Shortly after the Carroll County Board of Supervisors took no action regarding the suspension of former Hillsville Volunteer Fire Department member Roger Hawthorne, Mike Musser resigned as chief of the HVFD on Monday night.

Hawthorne, the former Executive Director of the Carroll County Chamber of Commerce, was suspended from the fire department last year pending the results of a Virginia State Police investigation. Originally charged with felony embezzlement in October of 2008 after $50,000 of chamber funds came into question, Hawthorne pled guilty to an amended lesser count of petit larceny two months later. A sentence of 12 months in jail was suspended after he repaid $20,000 to the chamber and served 40 hours of community service.

During a June 16 meeting, a majority of the Hillsville Fire Department voted to reinstate Hawthorne contingent on the Carroll County Emergency Services Board’s discretion. Nine days later, the Carroll EMS Board unanimously approved a motion to support and ratify the actions of County Administrator Gary Larrowe, who suspended Hawthorne for a second time from operating county equipment and from being on county property.

All that appeared to change Thursday, however, after the Carroll Emergency Services Board voted 4-0 in favor of reinstating Hawthorne to the Hillsville Volunteer Fire Department. Carroll County EMS Board member Markel Cochran made the motion to reinstate Hawthorne, which was seconded by J.B. Tolbert. Cochran and Tolbert voted in favor of Hawthorne’s reinstatement, as did voting members Horace Leonard and Lola Sutphin. Larrowe, Musser and Carroll County Supervisors Andy Jackson and Manus McMillian abstained from the vote.

Musser said on Friday that Hawthorne would be placed on a six-month probationary status upon the return, meaning he would not have voting privileges, would not hold an office and would not have access to department funds. He would be able to run calls again, however.

But Larrowe told the Board of Supervisors on Monday that while the Carroll Emergency Services Board voted to reinstate Hawthorne to the HVFD with restrictions, that did not change Hawthorne’s suspension from being on or operating Carroll County equipment.

“After further review and consultation with the county attorney, it needs to be pointed out that the Emergency Services Board did not reinstate Mr. Hawthorne to the position of operating or being on Carroll County equipment and lacks the authority to place any suspended person back on county equipment without explicit approval of the Carroll County Board of Supervisors,” Larrowe said in a clarification. “Therefore Mr. Hawthorne is still suspended until actions by the board of supervisors on the matter. Lack of action continues the suspension of being on Carroll County equipment, or responding to emergency calls associated with all emergency services operations until further notice.”

After Larrowe’s clarification, Jackson noted that the HVFD utilizes both Carroll County and Town of Hillsville equipment. Jackson said his understanding was that Hawthorne could not operate Carroll County equipment because of his suspension, but that he was not suspended from using the Town of Hillsville’s equipment.

“So he could operate as long as he is on the town’s equipment, not the county,” Jackson said.

Larrowe agreed, saying Carroll County has no authority with regard to Town of Hillsville equipment used by the HVFD. Carroll County Attorney Jim Cornwell also agreed.

“(As far as) the boards and committees we appoint, I was under the impression they were more of advisory (committees),” Jackson said. “They could make recommendations, but as far as personnel matters, that was out of their realm.”

Cornwell also agreed with that assessment.

“Then I think we have pretty well taken care of it from our part, so I think it is time to move on,” Jackson said.

Pipers Gap District Supervisor Dr. Tom Littrell asked Larrowe if he could repeat why Hawthorne was suspended in the first place.

“The suspension occurred because of the crime that had been committed and moral turpitude that had taken place some time back,” Larrowe said. “That was the reason for the suspension...also a subsequent conviction as well.”

After the discussion, Musser told The Carroll News that the HVFD’s equipment belonging to the Town of Hillsville includes a ladder truck and a Class A Engine. Regardless, Hawthorne would still be unable to fight fires on Town equipment, Musser said.

“The problem with that is, and it wasn’t brought up in there, the turnout gear and air packs and things that we have were bought with grants obtained by the federal government that was co-written by the county,” Musser said. “So unless the town provides him with his own turnout gear and his own airpack and he only responds to calls within the town limits, nothing has changed because even if he did run a call in town, the turnout gear he would put on and the airpack he would wear is county property.”

After Monday’s meeting, Larrowe confirmed that Musser had notified the county of his resignation as HVFD’s fire chief.

“I have received that, but I haven’t spoken to him,” Larrowe said.

And although Musser didn’t inform local media of his resignation Monday night, he did express his disappointment with the board’s inaction on Hawthorne’s status, especially after the fire department and Carroll Emergency Services Board voted to reinstate Hawthorne.

“I’ve exhausted all efforts that I can. I don’t see anything else happening unless he chooses to retain an attorney and take civil action,” Musser said. “As fire chief I’ve done all I could do. I’ve said my piece in the emergency services board, so this is at least two or three times we’ve gone around the block on it.”

Musser said Hawthorne is a highly qualified firefighter, having served on the HVFD for around 10 years before serving on the Cana Fire Department and as a career firefighter in Florida prior to that. Hawthorne’s also paid his debt to society, Musser said.

“He is highly qualified and that has been my stance from the beginning. He’s went through the system, taken all the steps, and one of the goals of the criminal justice system is to reintegrate people back into society and get them to that point. He wasn’t convicted of what he was charged with and I think a lot of people lose sight of that,” Musser said. “I am disappointed, but I don’t foresee anything else from my standpoint. The message is clear. Their inaction says they don’t intend to hear it anymore.”

In a cruel twist, the HVFD responded to a fire at Musser’s residence after the meeting when the vehicle Musser drove home, a Chevy Trailblazer belonging to the county, caught on fire.

“The fire department responded to it and it was contained to the hood, the engine compartment. He had gotten home and it caught fire there,” Carroll County Emergency Services Coordinator Joe Roma said. “He went home and heard some popping noise after a while, so we are just going to have to look at it to see what started it. But it looks like something accidental. It’s an unfortunate thing, but we will check to see if there is any recall.”