We’ve been talking about Adam Tomer’s issue with the mystery payment to the Coleman Marketplace developers. Let’s take a look at what Tomer has written to Danville’s City Attorney.
11-9-09
To: W. Clarke Whitfield, City AttorneyRe: Additional Coleman Marketplace Utility Expenses
At the November 5th City Council meeting I requested an investigation with regards to the additional $484,878 allocated for utility expenses at the Coleman Marketplace development. These expenses were authorized under our former City Manager, Jerry Gwaltney, and according to a report these expenses went against city policy and procedure. On the last page of this letter I have requested specific information for my review and I would also like the following questions answered in writing and available to the public:
1) In working with Lyle Lacy, I would like a complete itemized expense report of the additional funds ($484,878) given to North American Properties and all internal communications about the work or decision to conduct the work.
2) In working with Lyle Lacy, I would like to know what budget accounts we moved, decreased, or increased to cover these expenses. I would like to know the budgetary impact. I would also like to know what account showed these expenses.
3) I request a review of the city contract or utility service agreement between North American Properties for this development to determine whether knowingly we went above and beyond the scope at the cost of our taxpayers without city council approval.
4) I request a review of the actions taken by Jerry Gwaltney compared to his employment contract and city code to determine if he broke his employment agreement or policy in paying $484,878 without council approval for items he knew or had reason to know should not be covered by the city. If the employment contract or city code was broken I would like to know whether we can pursue a civil action for damages to our taxpayers.
5) It is my understanding that Jerry Gwaltney has appeared as the power of attorney for North American Properties at meetings in Pittsylvania County. I request that we legally inquire to North American Properties and Jerry Gwaltney to determine when employment negotiations began, nature of employment and whether he was solicited for employment during his tenure as our City Manager while he allocated $484,878 to the benefit of North American Properties without council approval.
6) In conclusion, I request a complete and thorough legal analysis to determine whether any civil or criminal laws were violated in awarding these additional incentives without council approval. I support the use of any investigative agency or the commonwealth’s attorney office in assisting you. We are accountable to the citizens to manage their funds properly and I consider this a very serious situation that must be handled openly and completely. I also believe that should misconduct exist, we should pursue this aggressively.
11- 9-09
To: W. Clarke Whitfield, City Attorney
Re: Information Request
I would respectfully request the following information for my review:
1) Any and all email or other communications between North American Properties or it’s employees with Jerry Gwaltney or our Office of Economic Development up to June 30th 2008. Also any internal communication between Gwaltney and the Office of Economic Development.
2) Any and all internal communications within the utilities department and Jerry Gwaltney and or Office of Economic Development with regards to the additional $484,878 in additional utility expenses. Also, a full account by Joe King and the Director of Power and Light (at the time) of conversations between each other and with Jerry Gwaltney about the additional $484,878 utility expense for Coleman Marketplace.
3) Any and all spreadsheets, rough drafts, emails, or project calculations on employment estimates, payback periods and estimated revenue with regards to Coleman Marketplace from our Office of Economic Development or City Manager prepared internally or by North American Properties prior to June 30th 2008.
Sincerely,
Adam J. Tomer
We’ll be keeping our readers updated as we get more information on this developing story.
Perfect example of what our elected officials should be doing for its citizens. Sad to see no other council member had mentioned this report or had issues until Toomer raised the question; commend Toomer for requesting an investigation.