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    UPDATE: Delgaudio v. Loudoun Board of Supervisors; supervisor files legal complaint

    Update: July 17, 9:48 a.m.

    Loudoun County Circuit Court Judge Thomas Horne this morning denied an injunction request from Supervisor Eugene Delgaudio (R-Sterling), meaning the Board of Supervisors is likely to proceed tonight with plans to discipline the embattled Delgaudio, according to Delgaudio's attorney, Charlie King.

    Horne ruled the board holds authority to impose sanctions on one of its members.

    According to numerous supervisors, possible punishment for Delgaudio includes defunding his office budget.


    Originial story: July 15

    Loudoun County Supervisor Eugene Delgaudio (R-Sterling) today initiated legal action against the governing body on which he serves by filing a complaint in the Loudoun County Circuit Court.

    The complaint, which lists Delgaudio as the plaintiff and the Loudoun Board of Supervisors as the defendant, requests the local court issue a declaratory judgment and impose an injunction against the Board of Supervisors.

    The requests were prompted by recent comments from supervisors indicating Delgaudio is likely to be disciplined at the board's July 17 business meeting; this as a result of the final report from a special grand jury investigating the embattled supervisor from Sterling, according to Delgaudio's attorney, Charlie King.

    King claims Delgaudio has not had an opportunity to defend himself against the grand jury's report, which states Delgaudio, among other actions, took a $5,000 cash contribution not included in campaign finance reports, directed legislative aides not to respond to constituents' requests and used county staff to set up political fundraising appointments.

    An injunction from the circuit court would mean the Board of Supervisors delay or refrain from disciplinary action against Delgaudio.

    According to the request for declaratory relief, “Although the board need not operate similar to a court, some modicum of due process must be accorded to [Delgaudio] before action is taken against him.”

    Moreover, Delgaudio and King are requesting “the applicable minimum requirements of due process include, but are not limited to: (1) written formal charges; (2) adequate advance notice of a hearing; (3) the right to cross-examine witnesses; (4) the opportunity to defend himself; (5) access to compulsory process for witnesses and documents; and (6) a transcript of the proceedings conducted by the board,” according to the complaint.

    King argues Delgaudio's “basis for relief comes only and directly from the due process clause of the U.S. Constitution.”

    “Is it a violation of due process for the Loudoun County Board of Supervisors to secretly decide what sanctions should be imposed on the [Delgaudio] without giving him any notice of their intended actions or the opportunity to defend himself?”

    Additionally, King said Delgaudio is worried any sanctions imposed on him, such as eliminating his office budget, could be used against him in a petition effort to remove him from office.

    The special grand jury's report, released in late June, doesn't pinpoint any criminal activity by Delgaudio, but it 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.

    A key point of 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 … "

    Delgaudio has consistently denied any wrongdoing. During a press conference after the jury's report was made public, the supervisor would not answer questions from the media.


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


    Comments

    LL - Supervisor Delgaudio was given unlimited time last night on multiple occasions to say literally whatever he wanted.  He could have said whatever he wanted in his defense, or read prepared documents into the record, or conferred with his lawyer (as he did multiple times during the evening) on what to say or literally repeated his lawyer’s exact words.  He could have spoken as long as his voice would hold.  Through the entire Committee of the Whole section, it was clear that the other Supervisors specifically wanted him to explain himself, justify himself, or offer some form of defense - nobody tried to shut him up, and it was only once it was clear that the discussion was going nowhere and everyone had grandstanded and telegraphed their vote was there a motion to end the CoW.  There was ample opportunity in the CoW for Delgaudio to speak, he was given rebuttal time at the last public input session (which he used to blast his critics instead of make his case), and he could have pretty easily emailed the other BoS members or asked that his “refutation” be added to the packet of reading material.

    Not to mention that his written rebuttal prepared by his attorney is pretty weaksauce.  I read it on his website, and it’s basically a denial.  His strongest counter-claim is that if the alleged activities had occurred, how could the other BoS members not have had an inkling, but it’s fairly clear from the other BoS members last night that (a) they had had an inkling and (b) they told the Grand Jury as much.  There’s no SMOKING GUN that a Grand Jury would have missed or powerful explanation that sheds new light on things.


    LoL vendetta against Delguadio, oh please no one made Delguadio misuse government workers for his personal gain.


    Scott York is many things…what did the Larouchies used to call him?..the something-something paper hanger (the reference dates from a time when his real job was designing closets…no, not the kind Eugene might someday come out of—the sort where you store your clothes).  Anyway, York has issues, to be sure, but you can not blame the disaster of Eugene Delguadio on him. It rests solely, squarely and permanently on the voters of Sterling…well, the non-voters really…the one’s too busy to get informed and show up on off-year or down ballot election days when you stop nonsense like Supervisor-For-Life acts from incompetents like E. Delgaudio.


    It’s not Delguadio who is the embarrassment.  It’s Scott York with his crazy vendetta against Eugene.  He needs to let it go. 
    When did Eugene have a chance to defend himself? King York won’t let him even speak at meetings! 
    Doesn’t our board have something more important to do that carry out York’s little vendetta against Eugene.  Without Eugene, York wouldn’t even be chair.  He would never have been re-elected!


    Ah, we still have York.


    Without Eugene Delgaudio, the Board of Supervisors would be so boring. Singlehandedly, he has done a great public service by encouraging the citizenry to pay attention to the Loudoun County Board of Supervisors.


    “Is it a violation of due process for the Loudoun County Board of Supervisors to secretly decide what sanctions should be imposed on the [Delgaudio] without giving him any notice of their intended actions or the opportunity to defend himself?”

    From what I understand, the 5th\14th amendments only guarantees due process when the government attempts to take “life, liberty, or property”. None of these are being taken from him. They’re not proposing to send him to jail, and any funding for his office from the county is public property, not private property.

    On a side note, I thought my “distinguished” supervisor was all about reducing the costs of government? Not only does this lawsuit appear to be specious, but it’s only going to drive our taxes higher. Voting against expanding the government was his only redeeming quality. It appears he’s lost that.


    Alternate headline:

    Delgaudio fires warning shot across bow to other supers.  Don’t ask or I’ll tell!


    Delgaudio got off on a technicality; the supervisors were right in their actions. What a joke this guy is.


    Delgaudio is an embarrassment to Loudoun. He should do what’s best for Loudoun by resigning.

    Loudoun has an all Republican board. Delgaudio can’t even blame partisan politics for his mess. What good is he doing our county by wasting our court’s time and taxpayer dollars just to save his reputation? Any Loudoun resident could do Delgaudio’s job.

    Loudoun doesn’t need Delgaudio and Delgaudio’s most useful action on our Board of Supervisors would be to resign and allow a more competent and ethical person to take his position.


    Hey, if Wilt Chamberlain could meet 3 new women a day, Eugene can knock on 300 doors a day!


    How about just resigning. Why do these corrupt politicians feel they’re above the law?????


    I really don’t get what on Earth Delgaudio is thinking here.  If the Board addresses the Delgaudio issue on Wednesday, it could be wrapped up with a minor temporary punishment and basically swept under the rug some 27 months before his election.  By contrast, a lengthy and public trial (or similar process meeting these criteria) drags it out and adds more fuel to the fire (and gives his opponents even more ammunition).  This only makes sense if he expects the process to scare the Supervisors out of punishing him or if he somehow thinks that he has some magical punishment-averting rebuttal that he’s simply not released yet.

    I also find puzzling this notion that he hasn’t had a chance to defend himself.  He’s held press conferences and spoken from the dais at Supervisors’ meetings, and he hasn’t taken questions and spent much of the time rambling about irrelevant stuff (absurd claims of knocking on 300 doors a day to hand out his newsletter, for instance) or attacking his critics.  He’s had opportunities to defend himself, tell his side of the story, and rebut the accusations of the grand jury, there just isn’t a defense beyond calling the report a pack of lies and claiming this is a politically-motivated hit-job.

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