THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, November 2, 1994 TAG: 9411020454
SECTION: LOCAL PAGE: B7 EDITION: FINAL
SOURCE: BY TONY WHARTON AND TONI WHITT, STAFF WRITERS
DATELINE: CHESAPEAKE LENGTH: Medium: 51 lines
The city housing authority, under fire from some City Council members for renewing its lawyer's contract by secret ballot, has called a special meeting for today to revisit the issue.
The commissioners have been asked to meet at 6 p.m. to talk about an Oct. 28 letter from Vice Mayor Arthur Dwyer and the contract with attorney John E. Zydron.
In his letter, Dwyer objected to the board of commissioners' rehiring Zydron on Sept. 27 and their doing it in a secret ballot. He warned that the secret vote could be considered grounds for the commissioners' removal.
Last year, the council fired its previous board for misconduct, inefficiency and neglect of duty.
``This is more of a sharing of information than anything else,'' Chairman Walter W. Berry said of today's meeting.
Berry said he and the other commissioners had not yet seen Dwyer's letter. He said the board also would talk about demands by some council members that the authority get rid of Zydron or be removed from office.
On Sept. 27, the board voted on a contract for its legal services. The issue was discussed in a closed-door session, which is permitted by state law. Then in open session, board members wrote their votes down on slips of paper and had them counted in private. They voted 5-4 to renew Zydron's contract.
Section 2.1, chapter 343 of the 1993 Virginia State Code states: ``Voting by secret or written ballot in an open meeting shall be a violation of this chapter.''
Berry said the intent of today's meeting is not to take a new vote on Zydron or to seek new bids for legal services. He has asked the state Attorney General for a legal opinion on whether the board violated the Freedom of Information Act and whether it should take a new vote. He said if the board needs to take a vote in public it would likely happen at its regularly scheduled meeting on Tuesday.
Dwyer's letter called the secret vote ``an ill-advised action taken in an illegal manner'' and said that Zydron was a ``central figure'' in actions last year that ultimately led to the replacement of the board.
Zydron is the subject of an inquiry by the Virginia Bar after a complaint by City Attorney Ronald S. Hallman. Hallman complained to the bar last November that Zydron had acted unethically in his representation of the authority.
Hallman met with an investigator for the bar on Monday. The bar, which licenses lawyers to practice in the state, does not comment on its inquiries. by CNB