Front Royal Town Council Speech 10-24-2011

Friends,
Below is the speech I gave to the Front Royal Town Council tonight. Please feel free to forward this message to your friends. Elimination of the Good Old Boy monopoly is slow to come, but it is coming.
Best regards,
Bill
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Mr. Mayor, Councilmen, good evening.

A letter to you dated 3 October from Doug Napier claimed my email letter to you contained factual errors. Mr. Napier did not identify any factual errors, not one, and specifically did not address my allegations concerning his employment agreement violations and his conflicts of interests.

I allege Mr. Napier is inextricably intertwined with the real estate development operations of former County Supervisor Ron Llewellyn.

I allege County Attorney Napier, on as many as 374 occasions, violated the Virginia Rules of Professional Conduct concerning conflict of interest.

I allege County Attorney Napier, on as many as 374 occasions, violated his county employment agreement prohibiting practice of law with employers other than Warren County.

I allege the reason for County Attorney Napier's resignation is inseparable from the nearly simultaneous resignation of a female county staff member.

On the 20th of May, 2003, County Attorney Napier was appointed, notarized, and empowered as Special Power of Attorney, authorized to handle all aspects of negotiating the interests of former County Supervisor Ron Llewellyn's purchase of Swan Farm, a key property in the creation of the Leach Run Parkway right-of-way. Ron Llewellyn and his wife authorized County Attorney Napier to serve as "[...] our true and lawful attorney-in-fact (hereinafter referred to as "my attorney"), who is hereby authorized for use and in our names individually and for and on behalf of Swan Farm [...]". The document continues with a long list of Napier's duties when acting on behalf of Ron Llewellyn who, nominated by Councilman Holloway, now sits on the EDA Board of Directors. (I have provided each Council Member a copy of this Special Power of Attorney.)

In his letter, Mr. Napier implies all of his private practice legal services were limited to 'pro bono' services to a deserving cause, Habitat for Humanity. Regarding Swan Farm, did Mr. Napier perform these myriad legal services for Mr. Llewellyn for no fees as his October letter suggests? Perhaps Mr. Napier's Federal and State income tax returns will provide the answer?

Let us examine another example of Mr. Napier's lucrative real estate private practice.

In May of 2006, Janie Johnson wrote her Last Will and Testament, witnessed by Kimberly Athey, law partner with Pond, Athey, Athey, and Pond. In the will, Mr. Napier was named as a 10% beneficiary of the Johnson estate at 18 Charles Street. Mr. Napier was also named as Executor.

It is unclear if Mr. Napier is related to Janie Johnson, who died in February, 2008. Mr. Napier collected $10,000 from the sale of 18 Charles Street, plus, as Executor, he paid himself legal fees and expenses of $15,276.85, including an $8,800 repayment to himself for paying the funeral bill. The Commissioner of Accounts audit forced Mr. Napier to return this $8,800 to the estate because, as it turns out, apparently, someone other than Mr. Napier actually paid for the funeral.

Mr. Napier was full-time County Attorney for a period of 8 years and 1 month. Representing as many as 374 private practice clients means, on average, once a week, every week, for 8 years, Mr. Napier was privately employed to practice law. The fees Mr. Napier collected for these services remain largely unknown.

Perhaps the Internal Revenue Service and the Virginia Bar Association will now become interested in Mr. Napier's situation?

I suggest the Town Council delay installing Mr. Napier as Town Attorney until these allegations are resolved.

Thank you.