Haymarket Town Council votes to censure Mayor.The Haymarket Town Council censured Mayor David Leake for disclosing private personnel matters to Haymarket Beat that were published in the article “Virginia State Police Clear Haymarket Police Chief of Criminal Charges.”
The article discussed the various investigations into Police Chief Roop, including a criminal investigation by the Virginia State Police and an investigation by an outside firm that was halted at the request of the Town Council, which then held an in-house investigation in its place. It does not reveal the allegations about Chief Roop or the other officers who were suspended.
During a special session held April 29 before the town hall meeting, Haymarket Town Council members Rebecca Bare and Mary Lou Scarborough called for a vote censuring Leake. The motion passed 5-1 with only Councilman Steve Aitken opposing.
In a second vote to also adopt a resolution of nonsupport for the mayor’s conduct, the Council also voted 5-1 with Aitken opposing. Council members explained that motion was drafted in cooperation with Haymarket Town Attorney Martin Crim.
According to the Haymarket Town Clerk Jennifer Preli, censoring is a “vote of no confidence” and a way for the Council to tell the mayor, “you broke the rules.”
However, Mayor Leake said he stands by his statements made to Haymarket Beat and would make them again. He noted that nothing inappropriate was disclosed, and that the public needs to know there were other allegations against the Chief that were not addressed by the Council.
“It is important for the public to know that the Council chose not to look at these allegations just the names,” Leake said.
Bare disagreed that it was within Leake's purview to make comments about the personnel matter, saying “Everyone has freedom of speech but there is a big difference between revealing personnel matters in a public forum. Discussing personnel matters in the press is, in my opinion, beyond inappropriate.”
Vice Mayor and Councilman Jay Tobias took the lead in questioning the mayor during the special meeting, pointing out several parts of the article in which he felt Leake inappropriately provided information.
Specifically, Leake said the criminal investigation conducted by the Virginia State police proved that the situation did not involve a minor. Tobias questions how the mayor could have known that.
Additionally, the mayor said that there were four other allegations made against Roop. Leake calls them “allegations” but Bare said that is the wrong word, calling them “concerns” brought before Council.
Tobias said Leake went against the agreement voted on by the Council.
“Everybody up here took that position, yet you saw fit to discuss it with a newspaper reporter,” Tobias said.
Leake said he only provided information that was within his purview to provide publicly. He explained that when the Council suppresses even the most vague bits of information, “that keeps everyone in the dark.”
Leake said that the classes he took with the Virginia Municipal League (VML) taught him that while employee matters need to be confidential, generalities may be revealed. He said the Council is under the misconception that absolutely nothing can be revealed in personnel matters, but that is incorrect.
However, Tobias said he thinks that Leake should not be applying his own interpretation of confidentiality.
“I just think that when David is going against the wishes of the Council and trying to supercede the decisions made by the Council, he’s not doing anyone any favors, except himself. His job is not necessarily to run the town using his own personal agendas and opinions. His job is to make sure the Council’s will is followed,” he said.
Tobias led the conversation during the special meeting, telling Leake to hold his comments and “take notes.” Tobias explained he was frustrated with Leake only adhering to his own set of rules, saying it was not the first time this has happened.
However, Councilman Steve Aitken felt there was another reason for the special meeting.
“What I hear is the purpose of this meeting was to sway the election,” Aitken said, who also questioned the timing of the meeting.
Councilwoman Rebecca Bare told Haymarket Beat she called the meeting, because “unfortunately, I feel this has the potential for litigation.”
But Leake said Aitken, “hit the nail right on the head,” that it is about politics and supporting his opponent.
“Neither of the people who called the meeting are running for office,” Tobias said, in response.
Bare said, besides protecting the town from litigation, she felt strongly that “it was extraordinarily personal, not professional,” to discuss employee matters.
“This is not the first time with David Leake and a particular employee,” she said.
Leake had his own complaints, such as the fact that he never received the letter in question from the Virginia State Police on which he was commenting, and that the letter was discussed on blog sites, which he believes was political motivated.
All parties expect that the truth will be revealed eventually, and at that time the town will understand the actions they have taken.
Leake, who has been censured by the Council on other occasions, said he is trying to remain position and focus on his supporters.
“I know I’m in it for the right reason,” he said.
Referring to the candidates running for Council, on a platform of unity and civility, he said, “there was definitely a reason why all these candidates came together.”
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