Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 16, 1993 TAG: 9304160335
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: DAVID M. POOLE STAFF WRITER
DATELINE: LENGTH: Medium
PROBE FINDS CONFLICT IN LAND SWAP
Salem Mayor James E. Taliaferro breached the state conflict-of-interest law when he voted for a land swap that benefited his construction company in 1991, a special prosecutor said Thursday.But Taliaferro will face no criminal charges because there is no evidence that he intentionally broke the law, special prosecutor William G. Petty said.
"There is no evidence that the Mayor deliberately used his office for personal financial gain," Petty wrote in a six-page letter outlining the results of a four-month state police investigation.
Taliaferro, who has claimed all along that he had done nothing wrong, was unavailable for comment Thursday night.
William Senter, the mayor's political nemesis who requested the investigation, said he accepted the outcome.
"As long as it got aired and sufficiently investigated, that's all you can ask for," he said.
The state police investigation was less than a complete vindication for Taliaferro.
Salem Commonwealth's Attorney Fred King had disqualified himself from the case and appointed Petty, the Lynchburg commonwealth's attorney, as special prosecutor.
Petty concluded that Taliaferro breached the state conflict law on two occasions:
In 1987, a company owned in part by Taliaferro was a subcontractor on a $71,000 contract to install a new heating system at the Salem Civic Center. State law prohibits elected officials from having a personal interest in a contract with a government they serve.
In 1991, Taliaferro voted for a land deal that later benefited his construction company. State law prohibits elected officials from voting when they may realize a "reasonably foreseeable" benefit.
Petty said he did not focus on the 1987 civic center contract because the five-year statute of limitations had expired.
His decision not to prosecute Taliaferro in connection with the 1991 land deal turned on the fact that a public official cannot be found guilty of a conflict under Virginia law unless it can be proven that he knew he was breaking the law.
"This is obviously a much higher burden of proof than is required in the majority of criminal prosecutions," Petty said.
Petty said there was no way to prove that Taliaferro knew he was breaking the law when he voted in favor of the land deal, which involved his friend and business partner, Joe Prillaman.
In May 1991, Salem City Council paid Prillaman $303,700 to move his heating and air-conditioning business from land near the city's Moyer Sports Complex to a nearby industrial park. Prillaman later hired the mayor's company, Salem Contracting Inc., to construct a building at the new location.
Petty concluded that Taliaferro's vote was a violation of the law because he could have reasonably foreseen that he would get the contract to construct Prillaman's building.
But "there is no evidence that he was sufficiently familiar with [the law] to prove that he intentionally engaged in prohibited conduct," Petty concluded.
In his letter, Petty reminded Taliaferro of his responsibility to understand the law.
"I realize that serving in a small community increases the risk that you will be required to do business with friends or business associates and that conflicts, often more apparent than real, are more likely to occur.
"This, however, does not absolve you of your responsibility to understand and comply with the law. If anything, it should alert you to the increased necessity of constantly evaluating your conduct to ensure yourself and your community that you are maintaining the highest standards of trust and integrity."