• Tony O’Brien, (Rivanna)
• Shaun Kenney,(formerly Columbia)
• Joe Chesser, (formerly Rivanna)
• Mozell Booker (Fork Union)
• Don Weaver, (Cunningham)
• Fred Payne, county attorney
• Kristina Hofman, (works with Payne)
• Douglas Palais, (the lawyer representing the county in the lawsuit.)
Booker, who was voted the chair of the Board of Supervisors at its first meeting of 2014, said she didn’t have any new information about the lawsuit.
“We usually do the briefing in closed session and we haven’t had one in a while,” Booker said Thursday, (Jan. 9).
The county’s suit asks Davenport be found responsible for misleading the board regarding the best method to finance the new high school that opened August 2012. Davenport advised supervisors on bonds to fund construction of the new high school.
The heart of the legal action is a claim that Davenport received excessive fees, caused Fluvanna County to be liable for nearly $18 million in excess interest payments and gave deceptive and self-serving advice. The suit originally asked for $18 million plus legal costs, though that amount has been amended to a much lower amount – about $5.3 million The most recent records available show the lawsuit has cost the county more than $340,000.
Joseph K. Reid III, who represents Davenport, filed a motion for dismissal Dec. 13.
In the dismissal request, Reid states a key component of the Board’s case – that Davenport Vice President David Rose lied to the Board at a Nov. 24, 2008 meeting – is false because Rose wasn’t at the meeting. In fact, he wasn’t even invited, the document states. The voice heard speaking at the meeting is that of Cabell Lawton, former county administrator. The motion for dismissal also states attorneys representing the Board knew it but didn’t turn over audiotapes that proved Rose wasn’t there until two years after being asked.
In a letter, Palais said that doesn’t matter because Lawton was restating advice given to the Board by Rose at an earlier meeting.
Palais’ letter dated Dec. 9, stated: “…your allegation that the Board or counsel knew of this error at the time that the Complaint was filed is simply wrong, and in any event, has no substantive significance.”
Reid wouldn’t comment on the reason for deposing the supervisors and others saying “I’ll let the papers speak for themselves.”
Court documents show that Reid is demanding the supervisors and others subpoenaed produce any documents or emails pertaining to the financing of the construction of the high school and to the Nov. 24 supervisor’s meeting where the county initially claimed Rose lied to the Board.
Booker said she still hopes Fluvanna will prevail and the lawsuit will bring in money to Fluvanna coffers.
“We just have to wait and see and keep our fingers crossed,” she said. “Every little bit will help.”
On Feb. 23, Fluvanna Circuit Court Judge Benjamin N.A. Kendrick dismissed the lawsuit, saying it was not the Circuit Court’s job to determine liability in such cases. On April 18, the Supreme Court of Virginia unanimously reinstated the multi-million dollar lawsuit.
Davenport vigorously denied the allegation, saying in an email to the Fluvanna Review in June that Davenport “stands behind the advice given to Fluvanna County one hundred percent.”
