ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, December 11, 1996 TAG: 9612110013
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: TODD JACKSON STAFF WRITER
Rocky Mount Town Council members can't remember the last time they voted against an executive session.
It's been like clockwork for years. When the council meets, a closed-door discussion usually is part of the agenda.
But these are no ordinary times in the Franklin County town. The council refused to go into its regular executive session Tuesday, and it's facing possible gridlock as a result of charges leveled by a prominent resident, Anne Carter Lee Gravely.
She has called for an investigation of the town government alleging nepotism, an improper purchase of a refrigerator for a councilman's mother, questionable treatment of employees and violations of the Freedom of Information Act.
The councilmen named in some of the allegations - Arnold Dillon and Bobby Cundiff - have vehemently denied any wrongdoing and have provided documentation that appears to back up their side of the story.
Gravely, though, has asked county Commonwealth's Attorney Cliff Hapgood to call for a state police probe of the council.
Hapgood hasn't discussed the possible investigation, but many in the middle of the situation believe it has more to do with politics than lawbreaking.
"I don't feel like any of us have done anything wrong," said Councilman Ben Pinckard Sr. "I think we should just forget about all of this - let it go away - and get on with the business of the town."
Dillon and Cundiff, however, have taken a different approach. They've responded publicly to Gravely's charges, and both say they would welcome an investigation.
They let off some steam before voting not to enter the executive session Tuesday night.
Cundiff said the allegations surrounding him and others "are a malicious attempt to discredit Town Council with the help of town employees and other people trying to play politics."
They said Gravely - in an effort to exact revenge on council members who have voted against requests by a local revitalization group she supports - is orchestrating a public spectacle to sow seeds of doubt in the community.
"I will not be coerced or intimidated for voting for what I think is best for the town of Rocky Mount," Cundiff said.
Gravely laughed at the assertion that she's leading some sort of conspiracy, and said that she's simply concerned about the state of the town's affairs.
Dillon said if Hapgood does decide to call for an investigation, then he should throw something else into the mix: The leaking of what he said is confidential federal grant information.
One of Gravely's charges is that the town bought Dillon's mother a refrigerator. Dillon, in response to the allegation, has provided paperwork that shows that his mother qualified for and received the appliance under a federal grant to help refurbish the homes of poor people in the Tank Hill area - information that can be kept private according to the Freedom of Information Act. On some of the papers, the town marked out the names of other grant applicants to protect their identity.
A housing board appointed by Town Council to administer the grant approved the purchase of the refrigerator for Dillon's mother, along with a number of others for Rocky Mount homeowners.
"Someone was leaking erroneous information about the grant to Anne Carter Lee Gravely," Dillon said. "So, while we're at it, let's find out how that happened."
Gravely also raised nepotism questions because several relatives of council members are employed by the town. However, the town has no nepotism policy, Town Manager Mark Henne said.
The Freedom of Information Act allows governmental bodies to convene in executive session to discuss matters involving personnel, land acquisition, prospective industry and potential litigation. But any action a body takes must be voted on in public, and Gravely claims the Town Council hasn't followed the proper procedures.
The council's refusal to enter executive session wasn't related to Gravely's FOI claim, but it is tied to the controversy.
Dillon and Cundiff - who were joined in the majority by Vice Mayor Posey Dillon and Councilman R.E. Wray - said a trust is continuously being breached.
"Information is leaking out of our executive sessions as fast as we discuss it to people who want to make the town look bad," Dillon said.
While it is not illegal to discuss executive session matters publicly, Dillon and Cundiff said a gentleman's agreement about things that should remain confidential is being blown to bits.
For example, a town employee's job status was discussed during a recent closed-door night meeting. The employee, who was not at the meeting, met Henne at his office door to confront him about the employee's job status the next morning, a councilman said.
No one would comment on who they think leaked the information, but some council members have had disagreements with Mayor Broaddus Shively.
When asked if their action Tuesday night was a protest against Shively, council members all said "no comment."
Shively could not be reached for a response Tuesday.
Meanwhile, Dillon said he plans to keep on voting against executive sessions.
"There's no law that says you have to have them," he said. "Maybe it's best that we conduct all our business in public so the people will get everything firsthand instead of secondhand."
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