By Taylor Boyd
A special prosecutor is expected to be appointed this week to review allegations that former Patrick County Administrator Beth Simms violated state law.
Patrick County Commonwealth’s Attorney Dayna Bobbitt said Floyd County Commonwealth’s Attorney Eric Branscom has agreed to handle the matter once officially appointed by a circuit court judge.
“He just needs to be officially appointed by a circuit court judge,” Bobbitt said. She expects that to happen sometime this week.
During the Feb. 9 meeting of the Patrick County Board of Supervisors, Steve Ferring again questioned continued payments to Simms, who resigned in November.
The board has not publicly stated a reason for her departure.
Personnel issues are exempt from the Freedom of Information Act (FOIA).
Ferring, however, accused the board of approving spending in a closed session meeting and urged an investigation. He said residents deserve transparency and fiscal responsibility.
Under the terms of her employment contract, Ferring said three months’ salary and benefits would be payable as a lump sum to Simms in the event the contract was terminated. He said the board did not vote in open session to continue Simms’ monthly pay and benefits.
“You evidently took that vote in closed session, which is illegal under FOIA. We can only infer that you must have done this to keep confidential the reason and amount you have agreed to pay to implement the administrator’s departure,” he said.
Chairman Andrew Overby reminded Ferring that the public comment portion of the meeting is not a question-and-answer period. He also directed Administrative Assistant/Clerk to the Board Amy Walker to respond to Ferring’s verbal FOIA request.
The emailed response on Tuesday, Feb. 10, stated, “In response to your Freedom of Information Act request, I am attaching Virginia Code Section 3705.1(1), which states that contracts to settle disputes can be withheld. My position is that we are not obligated to provide any information.”
The email included a copy of the code section cited.
