The Virginian-Pilot
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NORFOLK
City Councilman Andrew Protogyrou on Tuesday questioned City Attorney Bernard A. Pishko about why he didn't push harder for a criminal prosecution in the scandal involving a 12-year "no-show" worker that became public in 2010.
Protogyrou said he'd like for the city to go back to Commonwealth's Attorney Greg Underwood and discuss the possibility of criminal charges. He made his comments during a briefing that the council requested on the matter.
Protogyrou was the only council member who asked questions, although Mayor Paul Fraim briefly joined the discussion and called the situation "beyond outrageous."
Underwood announced in July that he would not seek criminal charges in the case involving Jill McGlone, an administrative worker at the Community Services Board who was on paid suspension for 12 years without explanation. He said a thorough police investigation had not turned up evidence to support criminal charges.
Protogyrou, who is a criminal defense attorney, said the city "should put it on a silver platter for the commonwealth's attorney or the U.S. attorney to be able to prosecute this case."
He asked Pishko what discussions his office had had with Underwood about seeking an indictment. "You have to promote your case," Protogyrou said.
"We did not lobby for an indictment," Pishko said, adding that he was disappointed that no criminal charges were filed.
No information was revealed Tuesday that had not already been publicly disclosed. Protogyrou was heated during the questioning, but Pishko remained calm. Toward the end of the discussion, Protogyrou said he had talked to Pishko before the meeting.
"I did have some prep for him - I did not catch him off-guard, per se," Protogyrou said. To Pishko, he added: "Some of the questions you were not prepared for. You answered them to my satisfaction, and I appreciate it."
Five CSB employees were fired in 2010 after the situation came to light. Four of them later filed defamation lawsuits against then-CSB director Maureen Womack, saying they were not responsible for McGlone's having been kept on suspension. Pishko's office then filed a fraud suit against McGlone and four former employees.
Pishko has said Daniel Hagemeister, a deputy city attorney, recommended to the CSB's director of administration that McGlone be fired. She had been accused of disclosing confidential medical information about a CSB client, according to a lawsuit.
During another part of the meeting, City Manager Marcus Jones recommended that the CSB become a city department. Currently, it gets some city funding and the council appoints its governing board, which makes policy.
A work group will be formed to discuss the transition, and the council could vote on that issue in February.
Patrick Wilson, 757-222-3893, patrick.wilson@pilotonline.com
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City manager
So where was the brilliant city manager when all of this was going on. There are so many checks and balances in the city no one noticed? Oh come on. what BS. Let clean house and start with the city manager. Maybe he can go work for Billie Harrell at HRT! Now that would be a pair!
She was probably in
She was probably in Baltimore. Norfolk has a new City Manager now.
She applied for unemployment benefits
after the checks stopped coming, and they denied her.
Her response to the denial was that it hurt her families wellbeing.
Andy
Andy, we get it - you're the new guy, you're responsive to the people, you're not going along to get along - great, more power to you. But play fair.
Pure Protogyrou Posturing
Andy is a criminal defense attorney, so he knows full well that the Commonwealth Attorney has full, 100% discretion to prosecute or not to prosecute. Even if the City Attorney's investigation revealed the full reasons for the McGlone affair, the statements that the knowledgeable people made during the course of that investigation could not be used against them in a criminal prosecution (due to their 5th amendment rights). From the press coverage of this affair, it's clear who knows the real reason and that person isn't talking, and nobody - not the City Attorney, not the City Council, not the police, FBI, or Commonwealth's Attorney - can make her talk if she chooses not to.
I agree
Andy's grand standing is really getting old. Move on. If the FBI found no criminal conduct, it is a dead issue.
I know grandstanding when I see it and this ain’t it.
Grandstanding is when Paul Riddick accuses the police of murder or accuses his critics of racism for not letting him get away with breaking the law. I’ve seen this many times over the years and its nothing but Grade A grandstanding. What Andy Protogyrou is doing is his duty, something that has been sadly lacking on Norfolk City Council in the past, and I’d like to see a lot more of it. Every public employee should live in constant fear that they are going to be publicly called on the carpet, by the people who pay their salary, to explain why they did what they did. Our government, and our lives, would be much better off if this were the case.
City scandal
Having the city attorney investigate the case initially “tainted” the whole criminal investigation. Pishko’s main function is issuing legal opinions that state Fraim can do whatever he wants. Until this case is properly investigated by a state or federal agency the taxpayers will never know the truth. While the time that has elapsed and the fact many involved parties have relocated would make prosecution difficult, it would seem the majority of city leaders are happy to sweep this embarrassment under the rug.