The petition, filed in Loudoun County District Court by the Real Advocate Political Action Committee, asks that the court direct Loudoun County to produce documents given to Board of Supervisors Chairman Scott K. York (R-At Large) by a former aide to Delgaudio.
The aide, Donna Mateer, alleged in a Washington Post report that she spent the majority of her working hours earlier this year making phone calls to schedule fundraising meetings for Delgaudio. Three people who agreed to meet with Delgaudio told The Post that the supervisor sought contributions to his political campaign.
Delgaudio has repeatedly denied the accusations. Loudoun policy prohibits political activity on county time or using county resources.
Mateer, who filed a statement with the county Human Resources Department in March, said she provided numerous documents – including fundraising spreadsheets and e-mail records – to York after she was fired from her position in Delgaudio’s office.
“Scott York had these items for months and did nothing with them,” said Elizabeth Miller, communications director of the Real Advocate PAC, in a prepared statement.
The county Board of Supervisors voted unanimously Oct. 3 to pursue an independent investigation of Delgaudio. The supervisors directed County Attorney John R. “Jack” Roberts to retain an outside firm to conduct the investigation, at a cost not to exceed $15,000.
According to a county spokesperson, Roberts is in the process of selecting a firm to conduct the investigation.
Elizabeth Miller is represented by her husband, attorney and former Loudoun supervisor Stevens Miller, who questioned the county’s claim that the requested material could not be provided because it is under “active investigation,” according to the PAC’s statement.
“That’s an obvious attempt at a cover-up by an all-Republican board,” he said. “Real investigations name a subject, specify charges and set forth deadlines. This board didn’t do any of that. It’s a sham.”
York declined to comment on the petition. He previously told the Loudoun Times-Mirror that the county was “proceeding forward and if [Delgaudio] is guilty I’ll be the harshest one to come down on him.”
Prior to the board’s Oct. 3 vote, York noted that a copy of Mateer’s complaint was given to Loudoun County Commonwealth’s Attorney James E. Plowman (R) for review several months ago. Plowman in turn referred the matter to the commonwealth’s attorney’s office in Arlington County. The Arlington County commonwealth’s attorney, Theo Stamos (D), did not recommend pursuing charges, York said.
In an interview, Stamos said she was sent a copy of Mateer’s statement but did not receive any of the records or documents to which the statement referred.
“The question was, based on that letter, whether there was a basis upon which a prosecution might go forward,” Stamos said. “My assessment, from the statement alone, was that it would be extremely difficult to mount any type of a successful prosecution, as it was based on the observations of a now-terminated employee.”
According to Virginia law, Loudoun has seven days to appear in court and demonstrate why the material requested by Real Advocate should not be produced. A hearing is set for 8:30 a.m. Oct. 24, according to the PAC’s statement.