On April 21, 2025, Bob Anderson, the Commonwealth Attorney, provided an advisory opinion in response to a request from Purcellville Town Council member Caleb Stought regarding Vice Mayor Carl “Ben” Nett’s ability to vote on the proposed dissolution of the Purcellville Police Department. The opinion highlights potential violations of the State and Local Government Conflict of Interest Act, emphasizing the serious implications of Nett’s dual roles as both a police officer and a member of the Town Council.
The advisory opinion outlines several key points pertinent to Nett’s situation, stating that the provisions of the Conflict of Interest Act are established to ensure that the judgment of public officers is guided by law, avoiding inappropriate conflicts and promoting transparency. According to the document, Nett has an inherent conflict of interest since he is employed by the police department that the Town Council oversees. It specifies that Nett is required to disclose his voting disqualification and abstain from actions relating to the police department, which includes voting, attending closed meetings, and lobbying other town officials.
Commonwealth Attorney’s letter addresses specific concerns regarding Nett’s actions, highlighting several critical issues:
1. Dual Roles as Vice Mayor and Police Officer: Nett effectively has oversight over the department that employs him, creating a clear conflict of interest. Despite this, he has expressed his intention to retain both positions and reportedly submitted documents indicating his desire to become the new police chief. The opinion also indicates that Nett has been placed on the internal Giglio/Brady list due to substantiated allegations of dishonesty, which renders him unsuitable for participation in criminal cases.
2. Involvement in the Police Department Review Process: In February 2025, Nett inappropriately contacted an independent consultant hired to evaluate the police department, instructing them on the changes he wished to see in the report. His expectation of being named the new police chief and detailing implementation changes further compounded the impropriety of his actions.
3. Vote to Eliminate the Police Department Post-Termination: Following his termination from the Purcellville Police Department on April 8, 2025, Nett cast a vote as vice mayor to eliminate the police department less than a week after his firing. This vote was conducted without prior discussion to evaluate its potential consequences, raising significant concerns about possible influence and retaliation against the department.
4. Lack of Disqualification Efforts: The opinion notes that Nett did not take steps to disqualify himself from voting or from acting in any of the indicated situations.
Ultimately, Commonwealth Attorney Bob Anderson concluded that Vice Mayor Nett has violated the provisions of the State and Local Government Conflict of Interest Act through his actions.
In response to the opinion, Town Council member Caleb Stought remarked, “Today’s opinion by the Commonwealth’s Attorney confirms what any unbiased observer already knew: Vice Mayor Nett’s conduct this year is rife with conflict of interest violations. To ensure compliance with Virginia law and protect the town from legal liability, it is critical that the town council ensure the Vice Mayor’s compliance with the Conflict of Interest Act moving forward, and that he refrain from voting on the issues referenced in the opinion.”
Town Council member Kevin Wright added, “The Commonwealth Attorney’s advisory opinion confirms what I, along with many others, have long believed. During the April 8th council meeting, Vice Mayor Nett was strongly discouraged from participating in discussions and voting on the elimination of the Police Department. His choice to ignore this advice, combined with the absence of objections from the Mayor and the council majority regarding his involvement, raises significant ethical concerns for many of us. I sincerely hope this advisory opinion serves as a wake-up call for Vice Mayor Nett and the other members of the council majority. It is essential for our leaders to uphold ethical standards and ensure transparency in their decision-making processes.”
Council member Erin Rayner remarked, “For the past few months, myself and fellow council members Stought and Wright have advocated for fairness and transparency to counter the repetitive and flagrant disregard of proper governance and process. The Commonwealth Attorney’s opinion makes it extremely clear that the conflicts of interest existing on the town council are not acceptable, are unethical, and criminal. All I strive for on council is open transparent policy making that is in the best interest of our citizens. What has happened since January 8th is not!”
This advisory opinion raises critical concerns about the integrity of the Town Council’s decision-making processes and the potential ramifications for the future of law enforcement in Purcellville.
It is worth noting that of the 100 Virginia towns with a population over 1,000 residents, only eight do not have a municipal police force. Of those, Lovettsville, with a 2020 census population of 2,694, is the largest town without a police department. Purcellville, on the other hand, is far bigger, ranking as Virginia’s 10th largest town with a 2020 population of 8,929. Aside from Lovettsville, every Virginia town with a population of more than 2,000 residents operates a municipal police department.
With the community anticipating further developments, the implications of this opinion are likely to dominate discussions in the upcoming Town Council meeting.
