Personnel issues & Virginia Code § 15.2-1405
From:smarshall@co.patrick.va.us smarshall@co.patrick.va.us
Sent: Thu, Jan 16, 2025 at 9:17 am
To: claytonk81@gmail.com, dperry@co.patrick.va.us, jwood@co.patrick.va.us, aoverby@co.patrick.va.us
Cc: Amy Walker, John Fitzgerald
Confidential, do not share with employees, press or members of the public. I Cc’d this to the board clerk for record keeping purposes only.
There has been some chatter about how we as supervisors can do and say what we please with impunity under the claim of sovereign Immunity. I hope the following will clear that misconception up a bit. Please pay close attention to the following line of the code. ‘However, the immunity provided by this section does not apply to conduct constituting intentional or willful misconduct or gross negligence.”
- Virginia Code § 15.2-1405. Immunity of locally elected officials of
local government entities; exception.
“The members of the governing bodies of any locality or political
subdivision and the members of boards, commissions, agencies and
authorities thereof and other governing bodies of any local government
entity…shall be immune from suit arising from the exercise or failure to
exercise their discretionary or governmental authority as members of the
governing body, board, commission, agency, or authority which does not
involve the unauthorized appropriation or misappropriation of funds or
intentional or willful misconduct or gross negligence. However, the
immunity provided by this section does not apply to conduct constituting
intentional or willful misconduct or gross negligence.”
My belief is that attempts to sabotage our administrative staffs jobs that were presented at the 1.13.25 BOS meeting represented intentional steps taken with the ultimate goal of bringing about the resignation of our county administrator. This is the proprietary goal of some loosely but demonstrably organized groups in Patrick County that two of our supervisors are equally demonstrably affiliated with. I believe that these actions represent intentional and willful misconduct at minimum.
-Steve Marshall, Patrick County Board of Supervisors Blue Ridge District. Representing all of Patrick County.
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