Thursday, September 29, 2011

The Good Old Boys Are Back In Action

I blogged about this conflict of interest matter back in 2007.

Like the mythological Greek monster, the many-headed Lernaean Hydra (cut off one head and two more grew back) the Good Old Boys are at it again.

Today's NV Daily article, "Veteran attorney takes town spot" demonstrates our politicians penchant for cronyism.
http://www.nvdaily.com/news/2011/09/veteran-attorney-takes-town-spot.php

I beg the question, “How does the Attorney-Client Privilege conflict Napier’s public service position as Town Attorney representing Front Royal interests and his private legal service as Registered Agent for multiple companies with official business before the Planning Commission, the Town Council, and the Economic Development Authority?" Mr. Napier’s client, former County Supervisor Ron Llewellyn, currently holds a seat on the Economic Development Authority.

On-line documents on file with the Virginia State Corporation Commission indicate Douglas Napier, while employed as Warren County Attorney, and in violation of his employment agreement with the County, was providing private legal services involving former Supervisor Ron Llewellyn’s private sector actions as a Developer of real estate projects located within Warren County and Front Royal, specifically the former Swan Farm LLC development (now replaced by Heptad LLC) that borders the proposed Leach Run Parkway, an area now having business before Town Council and the Economic Development Authority. I remind you Mr. Napier’s client, Ron Llewellyn, currently holds a seat on the Economic Development Authority.

The Leach Run development area is a plan to bring the community its first large-scale planned neighborhood. Napier was SCC Registered Agent for Llewellyn's now defunct Swan Farm LLC venture and is currently SCC Registered Agent for Llewellyn's new Heptad LLC.

Also during his tenure as County Attorney, and in violation of his employment agreement with the County, Napier was, and is, the Registered Agent on file with the State Corporation Commission for Ron Llewellyn's Catlett Road LLC (now Senary LLC) development which is seeking Town water and sewer service declined by the previous Town administration.

Napier’s job as Town Attorney is to provide legal advice to the Planning Commission, the Town Council, the Economic Development Authority, and other Town officials. How many hats will Napier wear? As Town Attorney will Napier stop legally representing his lucrative real estate private practice that includes acting as agent of record for many of developer Ron Llewellyn's Limited Liability Corporations?

Compounding the conflicts of interests issues, consider Napier's legal role for the past few years as an attorney working for Pond, Athey, Athey, & Pond, one of the largest local law firms that is well known for representing developer real estate interests before local government agencies throughout the greater Shenandoah Valley area. How will Napier separate his personal knowledge of insider information from both sides of these Town/Developer legal fences?

Will Mr. Napier need to recuse himself for any and all business brought before the Town of Front Royal by his former law firm, which would include State Delegate Clay Athey's new law firm partner Todd Gilbert? What safeguards protect the Town of Front Royal and its citizens from potential conflicts of interest between Napier and his former employers?

When Mr. Napier abruptly resigned as Warren County Attorney, his vacated position was filled by Mr. Blair Mitchell, former Town Attorney for Front Royal. And now that the Town Attorney position is vacated, Mr. Napier, the former County Attorney, has become the new Town Attorney.

Did Napier and Mitchell just swap jobs? The local political scene becomes curious-er and curious-er... the more things change, the more they stay the same.

The present Town Council once again demonstrates their commitment to cronyism. Napier's return as Town Attorney signals a Good Old Boy continuation of conflict of interests centered with Good Old Boy developers. The Good Old Boys must be very happy with this chain of events. The whole team is back in action.