Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, June 30, 1993 TAG: 9306300162
SECTION: CURRENT PAGE: NRV-3 EDITION: NEW RIVER VALLEY
SOURCE: KEVIN KITTREDGE STAFF WRITER
DATELINE: PEARISBURG LENGTH: Medium
Martin, 44, was suspended without pay for three weeks beginning June 19, confirmed Herbert "Hub" Brown, board chairman. Brown said the action was based on a "consensus" of board members reached during an executive session.
The board took no public action after its closed session June 15, in apparent violation of the state's Freedom of Information Act.
The failure to act publicly also casts doubt on the legality of Martin's suspension - which sources said was announced to the building official at a private meeting with Martin, Brown and County Administrator Ken Weaver on June 18.
Virginia law states that, "except as specifically authorized by law, in no event may any public body take action on matters discussed in any executive or closed meeting, except at a public meeting for which notice was given as required. . . ."
Martin also received a letter dated June 18 on county supervisors' letterhead, informing him of the decision.
The letter said Martin was suspended because of "incompetence or inefficiency in the performance of the duties of his position," and for acting "in a manner that reflects unfavorably on the county." The letter is signed by Brown, Weaver and Martin.
Brown declined to go into detail about why Martin was suspended. Other sources said Martin was suspended for allowing a builder to begin work on a house without first obtaining a building permit.
Martin - who also is the county's zoning administrator - did not deny the accusation, but insisted he has always been fair in issuing building permits. He also said his reputation had been hurt by rumors he had been fired.
Martin was suspended without pay from both positions but was not fired, supervisors said.
"I don't think I'm incompetent," Martin added, referring to the wording of the letter. "I think I'm a damned good county building official, and I treat people fairly. I think I'm a damned good zoning administrator. . . . It [the suspension] has not made me happy."
Brown confirmed that the board reached consensus during its executive session "that this action [suspending Martin] should be taken."
Asked if the board had acted properly in deciding to suspend Martin without announcing the action in open session, Brown said the matter "really did not have to come before the board" at all.
Brown also said that he and Weaver, the administrator, "together handled" Martin's suspension following the meeting. Attempts to contact Weaver were not successful.
Asked if Martin would be reinstated, Brown said "as far as I know at this moment he can come back and go to work" once the suspension is up.
by CNB