What Do You Call This Kind of Behavior?

Back in 1986 when an ethics charge was filed against Republican Fairfax County Board Chairman John F. Herrity, there were related concerns that ongoing disagreements over the nature of the relationship between county supervisors and developers could be damaging in the county elections.
Herrity stood trial on a misdemeanor charge in Fairfax County General District Court of violating the Virginia public disclosure law.  Ultimately, he was found guilty and fined $100.

Herrity was charged with knowingly violating the law by participating in a land use case without disclosing that he was a business partner of the developer.

A July 1986 article stated that all members of the Fairfax board except Supervisor Audrey Moore and former supervisor James M. Scott had failed on at least one occasion to disclose a campaign donation from a land use applicant, as required by the law.

The issue of ties to developers was a particularly sensitive political issue in Fairfax, and the issue became a focal point for Fairfax Democrats who seized upon the issue in a special election for the Providence district supervisor's seat which Democrat Katherine K. Hanley emphasized the Republican interests of developers and won easily.

In response to the charge against Herrity County Democratic Party Chairman Harris Miller said that the charge strengthened his party's use of that issue. "I think there's a real perception out there that the two parties seem to have different stances on special interests," Miller said. [1]

Going into the chairmanship race, a pair of political unknowns, James S. Morris Jr. and R. Terry Robarge, ran as independents, but they were overshadowed by Republican Chairman John F. Herrity and Democratic Supervisor Audrey Moore of Annandale. Morris and Robarge contended that Moore and Herrity who had served on the board since 1972  were "the villains in county politics, and they blamed the two officeholders for the traffic jams that exasperate commuters."

In typical fashion Harris Miller scoffed at their candidacy, and said "I'd be shocked if they got 1 percent between them. They have no following; they have nothing to say. It's not worth my time or your time. They just don't make any difference." [2]

In contrast, a $ 250-a-plate luncheon was held for Audrey Moore at the Tysons Sheraton. Harris Miller proudly introduced himself as "the only man at the head table." He told the crowd that Moore's biggest problem was not Herrity: "Our biggest concern right now is complacency," and he urged guests to put bumper stickers on their cars and to tell friends to vote. [4]

The long campaign to find money to solve Northern Virginia's transportation crisis fell apart, and leaders expressed frustration over the efforts.

Meanwhile, traffic problems became worse and the cost due to delays was escalating.

Everyone is pointing fingers. County officials, especially in Fairfax, blame the state. State officials say the county should take more responsibility. A group of Democratic legislators from Northern Virginia accuses local officials of dragging their feet and is calling for a regional transportation authority. Business leaders also are piling on the region's politicians. [4]

Around that time, it also came to light that Fairfax County Board Chairman Audrey Moore, who had pledged not to accept certain developers' money during her 1987 race against Republican John F. Herrity, did not report on her financial disclosures a $ 6,400 poll that was given to her during the campaign by a prominent Northern Virginia developer.

After inquiries from the Post, Moore said, "It was an oversight . . . . I will file an amended report."

The poll had been conducted in the first week of October 1987 by Cooper & Secrest Associates Inc. of Alexandria.  It was paid for by T. Eugene Smith, a Fairfax developer and financier. It included specific questions about whom voters supported in the Herrity-Moore race and which issues were of major concern. Smith said that he gave a copy of the poll to the Moore campaign.

Moore said her campaign pledge not to accept campaign contributions from developers who would benefit from rezoning for increased density did not apply to Smith because "this gentleman was not one of those." She said her pledge still stands and she declined to comment further. In keeping with her pledge not to accept developers' money, Moore's campaign disclosures for October 1987 show her returning a $ 2,000 contribution from Smith that was given to her one month earlier.

Smith, a prominent McLean businessman, heads the management group overseeing Alexandria 20/20, a major commercial/residential project proposed for the 350-acre Potomac Railyard in Alexandria. He also was appointed by Moore to head a commission of Fairfax residents and business people who made recommendations on funding road construction in Northern Virginia. [5]

Moore, a Democrat who defeated Republican incumbent John F. Herrity, amended her election report yesterday to note the poll.

"We will be writing a letter to [Commonwealth's Attorney Robert F.] Horan requesting an investigation of Mrs. Moore and demand Mrs. Moore receive the same treatment that Jack Herrity received in 1986," said Robert W. Lauterberg, county GOP chairman.

Horan was the CA who prosecuted Herrity back in August 1986 for failing to disclose a business relationship before voting on a zoning case that went before the board.

Remember that the central issues focused on in the campaign were were development and transportation. Moore and other Democrats "nurtured the impression that the Herrity administration was controlled by developers."

The day after the story broke, Moore said, "I think I've made the comments that need to be made," she said. [6]

But just a few days later it came to light that a Fairfax County developer, Harold O. Miller (not Harris), loaned a substantial sum of money to the county Democratic committee during the 1987 elections at the same time that Democrats were criticizing the county Republican committee for channeling developer funds to GOP candidates.

Former Fairfax supervisor Harold O. Miller, a lawyer and developer, said yesterday that he "volunteered" the loan to the Democratic committee after negotiations with county party Chairman Harris N. Miller. Harold Miller declined to divulge the amount of the interest-bearing loan, which some members of the county Democratic steering committee recalled was approximately $20,000.

Money from developers was a hot issue in the 1987 race, in which Democrat Audrey Moore defeated Republican incumbent John F. Herrity. Democrats charged throughout the campaign that developers were using the Republican party as a conduit for large cash donations to their favorite candidates -- without the candidates having to disclose the original source of those contributions. Moore and Herrity pledged at the time not to accept money from developers.

The paper reported that Harris Miller said the day before the article was published that it is a formal committee policy not to accept money earmarked for any specific purpose, whether it be a phone bank or a candidate.

"We do not do anything that way," Harris Miller said, and he declined to discuss the loan.

LaVerne Taylor, treasurer for the Democratic committee reported that they did receive a "good loan" fom Harold Miller, it went into the general account, and that it was in the process of being repaid.

[Harold] Miller, who refers to himself as a lawyer who does some development, said "Harris Miller and I met and I volunteered it for the committee. ...I felt this local committee could use some help." [Harold] Miller has built two office buildings in Fairfax County and is now working on a project in Herndon. [7]

A spokesman with the State Board of Elections has said intent must be proved to convict under the Virginia election law covering campaign disclosures. The maximum penalty for conviction of that type of misdemeanor is a $ 100 fine.

Moore filed an amendment to her October 1987 campaign report two months ago after The Washington Post made inquiries about the poll. The amendment says the Moore campaign received the poll as an in-kind contribution on Oct. 10, 1987. [8]

Things became a bit strange going into the second election.  Her opponents were Horwatt, a Democrat, Herrity, and Tom Davis. From the article

Judging from her rhetoric, Moore is seeking to portray the primary and general election as a clash between the forces of light and dark -- between people who are not developers and those who are, or make their money through development.

"I've got three developer-backed candidates against me," said Moore, who refers to Horwatt as "a very nice guy who's being supported by developers . . . . I'm trying to balance transportation and growth."

When things are going badly, raise money:

To try to cement her hold on the nomination early, Fairfax Democratic Party Chairman Harris Miller sent a letter to committee members declaring his support for Moore. He also took the unusual step two weeks ago of phoning reporters to proclaim his support.

Miller last week was host of a birthday fund-raiser for Moore at his McLean home that drew 150 to 200 people, according to Moore supporters. Before the money had been counted, the estimates were that she raised between $ 5,000 and $ 10,000. [9]

By August 1991, Ms. Moore wasn't getting along with many people at all.

Fairfax Board Chairman Audrey Moore's continuing attacks on the county's new government center threaten the reelection chances of her six fellow Democrats on the board, they say, and has Republicans rooting for a voter backlash that will sweep Moore and the Democratic majority out of office.

The dispute has implications beyond the frosty atmosphere it has created at the board's biweekly meetings. Some Democrats fear that Moore's strategy could sink other Democratic incumbents seeking reelection, all of whom voted for the center. Republicans, including Moore's challenger, Supervisor Thomas M. Davis III (Mason), hope her use of the issue will stir voters to sweep all the Democratic incumbents off the board, including Moore.

"Audrey's campaign tactics certainly give the appearance of running against the rest of the board, including the Democrats," said Thomas R. Hyland, a county Democratic committee member. "It's a negative. It brings the whole party into dispute."

Things got uglier in a political family feud that pleased only the Republicans.  I'll omit several quotes, but Tom Davis summed it up well.  "The Republicans are licking their chops," he said. "This is a made-to-order issue. People are getting stirred up and angry about this. . . . It's a throw-the-rascals out thing and she's the lead rascal." [10]

Some of the Democratic supervisors approached party Chairman Harris Miller, and asked him to intervene. Reached at home, Miller said, "I'm unavailable for comment. I'm out of town."

This was the election where Davis beat Moore by 32 points.

Voters dealt what was probably a lethal blow to the political career of Fairfax County Board Chairman Audrey Moore Tuesday, but many supporters expect her still to play an active -- and possibly influential -- role on county issues.[11]

[1] July 23, 1986: Washington Post. Herrity Charge Could Hurt Other Officials;
Fairfax Political Leaders Note Visibility of Ethics Issues, Thomas Turcol.
[2] September 21, 1987: Washington Post. Independents Stand Mostly Ignored on Sideline of Fairfax Race, Lee Hockstader.
[3] October 21, 1987: Washington Post. 'First Ladies' Offer Moore Pep Talk, Cash.
[4] May 3, 1989: Washington Post. N.Va. Effort to Finance Roads Collapses in Finger-Pointing, Stephen C. Fehr.
[5] May 12, 1989: Washington Post. Moore Failed to Report Poll From Developer in Campaign, Thomas Heath.
[6] May 13, 1989: Washington Post. Fairfax GOP in Full Cry After Moore on Donation, Thomas Heath.
[7] May 16, 1989: Washington Post. Fairfax Democrats Received Loan From Developer in 1987;
Source of Donations Was Issue in Board Race, Thomas Heath.
[8] July 16, 1989: Washington Post. Decision Is Near In Moore Probe
[9] January 20, 1990: Washington Post. Only January, but Raucous Politics of Fairfax Already Livening Up, Thomas Heath.
[10] August 11, 1991: Washington Post. Democratic Colleagues Ducking Moore's Campaign Brickbats, Peter Baker.
[11] November 8, 1991: Washington Post. Moore Expected to Keep Active; Despite Big Loss, Fairfax Chairman May Still Wield Influence, John Ward Anderson.

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