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Yahoo
20-05-2025
- Politics
- Yahoo
Hopewell commonwealth's attorney finds legal fault with council's firing of city manager
As dust continues to stir on last week's firing of Hopewell's city manager and city clerk, the city's top prosecutor warned in a letter to City Council that the motion to terminate Dr. Concetta Manker may have been made improperly, and because it was, Manker should still be in office. Citing Rule 36 of Robert's Rule of Order, Commonwealth's Attorney Rick Newman said the motion made at the May 1 meeting did not follow the direction about either the time frame for making the order or the authenticity of the motion made by Ward 4 Councilor Ronnie Ellis. According to the code, which Hopewell follows for the conduct of its meetings, Ellis should have been disqualified from making the motion to reconsider because he did not take part in the original vote on Feb. 13 to oust her. Ellis walked out of that meeting, and the final vote was a 3-3 tie allowing Manker to keep her job. Newman's opinion is the latest in council's controversial decisions to oust Manker and City Clerk Brittani Williams without cause. The separate 4-3 votes fell along council's racial lines and prompted loud charges of racism since the votes to terminate were made by white councilors and did not specify reasons. Addressing reconsideration motions, Robert's 36th rule of order spells out the following about reconsideration motions: "It can be made only on the day the vote to be reconsidered was taken, or on the next succeeding day, a legal holiday or a recess not being counted as a day." The governance code also says the motion "must be made by one who voted with the prevailing side." In tie votes, the motion can be reconsidered, but it still must follow the rule's time and member restrictions, Newman said. In a tie vote, anyone on either side can ask for reconsideration. "Councilor Ellis was not qualified to make the Motion to Reconsider,' he stated in his message. 'Councilor Ellis left the meeting before the original motion and vote to terminate was made. 'In my opinion, the matter taken up concerning the city manager was untimely, made by an improper party, and therefore illegal,' the message read. 'It would be my further opinion that Dr. Manker is still the City Manager because your actions are null and void.' City Attorney Anthony Bessette, who attended the May 1 meeting, was not asked to, nor did he interject, to offer his opinion about Robert's Rule of Order. 'What I am most concerned about is that while I understand you may be trying to change the course of this great city, I feel that your actions have accomplished nothing more than placing another arrow in Dr. Manker's quiver to sue the city as well as each of you individually,' Newman's message concluded. Richmond man faces murder, gun charges in the shooting death of a Petersburg woman in Hopewell Newman's letter was the third of a series he has written to council about firing council-appointed employees such as Manker or Williams. The first was prior to the February meeting when Newman recommended that Ellis, Vice Mayor and Ward 7 Councilor Dominic Holloway recuse themselves from motions to fire Manker because of conflict-of-interest issues. Ellis should not vote, Newman said, because he is a city employee as well as a councilor, and any action could be construed that he was acting as the 'boss' of Manker who in turn is the supervisor of all city employees. Joyner and Holloway were recommended to not take part because at the time, Manker had filed official complaints against them. The second message was sent April 30, the day before the meeting in which Manker and Williams were fired. In it, Newman warned against the possibility of Ellis making the motion to reconsider because 'I feel certain that Councilor Ellis would have a conflict of interest. He asked council to postpone the meeting until he could get a requested opinion from state Attorney General Jason Miyares about Ellis' issue. Newman said by law, he was bound to enforce Virginia's conflict-of-interest laws, the violation of which is a Class 1 misdemeanor, and could result in Ellis' removal for malfeasance in office and a $250 fine. 'As you can see, violating the conflict-of-interest statutes has severe consequences,' he wrote, and I don't want anyone to run afoul of the law.' As of Monday, all councilors who voted to fire Manker and Williams – Ellis, Joyner, Mayor Johnny Partin Jr and Ward 5 Councilor Susan Daye – have maintained public silence about the decision. Partin told The Progress-Index after the May 1 meeting nothing would be said because the terminations are a protected personnel issue. At that same meeting – after the Black councilors left the dais – council chose Michael Rogers as interim city manager. Rogers, an employee of the advisory firm Rober Bobb Group, is a former interim city manager in Charlottesville and also worked in Petersburg. No interim was named to fill Williams' spot. Instead, deputy clerk Sade' Allen will run the office until a replacement is named. In the proposed fiscal year 2026 budget council is deliberating now, Allen's position will be unfunded. That means that as of July 1, 2025, the deputy clerk position will be eliminated. Cops: Woman killed Saturday in Hopewell's Thomas Rolfe Court area had 'apparent head trauma' One of the core issues for the public upheaval over Manker's and Williams' firings hinges on the point of 'termination without cause.' To terminate without cause means that the employee is being let go for reasons unrelated to their work performance as long as there is no wrongdoing or employee misconduct. Virginia is one of several 'work at-will" states where an employer can let an employee go without specifying a reason, and that can also apply to workers in the public sector, according to the state code. However, any employee who signs a contract with a governing body may have an 'out' from the at-will requirement if the contract specifies specific terms of employment. The Progress-Index has requested copies of Manker's and Williams' contract through the Virginia Freedom of Information Act. Both Manker and Williams maintain they were never given any formal annual evaluations of their performances by council. Williams said at the May 1 meeting that she has received numerous positive emails from council members complimenting her for the job. 'So, I got this office in shape so y'all could bring someone else in?' Williams angrily asked at the meeting. She got no response. Hopewell new restaurant: Authentic Mexican, Central American, Italian cuisines, view video Bill Atkinson (he/him/his) is an award-winning journalist who covers breaking news, government and politics. Reach him at batkinson@ or on X (formerly known as Twitter) at @BAtkinson_PI. This article originally appeared on The Progress-Index: Hopewell commonwealth's attorney opines about city manager firing
Yahoo
20-05-2025
- Politics
- Yahoo
Hopewell city attorney on assault claim: Not his job to 'get crossways' with councilors
Hopewell's city attorney says it is not his place 'to get crossways' with anyone on City Council because they are all his clients, but he added that he plans to answer a charge of assault being brought against him by a councilor following a brief confrontation at a contentious meeting earlier this week. In a telephone interview May 16 with The Progress-Index, Anthony Bessette said it was 'on video and in clear view of the public' what transpired at the May 13 meeting between him and Ward 7 Councilor Dominic Holloway. Bessette said he planned to go to the Hopewell Police headquarters on the morning of May 19 to personally receive the summons. According to a livestream of the meeting and video shot by The Progress-Index, Holloway took offense to Bessette putting his hand on Holloway's arm as the councilor reached over to point something out to him. At the time, Bessette was wearing multiple hats as council's legal advisor, parliamentarian, and clerk – the latter after council fired Brittani Williams and City Manager Dr. Concetta Manker on May 1 in a decision that has rocked Hopewell and prompted mass calls for resignations of four councilors. The confrontation happened when a group called the Party of Socialism & Liberation – which earlier had protested outside the Municipal Building in support of Manker and Williams – stood up and began chanting for City Council to reinstate the two women. ➤ See the video at the top of this story. As Hopewell deputies escorted the protesters out, Holloway stood up as a sign to oppose Mayor Johnny Partin Jr.'s efforts to shut down his proclaimed 'point of personal privilege.' While Partin was attempting to move on with the meeting agenda, Holloway continued to stand and leaned over to point out on Bessette's computer that he was within his rights to continue speaking. At about the 1:19 mark of The Progress-Index video, Bessette can be seen trying to place his hand on Holloway's outstretched arm. 'Don't touch me, sir. That is an assault,' Holloway told Bessette. 'You just touched me. You just assaulted me. Do not touch me, sir.' As Bessette withdrew his hand, Holloway said he was in the middle of his personal privilege. 'Did you just grab me?' Holloway asked again. Meanwhile, Partin was banging his gavel and telling Holloway to sit down. 'You have been overruled by the parliamentarian,' the mayor said. Tariffs causing higher prices, Walmart warns In the moments prior to the confrontation, Holloway and Bessette had several verbal back-and-forths over Holloway's quizzing about proper meeting procedure. According to Robert's Rule of Order, which Hopewell and most other governing bodies follow on conduct of government meetings, a 'point of personal privilege' can be brought up at any time by any member. No debate or discussion of issues can be held while a point is raised. Holloway invoked the point because he sought clarity on whether Ward 4 Councilor Ronnie Ellis – a battalion chief with the Hopewell Fire Department – had acted in conflict of interest for voting to fire Manker, his de facto boss. In that position, Ellis is considered second-in-command of the department and at any given time could be called upon to act as the department head, therefore making him accountable to Manker as city manager. Bessette ruled that the issue needed to be addressed as a separate matter on the council agenda, and the council majority did not seem interested in amending the agenda to allow it. That prompted Holloway to repeat previous allegations that Bessette is part of a 'small coup' by council's White majority to quell advancement of Black citizens either in government jobs or on City Council. Washington Commanders schedule 2025: Complete list games In conversation with The Progress-Index, Bessette said he had not yet received the summons but planned to receive it first thing on the morning of May 19. In the meantime, Bessette said the incident 'is on video and in clear view of the public,' and they can see for themselves what happened. 'Councilor Holloway is one-seventh of my clients, and I serve council as a whole,' Bessette said. 'It is not my place in any way to confront or get crossways with any councilor.' Bessette joined Hopewell as city attorney last February. A former senior assistant county attorney in Albemarle, he was the only one who interviewed for the position. The city attorney is one of three Hopewell employees who report directly to City Council. The others are city manager and city clerk. Hopewell: Authorities release fire investigation details, St. James Catholic Church Bill Atkinson (he/him/his) is an award-winning journalist who covers breaking news, government and politics. Reach him at batkinson@ or on X (formerly known as Twitter) at @BAtkinson_PI. This article originally appeared on The Progress-Index: Hopewell city attorney facing assault claim from councilor after meeting
