Parksley Town Council Members sue the Town and Mayor

By Linda Cicoira

     Carol and Daniel Matthews, a married couple who are also members of the Parksley Town Council, complained in separate lawsuits filed in Accomack Circuit Court recently that the town’s mayor, Frank Russell, and several other council members have repeatedly violated the Freedom of Information Act. They also name the Town of Parksley in the lawsuit.

     The pair are asking the court to order the officials to comply with the act and to pay court costs and fees incurred by the complaint. They also urged the court to fine the violators.

     Carol Matthews said the mayor and others knowingly and willfully ignored laws by illegally going into executive (or closed) sessions and using these sessions to discuss “non-exempt topics,” intimidating her and others, and silencing open (meeting) discussion regarding town business that should be shared with the public. She added that her “points of order” were removed from official meeting minutes. The councilwoman said these violations occurred on March 14, April 11, June 13, July 11, Aug. 8, and Sept. 12.

     Meanwhile, Russell says he is left wondering why “any elected official would go out of their way to show their town in a negative light.” He denies intimidating anyone and listed the many things that he and others on the council have accomplished for the town. He said all but Carol and Daniel Matthews donate their salaries back to town coffers.

    The first lawsuit was filed by Carol Matthews on Sept. 19. She states Russell violated the state act “as it pertains to open and closed meeting laws, thus being derelict in his duty as an elected official and to his oath of office.”

     “I had good cause for filing this petition in that the continued violations of VFOIA hinders the council from legally upholding their oath of office and permits constituents to be denied their VFOIA rights,” she stated in the filing.

     She also made accusations about Council Members Ricky Taylor, Henry Nicholson, and Sam and Jan Welch, another couple that serve. 

    Carol Matthews further complained that while the two officials were notified, “neither the town attorney, Tommy Dix, or the town clerk, Lauren Lewis (who also serves as the town’s FOIA official), have followed protocol to begin correctible action (that is) due about the repeated violations.”

     “Being routinely attacked by defendants for expecting compliance with … Virginia’s laws, not only hinders (the) plaintiff’s ability to carry out her duties of office, but also permits constituents and plaintiff, in her role as council person, to be harmed,” Carol Matthews stated in the file.

     Daniel Matthews filed his complaint on Sept. 21 and focused on “straightforward meeting laws.” His scope was similar that of his wife and included a complaint that Russell, Taylor and the Welches met secretly and illegally on Sept. 4 to discuss hiring a new town police officer. 

      “While we all feel FOIA is very important, it should not be weaponized,” said Russell. “All the rest of the council works hard for the Town of Parksley. Mr. Matthews has threatened to bury our town clerk in FOIA requests. He has been told that we will be glad to supply any and all information that he or anyone else would like to have. I have told Mr. and Mrs. Matthews that all they have to do is call or come by and visit with me.

     “It makes me sad that the rest of the town council is working so hard to improve our town” and then have to deal with a lawsuit. He listed the sewage plant repairs, upgraded sidewalks, renovated town office and DMV, getting the Eastern Shore Public Library to locate in Parksley, the $750,000 renovation grant for downtown, installation of cameras for town protection, purchase of state-of-the-art water meters, and upgraded computers, “all with no tax increase.”

     “I don’t think the good people of the Town of Parksley elected us to burden them with needless lawsuits that will cost our taxpayers,” said Russell. A special lawyer from Richmond had to be hired and the October council meeting was canceled because of the lawsuit, the mayor added.