Steve Marshall, the Blue Ridge District representative on the Patrick County Board of Supervisors, sent two emails to fellow board members alleging potential legal violations and addressing personnel matters. The emails, sent on January 13 and January 16, were marked “confidential,” according to documents obtained by this newspaper.
In the group emails, Marshall instructed recipients, “Do not share with employees, press or members of the public. I Cc’d this to the board clerk for record keeping purposes only.”
The county attorney also was listed as a recipient of the emails.
In the January 13 email, Marshall wrote:
“Gentlemen, As you know I am an outspoken proponent of employee rights and have noted on several occasions that I object to the treatment of some employees. My concern is that there have been attempts, at times successful, at constructive termination,” Marshall wrote.
Constructive termination is a modified claim of wrongful termination.
“It is my belief that supervisors have actively engaged the assistance of members of the public and colluded with them to this end,” he wrote, adding, “While researching what action I should or am required to take regarding this issue I came across the following VA law.”
He cited statute 8.01-379.2:1, which addresses the duty to preserve evidence in anticipation of litigation. Marshall emphasized the potential legal risks of the board’s alleged actions:
“I believe it is reasonable to conclude that given the leadership behavior noted above that litigation by any employee impacted would be reasonably foreseeable,” Marshall wrote. “I have already begun collecting evidence myself and I do believe that my prior protestations and this email would bind each of you to do the same and treat any existing evidence as just that.
“It should also be of interest to each of us that in Virginia a County Supervisor can be sued individually in some cases such as creating a hostile work environment or discriminating against an employee,” Marshall wrote, and then explained, “This means that not only does the county face exposure but each one of us does as well. Any present or past supervisor could loose (sic) their own personal assets under the right circumstances.”
On January 16, Marshall wrote, “There has been some chatter about how we as supervisors can do and say what we please with impunity under the claim of sovereign immunity,” (a legal doctrine that the government cannot be sued without its consent). “I hope the following will clear that misconception up a bit. Please pay close attention to the following line of the code,” he wrote. “However, the immunity provided by this section does not apply to conduct constituting intentional or willful misconduct or gross negligence.”
Marshall cited the statute 15.2-1405, which states:
“The members of the governing bodies of any locality or political subdivision and the members of boards, commissions, agencies and authorities thereof and other governing bodies of any local governmental entity, whether compensated or not, shall be immune from suit arising from the exercise or failure to exercise their discretionary or governmental authority as members of the governing body, board, commission, agency or authority which does not involve the unauthorized appropriation or misappropriation of funds. However, the immunity granted by this section shall not apply to conduct constituting intentional or willful misconduct or gross negligence.”
Marshall alleged that actions taken at the January 13 Board of Supervisors meeting were part of a deliberate effort to undermine the county administrative staff.
“My belief is that attempts to sabotage our administrative staffs jobs were presented at the 1.13.25 BOS meeting represented intentional steps taken with the ultimate goal of bringing about the resignation of our” county administrative staff, he wrote.
Marshall alleged two supervisors aligned with “loosely but demonstrably organized groups” in achieving that goal. “I believe that these actions represent intentional and willful misconduct at minimum,” Marshall concluded.
The supervisors were not identified in the email.
He signed both emails as “Patrick County Board of Supervisors Blue Ridge District. Representing all of Patrick County.”
