Read this article if you want to educate yourself about removing a County Administrator by a Board of Supervisors.
Let me make this clear it is illegal to terminate the County Administrator in closed session. It must be done in a open to the public meeting. The County Administrator even has a right to a public hearing. This is not closed session it is illegal.
The supervisors have grounds to fire Mr. Lester for cause because if he has failed to provide them and the public with information requested. That means he is not doing his job in good faith. That means no further compensation would be due him.
I think some of the Board of Supervisors are under the wrong assumptions about firing a County Administrator. The County Administrator works at the pleasure of the Board of Supervisors. This is a right to work state, and the County Administrator can be terminated without any reason at all. This is all in state law. The County Administrator can only be fired in an open board meeting and that is state law as well. Some say they must pay out his contract if they fire him in the middle of the year. Question why was he granted a new contract in the first place? If Lonzo Lester County Administrator is fired for reason, then they are not required to pay out his contract. If he is fired for no listed reason, then you revert back to the contract and whatever severance agreement that is in the contract. If he is let go without reason during the contract year then the county can fight paying out his contract or pay the remainder of the contract.
With Daniel Meade filing a lawsuit against the Board of Supervisors over the Dante Fire Department it will bring more light on to the County Administrator. Will David Miller also file a lawsuit over being discriminated against during public comment?
The following will educate the public on exactly the process when firing a County Administrator.
While some think they must do this in closed session that is actually against the law. The following is listed by AI regarding the removal of a County Administrator:
“In Virginia, a county administrator can typically be removed at any time by the board of supervisors under the county manager or county administrator form of government. However, they are usually entitled to a written statement of the charges for removal and a public hearing if requested. Specific grounds for removal may include neglect of duty, incompetence, or malfeasance in office, as outlined in state law.
Key Virginia State Codes
• § 15.2-708 (County Manager Form):
.
This section allows a county board to remove a county manager at any time for neglect of duty, malfeasance, misfeasance in office, or incompetency.
• § 15.2-406 (County Administrator Form):
.
This code section allows the board to remove the county administrator at any time and also covers their appointment and compensation.
Process for Removal
1. 1. Request a Hearing:
An administrator facing removal can request a written statement of the alleged reasons for removal and a right to a hearing.
2. 2. Public Hearing:
The board must hold a public meeting to provide the hearing before the removal takes effect.
3. 3. Suspension:
The board may suspend the administrator during the hearing, but the suspension cannot exceed 30 days.
4. 4. Action is Final:
The board’s action in suspending or removing the administrator is not subject to judicial review.”
The Board can make all the excuses they want but a motion can be made to fire Lonzo and it does not and cannot happen in closed session.
The following information discusses what the Board can do about paying out the Administrator’s contract:
“The legal obligation for a Virginia county to pay out a county administrator’s yearly contract after firing them depends on the specific terms of the administrator’s employment agreement. The Virginia Code allows for “at-will” removal, meaning a county can remove an administrator at its pleasure, but this does not override the terms of a valid contract.
Virginia law regarding removal
• Under Virginia Code § 15.2-406, a county administrator “may be removed at the pleasure of the board”. This “at-will” provision gives the board broad power to terminate the administrator.
• Other provisions for different forms of county government, such as the County Executive form (§ 15.2-510), also state that an executive can be “removed at the pleasure of the board”.
Effect of a contract
However, a contract signed by the county can modify the terms of the at-will employment provided for in the Virginia Code.
• If the administrator has an employment contract that includes a severance clause for termination without cause, the county is generally bound to honor that clause.
• Publicly available employment agreements for county administrators in Virginia confirm this practice. For instance, contracts from Dinwiddie County and Isle of Wight County specify severance packages for terminations without cause, which include several months’ salary and benefits.
• Such contracts typically define termination with cause (e.g., for malfeasance or breach of contract) as disqualifying the administrator from receiving a severance payout.
Conclusion
In short, a Virginia county is not legally obligated to pay the remainder of a yearly contract by default. The critical factor is whether the county and the administrator entered into a contract that specifies compensation, like severance pay, in the event of a termination without cause.”
The county has been sued now with possibly more suits coming how long are they going to wait until some action is going to be taken?
