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    UPDATED: Delgaudio will not be indicted as result of grand jury

    A special grand jury and the prosecutor investigating allegations Loudoun County Supervisor Eugene Delgaudio (R-Sterling) abused public office won't seek indictments against Delgaudio, according to the jury's report released today.

    Through the jury's four-month investigation it met with at least 31 witnesses – including Loudoun County Board of Supervisors Chairman Scott York (R-At Large) – and reviewed at least 36 pieces of evidence.

    Delgaudio, first elected in 1999, was accused of using his Loudoun County office and other county resources for political fundraising.

    The special grand jury's report, while not pinpointing criminal activity by Delgaudio, highlights testimony of a potentially harsh working environment in the Sterling supervisor's office, a lack of focus on constituent services and a likely, but not blatant, misuse of county resources.

    “At the conclusion of the investigation [Arlington Commonwealth's Attorney Theo Stamos, whose office was in charge of the investigation] informed the jury that she would not ask the jury to consider any indictments,” a summary of the report states. “As such, the jury never deliberated to consider whether it would indict Supervisor Delgaudio, the original focus of the investigation, or any other individual.”

    Stamos' examination was sparked in September 2012 when one of Delgaudio's former legislative aides, Donna Mateer, made the allegations against the Sterling supervisor through a story in the Washington Post.

    The special grand jury report does not necessarily clear Delgaudio of wrongdoing. It states: “While the jury cannot speak for [Stamos], we believe that at least one significant reason that the jury not asked to return an indictment is a result of limitations imposed by the Code of Virginia.

    “This report summarizes evidence that suggests the misuse of public assets may have occurred within Supervisor Delgaudio's office between Fall 2011 and Spring 2012 and explains why such misuse may not be criminal in this instance.”

    A silent Delgaudio

    The oft-outspoken and colorful Delgaudio would not answer questions Monday afternoon at a press conference he called. Instead, he issued a brief statement and turned the forum over to his attorney Charles King, who said he recommended Delgaudio not field questions.

    In a prepared statement, Delgaudio said: “I'm thankful this long process is now over … If there is a lesson here, it is that we should attempt to settle our political differences civilly and through political debate, not by attempting to diminish one's opponent by falsely accusing them of misconduct.

    “I am proud of Sterling and I will continue to improve the lives of the residents of Sterling,” he said.

    The special grand jury's report

    The jury's 13-page overview, while not spelling out blatant criminal activity, paints a picture of a cutting work environment for some of Delgaudio's legislative aides.

    Several witnesses told the jury of incidents in the office involving “acts of verbal abuse that on multiple occasions brought his aides to tears” and led to their departures.

    The report explicitly states there may have been a potential misuse of county resources.

    Yet while there was “testimony that supports at least a circumstantial assertion of misuse of public assets,” the report states, Virginia code “criminalizes such action only for 'full-time' employees.'”

    “Because Loudoun County pays a nominal salary to members of the Board of Supervisors there is a general expectation that Board of Supervisors have another source of income ...” the report states.

    It continues: “Consequently, additional avenues of potential investigation were ultimately dropped when it was determined that criminal charges would not be filed based on the use of the term 'full-time' in the Code of Virginia. In the Recommendations section, the jury strongly urges a change to this statute.”

    Witnesses before the special grand jury also testified that Delgaudio directed aides “not to answer the phones or address constituent concerns and instead focus on other priorities ...”

    Delgaudio's attorney King dismissed the hostile workplace claim by saying the employees who complained about the office environment “left under circumstances one would expect a former employee to be unhappy about.”

    Of constituent services, King said “the main reason one of the nation's most conservative public officials continues to win re-election in a district where demographically he shouldn't is because Supervisor Delgaudio makes constituent service priority one.”

    Opponents react, plan to petition

    The Loudoun County Democratic Committee said it's not surprised at the outcome of the case. As such, members of the committee will be serving petitions to the circuit court “very soon” for the court to consider removing Delgaudio from office.

    “The Sterling residents find this disgraceful and shameful, but not unexpected,” Val Suzdak, secretary for the Loudoun County Democratic Committee, said immediately after the findings. “We anticipated justice would not be served despite blatant misuse of office and corruption ...”

    Suzdak estimated the more than 700 signatures on the petition – more than the required amount – will be delivered to the circuit court within the next few weeks. At that point, according to Suzdak and attorney Stevens Miller, a former Loudoun supervisor, the circuit court would send the petition for removal to Loudoun Commonwealth's Attorney Jim Plowman, who presumably would send the matter elsewhere as he did with the now-concluded investigation to avoid conflict of interest.

    Miller, who formerly represented Mateer and serves as executive director for the anti-Delgaudio political action committee, Real Advocate, said he respects the grand jury's decision not to pursue an indictment.

    But Miller also opined that had Stamos asked for an indictment, there's a chance she could've gotten one. “That's where our disappointment lies – the grand jury put a long time into this and they weren't allowed to make their own decision and that's too bad,” he noted.

    “We think it's particularly significant that their report indicates that the grand jury was not allowed to deliberate on the question,” Miller said. “… it is absolutely not a finding that clears Mr. Delgaudio in any way.”

    Miller pointed out the report calls for changes to Loudoun County policy and state law to tighten prohibitions against possible political fundraising from elected officials.

    “We know by watching Mr. Delgaudio, he's a master wiggler,” said Miller. “He's found the wiggle room in the statutes that would let a master wiggler wiggle free one more time.

    Speaking to the Times-Mirror after the report's release, Stamos made clear she did not believe there was enough evidence presented to show Delgaudio broke any existing statutes.

    Grand jury's recommendations

    Recommendations in the special grand jury's report include:

    -That the Virginia General Assembly amend the “misuse of public assets” statute so that it applies to anyone that works for or is elected to any government body in the commonwealth.

    -That Loudoun County administration create a written process by which Loudoun supervisors' aides can inquire as to the legality of any tasks assigned to them.

    -That the Virginia General Assembly form a committee to research and amend the Virginia Campaign Finance Disclosure Act of 2006.

    -That Loudoun County staff and the board modify policies for the Board of Supervisors' aides to ensure an unbiased third-party review occurs of any outside employment or political activities.


    This story has been updated from an earlier version.

    Contact the writer at .(JavaScript must be enabled to view this email address).



    Read past coverage here:

    -"Chairman York appeared before special grand jury in Delgaudio case" -- May 31, 2013
    -"Sterling group forms to petition for Delgaudio’s removal" -- Feb. 15, 2013
    -"Supervisors vote Williams vice chair, Delgaudio off committees" -- Jan. 2, 2013
    -"County releases letter on Delgaudio investigation" -- Nov. 14, 2012

    Comments

    No indictment because he’s not a ‘full time employee’. Priceless. Everyone knows his full time occupation is the distribution of vinyl toy fetuses.


    I have visited over 5,000 doors since Monday and last night greeted the largest turnout ever of citizens
    face to face last night at the Sterling Fireworks Display sponsored by the Sterling Golf and Swim Club.

    Thank you.

    That non-profit group struggles each year to host a splendid tradition. Thank you to them for this effort.

    Thank you to the Governor, Bob McDonnell, for graciously coming to Sterling and hosting a truly historic event
    for Virginia in the battle against lyme disease.

    In my visits and at the public events, I have been overwhelmed by the warm embrace and encouragement by most in
    Sterling and the genuine expressions of support. These expressions of support at this time warm my heart
    and the heart of my family, respectively. Thank you all including the many posters on news sites.

    One more thing, there are a lot of lies about me being routinely published or posted online. These are ignorant falsehoods
    designed by misguided small minded political attackers.

    Truth is a bigger thing than fiction.

    My personal web site www.joineugene.com and my Sterling American newsletter reaches
    thousands who subscribe for free and is on facebook and twitter. 

    I produce “Community Reports” and “Delgaudio Reports” and special topic (transportation, crime, etc) that are mailed or
    hand-delivered with my personal supervision or by me to every household in Sterling five times a year.

    I host or promote community wide events sometimes monthly.

    This is only a partial list of outreach (see first paragraph).

    For 15 years I prominently post my home phone number and my government email address of eugene.delgaudio@loudoun.gov for access to my constituents in every published personal, private and public document, memo, newsletter, hand out or mailing.

    There are some stubborn problems in Sterling that I have tackled only with the full support of the entire community throughout each of my four terms. This demands my full access, and my respect, to all including constituents who do not vote for me.

    For some to claim “lack of constituent service” requires a complete suspension of reality. You are mislead or you are misleading yourself.

    Sincerely,

    Hon. Eugene Delgaudio
    (Republican-Sterling District, terms 1999-2015)

     


    Where is that picture of a crying baby with the seal of the Democratic Party around it when you need it???


    You guys have a funny definition of cleaning someones clock. Delgaudio wins because only about 8% of eligible voters vote in his elections. He is lucky they are not attached to the presidential races.

    That guy is a major embarrassment for the rest of Loudoun, Sterling you need to get your crap together.


    Dear Delgaudio Defenders,

    Please visit your representative’s website and explain why you support him:

    http://www.publicadvocateusa.org/

    I’m not a resident of your community, and I—like many outside of Sterling—are gobsmacked by how you continually elect such a clownish hater into office. Please take a moment and explain to us what is going on in Sterling.

    Thank you,

    Alex


    Just love how the Left is all up in arms over this..
    Time to Move On as they say..

    Can’t wait to hear how they react if LTM me mentions today’s Supreme Court decision.


    The reason this ass keeps winning is that no one but his cronies votes in sterling.

    While I disagree with strafrag’s tone, he’s onto something.

    I’d phrase it a different way to say, “Nearly all of the loudest anti-Delguadio voices (Real Advocate—The Millers and the Weintraubs)live outside of Sterling and their primary beef with the Supervisor is concerns that aren’t Sterling issues.

    The most prominent anti-Delguadio voice inside of Sterling is Al Nevarez, and Delguadio cleaned his clock in the last election.

    Despite what some opponents have posted on this forum, Delguadio is a master of constituent services, and he has a talent for seeming to be everywhere at once. I’ve seen him, unexpectedly, three times in the last two months. I can’t say that about any other elected official.


    PS It is about time someone publicly stated it how it is, “Miller…serves as executive director for the anti-Delgaudio political action committee, Real Advocate….”

    That’s right, the “anti-Delgaudio” PAC.  The sham of an organization parading as a purveyor of social justice.


    And, even after this, the political witch hunt continues, “The Loudoun County Democratic Committee said it’s not surprised at the outcome of the case. As such, members of the committee will be serving petitions to the circuit court “very soon” for the court to consider removing Delgaudio from office.”

    IF IT WASN’T FOR THE LCDC’S HATRED OF DELGAUDIO THEY WOULD BE COMPLETELY WITHOUT PURPOSE.  The LCDC needs their hatred of Delgaudio to fuel their feeble organization.  It is a galvanizing point.  You guys are so inept, that you have to keep this thing going otherwise you might actually have to face the reality of just how bad you are.


    The reason this ass keeps winning is that no one but his cronies votes in sterling.


    Waaah, waaah, waaah!  Only we, the Democrats and “enlightened liberals” determine who is “fit” for office—not the voters!  waah waaah waaah!  Our democrat prosecutor could not get delgaudio out because we cannot find good candidates to beat him.  waaah waaah waaah! unfair!  Maybe Obama can overturn the constitution for us.  waah waah wahh!


    Dear Sterling Residents,

    I am absolutely stunned that you continue to elect the buffoonish, homophobic, bullying, semi-literate, and possibly corrupt Delgaudio to office. Please understand that a large audience around the state is shaking its head over his repeated elections to office. What on earth is going on in your community? Please take the time to read the grand jury report closely. 

    Best wishes,

     


    boohoo. all the same haters come out when the decision doesn’t meet their needs. I guess now delgaudio can get back to his real work of not serving the constituents who have repeatedly voted him into office for well over a decade, aspirations of ranking #1 in the SPLC for running an lgbt hate group, etc. this article reminds me of the woman scorned as it doesn’t mention one positive aspect of the man or his tenure within the BOS, which makes the article very slanted to the left. spark, you need to educate yourself as there is drama within most counties and obviously dc. the left, especially the new norm groups, are using every attempt and source of money to oust their enemies from office.


    Why is it, that LoCo has all of the local government controversies in the area ?  I never hear about wrongdoing from Prince William, Fairfax, Arlington, Faquier, Clarke County government officials.  It’s bad enough we have the Christmas Tree debacle on the courthouse lawn every year.  But I’ve been watching this DelGaudyio guy embarrass our county year after year.  When will the Sterlingites wise-up and vote this guy out ?


    So, Delguadio walks on a technicality….since he’s not a full-time employee most of the laws can’t be used to prosecute his behavior.  If partisans like SkidRow (comment below) think that’s victory…well, take their warped sense of justice for what it is.

    Like we learned with a “gift” from another GOP politician (Governor McDonnell), Virginia has a number of laws that need to be “tightened up”


    Re: constituent services, if you’re on the “Friends” list or have been designated a “team player,” you get fantastic constituent services. If you’re on the “Enemies” list (and these are actual lists, compiled by a former Delgaudio aide), you get ignored at best, or your personal information and communications are shared with Delgaudio’s political buddies as an “enemy.” This is all documented, and the Grand Jury would have seen the evidence of it. It’s disgusting behavior, it just doesn’t happen to be illegal.


    Chris N. said Supervisor Delgaudio should “just focus on what you do best, serving your constituents and making Sterling a better place to live.” Which would be a fine suggestion, if there were any truth to it.

    In the report released by the Grand Jury, they made a special note to address Eugene Delgaudio’s disregard for his constituents:

    “Witness testimony indicated Delgaudio specifically instructed his aides not to answer the
    phones or address constituent concerns and instead focus on other priorities, to include calling
    and creating mailings derived from working with the Igor list [fundraising list]. The Supervisor in at least one
    instance reprimanded one of his aides for trying to resolve a constituent issue instead of
    concentrating on the Igor list. On multiple occasions, the lack of attention to constituent
    concerns resulted in the Chairman of the Board as well as another supervisor to take action to
    address these constituent concerns, even though the constituents did not live in their district.
    Several additional witnesses provided similar testimony, stating that there is general knowledge
    among the supervisors’ aides of the unresponsiveness from the Sterling office.”


    Another Democrat witch hunt falls flat. Delgaudio cannot be defeated at the ballot box or in court.  Huzzah !!!


    They didn’t consider indictments because the law applies only to full-time employees, and it is difficult to make an argument that a Supervisor is full-time. The jury did recommend a change to the law. Dis. Delgaudio got off because of a technicality.


    Bitter and hateful is Delgaudio’s bread and butter, not sure where you have been Chris N.


    Wow, the cliche’ “A district attorney (or in this case a Commonweath Attorney) could convince a grand jury to indict a ham sandwich if he/she wanted to,” isn’t far from the truth.

    The fact that these allegations didn’t even make it past the grand jury level is a HUGE victory for Eugene Delguadio. Hopefully he will learn from this and separate his politics from his public service a little more carefully. (And the other Supervisors should take this as a wake-up call too, as I never thought that Delguadio was operating in a vacuum.)

    So my message to Delguadio is to resist the temptation to be bitter and just focus on what you do best, serving your constituents and making Sterling a better place to live.

    And my message to “Real Advocate” and their ilk is to let Supervisor Delgaudio do his job. If you don’t like him because of his day job, stand for traditional marriage or whatever, you have the right to challenge him at the ballot box. But an overwhelming number of folks supported him in the last election over his nearest rival, and they deserve to have a Supervisor who is undistracted by what’s now been determined to be meritless charges.

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