CHESAPEAKE — City Council will ask a Circuit Court judge to compel member Don Carey to resign from his position as he seeks election as mayor — a move some members say is required by the city’s charter.
A divided and tense vote Tuesday tasked the City Attorney’s office with filing a writ of mandamus with the Circuit Court, which is a judicial order that requires a government official to comply with the law. In this case, it’s Section 3.02 of the city’s charter, which states that any sitting member of council who decides to run for mayor is eligible to do so but shall resign by June 30 of the election year.
The vote passed 5-3, with Mayor Rick West abstaining. Robert Ike and Ella Ward joined Carey in voting against the measure put forth by council member Amanda Newins, who said it was about “transparency” and the “integrity of the council.” She likened Carey to being “a private citizen” acting as a council member.
“I think most of us assumed Mr. Carey was going to do the right thing and resign before June 30 but now we’re all in a very uncomfortable position,” Newins said. “And people say you have to have courage over comfort. And that’s what this is.”
Reached by phone Wednesday, Carey called the move “unethical, disingenuous and politically motivated.”
Though the charter provision calls for a resignation by June 30, it was established when Chesapeake held elections in May. General Assembly action in 2021 shifted the city’s elections to November, but the accompanying provision for resignation was not altered, according to an opinion issued in May by Virginia Attorney General Jason Miyares. His opinion concluded that Carey was required to step down by June 30.
Carey’s term is slated to end Dec. 31. Miyares’ opinion states that though resignation would have the effect of shortening Carey’s term, it’s “due to his voluntary decision to seek election to the office of mayor, as was the case prior to the 2021 amendments for council members seeking to become mayor in middle of their otherwise four-year term.”
Opinions from the state’s attorney general provide analysis and interpretation of current law, but do not establish new law.
“Because the shortening, instead, is one caused by the council member’s own independent action, the recently mandated transition to November elections does not negate the effect of the resignation requirement contained in § 3.02(c) of the city charter,” the opinion said.
Only West and Carey filed to run for mayor. It’s unclear whether a judge’s ruling would force Carey to resign to remain in the mayor’s race or if he would be deemed ineligible for the ballot.
Before Newins’ motion passed, Ike was unsuccessful in an attempt to defer the vote to next week. Ike, who characterized Newins’ reasoning for her motion as “smoke and mirrors,” said he wanted the city to advertise a public hearing and hear from the public before taking any action.
“We understand the legislators messed it up,” Ike said. “They changed one part of the law but didn’t change the other. In all fairness, he should be able to stay until Dec. 31.”
Ike also noted Miyares’ opinion was not as a binding ruling.
Ward, meanwhile, said General Assembly members, including House Speaker Don Scott, have opined that Carey should be able stay in his current position and that the charter change should have extended to that provision.
Following the November election, the new Chesapeake City Council would be seated Jan. 1.
Natalie Anderson, 757-732-1133, natalie.anderson@virginiamedia.com
