Rock Hall Mayor Robert Willis’ attempt to gain access to the town’s online banking system, and also keep public documents in his possession from a contentious closed session on April 28, has met a wall of resistance from a majority of the Town Council.
At the end of business Friday, May 10, Willis demanded the username and password to the town’s online banking system from Clerk Treasurer Stephanie Loller. She denied the request because her bond could be revoked for sharing passwords with someone who is not bonded.
“There’s no information [Willis] can’t get by simply asking the treasurer,” said Town Manager Ron Fithian. “And the auditor agrees that Loller’s bond would be in jeopardy if she gave out the passwords.”
Newly appointed Vice Mayor Brian Jones, Councilmen Brian Nesspor and Olin “Butch” Price, agreed immediately to oppose Willis’ request.
Access to the banking system would allow Willis to move money between accounts.
Fast forward to late Friday, May 17, when Willis again demanded the passwords–or an explanation from Loller explaining why she would not hand them over.
Willis’ demand coincided with a reprimand to Fithian for alerting members of the council of Willis’ first request for passwords on May 10.
But the town’s attorney, Charles “Chip” MacLeod, agreed with the three councilmen that access should be restricted to the individual who is bonded to handle the town’s finances–and any changes should be formally requested in writing and put to a vote before the council.
In Loller’s response to Willis’ request on May 17, she said she was advised by MacLeod, Jones, and Fithian not to release the passwords. She said it was not a common practice to allow elected officials access to the banking system.
Officials close to Rock Hall government have questioned whether Willis could actually be underwritten for a bond because of previous criminal convictions in 1996 for narcotics distribution and possession of a short barrel shotgun in a school zone.
Loller is insured with the Hartford Insurance Agency, which asks for a criminal history at the time of application.
In a recent interview with the Spy, Willis said he was ultimately responsible for the town’s finances.
“I have to trust that everything is being handled correctly,” Willis said. “I’m ultimately in charge of the town, and I can tell you that checks have gone out of here with the only one signature.” The Spy asked for but never received proof that checks were processed without two signatures.
The town code requires that two signatures be on every check issued by the town, and only the mayor, vice mayor, and town manager can sign checks.
“The bank would never pay on any check without two signatures,” Fithian said. “They are not allowed to, it’s that simple.”
Missing Tapes
More than 12 hours of tape recordings from a contentious closed session on April 28 have not been transcribed — and have remained in Willis’ possession since. A source close to Rock Hall government said the tapes portray a marathon of bitterness and heated arguments among council members over Willis’ attempt to fire Fithian as Town Manager. The tapes would also reveal which council members agreed to offer Fithian $40,000 to step down.
The Spy received a leaked copy of a letter from MacLeod to Willis–strongly protesting Willis’ decision to hold the tapes in his private possession.
Regardless of what was specifically discussed about the tapes, the current situation is unacceptable for the best interests of the Town. I am hard pressed to imagine a scenario involving a local government client where an attorney in our Local Government Practice Group would recommend or condone that closed session meeting recordings be removed from government property premises to be held in the personal custody and control of an individual elected official. Quite frankly it would be imprudent and unfair to expect an individual Town elected official to assume such burden of responsibility and liability.
Every day that the subject closed session tapes are not properly filed and accounted for, as recommend by legal counsel, the risk of liability to the Town mounts. What credible assurances can be made today, and by whom, that the confidentiality and privacy of those tapes has been maintained since the time they were removed from the Town office? Typically such assurances are made by the official custodian of public records.
Once again I strongly urge that you return the tapes immediately to the Town office, or alternatively to our possession as Town Attorney.
Sources said that Willis recently opened a safe-deposit box in the name of the Town of Rock Hall and will not reveal the contents. Jones said he was told by People’s Bank that he did not have access to the safe deposit box.
Councilwoman Susan Francis is on vacation in Florida and could not be reached to give her position on the missing tapes or whether Willis should be granted access to the Town’s bank accounts.
Bill Anderson says
The Town Council should immediately direct its attorney to petition a court of competent jurisdiction to order the return of all town materials in the possession of Mr. Willis to the town record keeper or to surrender all such materials to the court until a determination is made concerning custody of the materials. The Council should also promptly instruct its legal counsel to determine the most expedient legal manner to remove the mayor from his office, and immediately move to do so.
Gerry Levin says
Now that the soaps have gone off the air, this is even better ! !
Liz Smith says
Has Mayor Willis ever requested access to the Town’s online banking in the past? What accounts could he move money between; begging the question of whether there is more than one Town account and why he would want to move funds ? Perhaps the bank can verify whether all checks have had the required two signatures. It seems that there are numerous allegations and gaping holes in the facts. In order to move forward, there needs to be the finding of facts, followed by a rational analysis of where the problems may or may not lie and logical solutions implemented. Understandably, emotions are running high and it is likely that the Town may benefit from a review of its’ practices so that they are consistent and professional on all levels. This could be an opportunity for learning and overall better government.
This unfortunate situation seems to be headed in a direction that will require some form of outside legal intervention or mediation.
Jack Offett says
Am I missing something? Why is anyone out there apologizing and creating cover for Mayor Willis. Some people cannot handle leadership. Clearly he cannot. I can only imagine where his parents’ business will be when he takes over completely. This is one more black eye on a great town at the hands of one man.
Chris Carey says
A very well written story. My hat off to Mr. Menefee!
Gren Whitman says
“There once was a mayor named Bob
Who wasn’t quite up to the job…”
For April alone, Willis’ shenanigans cost Rock Hall $4,767 in legal fees, and the bills are still accumulating.
In addition to being incompetent, Willis is simply not affordable!
MBTroup says
As the Town’s auditors would tell the interested parties (at least I’d hope so), clearly defined segregation of duties is the basis for strong internal controls. I would wager that Peter Franchot doesn’t have access to the State’s bank account. You can’t have the person charged with laying and collecting revenues also in charge of the outflows.
https://www.aicpa.org/InterestAreas/InformationTechnology/Community/Pages/Value%20and%20Strategy%20through%20Segregation%20of%20Duties.aspx
carol cameron says
Mayor Willis is obviously on to something. There is much more here than the public has been told. Since he is encountering roadblocks in his search to assemble and document the incriminating evidence, Mayor Willis should realize he can’t do this on his own.
It is time for him to call on the State Prosecutor’s Office for help. That’s their job, investigating misconduct and ethics violations by public officials and public employees anywhere within the state.
There is a ton of conflict of interest here involving more people than you can count. It’s time to bring in the big guns to do some serious housecleaning that is long overdue!
Cora Dickson says
Carol there is a difference between “where there is smoke there’s fire” and “smoke and mirrors.”
I have full trust in Brian Jones. He’s now next in line and I think he would do a far better job. He understands how much Willis’ reckless behavior has detracted from the real issues.
carol cameron says
Cora, sorry to say I disagree with you. Strongly. I have zero confidence in Brian Jones. Zero. Less than.
Have you looked over his record since he has been head of the volunteer fire dept? Jeeez, it makes anyone cringe. Putting him in as “Vice Mayor” was pretty transparent, wasn’t it? To think he could possibly handle the duties of mayor if need be – Yikes again = Sorry to have to be blunt (and redundant) but –
Yikes! Pretty much all that can be said.
Gren Whitman says
@ Carol Cameron…funny, I’ve heard that Councilman Brian Jones was an excellent president of the volunteer fire department.
My observations of him as a councilman show him to be growing into the job…he will make an excellent “vice mayor” and possibly an excellent replacement for Bobby Willis when Bobby is forced out for all his shenanigans.
Jim Jones says
I have looked over his record as a matter of fact and no mention of drugs and assault weapons in school zones or logging his homestead at the town’s expense, so your point actually is a valid one; by that standard perhaps Brian is not qualified to run our fine town.
As far as his tenure as head of the fire department, were the trucks not well greased and shiny? The dalmatians not soaped and scrubbed?? Or is this another baseless open-ended slander where the arguing points come up a little lean in the end?
carol cameron says
@Gren Whitman:
You are talking to the wrong people.
If the RHVFD was run so well under Mr. Jones leadership, why are they always wanting money, roof was not installed properly and needs replacing, equipment outdated and some expired? Who decided it was smart to use extra money to pay down on principal when it should have been used to replace expired equipment? Whose leadership provided such poor oversight of the Halloween fund-raiser that live ammunition was present, resulting in a youngster actually being shot last year?
This is the same guy who made the juvenile gesture of refusing to shake hands with the mayor at the swearing-in ceremony. In public. That says a lot about his level of maturity for anyone paying attention.
Cora Dickson says
I really should not treat Carol’s allegations and insinuations with any respect, but I had to point out that Brian Jones retired from his position as President of the RHCFD in January 2012.
https://rockhallwave.com/2011/12/14/thank-you-from-brian-jones-to-rhvfc-and-rock-hall/
As for the handshake gesture being immature, it was indeed symbolic… but not of Brian’s immaturity, rather Mayor Willis’ loss of credibility after HIS immature actions.
I read an editorial in the Kent County News basically saying that the townspeople are unruly at the meetings. I do not think this would happen if Brian ran the meetings because he would show more respect. People are reacting to Willis’ style of leadership. What we need is someone who is well organized and thoughtful, & will take appropriate action — as it stands now, we have the two extremes of either ramming things through or sitting on it forever.
Brian Jones says
Carol,
I have been very hesitant to respond to your false statements. However, I thought I better clarify what you are posting. I have been a member of the Rock Hall Volunteer Fire Company since 2001, I am a firefighter and first responder. I have held the Offices of President, Vice President, Board of Director and Public Information Officer. During my membership, I have received numerous awards over the years including Firefighter of the year.
1.)The RHVFC is a non-profit organization that is made up of dedicated volunteers. The fire company depends on fundraisers, barbecues and booster drives to pay the bills, mortgage, etc. This is primarily the reason for always wanting money. This is common among all non-profits.
2.)I was not the general contractor that supervised the new building construction, therefore I don’t see how I can be blamed for the bad installation of the roof. Anyway, this repair has been paid for in full!
3.)The fire equipment is ultimately the responsibility of the Chief. Although, it is a team effort to keep it updated and maintained. Our equipment gets the job done!
4.)The majority of the Board of Directors made it their priority to pay down on the mortgage and then they will start replacing the fire equipment.
5.)I was NOT President of the Fire Company NOR the chairperson of the Halloween fundraiser last year!
I appreciate your comments but wanted to let you know that some of your information is incorrect.
carol cameron says
Thank you for the clarifications. I did not mean to imply you were currently serving as president at the time of the shooting incident, and I apologize for that. (John Toulson was actually president in Oct of ’12 ) The finger pointing was directed at you, however, so apparently there was some sentiment that slip-shod safety practices and discipline over the previous two years of “Spook Walk” culminated in the accidental shooting of the 16-year old.
If you wish to limit discussion strictly to the time you held the office of president, would you kindly answer this –
During that time, did you have knowledge that manufacturer’s expiration dates had passed on certain PPE items and certain other supplies, yet were still kept in inventory? And, during this same time, didn’t you vote to pay down the extra money on hand towards principal on the loan, instead of replacing the outdated safety equipment?
No one is questioning your record of service and thousands of hours of volunteerism you have given RHVFD. You are to be commended for such an impressive record of service to your community as a firefighter. What IS being questioned is whether you have what it takes to make intelligent decisions as a councilman. And, now, vice-mayor.
The job of vice-mayor should have gone to Francis or Nesspor. Was either asked, or had a chance to turn it down? Besides the obvious of having seniority to you on the council, at least those two have shown a willingness to listen to Mayor Wilis, keep an open mind, and not issue silly statements to the press insisting the mayor owes some sort of apology to the town.
Jake Baxter says
“Previous convictions for narcotics distribution and possession of a short barrel shotgun in a school zone”. It makes sense that be would question a nominal amount of money dispersed for plumbing repairs.
John Sirna says
Not so how long ago R H abandoned the Lord’s Prayer in Counsel Meetings. If we abandon God he might just abandon us and leave us to fight among ourselves rather than love one another.
Liz Smith says
We need solutions … The town government is nearly at a stalemate over this.
Tracey Middleton says
Kudos to Brian for setting the record straight…..I think you did a great job as president of RHVFD and I think you will do a great job as vice mayor.
I also agree with all the other comments made to Ms. Cameron. It is good to know that some great people live in Rock Hall.
Ms. Cameron always remember “People in glass houses should not throw stones” and “What comes around goes around”. I would mention the quote about karma but not allowed to use the b word. But you should remember that one too. And finally to Daniel Menefee great article thanks for keeping it real…keep up the good work.
rachel goss says
What’s the news on the tapes?
Missing checks? Oh, yes…they were found as voided, correct?
The grant? How’s that comin’?