Purcellville, VA — A recent court decision has dismissed the Town of Purcellville’s petition to review a grievance panel decision related to former police officer and Vice Mayor Ben Nett. Judge Fleming indicated that the court lacks subject matter jurisdiction, thus preventing judicial reviews of the panel’s findings. 

The case focused on the Town’s challenge to a grievance panel’s decision that reinstated Nett with back pay and attorney fees after his dismissal on April 4, 2025. The Town questioned whether the decision complied with its established policies and sought judicial intervention. 

In an opinion letter, Judge Fleming clarified that the court’s role in subject matter jurisdiction is strictly limited to cases where such authority is explicitly granted by statute or constitutional provision. The Town’s reliance on its Employee Handbook and internal grievance procedures was deemed insufficient to establish this jurisdiction. 

The legal discussion included reference to Virginia Code § 15.2-1507, which outlines that matters regarding policy consistency should be settled by the local chief administrative officer, or by the Commonwealth’s Attorney if a conflict of interest exists. Judge Fleming noted that the Town had not demonstrated that the requirements for jurisdiction, according to both statute and the Virginia Constitution, had been met.

Further, Judge Fleming acknowledged that while the Town’s grievance procedure aligns with practices seen in neighboring Leesburg, this does not substitute for the constitutional or statutory requirements necessary for court jurisdiction.

Additionally, the court highlighted procedural inconsistencies in the Town’s grievance processes according to Code § 15.2-1507. The absence of a proper certification from the Town further complicated jurisdictional issues.

The decision leaves the implementation of the grievance panel’s recommendation to reinstate Nett dependent on the Town Manager’s decision. While the panel supports Nett’s reinstatement, the authority to finalize whether he returns to his position lies with the town administration.

This ruling emerges amidst the backdrop of felony charges against Nett and Town Manager Kwasi Fraser, involving allegations of bid rigging and misuse of state resources. Concerns about possible conflicts of interest also surfaced due to Fraser’s role in selecting panel members. Despite these concerns, the court concluded its involvement due to jurisdictional limitations.

Residents of Purcellville are encouraged to stay informed about local governance developments as these legal proceedings continue. For updates on this and other community stories, stay connected with Purcellville News.