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On firing

More than a month after the firing of Charlottesville Police Chief RaShall Brackney, city leadership continues to argue over the decision-making process that led to her dismissal. 

At Monday’s council meeting, after grilling from city councilors, City Manager Chip Boyles once again offered an explanation for his decision that left some councilors unsatisfied.

Though Boyles emphasized his support for the reforms Brackney enacted during her time in charge—including dismantling the SWAT team for severe misconduct—he claimed that many departmental leaders planned to quit their jobs due to their lack of trust in the chief. He also pointed to the results of two anonymous surveys of police officers, which led him to believe the department would only descend into “further chaos” under Brackney’s leadership.

“With discussions with officers, city leaders, department heads, and other individuals…it became evident to me that some type of a change needed to be made,” said Boyles. He refused to say exactly who he met with, though he did admit to twice meeting with Michael Wells, president of the central Virginia chapter of the Police Benevolent Association.

However, “I wish that some things had been different,” he said. “I should have had a better relationship with Chief Brackney that I could have identified some of these needs earlier, and we could have worked together on those.”

In response to Mayor Nikuyah Walker’s previous questions about turnover in the department, Boyles said that 100 employees have left CPD over the past three years, with 93 being resignations, retirements, or behavior related. Seventy-four new people have been hired within the same time period.

Councilor Michael Payne emphasized the need for a strategy to restore the community’s trust. Many were upset about the firing of Brackney, who was the city’s first Black woman police chief.

“I don’t know if it’s possible…for there to be discipline and reforms going on and not have officers leave the force,” said Payne. “How do we provide guarantees that we don’t return to these older models of policing?”

“We need to accept that when changes and reforms are being made, there’s a real inevitability [the changes] will be targeted by the PBA,” he added.

Councilor Lloyd Snook claimed the city was moving in the right direction. 

“The only issue is whether we fire the city manager for firing the police chief, and I want to say very clearly the answer to that has to be no,” he said. “I’m not terribly anxious to keep reliving the past—we need to be looking forward.”

Walker questioned Boyles about how he knew there was a “mistrust in leadership” after reading the two police surveys—which Boyles called “very unscientific”—since Brackney’s name is only mentioned twice.

“She’s in charge of the command staff,” replied Boyles. “There is no smoking gun in this…there was a combination of multiple things that made me believe we were going in the wrong direction.”

Walker turned the situation around on Boyles. “Since all of these people are secretive, and you think that’s okay, would you want us to make a decision about whether you stayed here based on some random conversations we had without talking to you?” asked the Mayor.

Toward the end of the meeting, Walker played a short audio recording she secretly made of Boyles, in which the city manager describes Wells’ desire to get Brackney fired. Walker claimed that the urgency around the termination was undeniably tied to the PBA’s concerns, despite the insistence by both Councilor Heather Hill and the city manager that PBA boss Wells hadn’t pressured Boyles into firing Brackney.

“[Boyles] can clearly make up anything he wants, and y’all are going to believe him,” said Walker, before quickly adjourning the meeting. 

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Walker walks away

Charlottesville Mayor Nikuyah Walker has called off her re-election campaign. She had planned to compete this November for a second four-year term on City Council, but pulled her name off the ballot last week in the immediate wake of the firing of Police Chief RaShall Brackney. Walker, the city’s first Black woman mayor, was elected in 2017 following the deadly white supremacist Unite the Right rally. Her term will end on December 31.

“I’ve wanted to stay and fight because the only people who will lose will be Black and other vulnerable people in this community,” Walker wrote in a Facebook post last Wednesday. 

“I’ve been fighting overt, covert, and internalized racism everyday of my life, and it feels like it has been more prominent than oxygen during my time on council,” she continued. “However, I still managed to get up everyday and work for pennies to make this community a better place. I fight for you all as if I earn billions. I am tired.”

Walker did not respond to a request for comment from C-VILLE, though she did speak to The Washington Post, directly tying her resignation to Brackney’s firing. “They fired [Brackney] for doing exactly what she was hired to do, and they can’t give an answer as to why,” Walker told the Post. “If this is how a local government is going to operate, the work that I was elected to do isn’t even possible.”

City Manager Chip Boyles fired Brackney on September 1, saying in a brief press release that he supported her efforts to fight racism in the department but wanted a leader who was “effective [at] building collaborative relationships with the community, the department, and the team at City Hall.” The firing came shortly after publication of an anonymous survey of police officers criticizing the chief, though the city manager and some councilors say the survey and the firing are unrelated.

The mayor made her announcement the morning after a heated City Council meeting, which Walker said was the “final straw” after several months of contemplating dropping out of the race. 

In February, Walker faced public scrutiny when she announced she was being investigated for using her city-issued credit card to buy gift cards to hand out to city residents who spoke at council events. (There was no criminal investigation, and the credit card policy was later revised.) The following month, the mayor received national attention after penning an explicit poem highlighting the city’s racist past and present.

During last week’s meeting, Walker asked to add a discussion of the controversial firing of Brackney—the first Black woman to occupy the position—to the council’s consent agenda, but no other councilor seconded her motion. Still, Walker thanked Brackney, who led the department since June 2018, for her leadership, and apologized on behalf of the city “for a termination that tarnished her reputation.” 

“To take what doesn’t seem like much information and terminate her in this very public way, release press releases without names on it…and not own to the community what you’ve done, that is shameful,” Walker directed at Boyles.

During public comment, several local Black activists and residents criticized the councilors for not seconding the mayor’s motion, and voiced frustration with the city’s treatment of Black leaders. 

“If you don’t want to be accused of racism, stop doing racist things. We as a people deserve better than this,” said Don Gathers.

“We’re tired of these gunshots. We’re tired of not being able to be listened to as a community,” said Rosia Parker. “Y’all are harming my children, my grandchildren, and the generations to come, which have already been afflicted for 400 years.”

In response to those comments, Councilor Lloyd Snook said it was unclear if the city was allowed to discuss Brackney’s dismissal publicly. 

“There are libel, slander, and other procedural issues that may come up. We’re opening ourselves up for more problems,” said Snook.

Walker later asked her fellow councilors if they held secret meetings with Boyles and had advance knowledge of Brackney’s termination. All said no, but Snook, Councilor Heather Hill, and Vice-Mayor Sena Magill expressed their support for Boyles’ decision.

Michael Wells, representing the Virginia Police Benevolent Association, called in to the meeting to commend Boyles “for doing the right thing and a good job,” and criticized Brackney for the department’s issues with “internal procedural justice.” He also claimed that the department doesn’t target people of color, but “people who break the law.” 

When Walker later asked Wells if he secretly recorded meetings with Assistant Police Chief James Mooney and used them to threaten Boyles, Wells refused to answer and asked her for “facts about racist policing” before hanging up. 

In her post announcing her withdrawal, Walker criticized Councilor Michael Payne for not defending her during the meeting, as well as Magill, Hill, and Snook for upholding white supremacy. She also expressed disappointment in Boyles, and emphasized the need for a new form of city government allowing the voters—not council—to elect the city manager.

“Dear Black People: I feel like I’ve failed you…Every time an image of a little Black girl pops into my head, I fall apart,” wrote Walker.

Walker said that many people tried to convince her to run again, but “I’m losing myself right now,” she wrote at the end of the message. “I need to choose me.”

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In brief: Walker running, Students must get vax

Walker running again 

Charlottesville Mayor Nikuyah Walker officially announced on Friday that she’s seeking re-election to City Council in the fall. The announcement does not come as a surprise: Walker has hinted multiple times in recent months that she planned to run for a second four-year term on the council. 

During a 28-minute Facebook Live broadcast, Walker spoke about the fight for racial justice that has driven her work on council.

“As a Black woman sitting in this position, especially the last two years, I have been very exhausted,” Walker said. “Even though I’ve always been ready to battle with people, it’s been a challenge to be under attack all the time. But I am a fighter in my spirit.”

Walker said she decided to seek reelection because she felt she had a duty to her constituents, particularly young Black people. “What will giving up show people who have been inspired because you’ve been here?” she asked herself before throwing her hat in again. 

“I am tired, but we have to continue,” said Walker. “This is not just about us. The whole world is watching.”

Who’s she running against?

Strap in, this can get a little confusing. Two seats on Charlottesville’s five-person City Council will be up for grabs in the fall. In November, four candidates will compete for those seats: Mayor Walker, an independent, will run against another independent, 23-year-old entrepreneur Yasmine Washington, and two Democratic candidates. 

Those Dems will be chosen at a primary on June 8. Three candidates are running for the two Democratic nominations: School board member Juandiego Wade, UVA planner Brian Pinkston, and entrepreneur Carl Brown. 

Check back next week for a full preview of the June 8 Democratic primaries at both the local and state levels.

“More than anything, I’ll miss the fights. At a posh school like UVA, Sheetz provided a place to see the real side of people at night.”

—UVA student Sam Beidler, speaking to The Cavalier Daily about the announcement that the Sheetz on University Ave is closing

News briefs

Class of 2021 says farewell

The second of UVA’s back-to-back graduation ceremonies went off without a hitch last weekend, as the Class of 2021 took a well-deserved walk down the Lawn. We’re happy for the students—and also happy that we’ll be able to get a restaurant reservation this weekend.

Photo: Kristen Finn

Students must get vaccinated, says UVA 

UVA will require its students to get vaccinated before returning to Grounds in the fall, the university announced last week. Students have until July 1 to share their proof of vaccination with the school health system. Dozens of colleges and universities around the country have announced similar policies, including liberal arts schools like William & Mary and large state universities like the University of Michigan.

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In brief: City manager selected by council, local teen killed by cops, and more

City gets a new manager

After more than 15 hours of emergency closed meetings, Charlottesville City Council announced last Thursday that it had selected a new city manager: Chip Boyles, executive director of the Thomas Jefferson Planning District Commission.

John Blair, who has served as interim city manager for nearly three months, is leaving Charlottesville to become Staunton’s city attorney. His last day as acting city manager is February 12.

Before moving to Charlottesville in 2014, Boyles served as assistant city manager and city manager in three cities, including Clemson, South Carolina.

During a virtual press conference, the councilors emphasized that Boyles, who’s headed the planning district for seven years, would bring much-needed stability to a city government left in the lurch after a string of high-profile departures.

“Chip has been in the community for a number of years, but he hasn’t been in any organization and will provide us an opportunity to look at any issues…through a neutral lens,” said Mayor Nikuyah Walker. “Being able to bring a new and fresh perspective to the organization will allow us to heal and actually be able to get some of the work that we have all promised to do done.”

The councilors also acknowledged their own role in fueling the city’s instability, and the need to rebuild trust and communication with each other, as well as with city staff and the community.

Earlier this month, the recruitment firm hired to find a new manager cut ties with Charlottesville, and the firm’s principal claimed he had “never seen a level of dysfunction as profound as what he was seeing here.”

After learning about Blair’s impending departure, the councilors decided to expedite the search process, and choose a qualified manager on their own. However, they stressed that they were not trying to set a “precedent” of making decisions behind closed doors, and would begin a public city manager search, likely in 2022.

“We are looking at one and a half to two years,” said Councilor Sena Magill. “It’s that balance of making sure [Boyles] has enough time to get the stabilization in place, as well as making sure it doesn’t go too long without public input.”

Boyles said his top priority is to fill all the vacant city leadership positions, including a Neighborhood Development Services director, three deputy city managers, and executive director for the Police Civilian Review Board.

While Boyles’ appointment has received praise, it’s also drawn criticism from community activists and members who petitioned for the city to bring back former city manager Dr. Tarron Richardson, who resigned in September.

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Quote of the week

For the past 18 months, I’ve been inspired to seek greater service—motivated by the challenges facing my community.

Dr. Cameron Webb on being selected for the White House COVID-19 Response Team

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In brief

Xzavier Hill

On January 9, 18-year-old Xzavier Hill of Charlottesville was killed by Virginia State Police on I-64 in Goochland County. Police claim Hill, who is Black, led them on a high-speed chase and pulled out a gun when they approached his car, but his family says the dash-cam footage proves that there was no chase, and he was unarmed. The family is now petitioning VSP to release the footage to the public.

Locals arrested in D.C.

An area man was arrested this week for bringing a gun and 37 rounds of unregistered ammunition near the U.S. Capitol complex on Sunday, reports the Washington Post. Guy Berry, a 22-year-old Gordonsville resident and truck driver who attended Monticello High School, is “one of those open-carry people,” says his aunt in the Post piece. Berry is not the first Virginian to be arrested at the Capitol since January 6—last week, a Front Royal man was caught trying to make it through the secure perimeter with fake identification and huge amounts of ammunition.

No more death penalty?

The death penalty is one step closer to being abolished in Virginia. With a 10-4 vote, the state Senate Judiciary Committee passed a bill on Monday that would eliminate the practice. Those in support of the bill—including Governor Ralph Northam—argue that death penalty sentences are disproportionately given to Black people, while others who oppose the repeal believe the penalty should still be reserved for people who murder law enforcement. In last year’s session, a death penalty abolition bill was voted down in subcommittee, so this week’s vote represents a key step forward.

Caption: Senator Scott Surovell (D-Fairfax) is the chief patron of the death penalty bill that’s moving through the General Assembly.PC: File photo

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News

In brief: Remembering John Conover, flicking off UVA, and more

A fond farewell

Charlottesville superstar John Conover, 74, passed away over the weekend. Conover arrived in town in 1970 and started a printing press, before serving as a city councilor from 1980 to 1984. He later worked as an attorney with the Legal Aid Justice Center, served on the board of Live Arts, and helped spearhead the creation of the Rivanna Trail.

Conover was a “creative and quirky thinker,” said City Councilor Lloyd Snook at council’s Monday meeting. “I didn’t always agree with him, but I always listened to him…His was a full life, a life of service to the community and the poor.”

Conover’s personality shines through in all of the stories written about him during his time in Charlottesville—in a 2004 interview with The Hook, Conover said his perfect day featured “some competition, some reading, some affection,” and that his proudest accomplishment was “consistency in love and community.”

Court conflict 

For nearly 25 years, the Charlottesville Albemarle Adult Drug Treatment Court has helped local residents struggling with addiction get the treatment they need, rather than punish them with jail time. However, one aspect of the court has been a recent point of contention: Participants must plead guilty to their charges in order to enter the program.

Charlottesville attorney Jeff Fogel has brought up the issue numerous times to City Council, leading Charlottesville Commonwealth’s Attorney Joe Platania and Deputy Public Defender Liz Murtagh to give a presentation on the program during Monday’s meeting.

“With the post-plea docket, there’s an acceptance of responsibility and a desire for intensive treatment very quickly,” said Platania. “That is a component that leads to more success.”

Mayor Nikuyah Walker, who worked directly with clients battling substance abuse while at Region Ten, pushed back on Platania’s definition of responsibility.

“They don’t walk in the door, even after those guilty pleas, saying ‘I’m going to change my life and I’m thankful…’ All the people usually know at that time is that they don’t want to go back into jail, which they know does not serve them well either,” she said.

During public comment, community organizer Ang Conn urged council to think about the many people who did not graduate from the program, and in turn were given a sentence, as it considers future changes.

Since there have been only 400 graduates in the program’s history, “that’s approximately 16 successful cases per year,” said Conn. “That doesn’t seem to be a successful program to me.”

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Quote of the week

Even if businesses fail, they can start another business…What we cannot do is bring someone back to life if they die.”

Mayor Nikuyah Walker, on her Facebook post suggesting that indoor dining should be banned

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In brief

Disproportionate contact

For the third year in a row, crime charges dropped in Charlottesville—yet Black residents continue to be disproportionately arrested. According to the Charlottesville Police Department’s new annual report, 52 percent of the people arrested last year were Black, even though only about 18 percent of the city is Black. In 2018, 57 percent of people arrested were Black. Meanwhile, complaints made against the department have resulted in few repercussions: Out of the 50 internal affairs cases conducted last year, only 10 percent were sustained.

Sign up

UVA prez Jim Ryan penned an open letter to the university community this week, expressing his distaste for the controversial “Fuck UVA” sign on a student’s Lawn room door. Ryan didn’t like the profanity and also didn’t appreciate that the sign “fail[s] to acknowledge any of the progress that this University has made.” Though the sign is protected under the First Amendment, Ryan claimed UVA admin would consider “additional regulations” for the Lawn before next school year. Many students have pointed out that, ironically, last week the Foundation for Individual Rights in Education ranked UVA the No. 6 university for “open climates for free speech” in 2020.

Blair with me, here

With Dr. Tarron Richardson’s resignation finalized last week, Charlottesville’s new interim city manager appeared at Monday’s council meeting for the first time—or rather, appeared for the first time as a city manager. John Blair has been the city attorney since 2018, and has been a fixture at City Council meetings, sorting out the council’s procedural questions in a measured, deliberate drawl.

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On the record: Departing City Manager Tarron Richardson reflects on his tumultuous tenure

“What’s been the hardest part of this job?” is, to outgoing Charlottesville City Manager Dr. Tarron Richardson, “a loaded question.” 

The city’s top executive tendered his resignation on September 11, and will finish his time at City Hall on September 30, after 16 months at the helm. (For reference, the three city managers before Richardson stayed in the role for an average of 16 years.) City Attorney John Blair will take over as interim.

On his way out, Richardson says he was hampered by city officials who didn’t respect where their authority ended and his began, and that the media portrayed him unfairly.

“The primary job of a city manager is to make sure the budget is done correctly,” Richardson says.

“My role as city manager, in this form of government, I run the day-to-day operations, but City Council puts the policy in place. You never heard me, in a City Council meeting, try to influence a policy one way or another,” he says.

It’s true that Richardson rarely spoke up at council meetings—he spent most of his time on the dais expressionless, silently watching city business unfold around him.

He attributes this reserved public demeanor to a desire, as a new member of the community, to listen first and act second. But he also concedes that communicating his budget philosophy—“having people see that we look at the budget from a holistic standpoint and not just one department”—was the biggest challenge during his tenure.

“It’s never a good topic of discussion when you’re talking about the budget,” says the man who spent the last 16 months crafting the city budget. 

Richardson rejects a suggestion that he had a bad relationship with City Council.

“I worked well with Wes Bellamy, Kathy Galvin, Mike Signer. I worked well with Sena Magill, I worked well with Lloyd Snook, and I worked well with Michael Payne.” 

If you’re keeping track, that list includes every city councilor Richardson has overlapped with except Heather Hill and Mayor Nikuyah Walker. 

Friction welled up between Richardson and those council members because “a lot of people were expecting me to come in and say yes to everything, rubber stamp it,” Richardson says. “But I’ve been doing this for a long time…So when you’re someone who says no to things that have been traditionally said yes to, you have issues.”

Hill declined to comment for this story, and Walker did not respond to a request for comment.

At Monday’s City Council meeting, Richardson’s last as city manager, Walker addressed his previous suggestions that she had micromanaged him. “The topics that I might have dug a little deeper with you are related to procuring supplies for the pandemic,” the mayor said, “making sure people had utilities during the pandemic, making sure we keep people employed during the pandemic.”

“In terms of micromanaging, if that means I strongly suggested that we take care of people in this community, then yes I did push a little harder,” she continued.

Two other notable city employees clashed with Richardson in the last year. Deputy City Manager Mike Murphy resigned suddenly last October, and penned a mysterious memo alleging mismanagement that has yet to see the light of day, according to reporting from The Daily Progress.

After a dispute over the timeline for the acquisition of new firefighters, Andrew Baxter, who had served as the city’s fire chief for four years, resigned in June. Baxter wrote in an email to a colleague that Richardson was a “transactional, unfocused, disengaged, dismissive bully,” and that his resignation was a direct result of Richardson’s management style.

That Baxter email was publicized by The Daily Progress in June, in an article co-authored by the Progress’ City Hall reporter Nolan Stout. Stout has repeatedly pulled back the curtain at City Hall by publishing employees’ verbatim email transcripts, obtained through the Freedom of Information Act.

Richardson has some choice words for Stout: “He doesn’t report the entire story. He reports bits and pieces of it. And for the most part it always portrayed me in a negative light, no matter what I did. All the positive things I’ve done have never been reported.”

When asked why he thinks that is, Richardson implies that his race has played a factor.

“If you look at history of The Daily Progress, has it always shown people of color in a positive light?” Richardson asks.

The Progress drew criticism for a 2017 piece about then-council candidate Walker, though the reporter who wrote the story left the paper in 2018. 

Daily Progress Managing Editor Aaron Richardson says: “I stand behind Nolan’s coverage of and reporting on the city.”

The media made his job “very hard,” Richardson says. “What was said impacted me from a community standpoint.”

At his final appearance before the community at Monday’s council meeting, Richardson did not address any community matters but did take one last opportunity to reaffirm that he felt the Progress’ coverage had been unfair, specifically regarding the dispute between himself and the fire fighters.

Looking back, Richardson says he feels he did make positive changes during his time, listing a handful of bureaucratic reforms:

“What really went well was the reorganization of the various departments. Streamlining processes. And this was primarily to get departments that were similar within one portfolio,” he says. “We got our triple-A bond rating reaffirmed. We didn’t increase the tax rate…We had a lot of good hires. CAT, human resources, we just hired a new public works director. Overall we’ve been moving in the right direction.” 

Richardson also points to his work in public housing communities as a successful element of his tenure.

And he does leave with some admirers in town. “You were out there feeding people when no other members of council were out there,” said local activist Tanesha Hudson to Richardson at Monday’s council meeting.

The resignation announcement didn’t come as a total surprise: City Council held an 11-hour closed session in June to discuss Richardson’s job performance, a meeting long enough to suggest that council members weren’t just heaping praise on their chief executive. 

Richardson will walk off with a lump-sum payment equivalent to a year’s salary—$205,000. Hefty severance packages are not unheard of in the city. When Murphy resigned in December 2019, he took home almost a full year’s worth of his $158,000 salary.

Richardson says there wasn’t a specific incident that drove him out, nor a single moment when he knew he was finished.

“I ended up resigning for the simple fact that I was working a lot of hours. Day in and day out. And it just became a little too much for me… it just got to the point where I said okay, I’ve done my best, I’ve made a significant number of changes, and it’s time for me to move on.” 

Asked if he has any hobbies that have been put on the back burner while he’s been working, Richardson says, “No, not actually. One thing I haven’t had a chance to do here is get a rest.”

Does Richardson have any advice for someone considering stepping in to this job? He takes a long pause before answering. “I would say really understand what you’re getting into,” he says.

 

Updated 9/24: NBC29 first published a selection of emails between Baxter and Richardson in February. The email quoted in this story was first published by the Progress in June.

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In brief: Flint Hill gets A-OK, Freitas lands primary, and more

Second chance

City Council approves Flint Hill development

After nearly an hour of discussion, and midway through a meeting that lasted until 2:30am, City Council voted July 20 to move forward with the Flint Hill housing development, a set of new homes to be constructed in Fry’s Spring.

Last year, council rejected an initial proposal for the project, but Southern Development has since made substantial changes to its plan. It now wants to build 37 single-family homes and two eight-unit condominium buildings, dumping its original plan for 50 townhouses.

The developers have also boosted the number of affordable units, from 10 percent to at least 15 percent. The units will be affordable for 30 years, and priced to house residents from 25 to 60 percent of area median income.

With a density of six units per acre, there will be some room left for homeowners to add accessory dwelling units, such as a basement apartment or guest house. And there will be almost five acres of green space along Moores Creek, including trails and places to gather.

Last month, the Charlottesville Planning Commission unanimously endorsed the revamped plans.

Habitat for Humanity of Greater Charlottesville has partnered with Southern Development, and will build 30 percent of the units. Because the average area median income for Habitat families is 32 percent, Habitat’s president, Dan Rosensweig, said that Flint Hill would be “really good” for them, and for the city.

“It’s the kind of neighborhood our families have told us they’d like to live in,” he added. “This isn’t an answer to all affordable housing issues…[but] we’re really excited to be part of this project.”

Multiple people voiced their support for the development during public comment, including a current Habitat homeowner.

While Mayor Nikuyah Walker had several concerns, including when families would be able to move into the affordable units, she admitted the project was “better than anything” she’s seen regarding affordable housing since she’s been on council.

Two ordinances and a resolution for the development will be put on the consent agenda for council’s next meeting on August 3, and the project will move forward from there.

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Quote of the week

As you consider defunding the police, my message to you is to fund diversity in crisis responders…[The public mental health system] has just as much systemic bias issues as law enforcement.”

Black mental health advocate Myra Anderson, speaking to City Council.

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In brief

Military grade

On Monday, City Council voted to ban the Charlottesville Police Department from obtaining weapons from the military and participating in military training. But ahead of the meeting, Planning Commission member Rory Stolzenberg pointed out a variety of loopholes in the resolution—military equipment could still be purchased from private sellers, and the resolution doesn’t address the military-style equipment already in CPD’s arsenal. Stolzenberg, along with other public speakers, urged council to pull the policy from the consent agenda and strengthen it, but council passed the resolution anyway. “Just because it’s not pulled tonight, doesn’t mean we’re not going to work on this,” said Vice-Mayor Sena Magill.

Beer and spirits

Three Notch’d Brewing Company is the latest local business to strip Confederate imagery from its brand. For years, the Charlottesville-based brewers have been selling The Ghost APA, which is named for John S. Mosby, a Charlottesville native and Confederate officer nicknamed the Gray Ghost. The beer will now be called Ghost of the James, a reference to the reserve fleet of U.S. military boats currently stored on the river. The packaging has shifted from gray to blue.

Nick Frietas PC: Gage Skidmore

Freitas tries again

Last week, Nick Freitas won the Republican primary to challenge freshman U.S. Congresswoman Abigail Spanberger for Virginia’s competitive 10th District seat. Freitas lost to far-right statue defender Corey Stewart in the 2018 Republican U.S. Senate primary, and won his current seat in the House of Delegates through a write-in campaign, after failing to file paperwork to get himself on the ballot. He nearly made the same mistake this year, but the Virginia Board of Elections extended the deadline for filing, a move the Democratic Party has contested.

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Coronavirus News

In brief: Tiki terror, teacher trouble, and more

Statue disposal

Many of Richmond’s Monument Avenue Confederate statues are gone, but debate over their removal continues, and people have wondered where the toppled statues are being stored. This week, some sharp-eyed Richmonders noticed a large collection of monument-shaped tarps standing around the city’s wastewater treatment plant. It’s about as close as you can get to literally flushing the things down the toilet.

PC: Castle Hill Gaming

Prime real estate

It looks like a slot machine. It plays like a slot machine. But actually, it’s a “skill game.” Now, these games are legal in Virginia—and there are more than a dozen lined up in a glamorous former bank building downtown. The space is currently home to high-end steakhouse Prime 109, which was shuttered by the economic crash. The new scene inside the building has left some in town wondering if there’s a swanky casino in Charlottesville’s future.

Prime 109 boss Loren Mendosa insists that “right now there’s not much to talk about.” Sure, it could be a casino eventually, but Mendosa says things are happening fast, and he has “no idea what the actual thing would look like.” Still, he’s rolling the dice on the idea.

The Prime team hurriedly carted the machines into the space at the 11th hour. On July 1, all previously installed skill game machines became legal, though the law change doesn’t allow new machines to be installed. “If we don’t have the machines installed by June 30th, there’s no chance of even talking about it,” Mendosa says.

“It’s definitely not [a casino] right now. Who knows?…It might be a lot of different things,” he says about his restaurant full of quasi-gambling machines.

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Quote of the week

“When you go outside and say, ‘I can’t breathe with this mask on; I’m gonna take it off,’ try breathing with COVID.”

—area resident Stacey Washington, who contracted the virus after taking her mask off at a family Fourth of July celebration.

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In brief

Teacher troubles

On July 9, Albemarle County schools laid out plans for in-person reopening this fall. It quickly came to light, though, that the plan had been created without getting feedback from ACPS teachers, reports The Daily Progress. Teachers and staff have since circulated an open letter advocating against in-person instruction, calling the proposal “unequivocally unsafe for Albemarle County staff and families.”

Party’s over

As coronavirus cases increase every day, Charlottesville Mayor Nikuyah Walker urged local residents to wear masks, practice social distancing, and stay home as much as possible, among other safety precautions, in a press conference on Monday afternoon. Walker also denounced the large gatherings being held around town—including parties on UVA’s frat row.

Mayor Nikuyah Walker reminded residents to wear masks, practice social distancing, and stay home. PC: Eze Amos

New faces

Norfolk Delegate Jay Jones and Alexandria Delegate Hala Ayala have announced 2021 campaigns for lieutenant governor of Virginia, joining Jennifer Carroll Foy and Jennifer McClellan—both running for governor—as the third and fourth people of color under the age of 50 to announce a Democratic run at statewide office. Meanwhile, Terry McAuliffe still lurks in the wings, having pulled almost $2 million into his PAC this spring.

Tiki terror

Early Monday morning, two local activists awoke to find blazing tiki torches in their yards—an eerie reminder of the KKK rally held nearly three years ago at the University of Virginia. (Another activist found an unlit, discarded torch.) The act was “without a doubt intentional,” according to a Medium post by Showing Up for Racial Justice.

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Race-based bias: Consultants demonstrate racist policing, council says study didn’t go far enough

A report from a private consulting firm has concluded that Charlottesville and Albemarle disproportionately arrest black people, and that race-based disparities exist in the treatment of individuals in otherwise similar situations.

The report analyzes adult arrest data from the beginning of 2014 through the end of 2016. During that period, more than half (51.5 percent) of those arrested in Charlottesville were black men, despite black men making up only 8.5 percent of the city’s total population. In Albemarle County, where black men made up only 4.4 percent of the population, 37.6 percent of arrests were of black men. (The full report can be viewed here.)

That disproportionality is accompanied by racial disparity at multiple levels of the area’s criminal justice systems. African American defendants received harsher charges than white defendants for similar crimes. African American defendants were held without bond more often. African American men were held in jail prior to trial twice as long, on average, as white men.

The majority of people booked in Charlottesville are black, even though black people make up a small minority of the city’s population.

The city commissioned MGT Consulting Group, a national firm that often works with municipal governments, to put together the report in 2018. The city paid for $65,000 of the $155,000 project, with the remaining funding coming from the state. Charlottesville ran a similar study on the juvenile criminal justice system in 2011, which also found racial disproportionality.

In addition to the raw data, the report incorporates interviews with law enforcement officers, lawyers, and people who have been arrested, and consultants held a series of community meetings over the last nine months.

At the February 3 City Council meeting, the consultants made an official presentation of their findings.

The report provides statistical support for a state of affairs that was already well known to those affected.

“If you’re a member of the black community, as I am, this is something that I’ve been seeing for years,” said Mayor Nikuyah Walker at the meeting. “You didn’t need this study in the first place. You have the lived experience of it.”

“What this study does is it documents the problem, it validates the problem,” said Reggie Smith, the director of the project for MGT. “Perceptions and opinions are one thing. But we have done the work and the statistical analysis to say this is not happening by chance.”

Kaki Dimock, the city’s director of human services, said at the council meeting that the report was a “marathon data problem,” the beginning of a “seven- to 10-year process,” and a jumping-off point that “begs a series of additional sets of whys.”

“We do know the why,” Walker responded. “And the why has been apparent since enslavement ended.”

Walker and others were critical of the report’s recommendations for addressing the disparities. The document suggests supporting re-entry programs, increasing transparency in city and county police departments, increasing diversity in law enforcement, conducting additional research, and more. 

“These are things that we have been doing,” Walker said. “The city has been investing millions of dollars into some of these programs.”

A strong Police Civilian Review Board, to provide transparency and  community oversight of the police, is among the report’s recommendations. Charlottesville created an initial CRB  in 2018, and councilors are currently interviewing candidates for a permanent board. Albemarle County does not have a Police Civilian Review Board, and according to the consultants, the county Board of Supervisors has not scheduled a time to formally hear the report.

Charlottesville criminal justice lawyer Jeff Fogel says he feels the report provides valuable data, but he wants more specificity in the plan moving forward.

“I would take a look at all the police officers and what their rates of arrest are in terms of blacks and whites,” Fogel says. Taking a more individualized approach could help determine if the cause of the disparity can be ascribed to specific officers or larger systems.

Councilor Lloyd Snook, a defense attorney, called for similar specificity. “Which judges are doing what? Which judges are worse than others?” Snook asked. 

The study did not identify specific persons at any point in the justice continuum, even though that data could have been made available to the researchers, says Fogel.

“I don’t think we can move forward if we don’t look at the who,” Walker said. “We have to be bold enough to take a look at that.”

The report also doesn’t address the longer-term effects of discriminatory policing, which Fogel would like to see studied. “How many people can’t get jobs because they have a prior record?” the attorney asks. “How many people are not living with their partners because they have a drug offense and they cannot live in public housing? We know if a child’s parent goes to prison, the likelihood of that child going to prison has been multiplied.”

Council will have to decide how much more city money to spend on additional research. 

“One of the big questions I have,” said councilor Michael Payne, “is what does this change? What, if anything, changes in the behavior and policies of the city as a result of this? That’s a question in part for us as a council to resolve.”

 

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Low pay, little power: Charlottesville mayors have limited authority

Mayor Nikuyah Walker was re-elected on January 6, after a short but intense discussion at a City Council meeting that left part of the new council feeling put out. Two councilors, Heather Hill (who made her own bid for mayor) and Lloyd Snook, abstained from the vote rather than cast their support for Walker.

Just watching the proceedings, you’d never know that the mayor of Charlottesville wields essentially no more formal power than any other city councilor.

That’s not a new revelation: The mayor’s role has been debated before, especially in the summer of 2018, when the aftershocks of the 2017 Unite the Right rally led to the hiring of a new city manager and a period of introspection from a government accused of lackadaisical leadership in a time of crisis. City Council chose not to pursue a change of system then, and some critics still see incongruities in the city’s way of governing.

Charlottesville currently operates under a “council-manager” or “weak mayor” system, which UVA law professor and municipal government expert Rich Schragger categorized as the most common form of government in towns and small cities across the country.

In a council-manager system, “The council is the board of directors, the mayor is the head of the board of directors, and the city manager is the CEO,” Schragger says. “Our mayor is for the most part a figurehead.”

Dave Norris, Charlottesville’s mayor from 2008-11, says that the mayor does serve an important role, but agrees that it’s mostly ceremonial. “Oftentimes it’s the mayor that people go to when they have issues,” Norris says. During his term, people would regularly stop him in the grocery store or the gym to give him their 2 cents about whatever happened to be going on in town.

Placing ceremonial authority and decision-making authority in the hands of two different people is a potential source of uncertainty, however. “The city manager makes decisions which the citizens think are being made by the mayor or the city council,” Schragger says. “It’s a kind of diffusion of authority that sometimes causes confusion.”

The city manager, the most powerful individual person in the government, isn’t elected at all. Charlottesville’s city managers have historically held the office for long terms. Prior to current city manager Tarron Richardson, who took office in 2019, Maurice Jones held the role for eight years. Before that, Gary O’Connell was manager for 15 years and Cole Hendrix was manager from 1971 to 1995. 

“After having served as mayor, I really feel like the chief executive officer of the city should be directly accountable to the people of the city,” Norris says. 

Nancy O’Brien, who became the city’s first female mayor in 1976, isn’t as pessimistic about the system. She feels that the weak mayor system can encourage collaboration across the government. “You need a consensus on major items,” O’Brien says. “A little more community-building is required to move forward with things. There’s a leadership opportunity…you say, ‘what do you think, can we work together to get this done.’” 

O’Brien also says that it’s good to ensure that the person running the day-to-day operation of government always has the “professional management skills” of a hired city manager.

Both Norris and O’Brien agree on one big structural issue with the mayorship, however: the pay is too low. 

“The time I put in, I may have made 25 cents an hour,” O’Brien says. If the mayor’s salary isn’t enough to live on, mayors have to have additional income, which closes the door for many potential candidates, says O’Brien. “It’s important that it be accessible to people of talent.”

“Even though it’s a weak mayor system, it’s still easily a 50 or 60 hour a week job if you do it right,” Norris says.

The mayor’s salary is currently $20,000 per year. The other city councilors make $18,000. The city manager is paid $205,000. 

Overhauling the mayor system would mean changing the town charter, a complicated process requiring approval from the General Assembly. Better compensation for city councilors is an issue independent of the mayor system, however, and one that local legislators hope to address more directly. 

Charlottesville Delegate Sally Hudson, for example, pointed to legislation she’s introduced that would remove the cap on salaries for Charlottesville City Council members without overhauling the whole system. The bill was filed just this week.

The conversation about Charlottesville’s mayor is part of a larger debate about the push and pull between state and local power in Virginia. A legal precedent called the Dillon Rule means localities here can only exercise power explicitly given to them by the General Assembly. “Cities are subject to the whims of the state legislature,” Schragger says, adding that the most obvious example is Charlottesville’s state-protected Confederate monuments.

The state government affects what the city can do in other ways, too. “Minimum wage, affordable housing, a lot of that stuff is dictated by the state,” Schragger says. “Existing gun laws don’t allow cities to regulate guns in the way they would have liked to. Charlottesville would have liked to regulate guns a long time ago.”

Although Mayor Walker’s re-election might have seemed dramatic, her next term in office will be subject to the same constraints that all of Charlottesville’s previous mayors have faced: being a largely symbolic figure in a city government that wields little power to begin with.

“Charlottesville used to think of itself as a small city or a large town,” says Norris, “but a lot of the things that we’re dealing with now are the kinds of things that some bigger cities have to grapple with.” 

As Walker seeks to continue to address those issues, she won’t have many levers to pull.