Saturday, December 3, 2011

Front Royal Town Council Speech 11-28-2011

Mr. Mayor, Council Members, good evening.

In my email to Town Attorney Napier dated 15 November 2011, and copied to the Mayor, Councilmen, Supervisors, and undisclosed citizens, I asked Mr. Napier to provide a copy of his employment agreement with his most recent private employer, the law firm of Pond Athey Athey & Pond. Mr. Napier is not obligated to provide this agreement, but providing a copy would confirm or deny Mr. Napier's private and public sector employment agreements both prohibit employment by anyone other than the employer.

The same email also asked Town Attorney Napier 6 important questions. As it appears Mr. Napier temporarily chooses to remain silent, I will now repeat those 6 questions for the public record.

Mr. Napier:

1- While you are presently employed as Front Royal Town Attorney, will you practice law on behalf of Pond Athey Athey & Pond and/or any of its past, present, or future clients? Do you anticipate receiving compensation for your legal services?

2 - While you were employed as Warren County Attorney from 1998 until your abrupt resignation without notice in 2006, were you ever employed by anyone other than Warren County? If so, did you receive compensation for your legal services?

3- During the time period 1998-2006, were you ever Co-Council with any member of any law firm on behalf of any client other than Warren County? If so, did you receive compensation for your legal services?

4- During the time period 1998-2006, did you ever appear before any tribunal, court of law, or government agency as Co-Council with any member of any law firm, including Pond Athey Athey & Pond? If so, did you receive compensation for your legal services?

5- During the time period 1998-2006, did you maintain a private business office separate and distinct from your government office at 220 Commerce Avenue? Did you ever counsel private clients inside your government offices?

6- Do you claim your employment agreements with Warren County allowed you to accept employment by someone besides Warren County? If so, please explain how Section 2C of these agreements allowed you to practice law on behalf of other employers.

Mr. Napier, my questions are not rhetorical. They all point to legal, ethical, and moral components of the Virginia Rules of Professional Conduct that apply to all members of the Virginia BAR Association.

As a public servant, should you choose to remain silent and not answer these 6 questions, please invoke your 5th Amendment rights on the grounds your answers may tend to incriminate you. Otherwise, stop stonewalling.

Again, I ask, while you were employed as Warren County Attorney from 1998 until your abrupt resignation in 2006, were you ever employed by anyone other than Warren County? If so, did you receive compensation for your legal services?

Thank you.

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