Re-post from former Warrenton Town Attorney and Special Council in response to Fauquier Times article

WOW…inside baseball right here…

from Whit Robinson

Mr. Hewitt further fails to mention that Mr. Semple directed (without even discussing it with me or any Commission member) the Chief of Police to write a memo regarding access to the entire database which included an analogy to the indictment of a former police officer who became a Council Member on the Purceville Town Council. That person accessed a VCIN database which is one dedicated to and operated by the Virginia State Police. This is not even close to what we were trying to do. It was an overt threat by the Chief of Police at the direction of Mr. Semple and staff to back off or we would be indicted. This is precisely what was done. We did not move any further for fear of retribution and criminal indictment. The Mayor and former Town Manager had previously referred Mr. Semple for a criminal indictment to law enforcement several years previously for accessing the Town’s database. This was not an idle or vague threat. The issue was that if I had access as Special Counsel to the entire database I might see sensitive law enforcement information. I asked in June of 2025 for the Town to fix the problem that they have known about for several years. To this day there has been no attempt to resolve that issue.

Now let’s take a look at Tate Hewitt’s role in all of this. He never once mentioned any of Mayor Nevill’s attempts to stop the Commission from the start such as his emails to VML defaming myself and others on the Commission. Tate Hewitt never once wrote anything about the Mayor hiring Mathew Roberts of the Hirschler Law firm to represent him in his personal and elected capacity. Meaning Tate Hewitt and the leadership of the Fauquier Times knew about this major conflict of interest and did not report it. The Hirschler Law firm represents AWS in land use applications in Virginia including one in Orange County where several lawsuits are pending. It is my understanding that Mr. Roberts himself is involved in at least one application. Mr. Roberts is also now another lawyer that is involved as a Town lawyer because of the Mayor. Mr. Hewitt fails to discuss that matter even in this article.

So, the Town Council has no right to access its own database. Unless the Town Recorder (Clerk) is involved. I asked what the difference was between the Town’s FOIA Officer, who is the Clerk, and an attorney hired by Council to review the Town’s system regarding three applications. I still do not have an answer. After numerous times requesting this difference from Mr. Petersen, I was told he didn’t work for me and therefore no citations of law were forthcoming. I could take the CJIS course and have that certification. At that point there would be no difference between the Clerk and myself having full access. The last remaining issue that was used to prevent my access was a lack of a non disclosure agreement between myself and the state police run Fusion Centers. These are threat assessment departments with the VSP. They have their own public websites. One in Richmond and one in Fairfax. There are three people in the Town of Warrenton who have signed NDAs with the Fusion Centers. The Town’s Recorder/Clerk/FOIA Officer is not one of them. According to a Sergeant at the Richmond Fusion Center neither myself nor the Clerk are in law enforcement and therefore are not permitted to sign them. I asked Mr. Petersen again how the Town’s FOIA Officer has access to the entire database without one. He never responded. I was told by Mr. Semple that the Clerk was the custodian of all records and therefore allowed.

I looked it up myself. The Chief of Police and the Sheriff are tasked with being the custodian of sensitive law enforcement information, not the Town Clerk. I did not find any authority in the state or town code that gave the Clerk the ability to be the custodian of all records including sensitive law enforcement information. Virginia is a Dillon Rule state and without specific authority from the state it is not authorized. I again asked how this is being accomplished and I did not get any code citation. Just attempts at more obfuscation by Mr. Semple and Mr. Cassidy. For all of Mr. Cassidy’s bluster about being ethical and not breaking the law, he and others with the Town continue place the Clerk at risk, according to their own view, of seeing Fusion Center information without a signed NDA. Mr. Hewitt fails to write that in his articles.

He also fails to write about those people who spoke up about how Mr. Cassidy lied to them or bullied people. Absolutely no follow up or attempts by Mr. Hewitt to provide the community with answers he easily could find out for himself. He failed to look into the issue of the Town requiring a PIC for the contractor doing the remodeling of the Taylor Middle School. When the School Board asked for the authority to require it (much like my asking for specific authorities), they were ignored. Mr. Petersen went around the School Board and demanded Branch sign the contract in spite of the School Board instructing Branch not to do so. It was stated that Branch didn’t provide a bond by Mr. Cassidy and Mr. Petersen. Branch did in fact have a bond which would have covered any problems later in the project. Mr. Hewitt did not inquire with a number of businesses on Main Street about Mr. Cassidy’s behavior including a dumpster behind Denim and Pearl. Mr. Cassidy refused to handle that appropriately. Miraculously two weeks after he was removed the issue was resolved. Mr. Hewitt is one of the prime reasons why his dismissal has remained unanswered. He fails to do his job and then reports about it. Or is it that he is merely a spokesperson for Mayor Nevill. These are all facts easily discoverable. Further, I have complained incessantly about Mr. Hewitt’s inability to write a fair or ethical article. It falls on deaf ears every time. He wrote an article which stated that I would essentially reveal all communications I would find in my review of the three projects when in fact he knew precisely what the protocols would be prior to anything being released. He has the protocols and was in each of the Commission meetings.

He did not report the truth. Here he mentions yet again campaign contributions. These were asked for by the candidates themselves. These contributions were not thrust upon them. They were reported as campaign contributions. Not all of the funds were apparently spent except for what was used for campaign signs and other minor materials. All properly reported and nothing asked for in return. The Mayor and Mr. Hewitt have made this a major issue. Perhaps for a distraction from the purpose of the Commission which as stated earlier the Mayor actively attempted to shut down. He attempted to have our state Delegate shut it down as well. With all of the screaming and shouting by them regarding campaign funds, neither Mr. Hewitt nor anyone else that supports data centers have once inquired about who funded the recall signs in Town. Not once. Mr. Hewitt did not make one single reference to who paid for these signs nor placed them illegally in the Town’s right-of-way. He has yet to inquire as to why these signs were left illegally in the Town’s right-of-way for an entire month. He continues to only provide cover for the Mayor and the previous Council at every turn. He is encouraged to continue his (what I believe to be) unethical reporting by his superiors and even one Foundation Board Member because it provides internet traffic which helps their revenue. He and the Times are failing this community and should be ashamed of their activities. It is my understanding that they are upset that I post about these failures. They are the epitome of hypocrisy. They believe they can target and criticize people such as me, but when I respond by pointing out their failures they get upset and target me more. Newspapers are becoming as outdated as Boolean searches.

Lastly, the Mayor is fond of saying I have a vendetta against him. I do not. It is not a secret that I do not want to see Warrenton or Fauquier County end up like Loudoun, Prince William or Fairfax with massive data centers near residences. I have made that clear and the reasons why. I was quiet for a time until it was unclear as to how a candidate might vote on AWS if it came back to the Council. Then I remained quiet again while trying to serve as Special Counsel in spite of Mayor Nevill’s attempts to get rid of me. He remains the focal point for much of these issues because he puts himself there. If you are trying to prevent someone from doing their job, then you have put yourself at the center of those activities. You have done it to yourself. Don’t blame me. I did not support the Amazon site in Town. I did not vote for it in spite of hundreds of people showing up to a public hearing to ask the Council not to approve it. I did none of those things. Yet somehow the Mayor whispers in people’s ears that I have a vendetta. It’s middle school manipulation. You point the finger at a person to distract from your own activities. I’m not the one who has divided this community. Mayor Nevill and his accomplice Mr. Hewitt have. Now I will go back to my regular job. Good luck Warrenton.