No voting on town matters, mayor is told

Decades-old practice of Urbanna’s mayor joining council in votes reportedly violates what is allowed by existing town charter

by Tom Chillemi – 

Under Urbanna’s Charter and the town’s election structure, the mayor is not to be permitted to vote on matters considered by the town council. This is the bombshell that Urbanna Town Council’s attorney Andy Bury delivered to the town council at its Thursday, Jan. 28, meeting.

Bury told council that there are attorney general opinions that have found that a mayor elected by voters is not part of the governing body and is thus not permitted to vote.

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Responses

Mayor Barbara Hartley responded during the meeting, “It is my understanding that we can change the town code as it applies to the town council.”

Bury clarified that the town could seek a charter amendment, which requires approval by the general assembly. Three councilors indicated an amendment charter is a viable option.

Councilor Larry Chowning responded, “Andy, I guess we’ve been breaking the law for 50 years.”

Chowning said he served on council under five mayors dating back to the 1980s. Most mayors voted, he said, if only in case of a tied vote. “It looks like we should have looked into this a long time ago.”

Councilor Steve Hollberg, who served two terms as mayor, said that when he took office as mayor he was told by Bury that he had the option to vote and to make motions. “That’s the impression I got and the way I operated for four years, with the same town attorney that we have right now. If we were doing anything illegal, back six years ago that would’ve been the time to raise that issue.”