Hopewell council votes to end litigation involving Councilor Ronnie Ellis and repeals new conflict-of-interest policy

The Hopewell City Council voted to end legal actions related to Councilor Ronnie Ellis and later repealed a recently adopted conflict-of-interest policy during the same meeting.

Councilor Ronnie Ellis was the subject of litigation discussed in a closed session; after the closed session, Councilor Caitlin Day moved to end “all legal action, injunctions, appeals, demers, to Ronnie Ellis,” a motion Councilor Day seconded and Vice Mayor Joiner supported. The motion passed 4-2 on a roll call: Councilor Harris voted yes; Mayor Pardon voted yes; Councilor Day voted yes; Councilor Stokes voted no; Councilor Holloway voted no; Vice Mayor Joiner voted yes. For the record, the mayor said that Mr. Ellis excused himself from the vote and did not participate in the closed-session discussion.

The council then considered repeal of a conflict-of-interest policy that the city recently had adopted by resolution. Councilor Caitlin moved to repeal the policy, and Vice Mayor Joiner seconded. City staff said the city had received an opinion from the Virginia Attorney General—s office about the policy. The city attorney told the council the attorney general—s office advised that whether the policy applies to a particular individual must be decided on a case-by-case basis and that state statutes governing conflicts of interest remain in force; the attorney advised the Commonwealth—s attorney should be consulted on questions about application to specific cases. The repeal motion carried by the clerk—s count of 3-2; the recorded audible roll call included votes of Mayor Pardon (yes), Councilor Ronnie Ellis (yes), Councilor Day (yes), Councilor Stokes (no) and Councilor Harris (no). The clerk announced the tally as “3 and 2.”

The meeting opened with a number of routine procedural votes. The council approved a request for Councilor Holloway to participate remotely for medical reasons after Vice Mayor Joiner moved the allowance and Councilor Stokes seconded; that motion passed 6-0 on roll call. Earlier, the council voted unanimously 7-0 to go into a closed session under Virginia Code § 2.2-3711(a)(7) (consultation with legal counsel and briefings where discussion in open meeting would adversely affect the public body—s negotiating or litigating posture) and § 2.2-3711(a)(1) (discussions of prospective candidates for employment).

During discussion after the motion to end legal action, Councilor Holloway expressed strong opposition to dropping the litigation, saying, “I am not in favor of stopping these litigations because there—s so much conflict of interest.” Holloway also said she planned to make a social-media statement and release recordings she said related to prior closed sessions. Councilor Stokes described a separate line of reasoning: “This was a very, very difficult place to be in a decision to make ... but from my standpoint ... nothing prevented Councilor Ellis from sitting as a councilor,” and Stokes said employment matters and the right to serve on council are separate issues.

The city attorney told the council that the adopted policy was enacted by resolution but that state statutes remain binding and that questions about the policy—s application to particular individuals should be referred to the Commonwealth—s attorney. The attorney general—s office, the city attorney said, advised that application of the policy is determined case by case.

Council members asked that the minutes note Mr. Ellis—s absence from the vote and his lack of participation in the closed session. The meeting record shows no further instructions to staff or referrals for additional investigation recorded on the transcript.

Votes at a glance: the council approved allowing remote participation by Councilor Holloway (moved Vice Mayor Joiner; second Councilor Stokes; outcome: approved, 6-0); voted unanimously to enter closed session under Va. Code § 2.2-3711(a)(7) and (a)(1) (moved Councilor Day; second Councilor Holloway; outcome: approved, 7-0); approved a motion to end legal action concerning Councilor Ronnie Ellis (moved Councilor Day; second Vice Mayor Joiner; outcome: approved, 4-2); and approved repeal of the recently adopted conflict-of-interest policy (moved Councilor Caitlin; second Vice Mayor Joiner; outcome: approved, clerk count 3-2).