2003 Llewellyn was elected to the Warren County Board of Supervisors to represent the North River District.

On 3 August 2004 Warren County Attorney Napier became Registered Agent on file with the State Corporation Commission representing Catlett Road Limited Liability Corporation, ID# S129345, a real estate development project owned by Warren County Supervisor Llewellyn and possible other partners.

On 28 December 2005 Warren County Attorney Napier became Registered Agent on file with the State Corporation Commission representing LBX3 Limited Liability Corporation, ID# S174305, a real estate development project owned by Warren County Supervisor Llewellyn and brothers Charlie and Stephen and possible other partners.

The above 3 events beg the question, “How does the Attorney-Client Privilege conflict Napier’s roll as County Attorney representing Warren County and his roll as Registered Agent for multiple companies with official business before the Planning Commission and the Board of Supervisors? Mr. Napier’s client is a sitting Board member. Napier’s job as County Attorney is to provide legal advice to the Planning Commission, the Board Of Supervisors, and other county government officials.

To this mix factor in Llewellyn’s dual position as a Developer with business before the Board of Supervisors and as a sitting Supervisor on the Board, all conveniently wrapped up in the loving attorney-client arms of Doug Napier.

What could possibly be wrong about these relationships affecting the best interests of Warren County residents?

Should a Warren County Supervisor discuss his personal real estate development interests within the county with other Supervisors and county officials? Llewellyn says he did not discuss his business deals with anybody. Why should we believe him?

Should the Warren County Attorney become involved in the private business interests of a citizen who may bring this private business before County agencies for a vote of approval? Did County Attorney Napier ever publicly disclose his business relationship with citizen Llewellyn? Was this ethical?

Should the Warren County Attorney become involved in the private business interests of a sitting member of the County Board of Supervisors who may, acting in the role of Developer, bring this private business before County agencies for vote of approval?

Is this ethical? Documents on file with the Commonwealth of Virginia appear to support the existence of the Napier/Llewellyn business relationship. Did Napier or Llewellyn ever publicly disclose this business relationship?

Clifford Athey, a member of the law firm Napier joined, is a former Mayor of Front Royal, and now Delegate to the Virginia General Assembly. Athey is active in representing local developers before various governmental agencies. I witnessed one of Mr. Athey's performances before the largely asleep Middletown Town Council representing Dave Holliday's 225 home (plus commercial development) rezoning proposal to be located on the north side of town at the intersection of Reliance Road and Route 11.

Supervisor Traczyk is constantly touting the value of the property known as Royal Phoenix, but has never publicly revealed any information about businesses interested in the property. To date, with no tenants and no sales, where is the value? Is the value in the future with future tenants and future sales? Why is no business on board today? Waiting for a better deal, perhaps?

When Mr. Napier resigned, he took with him all of his experiences while employed as County Attorney. From the Meeting Minutes of the Warren County Board of Supervisors:

02-21-2006 BOS Meeting Minutes:
“Mr. Napier noted that under the consent agenda the County would be accepting the 28.5 acre site from the Industrial Development Authority for the Soccerplex facility.”

04-04-2006 BOS Meeting Minutes:
“Mr. Napier reported that he would be attending an Economic Development Authority meeting that afternoon to discuss, among other things, negotiations regarding the redevelopment of the Royal Phoenix site (former Avtex site).”

05-16-2006 BOS Meeting Minutes:
“Mr. Napier reported that he the Economic Development Authority (EDA) would be holding its regular meeting Friday, May 19, 2006 at 8:00 a.m. and Mr. Stanley and he would attend. He noted that he continued to work with the EDA in drafting contracts and other legal documents with private businesses and industries to further promote economic development in Warren County.”

08-01-2006 BOS Meeting Minutes:
“Mr. Napier reported that he continued to provided legal advice and documents on a daily basis not only to the County staff, Board of Supervisors and Constitutional Officers, but to the Economic Development Authority, who had been busy selling its properties in industrial parks to industrial concerns. He said this brought these properties into productive tax-paying status, which helped funding.”

Two weeks after this flurry of activity involving the Economic Development Authority, drafting contracts and other legal documents, and providing legal advice on a daily basis, Mr. Napier decides to bolt for the door, leaving his 30-year tenure as County Attorney without giving a customary notice of intent to resign. What was the big hurry, the pressing urgency, he could not give a customary 2-week or 30 day notice?

08-15-2006 BOS Meeting Minutes:
“Mr. Traczyk reported that Mr. Napier had tendered his resignation effective immediately. Mr. Llewellyn read Mr. Napier’s letter of resignation. Mr. Llewellyn said he had enjoyed working with Mr. Napier and felt that Mr. Napier had done an outstanding job.”

“On a motion by Mr. Llewellyn, seconded by Mr. Fox and by the following vote, the Board of Supervisors accepted the resignation letter tendered by Mr. Napier:

Carter, aye; Fox, aye; Llewellyn, aye; Traczyk, aye; Weinberg, aye”

09-05-2006 BOS Meeting Minutes:
“Mr. Stanley reported that at the last Board meeting it had been announced that Mr. Douglas Napier had resigned to take on other legal opportunities. Since there were several unfinished matters in which Mr. Napier had been involved, the County asked him to remain as a consultant to work on these projects through December 31, 2006 and Mr. Napier agreed.”

In a 02-09-2007 Northern Virginia Dailey article by Ben Orcutt:
“…former Warren County Attorney Douglas W. Napier says that the contractual arrangement that North River Supervisor Ron L. Llewellyn has with Brookfield Homes is above board.”

To calm growing vocal opposition to his association with Brookfield Washington over the Catlett Road development, Mr. Llewellyn gave us the impression he had sought and received an unbiased legal endorsement from former County Attorney Douglas Napier as to the propriety of the Brookfield/Llewellyn contractual agreement. Mr. Llewellyn did not disclose his behind the scenes relationship with Napier. The summary of Mr. Napier’s review of the Llewellyn/Brookfield contract amounted to, Yep, it sure is a contract all right. That description falls far short of “without potential for conflict of interest”.

Mr. Napier did not disclose his relationship with Llewellyn as his 3-times-over Registered Agent on file with the Virginia State Corporation Commission. This relationship and Mr. Napier’s failure to disclose it raises multiple questions best asked by the voting constituents of Warren County.

According to the Northern Virginia Dailey article, Mr. Napier went on to say the terms of the contract were such that the monies Llewellyn received were his to keep no matter what happened with the zoning and development. If that were true, why the need to record the money Llewellyn received as a lien against the properties? Has Brookfield simply given over $2,000,000.00 to Llewellyn without expecting something in return?

Napier describes the transactions between Llewellyn and Brookfield as purchase contracts. Two separate Deeds of Trust on file at the Warren County Courthouse, one for Swan Farm and one for Catlett Road, describes the transactions as loans secured by liens against the properties.

The question raised is what is the true nature of this $2,000,000.00 money exchange? Is it a gift, a loan, a purchase contract, or a buy-in as a partner?

Napier goes on to opine, “I feel almost certain that’s what it was.” Napier’s comments resemble nothing like a definitive legal statement absolving Llewellyn of conflict of interest or an explanation as to the true nature of the contracts.

Perhaps someone not so close to the action as Mr. Napier should examine the legal documents between Supervisor Llewellyn and Brookfield? I would enjoy a second opinion by a disinterested third party. Perhaps someone with standing such as District Court Judge Hupp could be persuaded to do the examination without prejudice?

Mr. Napier has joined the law firm of Pond, Athey, Athey & Pond. The website www.findlaw.com has information showing another attorney by the name of Ronald Lewis Napier working for the firm. Any relation? Is this the same Ronald Lewis Napier a current or former Judge?

The same website, www.findlaw.com, allows legal professionals to examine cases litigated by other attorneys. Douglas W. Napier, as a law firm employee, shows 3 cases on file, 2 State, 1 Federal. I wonder what they were about? Anybody care to enlighten me?

In business and industry, employee contracts, especially those professions working with sensitive, sometimes proprietary information, it is common to include an anti-competitive clause. This type of clause prevents an employee from running off with the company secrets to use for his own benefit for a period of time after his departure.

Hmmmmm……..so many questions, so few answers. Isn’t the time ripe for anybody with information to step forward?

Mr. Llewellyn is a Glass House resident throwing rocks when he accuses his election opponent, Mr. White, of ethical blindness. Shame on you, Ron.