Judge rejects lawsuit over vote for mayor

By Ashley McLeod, Staff Writer
Feb 6, 2015, 12:28

HOPEWELL — A complaint filed in the Hopewell General District Court against the Hopewell City Council was dismissed by Judge H. Lee Townsend Tuesday morning.

The complaint was filed by resident Janice Denton, in response to the council’s vote for mayor on Jan. 6.

City Council held a closed session before the meeting that day in order to discuss the candidates for mayor and vice mayor. Immediately following the closed session, the council voted, electing Brenda Pelham as mayor and Christina Luman-Bailey as vice mayor.

Denton believed the closed session allowed for the council to decide behind closed doors who the mayor should be. Denton questioned the legality of the closed session and believes that the vote and discussion of the appointments of the mayor and vice mayor should have been made in the open meeting, and not in a closed session. As elected officials, the council represents the public, and the public should be able to hear why someone should or should not be elected to lead the city.

During the hearing on Tuesday, Judge Townsend agreed with Denton but had to dismiss her claim due to the fact that the closed session was in fact legal.

“Philosophically, I believe in open government. It should be forthright and open to the public,” said Townsend. “I’m on your side, but the law says you and me are not right.”

Townsend cited section 2.2-3711 of the Virginia Code, which states that the council is allowed to hold a closed session for more than 40 different reasons.

Townsend applauded Denton for her concerns and for following through with the lawsuit but said that he, unfortunately, had to go with what the law said and not his personal beliefs.

“This was for the people of Hopewell, and I’m really disappointed,” said Denton after the ruling.

Denton said she would continue to attend every council meeting, as she has done for the past 10 years, and will continue to be involved in government in the city.