NORFOLK—Police worked for months on the now-infamous “no-show worker” case, digging into why the Norfolk Community Services Board paid an employee for 12 years following a suspension.
Findings were turned over in December to Commonwealth’s Attorney Greg Underwood, who spent seven months doing a legal review before telling the city he would not prosecute anyone.
Now, city officials say, they are going to keep those findings a secret.
Nothing in Virginia law forbids release of these records. It’s up to the city. In some cities, “very little, if any, criminal investigative file information is released because that is policy,” said Ginger Stanley, executive director of the Virginia Press Association. VPA is pushing a proposal that would open more criminal records to the public.
Megan Rhyne, executive director of the Virginia Coalition for Open Government, said her group encourages release of files from criminal investigations, especially in a case that involves public money.
“If there’s no jeopardy that can be attached to release of the file, even the (Virginia) Association of Chiefs of Police reminds police departments that they can release these records,” she said. The chiefs association’s FOIA guide for law enforcement states: “It is an established fact that law enforcement benefits when citizens are informed to the maximum extent possible.”
Norfolk Assistant Police Chief Vernon R. Simmons and Capt. Ed Ryan, chief of detectives, “graciously declined” to release the CSB records, police spokesman Chris Amos said.
“Per the Commonwealth Attorney’s release all media inquiries regarding the CSB case are to be forwarded to their office. They can release/make available whatever information they so choose to do so but we will not be releasing investigative files,” Amos said in an email.
Norfolk City Manager Marcus Jones also declined to release the information, Assistant City Manager Melanie Purcell said. Jones oversees the police and could allow public access to the records.
“Traditionally, we haven’t released the records of a criminal investigation,” Purcell said. “So we are going to honor that practice.”
On Friday, Underwood’s spokeswoman, Amanda Howie, said the commonwealth’s attorney would not likely allow access to the records. On Monday, she said Underwood consulted with the Virginia State Bar and was advised not to do so.
Underwood cited a legal ethics opinion saying a lawyer should not make statements outside of court that he knows could interfere with the fairness of a jury trial, even if the matter is not ultimately tried by a jury. She also said Underwood believes it would be inappropriate to allow access while civil litigation is pending.
Although city officials said last week that federal and state investigators had not completed their work, it appears all state investigations ended in December.
Meghan McGuire, communications director for the Department of Behavioral Health and Developmental Services, said by email that her office investigated, but not for any criminal conduct. Her organization’s review was completed in December. There is no Virginia State Police investigation, spokeswoman Corinne Geller said.
FBI officials have declined to say whether their investigation is pending or over.
The civil lawsuits could potentially allow the public to find out why the CSB paid Jill McGlone even though she did not show up for work. Three defamation suits were filed by former CSB employees against Executive Director Maureen Womack and the board. Five former CSB employees, including McGlone and former Executive Director George Pratt, have been sued by the agency, seeking repayment of the $320,000.
City Hall responded forcefully after the scandal became public. Womack held a news conference in September, disclosing the names of five employees who were fired or forced out and announcing that findings were being turned over to the police and FBI.
Last summer, city leaders said they wanted answers. Since last week’s announcement by Underwood, however, they have largely avoided comment.
“This is just flat-out terrible,” Norfolk Mayor Paul Fraim said in August. “We’ll find out eventually why this occurred.”
Virginia Beach lawyer Kevin Martingayle, who represents two of the fired workers suing Womack and the CSB, said in an email: “The CSB and City decided to make this all very public from the get-go, so why the ‘hide and go seek’ now?”
Fraim, Vice Mayor Anthony Burfoot and council members Theresa Whibley, Paul R. Riddick and Barclay C. Winn declined to comment.
Councilwoman Angelia Williams said she agreed with Jones. “I don’t like it, but I understand the reasons” the city won’t open the files, she said.
Councilman Andy Protogyrou, an attorney, said that after the FBI is done with its investigation, “we should release the records.”
Councilman Tommy Smigiel agreed, saying the city needs to be held accountable for the payments made to McGlone. “I’m going to keep asking questions,” he said. “That’s all I can do.”
Protogyrou said now that Underwood has announced there will be no prosecution, attorneys in the civil suits will subpoena police records.
James Shoemaker, a Newport News attorney representing one of the fired workers alleging defamation, said he has subpoenaed the police investigative file as part of the civil case.
By Harry Minium
Patrick Wilson
The Virginian-Pilot
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