The Northern Virginia Daily

April 17, 2010

Investigation of solar incentives sought

Councilman calls for authorities to look into possible bribe

By Ben Orcutt

Councilman Chris W. Holloway says that the town would be best served by seeking a criminal investigation of possible secret incentives and the offer of what some are calling a bribe regarding a proposed solar energy farm.

"It would be in the best interests of the town of Front Royal and its citizens to have the law enforcement authorities investigate the possible allegations in order to resolve the situation," Holloway said Friday.

Councilman Thomas H. Sayre said he would support such a probe.

"I would welcome an investigation, however, I don't appreciate [Vice Mayor] Bret Hrbek insinuating that I tried to sabotage the solar process," Sayre said. "Nothing is further from the truth. Unfortunately, Carter Glass [an attorney with the Richmond law firm of Troutman Sanders] recommended withdrawal of the entire RFP [a request for bids] because of alleged illegal discussions, and these discussions did not involve Tom Sayre. That's why I welcome an investigation, I have nothing to hide and the truth needs to come out."

Hrbek, who is seeking re-election to the council next month, as is Sayre, responded in kind.

"He should stop trying to sabotage the solar project if he doesn't want me to suggest that he is," Hrbek said.

Hrbek said he is basing his charge that Sayre has tried to sabotage the solar farm project "considering he has aligned himself with Carson [C.] Lauder [Jr.] and Chris Holloway to oppose everything that our [town] manager has done to advance this project."

Like Sayre, Lauder and Holloway have denied they are trying to sabotage the project.

Lauder believes the council first needs to gather more information before determining if an investigation is warranted.

"Right now I think the biggest thing to do is to build trust among us and to reopen the lines of communication," Lauder said. "Then we'll proceed from there as to whether we should pursue an investigation or not. In the future, as we know more about this, we can share more information with the public. We will continue to look for more facts. I think this issue will be resolved. It might take some time, but we we'll resolve the issue."

Hrbek laughed uncontrollably when asked if he felt there should be an investigation.

"It's the stupidest thing I've ever heard of," Hrbek said.

Tewalt, who is seeking re-election as mayor on May 4, said Holloway's suggestion of a criminal investigation is "a joke."

Tewalt said an investigation is not warranted because there were no secret meetings or secret incentives and no bribes were offered.

Likewise, Councilman Thomas E. Conkey said a criminal investigation would serve no purpose.

"What are they going to find?" Conkey asked. "There was nothing illegal done. No one's taken anything. This is just a political ploy by a group within the community to try to get a change of guard in council and the mayor's position. I just don't think it's necessary. I certainly would cooperate fully with any police investigation, however, if it were to be bribery, you would have to take something, and there was nothing taken and there was no contract awarded. So what's he going to investigate? It's beyond me."

In confidential documents released by a member of the council earlier this week, Megan C. Rahman, an attorney with Troutman Sanders who specializes in white-collar crime, provides an analysis of information provided by Town Attorney Thomas R. Robinett.

Based on Robinett's report, she states that while no bribe was accepted, it appears that incentives were secretly offered by one of the top three companies that responded to the town's request for bids on the solar project, and if that is the case, they constitute a bribe being offered.

Rahman says in her analysis that based on the information Robinett provided about the incentives, "the actual offer itself does constitute the type of benefit that would be considered a bribe under" state law.

Under "background," she notes that after the 30-35 responses from interested firms were narrowed, it came "to the Town Attorney's attention that ... one of the top three companies secretly offered incentives to the Town Manager that were not contained in its written response to the RFP."

According to Rahman's memo, the firm "offered to open a manufacturing facility in the Town to make solar panels that would result in 200 local jobs, in addition to offering a payment to the Town of $1.2 million."