As was reported in August , former Cape Charles Director of Public Works Dave Fauber is suing the Town for wrongful termination and violation of the Freedom of Information Act for $500k.
Northampton County Circuit Court has issued a wet noodle order regarding the FOIA violations, but the wrongful termination suit is still under review.
Judge Lewis has ordered the town pay $14,000 for Fauber’s legal fees.
No matter the outcome, the court case has once again exposed the sleazy underbelly of Cape Charles and paints a very different picture of a town that works so hard to create a dubious narrative of itself in order suck at the teat of outsider tourist dollars.
Should Mayor Dize resign?
Never mind the legal ramifications, but who acts like this? Who treats people this way? Who treats employees like this?
Mr. Fauber has been in that role for close to 20 years. If you have an issue, discuss it. Tell them you are going in a different strategic direction or (insert BS line here). Instead, he was fired without notice, and was given no reason for the change.
According to Fauber’s legal team, not only was the process flawed but it was also illegal. Apparently, the town has no record of any closed session in which Fauber’s termination was discussed. Oddly, there is a “proposed” org chart that did not include Fauber. Kind of like, “Hey dude, we’re putting the band back together, only you’re not in it.”
So, did this all happen behind closed doors? We have seen this in Cape Charles before, so this is hardly surprising.
The big problem for Dize and Cape Charles is that failing to keep accurate minutes of discussions that involve town business, as well as holding secret, unauthorized closed meetings is a serious violation of the Code of Virginia.
As a citizen, it appears Fauber was certainly denied due process.
Whether or not Fauber is awarded $500,000 for wrongful termination does not change the facts. Mayor Dize and Town Council willfully violated the Code of Virginia and violated Dave Fauber’s right to due process.
Putting the town in the position of possibly losing half a million dollars, not to mention citizens’ tax dollars to defend the crimes seems to put the effectiveness of this group in question.
In the private sector, anyone that would have violated the code of ethics and put a firm in this position would be terminated forthwith.
For elected officials, if they don’t resign, termination is left up to the courts:
Code of Virginia: § 24.2-233. Removal of elected and certain appointed officers by courts.