Latest news with #Martingayle
Yahoo
03-06-2025
- Business
- Yahoo
Attorney: ‘Failure of city leadership' in Mt. Trashmore carnival closure
VIRGINIA BEACH, Va. (WAVY) — The lawyer representing the producer of the Mount Trashmore Summer Carnival said his client and all those who enjoyed the annual event are suffering due to 'a failure of city leadership.' Specifically, Attorney Kevin Martingayle said he is referring to the fact that the city required the operator have a certain number of off-duty police and sheriff's deputies to work the event before making sure they had the officers to fill those roles. 'It's a failure on the part of the people who are involved in making the demands for the security plan, refusing to considering the alternatives, and then canceling it,' Martingayle said. 'That is a failure, and everybody involved in that should be held accountable.' City orders Mt. Trashmore Carnival to close due to public safety staffing shortages Martingayle's client is Joel 'Jody' Cadwell, owner National Events Management Service. Cadwell founded and produced the Mount Trashmore Summer Carnival for 35 years. Initially set to run from the park's parking lot May 23 until June 17 excluding Wednesdays, on Sunday, May 25, Cadwell received notice to 'cease operations.' Virginia Beach City Manager Patrick Duhaney told City Council members that same day that the Virginia Beach Sheriff Office and Virginia Beach Police Department could not provide the number of personnel required by the agreed-upon security plan, thus 'out of an abundance of caution' the event was canceled. While Cadwell agreed to a more robust safety plan in light of the homicide of Jeyani Upshur, 15, one year earlier not far from the carnival gates, Martingayle said at no time was his client advised there could be a staffing issue. Cadwell signed the service agreement with the city May 14, less than two weeks before the carnival started. 'It's incumbent upon the city in the sheriff's department to say when they've got a manpower problem, and they could not possibly have just figured that out a few days before the carnival opened,' Martingayle said. 'I mean, come on. That just defies common sense. And if that's actually what happened, then they need to go back and they need to redo all of their planning and all of their communications, because you know what? That's just not good enough. It is really poor performance.' The city uses a program called 'Off Duty Management' where officers can sign up for extra work, with their pay coming from the event organizers. Sheriff Rocky Holcomb initially said not enough deputies signed up to provide the coverage inside of the event. The plan called for nine to 14 deputies to be stationed inside the carnival footprint. Toni Guagenti, a spokesperson for Holcomb, said Monday that the sheriff was able to essentially rally deputies to work the event on the first weekend, but came to a decision he could not continue to make the effort due to lack of support. In a statement last week, Duhaney characterized the staffing as 'unanticipated.' Duhaney also explained why he rejected Cadwell's proposal to hire private security in place off off-duty law enforcement officers. 'An event of this size and scope requires public law enforcement officers with the authority to enforce laws, whereas private security alone has limited powers,' Duhaney said. Martingayle is of the impression the carnival 'just wasn't a priority item for the city.' 'We know from watching other events that you often will have a blend of police officers, sheriff's deputies and private security,' Martingayle said. 'So why wasn't that good enough in this instance? We even offered, if they were short an officer or a deputy, we would replace each missing one with two certified private security officers. Division of Criminal Justice Services, they have to go through a certification process. They have a lot of powers that are outlined in the Code of Virginia.' Martingayle said it is now too late for this year's carnival. The 22 rides, concessions and games from Florida-based Deggeller Attractions were removed from the lot at Mount Trashmore over the weekend and is now being stored at the Virginia Beach Sportsplex. 'I can tell you that if I had an event that I was going to bring to the city of Virginia Beach, where I had to submit a security plan and there's any use of public resources such as sheriff's deputies and police officers, I would be very nervous,' Martingayle said. 'I'd be very nervous about investing my time, money and effort into such a thing, knowing that at any point they could simply say we don't have enough people available.' While Martingayle couldn't say if he plans to pursue legal action against the city, he said his number one goal is making sure this doesn't happen again. 'We've got to do better as a city if we want to be a true destination for different kinds of entertainment events,' Martingayle said. 'We have to make sure that we don't fall short and cause something to fail. That's a failure of city leadership as far as I'm concerned.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-01-2025
- Politics
- Yahoo
Accomack County school board admits to violating FOIA law while firing superintendent
Rhonda Hall has spent her life and career in Accomack County on Virginia's Eastern Shore. Her career there began 36 years ago, when she took a job as a second grade teacher at North Accomack Elementary School. From there, she became assistant principal, principal and assistant superintendent. In June 2023, she was awarded the school district's top job of superintendent, making her the first woman and first Black person to hold the position. It seemed like a dream come true. But just 15 months later, the Accomack County School Board abruptly fired her in a 5-4 vote. Three months later, Hall said, she still doesn't know why. 'All I was told was that they wanted to go in a different direction,' she said. 'Why didn't they come to me and say 'We want to go in a different direction.'' Last week, the school board agreed to settle a lawsuit that alleged the panel violated several provisions of the state's Freedom of Information Act when it hastily scheduled the Oct. 23 meeting to fire Hall. The lawsuit was filed in December by a local teacher and three county residents who opposed Hall's firing and the way it was handled. The claim was filed by Virginia Beach attorney Kevin Martingayle, who also represents Hall. The lawsuit said the board didn't provide three days notice for the meeting, failed to list an address for it and held it in a conference room that wasn't big enough for members of the public to attend. The board's notice also stated it was a 'closed special meeting,' even though parts of it were open. The lawsuit alleges Hall's firing should be ruled void because the meeting when it happened was illegally held. In its settlement, the board acknowledged it violated the FOIA law, but contended the infractions were not intended. The panel also promised to follow the rules in the future, and agreed to pay the group's attorney's fees. A lawyer for the board didn't respond to a message seeking comment. School Board Chairwoman Janet Martin Turner also didn't respond to a message seeking comment. 'When you're elected, you're required to become familiar with FOIA,' Martingayle said. 'It's a violation of the law if you don't do that.' Over the last year, there has been a 'political shift' on the board, Martingayle said, with votes typically ending in the same 5-4 result. The lawyer said he believes the board members who wanted Hall out hastily scheduled the meeting, and kept the notice about it vague because they wanted to avoid backlash. 'Dr. Hall is a popular figure in Accomack,' Martingayle said. 'I think they didn't want to have to deal with the blowback they would have gotten if the public knew about it.' An online petition seeking Hall's reinstatement has gathered more than 400 signatures, and petitions seeking a recall of Martin Turner's position on the board also have been submitted. Hall hopes to resolve the issue of her firing out of court, but will sue if that doesn't happen, Martingayle said. In a statement released after Hall's termination, Martin Turner said the decision was made 'following a thorough review and consideration of various factors related to the leadership of our school district. We recognize the importance of an effective leadership team in fostering a positive educational environment for our students and staff. We believe it is in the best interest of the district to move forward with new leadership that aligns with our vision and goals.' The firing came just weeks after the county's sheriff complained to state officials that Hall failed to cooperate with his department's investigation into an alleged school violence threat. He said the superintendent told him he had to get a search warrant and make a request in writing to obtain the age, address, and parent names of students his office had requested. Lisa Coons, the state superintendent of public instruction, wrote a letter to Hallchastising her for her lack of cooperation, and the potential harm it could have caused. Hall, however, claims that school officials had already investigated and determined it was a misunderstanding based on rumors. She wrote in a letter to a local newspaper that the incident started with an argument between two girls at a football game. A student who heard the argument made a comment that the brother of one of the girls was in a gang and might come and shoot up the school, Hall wrote. One of the girls made the same statement to another student, who then told his mother. The mother then reported it to a teacher. Hall said all the people involved were interviewed, and it was determined that there was no threat. In an interview Thursday, Hall said student safety always has been a top priority for her. She had metal detectors installed in all the schools, where bags of everyone entering the building also are checked. She also implemented a policy that requires two school security officers to be at each school, with one stationed at the front entrance of the building throughout the day. Hall said she didn't know the board was considering firing her until a few hours before the meeting. She also didn't know that some members were unhappy with her performance. 'This was totally political,' she said. 'I did nothing wrong.' Jane Harper,
