Looming question over Chesapeake council member’s seat leads to rift between members

CHESAPEAKE — At least two City Council members are choosing not to participate in certain city business, such as closed sessions, as a legal question about Don Carey’s council seat lingers.

A divided and tense vote at the July 9 council meeting tasked the City Attorney’s office with filing a writ of mandamus with the Circuit Court asking a judge to compel Carey to resign from his position as he seeks election as mayor — a move some members say is required by the city’s charter.

In March, Carey declared a bid to challenge Mayor Rick West in November — even switching political parties to do so .

At this time, the question of whether Carey is required to step down from his seat as he runs for mayor may be determined by a judge. But disintegration already is on display as council members Amanda Newins and Debbie Ritter did not join their colleagues in Tuesday’s closed session discussion.

Newins and Ritter voted “no” to go into Tuesday’s closed session, which was to discuss active litigation against the city. When council members reentered council chambers to vote on certifying the closed session, which declares that only lawful closed-session matters were discussed, Newins and Ritter abstained.

Newins led the vote this month to petition the court, noting that it was about “transparency” and the “integrity of the council.” A writ of mandamus 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.

“It’s very disappointing that Mr. Carey has placed the City in this unprecedented situation by not resigning when required by law,” Newins told The Virginian-Pilot via text Friday. “I cannot be a party to disclosing privacy issues of our City and citizens in a closed session to any individual who by law should not be there.”

Ritter could not be reached for comment.

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Reached by phone Friday, Carey said he didn’t know whether council members were boycotting certain business. He previously called Newins’ push for the writ of mandamus “unethical, disingenuous and politically motivated.”

“I hope that there aren’t any theatrics and council members who are wanting to make a name for themselves or grandstand,” Carey said Friday. “I think we ought to be professional and continue to conduct the business of the city.”

When Newins was asked whether she was boycotting Tuesday’s closed session due to Carey’s participation, she contested the term but confirmed she was not participating in the typical closed session meeting.

“This is not a boycott,” Newins said. “I’m still conducting city business, but in a manner that protects the integrity of the closed session by conferring with staff one on one instead of going into the closed session.”

The fractures on council amidst this legal action are falling along party lines. Though local elections in Chesapeake are nonpartisan, Carey has the support of the Democratic Party, while West and Ritter have been endorsed by the local GOP. Newins was previously endorsed by local Republicans but is not up for reelection this year.

The city is required to serve Carey advanced notice of the intent to file a petition for mandamus, according to City Attorney Catherine Lindley. The city must then wait a “reasonable time” before filing to allow Carey time to comply with the mandamus.

Carey said as of Friday, he has not yet been served. He declined to provide additional details about stepping down or the legal matter at hand.

“I have full confidence that council will be able to continue to conduct business of the city in a professional manner,” Carey said. “Any disagreements on council about the charter should be played out in the courtroom. A judge can arbitrate that.”

Once filed, the petition becomes the purview of the court.

Lindley said the two most common outcomes of such legal action would be either a court order directing Carey to comply with the city charter and resign from his seat or a determination that Carey isn’t required to resign. The writ is only related to Carey’s current council seat and would not address his eligibility to run for mayor in the November 2024 election .

The city declined to elaborate on how long a “reasonable time” is, and it also declined to disclose whether the city attorney’s office or a third party would be handling the case to avoid any perceived conflicts of interest. Head city attorneys, who lead the office, are council-appointed positions.

Natalie Anderson, 757-732-1133, nataie.anderson@virginiamedia.com