Smithfield council votes for outside audit after closed‑session review of town‑attorney pay

The Smithfield Town Council on Tuesday authorized an external audit to review payments to the town attorney dating to the 2008 contract and voted to pursue steps to correct any improper payments.

Council members voted to hire Robinson, Farmer, Cox to perform the targeted audit; the firm quoted a small, discrete engagement estimated at $4,100. The measure passed in open session after weeks of closed‑session review and public questions about how changes to the attorney’s hourly rate were handled.

The audit follows two closed sessions in which councilors were briefed by an outside contracts attorney identified in the meeting as Ms. Alejandro (Richmond counsel). Council members said the outside lawyer found no evidence of intentional malfeasance but repeatedly described the situation as a product of “misunderstanding, mismanagement, lack of oversight, poor policies, [and] poorer procedures.” Vice Mayor Harris told the council the episode has underscored the role of journalism and public scrutiny: “the press is important, but to keep because it keeps the bastards in government honest.”

Town Manager Stallings told the council he had accepted responsibility for oversight lapses on the town’s part and was directed to work with staff and outside counsel to identify the precise amounts at issue and options to make taxpayers whole where permitted by law. Outside counsel explained the statute of limitations limits legal recovery to payments dating from 2024 forward, and the council asked the town manager to report back with specific figures and options.

Councilors emphasized they were pursuing corrective policy changes rather than immediate punitive action. Members said they had asked outside counsel to draft a new, one‑year town‑attorney contract and to revise procurement and contract review procedures for all outside vendors so that future fee changes are documented and formally approved.

The council also instructed the town manager to request a narrow external accounting review of the attorney invoices and related payments; the motion as approved instructs staff to seek quantification of any overpayments and to return recommended next steps to council.

Public commenters at the meeting pressed for transparency. Jenny Soul and Bob Hines asked the council to publish a full report detailing how the overpayment occurred and what steps would prevent a recurrence. The council said it would release information as allowed by law and continue to brief the public.

The audit motion was passed in open session; councilors indicated they would await the auditor’s report before deciding whether to pursue repayment or to include repayment conditions in any future contract renewal with the attorney’s firm.