From: Sara Carter

To: Vicki Hunt

Subject: FOIA NTuryn 8
Date: Thursday, August 22, 2019 1:14:23 PM
Attachments: Re RE .msg
Re RE .msg
Re RE .msg
Re CONFIDENTIAL LEGAL MATTER.msg
Untitled.msg
Re Revised TC Agenda 7.10.19.msg
Re Revised TC Agenda 7.10.19.msg
Re CONFIDENTIAL LEGAL MATTER.msg
Re Seeking an advisory opinion.msg
Re Revised TC Agenda 7.10.19.msg
Re CONFIDENTIAL LEGAL MATTER.msg
Re CONFIDENTIAL LEGAL MATTER.msg
Re question.msg
Re Revised TC Agenda 7.10.19.msg
Re TC Meeting July 10 2019 .msg
Re TC Meeting July 10 2019 .msg
Re RE .msg
Re Town Council June 12 2019 Minutes for Consideration.msg
Fw Meeting regarding VDOT.msg
Re question.msg
Untitled.msg
Re Town Council June 12 2019 Minutes for Consideration.msg
Re community relations committee.msg
Re Town Council June 12 2019 Minutes for Consideration.msg
Re RE .msg
Re RE .msg
Re RE .msg
Re RE .msg
Untitled.msg
Untitled.msg
Re RE .msg
Re RE .msg
Re Weekly report.msg
Untitled.msg

Emails sent by Ms. Wheaton July 5-10.

From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Wednesday, July 10, 2019 2:02:21 PM

me again.

just found your answer.

I'll review.

I apologize.

Thanks.

jaw

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 2:00 PM
To: Sara Carter
Subject: Re: RE:
 
I'm sorry....
I meant to ask for you to explain the 3 numbers....codes....

which one goes with which 'explanation' or description.

there are 4 numbers with only 3 descriptions.

Thank you for your time.

JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 1:56 PM
To: Sara Carter
Subject: Re: RE:
 
Yes, but per tonight's agenda, there are 4 numbers, or codes, listed with only 
3 'explanations' (for lack of better words).

Please explain which code goes with which number, or code.

What is the 4th one?

Thanks.
JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 1:30 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
These are the code sections from the Freedom of Information Act which authorizes closed sessions.
 
§ 2.2-3711. Closed meetings authorized for certain limited purposes.
A. Public bodies may hold closed meetings only for the following purposes:

1. Discussion, consideration, or interviews of prospective candidates for employment; assignment,

appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees of any public body; and evaluation of performance of
departments or schools of public institutions of higher education where such evaluation will
necessarily involve discussion of the performance of specific individuals. Any teacher shall be
permitted to be present during a closed meeting in which there is a discussion or consideration of a
disciplinary matter that involves the teacher and some student and the student involved in the
matter is present, provided the teacher makes a written request to be present to the presiding
officer of the appropriate board. Nothing in this subdivision, however, shall be construed to
authorize a closed meeting by a local governing body or an elected school board to discuss
compensation matters that affect the membership of such body or board collectively.

2. Discussion or consideration of admission or disciplinary matters or any other matters that would
involve the disclosure of information contained in a scholastic record concerning any student of any
public institution of higher education in the Commonwealth or any state school system. However,
any such student, legal counsel and, if the student is a minor, the student's parents or legal
guardians shall be permitted to be present during the taking of testimony or presentation of
evidence at a closed meeting, if such student, parents, or guardians so request in writing and such
request is submitted to the presiding officer of the appropriate board.

3. Discussion or consideration of the acquisition of real property for a public purpose, or of the
disposition of publicly held real property, where discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the public body.

4. The protection of the privacy of individuals in personal matters not related to public business.

5. Discussion concerning a prospective business or industry or the expansion of an existing business

or industry where no previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the community.

6. Discussion or consideration of the investment of public funds where competition or bargaining is

involved, where, if made public initially, the financial interest of the governmental unit would be
adversely affected.

7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual
or probable litigation, where such consultation or briefing in open meeting would adversely affect
the negotiating or litigating posture of the public body. For the purposes of this subdivision,
"probable litigation" means litigation that has been specifically threatened or on which the public
body or its legal counsel has a reasonable basis to believe will be commenced by or against a known
party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely
because an attorney representing the public body is in attendance or is consulted on a matter.

-----------------------------------------------
 
A.1 is the applicable section for anything involving personnel issues.
 
A.3 and A.5 have to do with the proposed economic development proposal.
 
A.7 has to do with a potential legal case involving the Town.
 
Does this help?
 
From a FOIA Council advisory opinion- and this is in relation to your other question-
 
The motion to enter into closed session read that the council would convene in closed
session "pursuant to Virginia Code section 2.2-3711(A) to discuss: personnel matters,
as per subsection 1; the acquisition or sale of real property for a public purpose, as
per subsection 3; and legal matters requiring the advice of legal counsel, as per
subsection 7." In order to enter into closed session, subsection A of § 2.2-3712
requires that a motion (i) identifies the subject matter, (ii) states the purpose of the
meeting and (iii) makes specific reference to the applicable exemption from open
meeting requirements provided in § 2.2-3707 or subsection A of § 2.2-3711. The
Freedom of Information Advisory Council has previously opined that a motion that
lacks any of these three elements would be insufficient under the law.1 Thus, in
addition to a statutory citation and tracking the general language of the exemption,
the motion must also identify the subject matter. The subject need not be so specific
as to defeat the reason for going into closed session, but should at least provide the
public with general information as to why the closed session will be held. For
example, a public body might state that the subject of a closed session would be to
discuss disciplinary action against an employee of the public body. This statement
goes a step beyond just stating that the purpose of the meeting is to consider a
personnel matter, but does not go so far as to disclose the identity of the individual
being discussed and defeat the reason for the closed session. 
 
Sara
 
 
From: Janice Wheaton
Sent: Wednesday, July 10, 2019 1:15 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
In the Revised Agenda for tonight, 7/10/19
 
2.2-3711.A.1
2.2-3711A.3
2.2-3711A.5
2.2-3711A.7
 
Lease of Town property
Legal counsel briefing to probable litigation
Personnel for disciplining of specific public officers
 
Please explain which codes go to which purpose.
 
Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Wednesday, July 10, 2019 2:00:51 PM

I'm sorry....
I meant to ask for you to explain the 3 numbers....codes....

which one goes with which 'explanation' or description.

there are 4 numbers with only 3 descriptions.

Thank you for your time.

JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 1:56 PM
To: Sara Carter
Subject: Re: RE:
 
Yes, but per tonight's agenda, there are 4 numbers, or codes, listed with only 
3 'explanations' (for lack of better words).

Please explain which code goes with which number, or code.

What is the 4th one?

Thanks.
JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 1:30 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
These are the code sections from the Freedom of Information Act which authorizes closed sessions.
 
§ 2.2-3711. Closed meetings authorized for certain limited purposes.
A. Public bodies may hold closed meetings only for the following purposes:

1. Discussion, consideration, or interviews of prospective candidates for employment; assignment,

appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees of any public body; and evaluation of performance of
departments or schools of public institutions of higher education where such evaluation will
necessarily involve discussion of the performance of specific individuals. Any teacher shall be
permitted to be present during a closed meeting in which there is a discussion or consideration of a
disciplinary matter that involves the teacher and some student and the student involved in the
matter is present, provided the teacher makes a written request to be present to the presiding
officer of the appropriate board. Nothing in this subdivision, however, shall be construed to
authorize a closed meeting by a local governing body or an elected school board to discuss
compensation matters that affect the membership of such body or board collectively.

2. Discussion or consideration of admission or disciplinary matters or any other matters that would
involve the disclosure of information contained in a scholastic record concerning any student of any
public institution of higher education in the Commonwealth or any state school system. However,
any such student, legal counsel and, if the student is a minor, the student's parents or legal
guardians shall be permitted to be present during the taking of testimony or presentation of
evidence at a closed meeting, if such student, parents, or guardians so request in writing and such
request is submitted to the presiding officer of the appropriate board.

3. Discussion or consideration of the acquisition of real property for a public purpose, or of the
disposition of publicly held real property, where discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the public body.

4. The protection of the privacy of individuals in personal matters not related to public business.

5. Discussion concerning a prospective business or industry or the expansion of an existing business

or industry where no previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the community.

6. Discussion or consideration of the investment of public funds where competition or bargaining is

involved, where, if made public initially, the financial interest of the governmental unit would be
adversely affected.

7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual
or probable litigation, where such consultation or briefing in open meeting would adversely affect
the negotiating or litigating posture of the public body. For the purposes of this subdivision,
"probable litigation" means litigation that has been specifically threatened or on which the public
body or its legal counsel has a reasonable basis to believe will be commenced by or against a known
party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely
because an attorney representing the public body is in attendance or is consulted on a matter.

-----------------------------------------------
 
A.1 is the applicable section for anything involving personnel issues.
 
A.3 and A.5 have to do with the proposed economic development proposal.
 
A.7 has to do with a potential legal case involving the Town.
 
Does this help?
 
From a FOIA Council advisory opinion- and this is in relation to your other question-
 
The motion to enter into closed session read that the council would convene in closed
session "pursuant to Virginia Code section 2.2-3711(A) to discuss: personnel matters,
as per subsection 1; the acquisition or sale of real property for a public purpose, as
per subsection 3; and legal matters requiring the advice of legal counsel, as per
subsection 7." In order to enter into closed session, subsection A of § 2.2-3712
requires that a motion (i) identifies the subject matter, (ii) states the purpose of the
meeting and (iii) makes specific reference to the applicable exemption from open
meeting requirements provided in § 2.2-3707 or subsection A of § 2.2-3711. The
Freedom of Information Advisory Council has previously opined that a motion that
lacks any of these three elements would be insufficient under the law.1 Thus, in
addition to a statutory citation and tracking the general language of the exemption,
the motion must also identify the subject matter. The subject need not be so specific
as to defeat the reason for going into closed session, but should at least provide the
public with general information as to why the closed session will be held. For
example, a public body might state that the subject of a closed session would be to
discuss disciplinary action against an employee of the public body. This statement
goes a step beyond just stating that the purpose of the meeting is to consider a
personnel matter, but does not go so far as to disclose the identity of the individual
being discussed and defeat the reason for the closed session. 
 
Sara
 
 
From: Janice Wheaton
Sent: Wednesday, July 10, 2019 1:15 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
In the Revised Agenda for tonight, 7/10/19
 
2.2-3711.A.1
2.2-3711A.3
2.2-3711A.5
2.2-3711A.7
 
Lease of Town property
Legal counsel briefing to probable litigation
Personnel for disciplining of specific public officers
 
Please explain which codes go to which purpose.
 
Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Wednesday, July 10, 2019 1:56:05 PM

Yes, but per tonight's agenda, there are 4 numbers, or codes, listed with only 
3 'explanations' (for lack of better words).

Please explain which code goes with which number, or code.

What is the 4th one?

Thanks.
JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 1:30 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
These are the code sections from the Freedom of Information Act which authorizes closed sessions.
 
§ 2.2-3711. Closed meetings authorized for certain limited purposes.
A. Public bodies may hold closed meetings only for the following purposes:

1. Discussion, consideration, or interviews of prospective candidates for employment; assignment,

appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees of any public body; and evaluation of performance of
departments or schools of public institutions of higher education where such evaluation will
necessarily involve discussion of the performance of specific individuals. Any teacher shall be
permitted to be present during a closed meeting in which there is a discussion or consideration of a
disciplinary matter that involves the teacher and some student and the student involved in the
matter is present, provided the teacher makes a written request to be present to the presiding
officer of the appropriate board. Nothing in this subdivision, however, shall be construed to
authorize a closed meeting by a local governing body or an elected school board to discuss
compensation matters that affect the membership of such body or board collectively.

2. Discussion or consideration of admission or disciplinary matters or any other matters that would
involve the disclosure of information contained in a scholastic record concerning any student of any
public institution of higher education in the Commonwealth or any state school system. However,
any such student, legal counsel and, if the student is a minor, the student's parents or legal
guardians shall be permitted to be present during the taking of testimony or presentation of
evidence at a closed meeting, if such student, parents, or guardians so request in writing and such
request is submitted to the presiding officer of the appropriate board.

3. Discussion or consideration of the acquisition of real property for a public purpose, or of the
disposition of publicly held real property, where discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the public body.

4. The protection of the privacy of individuals in personal matters not related to public business.

5. Discussion concerning a prospective business or industry or the expansion of an existing business

or industry where no previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the community.

6. Discussion or consideration of the investment of public funds where competition or bargaining is

involved, where, if made public initially, the financial interest of the governmental unit would be
adversely affected.

7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual
or probable litigation, where such consultation or briefing in open meeting would adversely affect
the negotiating or litigating posture of the public body. For the purposes of this subdivision,
"probable litigation" means litigation that has been specifically threatened or on which the public
body or its legal counsel has a reasonable basis to believe will be commenced by or against a known
party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely
because an attorney representing the public body is in attendance or is consulted on a matter.

-----------------------------------------------
 
A.1 is the applicable section for anything involving personnel issues.
 
A.3 and A.5 have to do with the proposed economic development proposal.
 
A.7 has to do with a potential legal case involving the Town.
 
Does this help?
 
From a FOIA Council advisory opinion- and this is in relation to your other question-
 
The motion to enter into closed session read that the council would convene in closed
session "pursuant to Virginia Code section 2.2-3711(A) to discuss: personnel matters,
as per subsection 1; the acquisition or sale of real property for a public purpose, as
per subsection 3; and legal matters requiring the advice of legal counsel, as per
subsection 7." In order to enter into closed session, subsection A of § 2.2-3712
requires that a motion (i) identifies the subject matter, (ii) states the purpose of the
meeting and (iii) makes specific reference to the applicable exemption from open
meeting requirements provided in § 2.2-3707 or subsection A of § 2.2-3711. The
Freedom of Information Advisory Council has previously opined that a motion that
lacks any of these three elements would be insufficient under the law.1 Thus, in
addition to a statutory citation and tracking the general language of the exemption,
the motion must also identify the subject matter. The subject need not be so specific
as to defeat the reason for going into closed session, but should at least provide the
public with general information as to why the closed session will be held. For
example, a public body might state that the subject of a closed session would be to
discuss disciplinary action against an employee of the public body. This statement
goes a step beyond just stating that the purpose of the meeting is to consider a
personnel matter, but does not go so far as to disclose the identity of the individual
being discussed and defeat the reason for the closed session. 
 
Sara
 
 
From: Janice Wheaton
Sent: Wednesday, July 10, 2019 1:15 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
In the Revised Agenda for tonight, 7/10/19
 
2.2-3711.A.1
2.2-3711A.3
2.2-3711A.5
2.2-3711A.7
 
Lease of Town property
Legal counsel briefing to probable litigation
Personnel for disciplining of specific public officers
 
Please explain which codes go to which purpose.
 
Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
Date: Wednesday, July 10, 2019 1:19:50 PM

I have reviewed your email.

What baffles me is the word 'disciplining of specific public officers' ...

Are you confirming, with this email, that no specific. public officer will be disciplined?

Thank you.

JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 10:08 AM
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
 
I just found that email.

Sorry for any inconvenience.

I apologize for the many emails that I sent the past few days but I
am trying to get a handle on all issues.

Thank you.
JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 9:44 AM
To: Janice Wheaton
Subject: RE: CONFIDENTIAL LEGAL MATTER
 
Ms. Wheaton,
 
That is the request that you made to add the exemption for closed session.  The language is exactly
what comes from State Code.  No individual is ever named for disciplining. 
 
Sara
 
From: Janice Wheaton
Sent: Wednesday, July 10, 2019 9:32 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: CONFIDENTIAL LEGAL MATTER
 
In addition,  re:  Agenda for tonight's meeting
 
closed session for 'disciplining of specific public officers'
 
Who are the officers?
 
Thank you.
JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 9:23 AM
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
 
Please provide me with the following information:
 
-Insurance provider (contact person)
 
-Attorney handling this case.
 
-Copy of message sent to mayor regarding my request for closed session and this matter and
his response.
 
Thank you,
 
JNW
 
 
 
 
 

From: Sara Carter

Sent: Tuesday, July 9, 2019 3:38 PM
Cc: Tammy
Subject: CONFIDENTIAL LEGAL MATTER
 
Council members,
 
I received an update and was
discussed at the April meeting in closed session.
 

 
Our insurance provider is the point of contact for this matter.
Their attorney will be handing all questions and claims issues.
 
IN ORDER TO INSURE THAT THE TOWN DOES NOT SAY OR DO ANYTHING THAT COULD CREATE A
LEGAL PROBLEM FOR THE INSURANCE ATTORNEY, NO FURTHER DISCUSSION OR ACTION SHOULD BE
TAKEN AT THIS TIME.
 
Thank you,
Sara
 
Sara Carter
Town Manager, Town of Amherst
P. O. Box 280/174 S. Main St.
Amherst, VA  24521
434.946.7885
www.amherstva.gov
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Date: Wednesday, July 10, 2019 1:14:41 PM

In the Revised Agenda for tonight, 7/10/19

2.2-3711.A.1
2.2-3711A.3
2.2-3711A.5
2.2-3711A.7

Lease of Town property

Legal counsel briefing to probable litigation
Personnel for disciplining of specific public officers

Please explain which codes go to which purpose.

Thank you.
JNW
From: Janice Wheaton - shared
To: Vicki Hunt
Subject: Re: Revised TC Agenda 7.10.19
Date: Wednesday, July 10, 2019 10:48:46 AM

Keeping fingers crossed!

JNW

From: Vicki Hunt

Sent: Wednesday, July 10, 2019 10:44 AM
To: Janice Wheaton
Subject: RE: Revised TC Agenda 7.10.19
 
You are welcome.  I hope you are feeling better.
Vicki
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton <janice.wheaton@amherstva.gov>
Sent: Wednesday, July 10, 2019 10:41 AM
To: Vicki Hunt <vicki.hunt@amherstva.gov>
Subject: Re: Revised TC Agenda 7.10.19
 
Thank you.
JNW

From: Vicki Hunt

Sent: Wednesday, July 10, 2019 10:10 AM
To: Vicki Hunt
Subject: RE: Revised TC Agenda 7.10.19
 
Council members,
In my attempt to help, I may have confused all of you instead.   The packet attached to the revised
agenda is the same that was included with the original agenda. 
 
Thank you,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Vicki Hunt
Sent: Tuesday, July 9, 2019 8:40 PM
To: Vicki Hunt <vicki.hunt@amherstva.gov>
Subject: Revised TC Agenda 7.10.19
 
Good afternoon,
 
Attached is a Revised Agenda for the July 10, 2019, Town Council meeting.   I have also attached the
entire packet in a separate PDF document for your convenience. 
 
Thanks,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Vicki Hunt
Subject: Re: Revised TC Agenda 7.10.19
Date: Wednesday, July 10, 2019 10:41:14 AM

Thank you.
JNW

From: Vicki Hunt

Sent: Wednesday, July 10, 2019 10:10 AM
To: Vicki Hunt
Subject: RE: Revised TC Agenda 7.10.19
 
Council members,
In my attempt to help, I may have confused all of you instead.   The packet attached to the revised
agenda is the same that was included with the original agenda. 
 
Thank you,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Vicki Hunt
Sent: Tuesday, July 9, 2019 8:40 PM
To: Vicki Hunt <vicki.hunt@amherstva.gov>
Subject: Revised TC Agenda 7.10.19
 
Good afternoon,
 
Attached is a Revised Agenda for the July 10, 2019, Town Council meeting.   I have also attached the
entire packet in a separate PDF document for your convenience. 
 
Thanks,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
Date: Wednesday, July 10, 2019 10:08:12 AM

I just found that email.

Sorry for any inconvenience.

I apologize for the many emails that I sent the past few days but I
am trying to get a handle on all issues.

Thank you.
JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 9:44 AM
To: Janice Wheaton
Subject: RE: CONFIDENTIAL LEGAL MATTER
 
Ms. Wheaton,
 
That is the request that you made to add the exemption for closed session.  The language is exactly
what comes from State Code.  No individual is ever named for disciplining. 
 
Sara
 
From: Janice Wheaton
Sent: Wednesday, July 10, 2019 9:32 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: CONFIDENTIAL LEGAL MATTER
 
In addition,  re:  Agenda for tonight's meeting
 
closed session for 'disciplining of specific public officers'
 
Who are the officers?
 
Thank you.
JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 9:23 AM
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
 
Please provide me with the following information:
 
-Insurance provider (contact person)
 
-Attorney handling this case.
 
-Copy of message sent to mayor regarding my request for closed session and this matter and
his response.
 
Thank you,
 
JNW
 
 
 
 
 

From: Sara Carter

Sent: Tuesday, July 9, 2019 3:38 PM
Cc: Tammy
Subject: CONFIDENTIAL LEGAL MATTER
 
Council members,
 
I received an update and was
discussed at the April meeting in closed session.
 

 
Our insurance provider is the point of contact for this matter.
Their attorney will be handing all questions and claims issues.
 
IN ORDER TO INSURE THAT THE TOWN DOES NOT SAY OR DO ANYTHING THAT COULD CREATE A
LEGAL PROBLEM FOR THE INSURANCE ATTORNEY, NO FURTHER DISCUSSION OR ACTION SHOULD BE
TAKEN AT THIS TIME.
 
Thank you,
Sara
 
Sara Carter
Town Manager, Town of Amherst
P. O. Box 280/174 S. Main St.
Amherst, VA  24521
434.946.7885
www.amherstva.gov
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: Seeking an advisory opinion
Date: Wednesday, July 10, 2019 10:03:09 AM

Thank you.
JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 9:49 AM
To: Janice Wheaton
Subject: FW: Seeking an advisory opinion
 
Ms. Wheaton,
 
Please see following.
 
Sara
 
From: Stewart Petoe <spetoe@dls.virginia.gov>
Sent: Tuesday, July 9, 2019 6:23 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Seeking an advisory opinion
 
Dear Ms. Carter:
 
Thank you for your inquiry.  You mention that there is a Council meeting on Wednesday--I am
guessing tomorrow?  Because time is of the essence, I will provide you with quick, informal
guidance.  If a longer legal memo with Code citations is desired, that can be provided, but might not
be ready in time for the meeting.  Hopefully this analysis will be sufficient for your purposes.
 
The State and Local Government Conflict of Interests Act (the Act) requires that any public official or
employee who has a "personal interest in a transaction" not participate in the transaction, unless
one of several statutory exceptions apply.
 
Assuming that no exceptions apply, a local official is required to withdraw from the transaction.  He
may not vote or participate in any way.  He is not required to actually leave the room while
discussions or deliberations occur, but he may not participate.  If the meeting goes into a closed
session, though, he must leave the room for any portion of the meeting in which the matter in which
he has a personal interest is being discussed.  He is not permitted to discuss the matter in which he
has a personal interest at any time with any other government officials or employees.  This includes
after the meeting is over and the transaction is concluded.
 
The local official is also required to make a public disclosure of his personal interest in the
transaction and the fact that he will not be participating.  Pursuant to subsection F of Virginia Code
section 2.2-3115, he must disclose the existence of his interest, "including the full name and address
of the business and the address or parcel number for the real estate if the interest involves a
business or real estate."  (That last portion is probably not relevant to the current situation about
which you are inquiring).  The disclosure shall be reflected in the public records of the agency [in this
case, the Town Council] for five years in the office of the administrative head of the
officer's...agency."
 
The Ethics Council suggests, when possible, that such disclosure be made in written form, as a signed
declaration, to be kept in the clerk's office as a public record for five years.  We also suggest that in
addition to a written disclosure, the officer make a brief oral statement to be recorded in the
minutes of the meeting where the transaction is discussed, once again publicly stating that he will
not be participating in the transaction, due to his having a personal interest., and briefly mentioning
the nature of the personal interest.
 
However, there is nothing in the Act that requires an officer or elected official to withdraw from ALL
unrelated transactions during the pendency of one particular transaction in which he has an
impermissible personal interest.  And, there is nothing in the Act that requires an officer or elected
official to resign from his office, solely on the basis that he may have an impermissible personal
interest in one transaction involving his office or position.
 
I believe this answers your questions.  To summarize quickly: if the Town Mayor feels that he has an
impermissible personal interest in the lawsuit against the Town, he should not participate in any
way.  This includes discussions as well as voting.  He must make a public disclosure of his personal
interest, as discussed above.  It is recommended that he provide an additional oral disclosure at each
meeting in which the transaction is discussed or deliberated on.  He may not discuss the transaction
with other public officials or employees at any time, even after the lawsuit is settled or completed. 
However, he is not required to resign his position, nor is he prevented from carrying out any of his
other duties as Mayor.  He is only required to withdraw from the transaction (or transactions) in
which he has a personal interest.
 
Please let me know if you have any questions about any of the above, or if I may be of any further
assistance.  And, if you would like a slightly longer version of the above analysis, with additional
citations from the Code of Virginia, please let me know.
 
Very truly yours,
 

G. Stewart Petoe
Executive Director
Virginia Conflict of Interest and Ethics Advisory Council
900 E. Main Street
Pocahontas Building, 8th Floor
Richmond, VA  23219
804-698-1845
spetoe@dls.virginia.gov
website: ethics.dls.virginia.gov
 
 
On Tue, Jul 9, 2019 at 5:49 PM Sara Carter <sara.carter@amherstva.gov> wrote:

To the Virginia Conflict of Interest and Ethics Advisory Council:

 
I am seeking an advisory opinion from the Council regarding a potential conflict within the Town
of Amherst Council.
 
Our Town attorney has already issued guidance on this, however a Town Council member is
concerned that an outside source should provide a ruling or advice regarding the ethical and legal
conditions of the situation.
 
The Town’s Mayor acts as a POA for medical issues and is a long term close family friend to an
older woman who previously resided in Town.  He has also been paid by her for intermittent
work. 
 

  The Mayor has

previously made it known in closed session to all of the Council members that he would not be
having any conversation or action regarding this situation with staff, the insurance provider or his
friend.  Should any issue need to come before Council, the Mayor has stated that he would recuse
himself and have the Vice-Mayor run that portion of the meeting.
 
The Town attorney has stated that this is all as it should be, and no further action on the part of
the Mayor is necessary to eliminate a conflict.  There is, however, a Council member who
disagrees.  She feels that in order to avoid a conflict, or a perception of one, in this regard, that
the Mayor must not only recuse himself from any discussion of this issue, but also step down from
his elected office until it is resolved.  She requests an advisory opinion from the Council.
 
Please let me know if I can provide any other information or background on this.  And we do have
a Council meeting on Wednesday, where I am anticipating that this will be a question that I am
asked.  So, any response would be helpful.
 
Thank you in advance,
Sara
 
Sara Carter
Town Manager, Town of Amherst
P. O. Box 280/174 S. Main St.
Amherst, VA  24521
434.946.7885                                                                                                                     
www.amherstva.gov
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: Revised TC Agenda 7.10.19
Date: Wednesday, July 10, 2019 9:58:02 AM

Okay.  

Thank you.

JNW

From: Sara Carter

Sent: Wednesday, July 10, 2019 9:42 AM
To: Janice Wheaton
Subject: RE: Revised TC Agenda 7.10.19
 
Ms. Wheaton,
 
There are no changes to the packet, only the agenda.
 
Sara
 
From: Janice Wheaton
Sent: Wednesday, July 10, 2019 9:18 AM
To: Vicki Hunt <vicki.hunt@amherstva.gov>; Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Revised TC Agenda 7.10.19
 
I have the revised agenda and packet.
 
I haven't reviewed either at this point.
 
Can you tell me if there are changes to the packet?
(I may have to get you to copy it for me.)
 
Thank you.
JNW

From: Vicki Hunt

Sent: Tuesday, July 9, 2019 8:39 PM
To: Vicki Hunt
Subject: Revised TC Agenda 7.10.19
 
Good afternoon,
 
Attached is a Revised Agenda for the July 10, 2019, Town Council meeting.   I have also attached the
entire packet in a separate PDF document for your convenience. 
 
Thanks,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
Date: Wednesday, July 10, 2019 9:32:22 AM

In addition,  re:  Agenda for tonight's meeting

closed session for 'disciplining of specific public officers'

Who are the officers?

Thank you.
JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 9:23 AM
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
 
Please provide me with the following information:

-Insurance provider (contact person)

-Attorney handling this case.

-Copy of message sent to mayor regarding my request for closed session and this matter and
his response.

Thank you,

JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 3:38 PM
Cc: Tammy
Subject: CONFIDENTIAL LEGAL MATTER
 
Council members,
 
I received an update , and was
discussed at the April meeting in closed session.
 

 
Our insurance provider is the point of contact for this matter.
Their attorney will be handing all questions and claims issues.
 
IN ORDER TO INSURE THAT THE TOWN DOES NOT SAY OR DO ANYTHING THAT COULD CREATE A
LEGAL PROBLEM FOR THE INSURANCE ATTORNEY, NO FURTHER DISCUSSION OR ACTION SHOULD BE
TAKEN AT THIS TIME.
 
Thank you,
Sara
 
Sara Carter
Town Manager, Town of Amherst
P. O. Box 280/174 S. Main St.
Amherst, VA  24521
434.946.7885
www.amherstva.gov
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: CONFIDENTIAL LEGAL MATTER
Date: Wednesday, July 10, 2019 9:23:59 AM

Please provide me with the following information:

-Insurance provider (contact person)

-Attorney handling this case.

-Copy of message sent to mayor regarding my request for closed session and this matter and
his response.

Thank you,

JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 3:38 PM
Cc: Tammy
Subject: CONFIDENTIAL LEGAL MATTER
 
Council members,
 
I received an update and was
discussed at the April meeting in closed session.
 

 
Our insurance provider is the point of contact for this matter.
Their attorney will be handing all questions and claims issues.
 
IN ORDER TO INSURE THAT THE TOWN DOES NOT SAY OR DO ANYTHING THAT COULD CREATE A
LEGAL PROBLEM FOR THE INSURANCE ATTORNEY, NO FURTHER DISCUSSION OR ACTION SHOULD BE
TAKEN AT THIS TIME.
 
Thank you,
Sara
 
Sara Carter
Town Manager, Town of Amherst
P. O. Box 280/174 S. Main St.
Amherst, VA  24521
434.946.7885
www.amherstva.gov
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: question
Date: Wednesday, July 10, 2019 9:19:27 AM

I disagree.

Thank you.
JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 3:41 PM
To: Janice Wheaton
Subject: RE: question
 
Ms. Wheaton,
 
There was no violation of Code.  Had the meeting been held, all notice would be provided per the
Code.
 
When you were unwilling to meet with them privately, Council held an appropriately noticed closed
session. 
 
I see no legal or ethical issue present.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, July 9, 2019 11:06 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
Ms. Carter.
 
Would you please point to me where the code of ethics were followed by the Mayor, Mrs.
Carton, Mr. Berry, the Council, and you regarding this situation?
 
 
 
If not the code of ethics, the law.
 
Thank you.
JNW

From: Sara Carter

Sent: Tuesday, April 9, 2019 7:13 PM
Cc: Janice Wheaton
Subject: Fwd: question
 
Mr. Mayor, Mrs. Carton and Mr. Berry,
 
Please see following.
 
Sara
 
Get Outlook for iOS

From: Janice Wheaton <janice.wheaton@amherstva.gov>

Sent: Tuesday, April 9, 2019 7:10 PM
To: Sara Carter
Subject: Re: question
 
I would like Mr. Berry  and the other two to respond to my requests via email vs telephone
or text.

Plz forward.

Thanks yet again!

Janice Norvell Wheaton

From: Janice Wheaton

Sent: Tuesday, April 9, 2019 6:03:04 PM
To: Sara Carter
Subject: Re: question
 
Ps...more time for the meeting...like an hour...
vs 30 minutes.  I imagine we'll have quite a bit to discuss.  Please pass this on as well!

Get Outlook for Android

 

From: Sara Carter

Sent: Tuesday, April 9, 2019 5:52:00 PM
Subject: RE: question
 
Ms. Wheaton, Mr. Mayor, and Mrs. Carton,
 
When notice is provided for a meeting, there must be a notice.  If it is a closed session, then the
meeting notice simply notes the occurrence of the meeting and the exemption.
 
Mr. Mayor,
Once you all have decided if there will be a meeting, please direct me as to whether it will be in open
or closed session and if closed, which exemption we should use.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:47 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
If it's a meeting, the reporter should know, correct?

GetOutlook for Android

 

From: Janice Wheaton

Sent: Tuesday, April 9, 2019 5:46:25 PM
To: Sara Carter
Subject: Re: question
 
Thank you.

From: Sara Carter

Sent: Tuesday, April 9, 2019 5:46:08 PM
To: Janice Wheaton
Subject: RE: question
 
Yes ma’am.
 
Will copy you on the email.
 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:45 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
Would you please forward my email to the 3 of them?

GetOutlook for Android

 

From: Sara Carter

Sent: Tuesday, April 9, 2019 5:41:09 PM
To: Janice Wheaton
Subject: RE: question
 
Ms. Wheaton,
 
That does not seem like an advisable path to me if you do not know the topic.  Involving the media
when the issue is unknown invites participation where discretion would be better. 
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:35 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
one more question.
 
may I invite the newspaper reporter to attend?
 
I have nothing to hide.
 
I would need a legal answer and where it states I may not.
 
thanks!
 
Janice Norvell Wheaton

From: Janice Wheaton

Sent: Tuesday, April 9, 2019 5:28:47 PM
To: Sara Carter
Subject: question
 
Hi Sara.
 
The mayor sent me a text stating that Rachel, Tom Berry, and he would like to meet with me
tomorrow night at 6:30 to discuss some recent concerns that have come to their attention.
 
At first I replied yes.
 
I also requested that someone be there to record the conversation.  When an attorney is
involved, why not?
 
After thinking about it, I sent him a text requesting him to inform me as to what the concerns
were that would be addressed.
 
He responded that they would be discussed when everyone is present.  He did not reply about
my request for it to be recorded.
 
I ended up responding no, I won't be the
therere unless I have the information that I requested.
He has not responded since.
 
-  There will be 3 members....is this considered a meeting?  
 
-  Do I, as a councilwoman, have a right to know what concerns are to be addressed?
 
-  I would like to know what the concerns are in order to prepare.  
 
-  Where in the town code, etc. states that I have to attend if I don't get an answer to my 
   requests.
 
Thank you.
 
Janice Norvell Wheaton
 
 
 
 
 
From: Janice Wheaton - shared
To: Vicki Hunt; Sara Carter
Subject: Re: Revised TC Agenda 7.10.19
Date: Wednesday, July 10, 2019 9:18:23 AM

I have the revised agenda and packet.

I haven't reviewed either at this point.

Can you tell me if there are changes to the packet?

(I may have to get you to copy it for me.)

Thank you.
JNW

From: Vicki Hunt

Sent: Tuesday, July 9, 2019 8:39 PM
To: Vicki Hunt
Subject: Revised TC Agenda 7.10.19
 
Good afternoon,
 
Attached is a Revised Agenda for the July 10, 2019, Town Council meeting.   I have also attached the
entire packet in a separate PDF document for your convenience. 
 
Thanks,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Vicki Hunt; Sara Carter
Subject: Re: TC Meeting July 10, 2019
Date: Wednesday, July 10, 2019 9:15:21 AM

Me again.

I do plan on attending.

I have been suffering with stomach issues this morning.  If they don't clear up, I will not be
able to attend.

I must also let you, or Sara, know, that if 'nature calls', I may have to excuse myself quickly
from the table.

I will see how today goes.

Thank you.
JNW

From: Janice Wheaton

Sent: Wednesday, July 10, 2019 9:05 AM
To: Vicki Hunt
Subject: Re: TC Meeting July 10, 2019
 
I plan to attend.

Thank ou.
JNW

From: Vicki Hunt

Sent: Wednesday, July 10, 2019 5:09 AM
To: Vicki Hunt
Subject: TC Meeting July 10, 2019
 
Good morning,
 
In order to determine if there will be a quorum present for the public hearing and all other matters before
Council at the meeting tonight, Wednesday, July 10, 2019  at 7:00 PM, please let me know if you do or do
not plan to attend.
 
 
Thank you very much,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Vicki Hunt
Subject: Re: TC Meeting July 10, 2019
Date: Wednesday, July 10, 2019 9:05:58 AM

I plan to attend.

Thank ou.
JNW

From: Vicki Hunt

Sent: Wednesday, July 10, 2019 5:09 AM
To: Vicki Hunt
Subject: TC Meeting July 10, 2019
 
Good morning,
 
In order to determine if there will be a quorum present for the public hearing and all other matters before
Council at the meeting tonight, Wednesday, July 10, 2019  at 7:00 PM, please let me know if you do or do
not plan to attend.
 
 
Thank you very much,
Vicki
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Tuesday, July 9, 2019 3:38:25 PM

Yes, please do so.

Who own these lines?  Comcast?

Please let me know what their response is regarding this mess.

I do have the photos and will continue to hold on to them until they are
repaired.

Thank you.

From: Sara Carter

Sent: Tuesday, July 9, 2019 12:39 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
I have passed your comments and concerns to Comcast.  I’d be happy to pass along your concerns a
second time.
 
Those are not Town lines, and we do not have the ability to force Comcast to repair them.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, July 9, 2019 11:01 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
RE:  questions / photos about various utility lines, north of the circle.
 
As instructed, I sent you photos of various utility poles (& their id numbers) with loose wires,
boxes open, etc. to be corrected.  
 
I also sent you a photo and a request to have the 2 utility poles w/ boxes at the top of Ridge
Drive corrected.
 
You told me you were going to work on it.
 
Please update me on the status of my request.
 
Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
Date: Tuesday, July 9, 2019 3:34:48 PM

I know what the weekly report stated.

I know what the paper stated.

Thank you.
JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 12:10 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
Please find attached the two weekly reports that mentioned the meeting with Rob Arnold.  Both of
these weekly reports predate the article in the paper that mentioned that Rob Arnold and I had met
and discussed the park.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, July 9, 2019 10:54 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Actually, I read about it in the newspaper.
 
I had not heard it from you.  
 
JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 9:30 AM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
I met with Rob Arnold on June 5, at his request, as stated in my weekly report, to discuss multiple
relationships and opportunities between the Town and the schools.  I mentioned the park and the
potential for connection, and reviewed the timeframe and process for the Town.  I let him know that
I would follow up with him on that formally, if the Town Council wished to pursue trails and a
connection to the high school.
 
I  have met with no one else to discuss the park.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, July 9, 2019 9:25 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Did you meet with Rob Arnold to discuss the park project?
 
Others?
 
Thank you.
 
JNW
 
 

From: Janice Wheaton

Sent: Wednesday, July 3, 2019 3:33 PM
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Thank you.
 
JNW

From: Sara Carter

Sent: Wednesday, July 3, 2019 2:24 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
No ma’am. 
 
One will be sent out for the two weeks either tomorrow or Friday.
 
From: Janice Wheaton
Sent: Wednesday, July 3, 2019 1:18 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Was a weekly report sent out for week ending June 28, 2019?
 
Thank you.
JNW

From: Janice Wheaton

Sent: Saturday, June 29, 2019 10:13 AM
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Carter,
 
I was under the impression that Ms. Hunt recorded minutes and then presented to Council for
review.  That is why I replied to her.
 
 
If it's not Ms. Hunt's decision re what is included or omitted, and it's up to you, I now ask you,
again, to make the corrections to the minutes that I requested.
 
 
I know your answer.  Bring it up to Council during our July meeting.
 
I am positive that Mayor Tuggle won't object as he chose to do what he did.
I just want it recorded.
 
 
 
Thank you,
 
JNW
 
 
 
 
 

From: Sara Carter

Sent: Saturday, June 29, 2019 10:04 AM
To: Janice Wheaton
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
There is a standard practice within the Town that has been followed for years regarding what is
included and not included within the minutes. Ms. Hunt is following that practice, carefully and
rigorously. 
 
Other than corrections that are due to clerical mistakes or clarifications of actions, Council should
make no requests for changes to Ms. Hunt. The decision of what gets included in the minutes for
Council’s consideration is mine. Once they have been cleared by me, Ms. Hunt disseminates them to
Council. The type of substantive change you would like in how actions are recorded needs to be a
Council decision. It is a departure from our standard practice. 
 
While I understand your frustration, and I recognize that you have the right to contact staff people
as any citizen may, as a Councilor, it is against the Town’s Charter and your Code of Ethics for you to
be directing any staff member other than myself. Your last email that included Ms. Hunt had no
reason to do so. There was no issue that she needed to be pulled into. Ms. Hunt should not have to
be privy to these types of debates and discussions other than the outcome that directs her, nor
should her work hours be taken up with them. This has an effect on the ability of staff to manage
their work time appropriately and it affects morale. Please direct your requests and questions to me.
 Your request is not a simple request for a correction. It is a change in practice. 
 
As always, I will make Council aware of your concerns. As the manager, the channels of
communication are being kept open. But these channels should not include any other staff members
other than myself or Mr. Berry if it is a legal issue. In the future, please direct all communication
regarding Town business to no other staff members. 
 
Thank you, 
Sara
 
Get Outlook for iOS

From: Janice Wheaton <janice.wheaton@amherstva.gov>

Sent: Saturday, June 29, 2019 9:45 AM
To: Sara Carter; Vicki Hunt
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
 
I most certainly will bring it up for discussion.
 
I am disappointed that this is a 'pick and choose' as what's being recorded and not being
recorded in minutes.
 
Is this Ms. Hunt's decision?  Your decision?  Mayor's decision?
 
 
I will reply to whomever I wish, especially if it is as simple as a correction to this sort of thing.
 
Thank you.
 
JNW

From: Sara Carter

Sent: Saturday, June 29, 2019 9:41 AM
To: Janice Wheaton
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
The requested change is a discussion for Council. Please make that request at the meeting if you
would like to do so.
 
Please direct any future requests to me, rather than staff.
 
Thank you,
Sara
 
 
 
Get Outlook for iOS

From: Janice Wheaton

Sent: Saturday, June 29, 2019 9:39:05 AM
To: Sara Carter; Vicki Hunt
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
I know what it states.  I'm asking Ms. Hunt to add to it that....
 
  MAYOR TUGGLE removed the matter from the committee....
 
In addition, please state that MS. WHEATON OBJECTED TO HIM DOING SO.
 
 
Thank you.
 
JNW
 
 

From: Sara Carter

Sent: Friday, June 28, 2019 4:54 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
The draft minutes already note that the park matter has been removed from the committee and
referred to staff for additional work.
 
Please let me know if you have any questions.
 
Hope to see you tomorrow!
 
Sara
 
From: Janice Wheaton <janice.wheaton@amherstva.gov>
Sent: Friday, June 28, 2019 4:19 PM
To: Vicki Hunt <vicki.hunt@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Please add that  Mayor Tuggle removed the park matter from the Community Relations
Committee.
 
Thank you.
 
JNW

From: Vicki Hunt

Sent: Thursday, June 27, 2019 10:43 AM
To: Vicki Hunt
Subject: Town Council June 12, 2019 Minutes for Consideration
 
Good morning,
 
The minutes of the June 12, 2019, meeting are attached for your consideration. 
 
Please let me know if there are any substantive revisions requested/required.
 
Thank you very much,
 
Vicki
 
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Fw: Meeting regarding VDOT
Date: Tuesday, July 9, 2019 11:10:28 AM

Please list, in order of importance, the projects that VDOT is performing for the town.
I read your answer below, but would like specifics.

Thank you.
JNW

From: Janice Wheaton

Sent: Tuesday, May 7, 2019 9:27 AM
To: Sara Carter
Cc: Dwayne Tuggle
Subject: Re: Meeting regarding VDOT
 
I will review and let you know if I have comments or questions.

Thank you.
JNW

Get Outlook for iOS

From: Sara Carter

Sent: Monday, May 6, 2019 1:07:42 PM
To: Janice Wheaton
Cc: Dwayne Tuggle
Subject: RE: Meeting regarding VDOT
 
Ms. Wheaton, Mayor, and Councilors,
 
I am including all, so all are in the loop in case there is further discussion forthcoming.
 
Please see answers below.
 
Sara
 
From: Janice Wheaton
Sent: Saturday, May 4, 2019 9:59 AM
To: Sara Carter <sara.carter@amherstva.gov>
Cc: Dwayne Tuggle <dwayne.tuggle@amherstva.gov>
Subject: Re: Meeting regarding VDOT
 
Would you please inform me as to how VDOT interacts with the town of Amherst?
 
There are a variety of ways that the Town and VDOT interact.  The Town provides VDOT an
opportunity to comment on changes of use, subdivision plats and zoning applications.  There
are required VDOT reviews of land use changes that require a VDOT land use permit.  This
could include everything from banner permits and street closures for parades to the review that
VDOT has done for the conversion of the old mill to a brewery.  The Town and VDOT also
interact regarding maintenance and improvement activities on the roads in town, such as
drainage on West Court or clogged ditches.  There is also interaction for grant funded projects
of both local and regional significance.
 
How much time ... $$ is allotted to our town by VDOT?
 
VDOT time and money is not allocated by jurisdiction.  There are functions in VDOT that
have a state wide budget, ones with a regional (or district) budget, and ones that are
administered out of a residency or maintenance yard.  None of these boundaries conform to
locality boundaries, so there is no measure of how much money or time a particular locality
gets from all of these pots of money.  We are part of the Lynchburg district, and the
Appomattox residency. 
 
What are our town's priorities in using the services of VDOT?
 
The Town’s priorities for VDOT services are the safety of our community and assisting
residents and businesses with street or transportation issues they may have.  We also work to
assist new and existing businesses in navigating the regulatory process, which can be daunting
for new or small businesses.
 
Who makes these decisions?
 
These decisions are made by the Town Manager.  Whenever the Town interacts with an
outside agency, particularly a state agency, those interactions generally are decided by the TM,
though they may be carried out by other staff.
 
What about VDOT services already being worked on .... or have, have not been worked
on....ie:  drainage issue on West Court Street.  I would like to know.
 
Could you please clarify this question?  I do not understand what you are asking.
 
Once I have my answers and am able to understand your councils direction for the town in this
matter, I will get back in touch with you.
 
 
Thank you for your time.
 
JNW
 
 
 
 
 
 
 
 

From: Janice Wheaton

Sent: Monday, April 29, 2019 11:30:05 AM
To: Sara Carter
Cc: Dwayne Tuggle
Subject: Re: Meeting regarding VDOT
 
Hello.
 
Please allow me time to collect my thoughts, questions, etc and I will get back with you in the
near future as to ways to proceed.
 
Thank you,
 
JNW

From: Sara Carter

Sent: Friday, April 26, 2019 4:13:06 PM
To: Janice Wheaton
Cc: Dwayne Tuggle
Subject: RE: Meeting regarding VDOT
 
Ms. Wheaton,
 
I would not be able to schedule a meeting with a VDOT representative without understanding what
questions you have.  Otherwise, I would have no idea whom to include.
 
Did you want some other setting than the Council chambers or my office?  Were you anticipating an
audience?  I thought the purpose was to give you information.  Now, I am very unclear as to the
purpose of the meeting.

Perhaps you should bring this up at the Council meeting.  My direction from the Mayor was for me
to meet with you individually, as you had questions regarding how the Town worked with VDOT.  If
that is not the meeting purpose and format, then I would need further direction.
 
Sara
 
From: Janice Wheaton
Sent: Friday, April 26, 2019 4:09 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Meeting regarding VDOT
 
Yes, with a VDOT representative as well. 
 
A public setting is also requested.
 
I am not available next week.
 
5/6 is open.
 
If I need to add this request to new business on wed 5/8 at the town council meeting, I will.
 
Thank you.
 
JNW
 
 
 
Please check the VDOT reps 
 
 
 
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From: Sara Carter

Sent: Friday, April 26, 2019 3:42:57 PM
To: Janice Wheaton
Subject: Meeting regarding VDOT
 
Ms. Wheaton,
 
Did you want to meet to discuss the Town’s role with VDOT?  I have availability next week on
Monday, Tuesday or Wednesday.
 
Sara
 
Sara Carter
Town Manager
Town of Amherst
 
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: question
Date: Tuesday, July 9, 2019 11:05:57 AM

Ms. Carter.

Would you please point to me where the code of ethics were followed by the Mayor, Mrs.
Carton, Mr. Berry, the Council, and you regarding this situation?

If not the code of ethics, the law.

Thank you.
JNW

From: Sara Carter

Sent: Tuesday, April 9, 2019 7:13 PM
Cc: Janice Wheaton
Subject: Fwd: question
 
Mr. Mayor, Mrs. Carton and Mr. Berry,

Please see following.

Sara

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From: Janice Wheaton <janice.wheaton@amherstva.gov>

Sent: Tuesday, April 9, 2019 7:10 PM
To: Sara Carter
Subject: Re: question
 
I would like Mr. Berry  and the other two to respond to my requests via email vs telephone or
text.

Plz forward.
Thanks yet again!

Janice Norvell Wheaton

From: Janice Wheaton

Sent: Tuesday, April 9, 2019 6:03:04 PM
To: Sara Carter
Subject: Re: question
 
Ps...more time for the meeting...like an hour...
vs 30 minutes.  I imagine we'll have quite a bit to discuss.  Please pass this on as well!

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From: Sara Carter

Sent: Tuesday, April 9, 2019 5:52:00 PM
Subject: RE: question
 
Ms. Wheaton, Mr. Mayor, and Mrs. Carton,
 
When notice is provided for a meeting, there must be a notice.  If it is a closed session, then the
meeting notice simply notes the occurrence of the meeting and the exemption.
 
Mr. Mayor,
Once you all have decided if there will be a meeting, please direct me as to whether it will be in open or
closed session and if closed, which exemption we should use.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:47 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
If it's a meeting, the reporter should know, correct?

GetOutlook for Android

 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:46:25 PM
To: Sara Carter
Subject: Re: question
 
Thank you.

From: Sara Carter

Sent: Tuesday, April 9, 2019 5:46:08 PM
To: Janice Wheaton
Subject: RE: question
 
Yes ma’am.
 
Will copy you on the email.
 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:45 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
Would you please forward my email to the 3 of them?

GetOutlook for Android

 

From: Sara Carter

Sent: Tuesday, April 9, 2019 5:41:09 PM
To: Janice Wheaton
Subject: RE: question
 
Ms. Wheaton,
 
That does not seem like an advisable path to me if you do not know the topic.  Involving the media
when the issue is unknown invites participation where discretion would be better. 
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, April 9, 2019 5:35 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: question
 
one more question.
 
may I invite the newspaper reporter to attend?
 
I have nothing to hide.
 
I would need a legal answer and where it states I may not.
 
thanks!
 
Janice Norvell Wheaton

From: Janice Wheaton

Sent: Tuesday, April 9, 2019 5:28:47 PM
To: Sara Carter
Subject: question
 
Hi Sara.
 
The mayor sent me a text stating that Rachel, Tom Berry, and he would like to meet with me
tomorrow night at 6:30 to discuss some recent concerns that have come to their attention.
 
At first I replied yes.
 
I also requested that someone be there to record the conversation.  When an attorney is involved,
why not?
 
After thinking about it, I sent him a text requesting him to inform me as to what the concerns
were that would be addressed.
 
He responded that they would be discussed when everyone is present.  He did not reply about my
request for it to be recorded.
 
I ended up responding no, I won't be the
therere unless I have the information that I requested.
He has not responded since.
 
-  There will be 3 members....is this considered a meeting?  
 
-  Do I, as a councilwoman, have a right to know what concerns are to be addressed?
 
-  I would like to know what the concerns are in order to prepare.  
 
-  Where in the town code, etc. states that I have to attend if I don't get an answer to my 
   requests.
 
Thank you.
 
Janice Norvell Wheaton
 
 
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Date: Tuesday, July 9, 2019 11:00:48 AM

RE:  questions / photos about various utility lines, north of the circle.

As instructed, I sent you photos of various utility poles (& their id numbers) with loose wires,
boxes open, etc. to be corrected.  

I also sent you a photo and a request to have the 2 utility poles w/ boxes at the top of Ridge
Drive corrected.

You told me you were going to work on it.

Please update me on the status of my request.

Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
Date: Tuesday, July 9, 2019 10:54:00 AM

Actually, I read about it in the newspaper.

I had not heard it from you.  

JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 9:30 AM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
I met with Rob Arnold on June 5, at his request, as stated in my weekly report, to discuss multiple
relationships and opportunities between the Town and the schools.  I mentioned the park and the
potential for connection, and reviewed the timeframe and process for the Town.  I let him know that
I would follow up with him on that formally, if the Town Council wished to pursue trails and a
connection to the high school.
 
I  have met with no one else to discuss the park.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, July 9, 2019 9:25 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Did you meet with Rob Arnold to discuss the park project?
 
Others?
 
Thank you.
 
JNW
 
 

From: Janice Wheaton

Sent: Wednesday, July 3, 2019 3:33 PM
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Thank you.
 
JNW

From: Sara Carter

Sent: Wednesday, July 3, 2019 2:24 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
No ma’am. 
 
One will be sent out for the two weeks either tomorrow or Friday.
 
From: Janice Wheaton
Sent: Wednesday, July 3, 2019 1:18 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Was a weekly report sent out for week ending June 28, 2019?
 
Thank you.
JNW

From: Janice Wheaton

Sent: Saturday, June 29, 2019 10:13 AM
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Carter,
 
I was under the impression that Ms. Hunt recorded minutes and then presented to Council for
review.  That is why I replied to her.
 
 
If it's not Ms. Hunt's decision re what is included or omitted, and it's up to you, I now ask you,
again, to make the corrections to the minutes that I requested.
 
 
I know your answer.  Bring it up to Council during our July meeting.
 
I am positive that Mayor Tuggle won't object as he chose to do what he did.
I just want it recorded.
 
 
 
Thank you,
 
JNW
 
 
 
 
 

From: Sara Carter

Sent: Saturday, June 29, 2019 10:04 AM
To: Janice Wheaton
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
There is a standard practice within the Town that has been followed for years regarding what is
included and not included within the minutes. Ms. Hunt is following that practice, carefully and
rigorously. 
 
Other than corrections that are due to clerical mistakes or clarifications of actions, Council should
make no requests for changes to Ms. Hunt. The decision of what gets included in the minutes for
Council’s consideration is mine. Once they have been cleared by me, Ms. Hunt disseminates them to
Council. The type of substantive change you would like in how actions are recorded needs to be a
Council decision. It is a departure from our standard practice. 
 
While I understand your frustration, and I recognize that you have the right to contact staff people
as any citizen may, as a Councilor, it is against the Town’s Charter and your Code of Ethics for you to
be directing any staff member other than myself. Your last email that included Ms. Hunt had no
reason to do so. There was no issue that she needed to be pulled into. Ms. Hunt should not have to
be privy to these types of debates and discussions other than the outcome that directs her, nor
should her work hours be taken up with them. This has an effect on the ability of staff to manage
their work time appropriately and it affects morale. Please direct your requests and questions to me.
 Your request is not a simple request for a correction. It is a change in practice. 
 
As always, I will make Council aware of your concerns. As the manager, the channels of
communication are being kept open. But these channels should not include any other staff members
other than myself or Mr. Berry if it is a legal issue. In the future, please direct all communication
regarding Town business to no other staff members. 
 
Thank you, 
Sara
 
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From: Janice Wheaton <janice.wheaton@amherstva.gov>

Sent: Saturday, June 29, 2019 9:45 AM
To: Sara Carter; Vicki Hunt
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
 
I most certainly will bring it up for discussion.
 
I am disappointed that this is a 'pick and choose' as what's being recorded and not being
recorded in minutes.
 
Is this Ms. Hunt's decision?  Your decision?  Mayor's decision?
 
 
I will reply to whomever I wish, especially if it is as simple as a correction to this sort of thing.
 
Thank you.
 
JNW

From: Sara Carter

Sent: Saturday, June 29, 2019 9:41 AM
To: Janice Wheaton
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
The requested change is a discussion for Council. Please make that request at the meeting if you
would like to do so.
 
Please direct any future requests to me, rather than staff.
 
Thank you,
Sara
 
 
 
Get Outlook for iOS

From: Janice Wheaton

Sent: Saturday, June 29, 2019 9:39:05 AM
To: Sara Carter; Vicki Hunt
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
I know what it states.  I'm asking Ms. Hunt to add to it that....
 
  MAYOR TUGGLE removed the matter from the committee....
 
In addition, please state that MS. WHEATON OBJECTED TO HIM DOING SO.
 
 
Thank you.
 
JNW
 
 

From: Sara Carter

Sent: Friday, June 28, 2019 4:54 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
The draft minutes already note that the park matter has been removed from the committee and
referred to staff for additional work.
 
Please let me know if you have any questions.
 
Hope to see you tomorrow!
 
Sara
 
From: Janice Wheaton <janice.wheaton@amherstva.gov>
Sent: Friday, June 28, 2019 4:19 PM
To: Vicki Hunt <vicki.hunt@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Please add that  Mayor Tuggle removed the park matter from the Community Relations
Committee.
 
Thank you.
 
JNW
From: Vicki Hunt
Sent: Thursday, June 27, 2019 10:43 AM
To: Vicki Hunt
Subject: Town Council June 12, 2019 Minutes for Consideration
 
Good morning,
 
The minutes of the June 12, 2019, meeting are attached for your consideration. 
 
Please let me know if there are any substantive revisions requested/required.
 
Thank you very much,
 
Vicki
 
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Janice Wheaton - shared
Subject: Re: community relations committee
Date: Tuesday, July 9, 2019 9:37:51 AM

I don't believe I have received a answer to the email below.

How many council members reviewed the survey once it was completed earlier in the year?

The Mayor?  Vice Mayor?  Town Attorney?

In addition, the deed of bargain and sale (did 1/18/19) states that "said plat being attached
hereto".
Please explain what that means.

Thank you.
JNW

From: Janice Wheaton

Sent: Wednesday, June 12, 2019 3:55 PM
To: Sarah Ogden; Sara Carter
Subject: Re: community relations committee
 
I  reviewed the survey before the tour.

How many council members reviewed the survey once it was completed earlier in the year?

The Mayor?  Vice Mayor?  Town Attorney?

Thanks.

JNW

From: Janice Wheaton

Sent: Wednesday, June 12, 2019 3:46 PM
To: Sarah Ogden; Sara Carter
Subject: Re: community relations committee
 
I have not been given an answer about the flood areas in the Scott's Hill location.

I just glanced at our local paper.  On the front page there is an article about the possibility of
the YMCA moving to one of two locations.....one in our town.
It is my opinion that we, as a committee, meet once again before presenting a report to
council.  I am very concerned about the way the entire tour...discussion...report....is going to
be presented.  

I personally believe it is in the best interest of our town, especially when there is a 50% chance
that the YMCA project may move our way, to hold off presenting your comments/report
tonight.  Information was presented to them that may or may not be factual, since we
discovered various changes once the survey was read.  

I hope we may meet one more time before presenting our joint findings to council.  We need
to be correct in our discussion / presentation.

It's your call.

Please respond about the flooding & the decision to present tonight or not.

Thank you,

JNW

From: Janice Wheaton

Sent: Tuesday, June 11, 2019 10:15 AM
To: Sarah Ogden; Sara Carter
Subject: Re: community relations committee
 
I appreciate your answers to my questions about the flood areas at your earliest convenience.

Also, for the record, please add that  I do not recommend we proceed with this project due to
me not having adequate answers to questions I have asked.

Thank you.

JNW

From: Janice Wheaton

Sent: Tuesday, June 11, 2019 10:10 AM
To: Sarah Ogden; Sara Carter
Subject: Re: community relations committee
 
Okay.

This may need to be answered by Sara Carter.

How many acres are in the flood zone?

How many acres are not in the flood zone?

Thank you.

JNW

From: Sarah Ogden

Sent: Tuesday, June 11, 2019 8:21 AM
To: Janice Wheaton; Sara Carter
Subject: Re: community relations committee
 
Good morning:
Tomorrow we are reporting on the meeting that we had. We will present to council the
division the committee finds itself in. And I will state the reasons for the division. The
questions you cited are still in depth questions, the ones that are relevant, and will be
answered as the process continues.  Council as a whole will have to decide if/how we will
proceed.
Sarah

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From: Janice Wheaton

Sent: Tuesday, June 11, 2019 7:46:16 AM
To: Sara Carter; Sarah Ogden
Subject: community relations committee
 
May I have a response to my request to postpone discussion about the Scott's Hill property to
council until a later date?

Thank you,

JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
Date: Tuesday, July 9, 2019 9:24:58 AM

Did you meet with Rob Arnold to discuss the park project?

Others?

Thank you.

JNW

From: Janice Wheaton

Sent: Wednesday, July 3, 2019 3:33 PM
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Thank you.

JNW

From: Sara Carter

Sent: Wednesday, July 3, 2019 2:24 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
No ma’am. 
 
One will be sent out for the two weeks either tomorrow or Friday.
 
From: Janice Wheaton
Sent: Wednesday, July 3, 2019 1:18 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Was a weekly report sent out for week ending June 28, 2019?
 
Thank you.
JNW

From: Janice Wheaton

Sent: Saturday, June 29, 2019 10:13 AM
To: Sara Carter
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Carter,
 
I was under the impression that Ms. Hunt recorded minutes and then presented to Council for
review.  That is why I replied to her.
 
 
If it's not Ms. Hunt's decision re what is included or omitted, and it's up to you, I now ask you,
again, to make the corrections to the minutes that I requested.
 
 
I know your answer.  Bring it up to Council during our July meeting.
 
I am positive that Mayor Tuggle won't object as he chose to do what he did.
I just want it recorded.
 
 
 
Thank you,
 
JNW
 
 
 
 
 

From: Sara Carter

Sent: Saturday, June 29, 2019 10:04 AM
To: Janice Wheaton
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
There is a standard practice within the Town that has been followed for years regarding what is
included and not included within the minutes. Ms. Hunt is following that practice, carefully and
rigorously. 
 
Other than corrections that are due to clerical mistakes or clarifications of actions, Council should
make no requests for changes to Ms. Hunt. The decision of what gets included in the minutes for
Council’s consideration is mine. Once they have been cleared by me, Ms. Hunt disseminates them to
Council. The type of substantive change you would like in how actions are recorded needs to be a
Council decision. It is a departure from our standard practice. 
 
While I understand your frustration, and I recognize that you have the right to contact staff people
as any citizen may, as a Councilor, it is against the Town’s Charter and your Code of Ethics for you to
be directing any staff member other than myself. Your last email that included Ms. Hunt had no
reason to do so. There was no issue that she needed to be pulled into. Ms. Hunt should not have to
be privy to these types of debates and discussions other than the outcome that directs her, nor
should her work hours be taken up with them. This has an effect on the ability of staff to manage
their work time appropriately and it affects morale. Please direct your requests and questions to me.
 Your request is not a simple request for a correction. It is a change in practice. 
 
As always, I will make Council aware of your concerns. As the manager, the channels of
communication are being kept open. But these channels should not include any other staff members
other than myself or Mr. Berry if it is a legal issue. In the future, please direct all communication
regarding Town business to no other staff members. 
 
Thank you, 
Sara
 
Get Outlook for iOS

From: Janice Wheaton <janice.wheaton@amherstva.gov>

Sent: Saturday, June 29, 2019 9:45 AM
To: Sara Carter; Vicki Hunt
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
 
I most certainly will bring it up for discussion.
 
I am disappointed that this is a 'pick and choose' as what's being recorded and not being
recorded in minutes.
 
Is this Ms. Hunt's decision?  Your decision?  Mayor's decision?
 
 
I will reply to whomever I wish, especially if it is as simple as a correction to this sort of thing.
 
Thank you.
 
JNW

From: Sara Carter

Sent: Saturday, June 29, 2019 9:41 AM
To: Janice Wheaton
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
The requested change is a discussion for Council. Please make that request at the meeting if you
would like to do so.
 
Please direct any future requests to me, rather than staff.
 
Thank you,
Sara
 
 
 
Get Outlook for iOS

From: Janice Wheaton

Sent: Saturday, June 29, 2019 9:39:05 AM
To: Sara Carter; Vicki Hunt
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
I know what it states.  I'm asking Ms. Hunt to add to it that....
 
  MAYOR TUGGLE removed the matter from the committee....
 
In addition, please state that MS. WHEATON OBJECTED TO HIM DOING SO.
 
 
Thank you.
 
JNW
 
 

From: Sara Carter

Sent: Friday, June 28, 2019 4:54 PM
To: Janice Wheaton
Subject: RE: Town Council June 12, 2019 Minutes for Consideration
 
Ms. Wheaton,
 
The draft minutes already note that the park matter has been removed from the committee and
referred to staff for additional work.
 
Please let me know if you have any questions.
 
Hope to see you tomorrow!
 
Sara
 
From: Janice Wheaton <janice.wheaton@amherstva.gov>
Sent: Friday, June 28, 2019 4:19 PM
To: Vicki Hunt <vicki.hunt@amherstva.gov>
Subject: Re: Town Council June 12, 2019 Minutes for Consideration
 
Please add that  Mayor Tuggle removed the park matter from the Community Relations
Committee.
 
Thank you.
 
JNW

From: Vicki Hunt

Sent: Thursday, June 27, 2019 10:43 AM
To: Vicki Hunt
Subject: Town Council June 12, 2019 Minutes for Consideration
 
Good morning,
 
The minutes of the June 12, 2019, meeting are attached for your consideration. 
 
Please let me know if there are any substantive revisions requested/required.
 
Thank you very much,
 
Vicki
 
 
 
Vicki K. Hunt
Clerk of Council
Town of Amherst
174 S. Main Street
P. O. Box 280
Amherst, VA  24521
(434) 946-7885
Fax: (434) 946-2087
 
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Tuesday, July 9, 2019 9:18:16 AM

Thank you.
JNW

From: Sara Carter

Sent: Tuesday, July 9, 2019 8:45 AM
To: Janice Wheaton
Subject: RE: RE:
 
Ms. Wheaton,
 
The square footage of the main floor is 2,100 square feet.
 
Sara
 
From: Janice Wheaton
Sent: Tuesday, July 9, 2019 8:30 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: RE:
 
At this point in time, I am curious as to what the square footage is of the  main floor.
 
Thank you.
JNW

From: Sara Carter

Sent: Monday, July 8, 2019 5:06 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
The renovation of the building is only for the main floor.  There is some ancillary systems that will be
located in the basement.  Is there specific information that you are looking for?
 
What specifications are you seeking?  A copy of the bid response?  The floor plan?  The HVAC and
electrical plans?  No Council member reviewed any of those plans.  That is a staff function.
 
I will forward you the asbestos report. 
 
Furnishings are yet to be determined.  Funding for the Police Department comes from the general
fund.
 
Sara
 
From: Janice Wheaton
Sent: Monday, July 8, 2019 1:22 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
RE:  Police Department
 
At this time, are you only working on the jail's main floor?
 
Please send me a copy of the 'specifications' for this building.
Who from Council reviewed these specs?
 
As asbetos been discovered in this building?
 
How much money will it cost to purchase furniture, etc. for this building?
Where will the funding come from?
 
Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Tuesday, July 9, 2019 8:29:36 AM

At this point in time, I am curious as to what the square footage is of the  main floor.

Thank you.
JNW

From: Sara Carter

Sent: Monday, July 8, 2019 5:06 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
The renovation of the building is only for the main floor.  There is some ancillary systems that will be
located in the basement.  Is there specific information that you are looking for?
 
What specifications are you seeking?  A copy of the bid response?  The floor plan?  The HVAC and
electrical plans?  No Council member reviewed any of those plans.  That is a staff function.
 
I will forward you the asbestos report. 
 
Furnishings are yet to be determined.  Funding for the Police Department comes from the general
fund.
 
Sara
 
From: Janice Wheaton
Sent: Monday, July 8, 2019 1:22 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
RE:  Police Department
 
At this time, are you only working on the jail's main floor?
 
Please send me a copy of the 'specifications' for this building.
Who from Council reviewed these specs?
 
As asbetos been discovered in this building?
 
How much money will it cost to purchase furniture, etc. for this building?
Where will the funding come from?
 
Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Tuesday, July 9, 2019 8:25:59 AM

Due to you not being sure if you will have all of the answers, I'll just wait for the Mayor's
response to my request.

Please keep me informed.

Thank you.
JNW

From: Sara Carter

Sent: Monday, July 8, 2019 5:00 PM
To: Janice Wheaton
Subject: RE: RE:
 
Ms. Wheaton,
 
I do not know if all of your questions/issues will be addressed at the July closed session, as I do not
know all of them. 
 
You may write questions in email, but I would not advise you to do so, and I would not answer
them.  Doing so jeopardizes the protection of closed session.  If you would like answers to your
questions, I would be happy to meet with you and go over those questions and answer all that I
could. 
 
Sara
 
From: Janice Wheaton
Sent: Monday, July 8, 2019 1:07 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject: Re: RE:
 
Will my request for details about all legal issues / questions that I have be addressed at the
July closed meeting?  (I requested that my questions be addressed in June, if possible.  They
were not.).  
 
Yes, I have specific questions that I am more that willing to address in an email, if that is what
you wish.
 
Thank you.
 
JNW
 
 
 
 

From: Janice Wheaton

Sent: Friday, July 5, 2019 11:38 PM
To: Sara Carter
Subject: Re: RE:
 
I just noticed that a closed session has been scheduled for next week.
 
If possible, please do what is necessary to add my questions to that meeting.
 
In addition, I may have other questions that I will email you (during the weekend) regarding
other matters.  Please know that I do not expect any response until you return to your office
next week.
 
I will stop by town hall to pick up my paperwork (Monday morning).
 
Thank you,
 
JNW

From: Janice Wheaton

Sent: Friday, July 5, 2019 11:28 PM
To: Sara Carter
Subject: Re: RE:
 
I am asking who is the attorney that was looking into this matter.  I will ask more questions in
the closed session.
 
In addition, what is the status of the building that houses the jail?
(In a previous email, Mr. Berry said this needed to be discussed in a closed session.  I have
been waiting for one to be scheduled and have not heard from anyone.)
 
If we must have a closed session in order to get answers to my two questions,
please schedule one.  
 
 
 
Thank you.
JNW
From: Sara Carter
Sent: Friday, July 5, 2019 9:39 AM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
Once the packet is completed, I will have a copy available for you to pick up at the front desk.
 
As to the other matter, I am unsure what you are asking or requesting.  Additionally, this is a closed
session matter, so an email conversation is not appropriate, as it potentially opens up any discussion
to FOIA or court requests.  That matter has had no further action or information since the closed
session.  There is no further information to share.
 
Sara
 
 
 
From: Janice Wheaton
Sent: Friday, July 5, 2019 8:45 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
Would you be able to copy me the paperwork/packet for the July 10 Town Council meeting?
 I'm guessing you will have it available sometime today.  If so, would you please leave it at the
front desk?  I will not be at my computer this morning so I'll call your office later to see if /
when it will be ready.  
 
Also, I would like to know the name of the person who was handling the potential case that
was discussed in the 4/10/19 closed session.  I understand tapes, etc were turned over to this
person.
 
Thank you.
 
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Tuesday, July 9, 2019 8:22:18 AM

Thank you.
JNW

From: Sara Carter

Sent: Monday, July 8, 2019 5:02 PM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
The County is proceeding with the mural project.  It is a County building with no further input
required from the Town, and we have no other involvement.  I understand the project will be
completed this summer.
 
We have heard nothing further from the YMCA board, and the status of the project is the same as it
was when you received your last update.
 
Sara
 
From: Janice Wheaton
Sent: Monday, July 8, 2019 1:13 PM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
RE:  Mural Proposal
 
 
RE:  YMCA
 
 
May I receive an update / status on the two projects referenced above?
 
 
Thank you,
 
JNW
From: Janice Wheaton - shared
To: Sara Carter
Date: Monday, July 8, 2019 1:22:20 PM

RE:  Police Department

At this time, are you only working on the jail's main floor?

Please send me a copy of the 'specifications' for this building.

Who from Council reviewed these specs?

As asbetos been discovered in this building?

How much money will it cost to purchase furniture, etc. for this building?
Where will the funding come from?

Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Date: Monday, July 8, 2019 1:22:20 PM

RE:  Police Department

At this time, are you only working on the jail's main floor?

Please send me a copy of the 'specifications' for this building.

Who from Council reviewed these specs?

As asbetos been discovered in this building?

How much money will it cost to purchase furniture, etc. for this building?
Where will the funding come from?

Thank you.
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Monday, July 8, 2019 1:06:59 PM

Will my request for details about all legal issues / questions that I have be addressed at the
July closed meeting?  (I requested that my questions be addressed in June, if possible.  They
were not.).  

Yes, I have specific questions that I am more that willing to address in an email, if that is what
you wish.

Thank you.

JNW

From: Janice Wheaton

Sent: Friday, July 5, 2019 11:38 PM
To: Sara Carter
Subject: Re: RE:
 
I just noticed that a closed session has been scheduled for next week.

If possible, please do what is necessary to add my questions to that meeting.

In addition, I may have other questions that I will email you (during the weekend) regarding
other matters.  Please know that I do not expect any response until you return to your office
next week.

I will stop by town hall to pick up my paperwork (Monday morning).

Thank you,

JNW

From: Janice Wheaton

Sent: Friday, July 5, 2019 11:28 PM
To: Sara Carter
Subject: Re: RE:
 
I am asking who is the attorney that was looking into this matter.  I will ask more questions in
the closed session.

In addition, what is the status of the building that houses the jail?
(In a previous email, Mr. Berry said this needed to be discussed in a closed session.  I have
been waiting for one to be scheduled and have not heard from anyone.)

If we must have a closed session in order to get answers to my two questions,

please schedule one.  

Thank you.
JNW

From: Sara Carter

Sent: Friday, July 5, 2019 9:39 AM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
Once the packet is completed, I will have a copy available for you to pick up at the front desk.
 
As to the other matter, I am unsure what you are asking or requesting.  Additionally, this is a closed
session matter, so an email conversation is not appropriate, as it potentially opens up any discussion
to FOIA or court requests.  That matter has had no further action or information since the closed
session.  There is no further information to share.
 
Sara
 
 
 
From: Janice Wheaton
Sent: Friday, July 5, 2019 8:45 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
Would you be able to copy me the paperwork/packet for the July 10 Town Council meeting?
 I'm guessing you will have it available sometime today.  If so, would you please leave it at the
front desk?  I will not be at my computer this morning so I'll call your office later to see if /
when it will be ready.  
 
Also, I would like to know the name of the person who was handling the potential case that
was discussed in the 4/10/19 closed session.  I understand tapes, etc were turned over to this
person.
 
Thank you.
 
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: RE:
Date: Friday, July 5, 2019 11:28:16 PM

I am asking who is the attorney that was looking into this matter.  I will ask more questions in
the closed session.

In addition, what is the status of the building that houses the jail?
(In a previous email, Mr. Berry said this needed to be discussed in a closed session.  I have
been waiting for one to be scheduled and have not heard from anyone.)

If we must have a closed session in order to get answers to my two questions,

please schedule one.  

Thank you.
JNW

From: Sara Carter

Sent: Friday, July 5, 2019 9:39 AM
To: Janice Wheaton
Subject: RE:
 
Ms. Wheaton,
 
Once the packet is completed, I will have a copy available for you to pick up at the front desk.
 
As to the other matter, I am unsure what you are asking or requesting.  Additionally, this is a closed
session matter, so an email conversation is not appropriate, as it potentially opens up any discussion
to FOIA or court requests.  That matter has had no further action or information since the closed
session.  There is no further information to share.
 
Sara
 
 
 
From: Janice Wheaton
Sent: Friday, July 5, 2019 8:45 AM
To: Sara Carter <sara.carter@amherstva.gov>
Subject:
 
Would you be able to copy me the paperwork/packet for the July 10 Town Council meeting?
 I'm guessing you will have it available sometime today.  If so, would you please leave it at the
front desk?  I will not be at my computer this morning so I'll call your office later to see if /
when it will be ready.  
 
Also, I would like to know the name of the person who was handling the potential case that
was discussed in the 4/10/19 closed session.  I understand tapes, etc were turned over to this
person.
 
Thank you.
 
JNW
From: Janice Wheaton - shared
To: Sara Carter
Subject: Re: Weekly report
Date: Friday, July 5, 2019 8:45:51 AM

Thank you.
JNW

From: Sara Carter

Sent: Thursday, July 4, 2019 12:21 PM
Cc: Tracie Wright; Vicki Hunt; Bobby Shiflett; Becky Cash; GSW; Charles Thompson; Keith Falls;
Tammy
Subject: Weekly report
 
All,
 
Please find attached a two week version of the weekly report.  I apologize for missing a week-
somehow with the event last Saturday, I just never got  caught up to get it done…so it is a bit long
this time.
 
Have a wonderful July 4th! 
 
Sara
 
 
 
Sara Carter
Town Manager, Town of Amherst
P. O. Box 280/174 S. Main St.
Amherst, VA  24521
434.946.7885
www.amherstva.gov
 
 
 
From: Janice Wheaton - shared
To: Sara Carter
Date: Friday, July 5, 2019 8:45:20 AM

Would you be able to copy me the paperwork/packet for the July 10 Town Council meeting?
 I'm guessing you will have it available sometime today.  If so, would you please leave it at the
front desk?  I will not be at my computer this morning so I'll call your office later to see if /
when it will be ready.  

Also, I would like to know the name of the person who was handling the potential case that
was discussed in the 4/10/19 closed session.  I understand tapes, etc were turned over to this
person.

Thank you.

JNW