Living in a small town like Purcellville comes with its unique advantages and challenges, particularly when it comes to governance and conflicts of interest. As our community has evolved, so too has the makeup of our Town Council, which now includes a diverse range of professionals, including retirees. This diversity has enriched our local government but has also introduced complexities regarding potential conflicts of interest.
Historically, members of the Nichol’s family served on the Town Council, and at the time, there was likely little thought given to potential conflicts when the Town needed to purchase items from their store—the only one of its kind in the area. As the Town grew, future Councils included members who held business contracts with the Town. Despite taking precautions to ensure confidentiality in bidding processes, concerns about conflicts of interest persisted. However, when it became clear that the next lowest bid was significantly higher, those concerns were alleviated, as the business owner was committed to giving back to the community through minimal profit margins.
In a small town, it is nearly impossible to guarantee that no member of the Council or any Commission, Committee, or Board will ever encounter a conflict of interest. New projects or redevelopments may be proposed near their homes, or a competing business may require a special use request. The potential for conflicts is almost limitless.
One particularly notable instance occurred during discussions on the 690 Interchange. On December 13, 2022, an email was sent from Ron Rise Sr., Treasurer of the HOA Board, concerning the interchange to the Catoctin Meadows Board. The email concluded with a message to HOA President Tip Stinnette: “If you agree on this and can make these points at tonight’s meeting, we have succeeded in our approach path. It will be up to the next TC to make it happen.” (New Town Council members took office on January 1.)
At that night’s Council meeting, Council Member Tip Stinnette acknowledged Ron Rise Sr. for his “diligence, review, and voice on the 690 Interchange.” After discussing the agenda item, Stinnette made a friendly amendment to the motion, sending the item back to the Planning Commission. This decision effectively delayed the matter until the new Council was seated, which is highly unusual for projects to be returned from the Town Council to the Planning Commission. Although Stinnette stated he was a member of the Catoctin Meadows HOA Board, he emphasized that he would be speaking from his Council status. This situation raises questions: Should Council Member Stinnette have recused himself from the discussion and vote? Can he represent the citizens of the Town without bias?
During these discussions, Purcellville’s Town Attorney frequently reminded Planning Commissioner Rise Sr. to read a prepared “Conflict of Interest” statement, especially given his role on the Catoctin Meadows HOA Board, which had expressed concerns about the interchange. However, Mr. Rise Sr. refused to read the Town Attorney’s statement as it was prepared and instead offered his own comments. To safeguard the interests of the Town and the Commissioners, the Town Attorney ultimately read the required Conflict of Interest Statement. This highlights the fine line between community involvement and the potential for perceived bias.
Today, the presence of a Purcellville Police Officer on the Town Council adds another layer of complexity. While his dual role complies with State and Town codes, it presents opportunities for both actual and perceived conflicts of interest. Legal counsel has advised that when in doubt, recusal from discussions and votes is the best course of action to protect all parties involved.
The February 13th Council meeting offered a glimpse into the challenges surrounding this issue. Town Attorney Mr. Cafferky confirmed that he had contacted Richmond to verify that Council Member Nett did not have a conflict of interest when voting on the removal of the Community Policing Advisory Committee from the Town Code. While some situations may be straightforward, others are less so, complicating the decision-making process.
Earlier in January, Council Member Nett provided a declaration to the Town Clerk, affirming his ability to vote on the termination of the Town Manager. In his statement, he noted that the Town Manager oversees multiple departments and asserted, “I can participate in the matter fairly, objectively, and in the public interest,” while also disclosing his interest.
In legal matters, what is said is as crucial as what is omitted. On December 23rd, 2024, just before the vote, Mr. Nett emailed Rick Bremseth with concerns about “apparent violations and attempted violations of VA Code” under his position as Town Manager. Bremseth responded that alleged violations should be addressed with the Town Attorney. Such communications can raise questions about a Council Member’s ability to remain fair and objective.
The recent appointment of Mr. Fraser as Interim Town Manager by Mayor Bertaut, Council Member Khalil, and Council Member Nett has further stirred the pot. Given that Mr. Fraser campaigned actively for these Council members, should they have disclosed a conflict of interest or recused themselves from the vote altogether?
As Council Member Nett continues his term, he will inevitably face situations that demand careful consideration of potential conflicts. On February 13th, he chose to recuse himself from discussions regarding the Purcellville Police Department’s “Compensatory Leave Cap for Sworn Individuals.” Future topics may include:
– The Town Budget, particularly if it involves employee pay increases
– The appointment of a new Chief of Police
– The selection of a new Town Manager
– The establishment of a permanent police station
– Changes to the employee handbook
Ultimately, it is imperative that all Council and Commission members fully adhere to legal guidance regarding conflicts of interest. Thorough disclosure of any potential conflicts to the ruling attorney is essential for safeguarding both the individual and the Town from future legal challenges.
As Purcellville navigates the complexities of small-town governance, the delicate dance of transparency, accountability, and community involvement remains a constant focus. It is a reminder that in a close-knit community, the actions of a few can have lasting implications for many.
