Rappahannock News

A question of ethics

- BY RON MAKELA The writer, a member of the Rappahanno­ck County Board of Zoning Appeals, lives in the Jackson District.

At the July meeting of the Rappahanno­ck County Board of Supervisor­s, a vote cast by Debbie Donehey, who represents the Wake eld District, was questionab­le and needs to be examined. The board took action on the request from Risk and Strategic Management Corp. (RSM) to amend their existing special exemption permit to allow an increase in the use of their facility from 3 days a month to 10 days a month.

That request had been forwarded to the board from the Rappahanno­ck County Planning Commission. The commission had voted unanimousl­y to deny the request. The board, in an unusual vote, chose to ignore the Planning Commission and voted 3 to 2 to grant that request. Ms. Donehey’s vote to grant the request could be considered the tie breaker.

The documents that were attached with the request contained a letter of support from the front of house manager of Gri n Tavern. In the letter it stated that “Mike and his company (RSM) have made an e ort to channel business into the Tavern, bringing client groups between 5 to 25 in for lunch or dinner in an e ort to support the local economy.”

The tavern is nancially bene ting from RSM’s business and that bene t could increase if the permit was expanded. Ms. Donehey is an owner of the tavern.

Chapter 31. State and Local Government Con ict of Interest Act of the Code of Virginia prohibits o cers or employees of state and local government­s from personally bene ting from any transactio­ns they are involved in.

The law encourages o cials to err on the side of caution and recuse themselves from such matters. The question is, did Ms. Donehey violate the law when she voted on this issue? The law is not particular­ly well written and contains numerous loopholes. Was she able to identify one of the loopholes and justify her voting on this issue which may bring her business nancial gain? I am told that she did check with the county attorney [Art Go ].

What she did may have been legal, but was it ethical? The spirit of the law is to prevent o cials from taking advantage of their o ce for personal gain. Finding a way to get around the law is not what we want from our elected o cials.

Ms. Donehey can take action to correct this poor choice. Having voted on the prevailing side in this matter, she can request that it be placed back on the agenda for the September Board meeting. At that time she can recuse herself, which she should have done to begin with, and withdraw her vote.

Will Ms. Donehey do the right thing?

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