Internal Investigation Report

“After learning that someone present during the closed session had potentially provided confidential information from a closed session to a member of the public and that the member of the public had testified as such under oath, the Town Board unanimously authorized the Town Attorney, or his designee, to investigate potential breaches in closed session confidentiality.”

The investigation focused on “voluntary interviews” and “review of documents and electronically stored information received pursuant to a documents request, publicly available postings on the internet, including social media websites, and pertinent closed session meeting minutes.” (pg5-6)

Mayor Higdon, Commissioner Garner, Commissioner McCool, Commissioner Urban, Commissioner Threatt, Town Clerk Canapinno, and Former Town Manager Hawke provided sworn testimony and documentation.

Mayor Pro Tem Hoover and Commissioner Tofano "declined to make themselves available" to be interviewed under oath.

“Accordingly, based on the totality of the evidence gathered in this investigation, it is significantly more likely than not that (i) there was a breach in closed session confidentiality; (ii) that the breach occurred concerning at least the April 15, 2024; and (iii) that either Mayor Pro Tem Hoover or Commissioner Tofano were the source of the breach from the April 15, 2024 closed session that Person 1 claimed, under oath, to be protecting.” (pg17-18)

“The actions of the source who breached the confidence of the Board’s April 15, 2024 closed session undermined public confidence in the Board’s ability to conduct valid closed session business as well as violating their fiduciary duty to the taxpayers of the Town. While we cannot conclusively determine the source, as discussed above, we find it highly likely that the source is one of the two individuals identified above based on the totality of the evidence gathered. (pg18)

matthewsboard_internal_investigation_report_10-13-2025.pdf

Investigation Details

Person 1 testified under oath that he did not have a closed session recording, but has discussed a closed session meeting with someone whom he refused to name to protect the person’s identity. (pg17)

Commissioner Tofano engaged in conversation with Person 1 and actively refused to participate in the internal investigation.

Recorded conversation with Commissioner Tofano and Person 1 provides direct evidence of “a non-adversarial communication” between the two individuals (pg10)
Commissioner Tofano did not respond to document request for the investigation (pg9) and “declined” to make himself available for sworn interviews (pg6)
Due to Tofano’s lack of participation in the investigation and evidence of his direct contact with Person 1, “we are unable to exclude Commissioner Tofano as Person 1’s source of receiving information from a confidential closed session (pg10)

Mayor Pro Tem Hoover repeatedly violated confidentiality and has a documented history of sharing information, including confidential Town legal analysis.

During an active litigation case against the Town, Commission Hoover shared confidential information of the Town’s legal strategy to the plaintiff in the lawsuit. (pg11)
Mayor Pro Tem Hoover shared information discussed during closed sessions with a WBTV reporter regarding allegations of police brutality which was also in active litigation. (pg12)
Mayor Pro Tem Hoover “decline” to make herself available for sworn interviews (pg6)
Mayor Pro Tem Hoover did not respond to document request for the investigation (pg9)

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