Ousted assessor sues for wrongful termination
Suit against mayor, council member alleges firing over golf course taxes
PORTSMOUTH — The former city assessor who was ousted last year has filed a lawsuit alleging wrongful termination by the Portsmouth mayor and a council member.
Patrick Dorris, whom the City Council fired in a 5-1 vote last spring, filed a $5.35 million lawsuit in Portsmouth Circuit Court against Mayor Shannon Glover and council member Bill Moody, both in their individual and official capacities. Dorris is alleging his termination was retaliatory as he refused to follow unlawful directives from Glover and Moody for assessing taxes on a private golf course.
Amid Dorris’ termination, City Council members learned that the city did not collect real estate taxes from the Elizabeth Manor Golf and Country Club for almost two decades until Dorris’ time as assessor. The 18-hole course of roughly 140 acres was supposed to have its taxes lowered under an open-space agreement with the city. But records previously obtained by The Virginian-Pilot show that since at least 2003, the golf course had all of its taxes abated and wasn’t charged the lowered rate until 2022.
Included as an exhibit in the lawsuit is an outside review from the Virginia Department of Taxation, which found that the city improperly deemed the property tax-exempt when real property taxes should have been levied based on its value in the open space agreement.
Dorris’ lawsuit alleges his termination was the result of not abiding by directives from Glover and Moody to not tax the golf course. The lawsuit states Dorris was contacted for a meeting with Glover on March 1, 2023, with Moody also in attendance, and that both insisted he not tax the golf course and that he had the discretion not to tax it.
The lawsuit states Glover took issue with Dorris’ previous taxing of the golf course and that he told Dorris in May 2022 to “pick a side” and that “your four won’t be here come November,” days after the City Council voted to fire former city manager Angel Jones. Glover and Moody did not support Jones’ firing.
City assessors are among the handful of positions appointed by City Council that can also be terminated by a vote in a public meeting.
Dorris also notes in the lawsuit that days before he was fired, Glover “demanded the assessment” of Rivers Casino Portsmouth using building permit values, which Dorris expressed was an unreliable method for determining value.
Reached by phone Friday, Glover said he hasn’t reviewed the lawsuit yet but that the allegations were “absolutely false” and that he had no further comment. Moody, also reached by phone Friday, said the allegations in the lawsuit, which he’s read, were “100% false” and that anyone can sue someone.
“(It’s) well known that you can sue a ham sandwich,” Moody said.
Dorris notes in his lawsuit that Glover and Moody received $6,000 and $2,000, respectively, in campaign donations from the owner of the golf course, Dwight C. Schaubach, who took over the course in 2020.
The Pilot was unable to reach Schaubach or the general manager of the golf course Friday.
According to city tax records obtained by The Pilot, the golf course was charged and then completely refunded tax amounts between 2003 and 2017. During that period, the assessed taxes ranged from roughly $58,000 to almost $140,000. In 2022, owners paid $3,648 and weren’t refunded, according to the records.
Dorris was appointed to the position in September 2021 on a 4-3 vote. Glover and Moody didn’t support the appointment then. Dorris was earning a salary of $111,515 upon departure, according to data previously provided to The Pilot. When council voted to fire him, the motion stated he would receive six months’ severance.
Dorris is being represented by attorney Verbena Askew, who also could not be reached for comment Friday. City Attorney Lavonda Graham-Williams said via email the city doesn’t comment on pending litigation.
Following Dorris’ termination, the council appointed Janey Culpepper to the position until January when she was let go based on allegations she told The Pilot were unfounded. Culpepper, who was promoted to city assessor in 2011 and retired in 2017, also said she neither resigned or was formally terminated before the council vote to appoint a new interim and permanent assessor, which included Anthony George, an assessor candidate with a controversial past.
The council later revoked the appointment of George in a subsequent meeting. Victor Steve Edwards is currently serving the role in an interim capacity.