Clerk-Treasurer Galloway, attorney respond to budget controversy

Cheryl Galloway

CLOVERDALE -- Currently embroiled in the ongoing controversy revolving around the recent termination of former Town Manager Wayne Galloway, Cloverdale Clerk-Treasurer Cheryl Galloway denies any wrongdoing.

Attorney Graham Youngs of Steuerwald, Witham & Youngs in Danville sent a press release Thursday to the Banner Graphic stating rebuttals to “unfounded” allegations brought against Cheryl and Wayne Galloway.

Specifically, he focused on the salaries earned by both the town manager and the building inspector, positions which Mr. Galloway effectively held until March 26. However, he was hired to act as Cloverdale’s building inspector on an interim basis in 2017.

Mr. Galloway filed a lawsuit against the town earlier this month alleging he had been illegally terminated without a public meeting having taken place concerning such decision. His attorney, Mark Waterfill, provided he was given an ultimatum to either resign or be fired during an executive session on March 24.

“As a legal matter, a town council can speak or act officially only through minutes and records made at duly authorized meetings,” Youngs wrote. “This means that the Council’s minutes and ordinances are the controlling evidence of the Council’s actions.”

Youngs detailed that the building inspector’s salary was discussed during the Cloverdale Town Council’s session on March 24, 2019. He provides that the meeting’s minutes reflect that the council considered raising the salary in order to attract a full-time employee to fill the position.

Youngs also cited the minutes from the council’s meeting on June 11, 2019, which provide that the building inspector’s salary was fixed at $40,000. The minutes state further that, “The Clerk went over each line item from 2020 Budget Form 1 which was presented and explained. No question on budget numbers.”

Youngs also wrote that the council held a public hearing on the 2020 budget on Aug. 13, 2019, and that there were no comments or changes made. The council’s next regular meeting held on Sept. 10, 2019 was when the budget was officially adopted.

On Dec. 17, 2019, the council adopted a salary ordinance with the town manager’s salary at $47,476 and the building inspector’s at $40,000. Youngs noted that the council understood that Mr. Galloway would perform those duties.

Besides citing these records, Youngs touted Mrs. Galloway’s performance as clerk-treasurer as being fiscally responsible.

“Town records show, for example, that Mrs. Galloway’s efforts have led to significant improvements in the Town’s sewage operating and sewage depreciation funds,” he wrote. “As a steward of the taxpayer’s dollar, Mrs. Galloway has recently raised questions about the Council spending more money than the Town receives.”

For her part, the clerk-treasurer is casting the allegations of malfeasance against her and Mr. Galloway as politically motivated.

“It is unfortunate that there are some in the community who have made unfounded allegations against me for political gain,” Galloway wrote. “I encourage anyone with questions to review my record, the Council meeting minutes, and the Ordinances the Council signed and approved, which show that I have consistently fulfilled my duties to the taxpayers of Cloverdale.

“Despite these unfair accusations, I promise to continue to do my job,” she added.

It was suggested during the council’s recent session on April 14 that Mrs. Galloway hired an attorney to act as a kind of intermediary between her, the council and its legal counsel Daniel Hofmann. The town attorney also referenced a pending investigation into both Mrs. Galloway and her husband by an “outside law enforcement agency.”

Youngs provided that he also sent a letter to the council Thursday with a response to the complaints now being levied against Mrs. Galloway.

“Any suggestion that Mrs. Galloway deceived the Town Council or engaged in wrongdoing is undermined by the 2019 meeting minutes, Ordinance 2019-15, and payment vouchers the Council signed and approved regarding salaries for Town Manager and Town Building Inspector, which were positions the Council knew Mr. Galloway was fulfilling,” Youngs concluded in the press release.

“I am hopeful the letter I sent today will put to rest these unfounded and unfair allegations made against my client and allow the Town’s elected officials to focus attention on genuine issues facing the Town.”