County Coverup?

From the Courier-Record in Blackstone
Oct. 4, 2017
 
COUNTY COVER-UP?
Nottoway cited again for animal violations
$2K penalty paid without public vote, discussion
 
Nottoway County has been fined a total of $2,000 for “critical” animal shelter violations which, according to the state, resulted in “egregious suffering” of three puppies, two of which died.
It’s the second time in two years that Nottoway has paid civil penalties for animal care infractions.
 
This time, however, there’s been no public discussion by the Board of Supervisors, perhaps to avoid further public criticism on an issue that has embarrassed officials at the Courthouse and upset a growing number of county residents.
 
Payment already has been made, according to state records, without any recorded vote by the governing body.
 
According to state records obtained by the Courier-Record, the County paid the four, $500 penalties with a $2,000 check on Aug. 14th.
 
Board Approval
 
State records show that a “Civil Penalty Assessment Report” was initialized by County Administrator Ronnie Roark along with a handwritten message, apparently in Roark’s handwriting, stating that payment of penalties was “approved by consensus of the Board of Supervisors on 7-20- 17.”
 
July 20th is the date Supervisors held their regular monthly meeting for July. No approval of such payment was made in open session that night, nor has there been any public discussion by Supervisors about the state’s latest investigation and complaint.
 
A 50-minute executive session was held that night be- hind closed doors, but only for “Personnel” (hiring an additional animal control officer and new building inspector to succeed retiring Al Ellington), and for “Consultation With Legal Counsel pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body.”
 
County Administrator Roark’s signature is found on a state Consent Resolution, stating that Nottoway County “acknowledges violation” of various Virginia Code Sections. In signing the document, Roark waived the County’s right to appeal the state’s findings.
 
Months-Long Process
 
The County received a Letter of Notification from the state veterinarian’s office on April 27th about the investigation, and then a Letter of Violation on May 18th.
 
County Attorney Preston Williams sent the state veterinarian’s offie a rebuttal that was received in Richmond on June 28th.
 
On July 12th, Nottoway County received an oficial Letter of Penalty Assessment from the State.
During that time frame, there was no public discussion about the matter by Supervisors.
 
Sick Puppies
 
The latest violations stem from three 11-week-old puppies, with signs and history of illness, that were brought to the shelter on March 10th from Falls Street in Blackstone.
 
The state concluded that the puppies weren’t provided adequate food and care. “They were left alone and unmonitored for approximately 57 of 66 hours between intake and the arrival of the animal control officer.”
 
At the time, Nottoway County was being assisted at its shelter by Amelia County because the County’s of cer at that time, Ray Merkh, had been suspended after being charged with Animal Cruelty the previous Fall.
 
In his response to the state, County Attorney Preston Williams pointed out that the County was understaffed and that back-up assistance was not readily available at the shelter. He said the County had made a “good faith effort” to follow state guidelines. The state animal shelter inspector, however, found: “These puppies were not provided adequate nutrition for their age and condition, ad- equate veterinary care…nor were they cared for by shelter custodians who were trained in basic animal care…”
 
Roark vs. Roark
 
The puppies were brought to the County’s attention by citizen John Roark (no relation to Ronnie). John Roark was so disappointed by the County’s slow response and puppies’ treatment, he addressed Supervisors at their March 16th meeting.
 
Citizen Roark was cut-off after five minutes, and then he and other animal care advocates in attendance listened as Board Chair Helen Simmons read aloud a 12-minute statement, part of which criticized him for expressing his frustrations on Facebook, where he called for the County Administrator’s termination.
 
During his remarks to the Board in March, John Roark paused briefly after hearing someone–apparently the County Administrator–chuckle. “I’m glad this seems funny to some of you,” John Roark responded, before resuming his remarks.
 
Different Circumstances
 
In Sept. 2015, when the County was fined $750 in civil penalties for violations at its shelter, that expenditure was approved by Supervisors in open session. There was pub- lic discussion, and Supervisors openly complained about the state’s findings before voting, 5-0 in open session, to pay the penalty.
 
That was when Nottoway officials often found the state vet’s inspections amusing and described them as “nitpicking.”
 
That was a year before the County’s animal control officer in 2016 was indicted on felony animal cruelty charges.
 
It was also before County Administrator Roark became the focus of a complaint this past July, alleging that he violated the Freedom Of Information Act (FOIA). Roark is accused of giving a false response to Eileen McAfee’s request for complaints about Randy Leonard, who is now one of Nottoway’s two animal control officers. Motions in that FOIA case will be argued this Friday, Oct. 6th, in Nottoway Circuit Court.
 
Meanwhile, a special prosecutor has been appointed to review Roark’s lower court testimony in an earlier FOIA hearing.
 
“Deserve Transparency”
 
At Supervisors’ last regular meeting, on Sept. 21st, Board members agreed to move $10,000 from the General Fund into Animal Care line item be- cause County Administrator Ronnie Roark said, “We have spent more than that already.”
 
Roark cited a recent incident involving the County transporting a seized horse for evaluation in Blacksburg and three seized dogs to a rescue facility in Roanoke.
 
No mention was made of the recent $2,000 fine. Supervisor Steve Bowen supported the increased funding, noting, “We need to take care of these animals. We need to put more money into this. It’s just one of those things.”
 
At that same meeting, just moments later, Supervisor Bowen declared that citizens today “want transparency in government, and they deserve that.”