SUFFOLK, Va. (WAVY) — Two recently-elected Suffolk city council candidates are seeking opinions on whether they have conflicts of interest.
In today’s world, Americans are concerned about conflict of interest issues and potential conflicts of interest. Two newly-elected members of City Council right here in Suffolk have the same concerns.
They are doing business with the city, and will be sitting on City Council starting next year. One is Mike Duman, who was already on council representing the Chuckatuck Borough, but in January, he will now be the new mayor.
The other is Councilman-elect LeOtis Williams, who will be representing the Whaleyville Borough and who owns LW’s Lawn Service on Old East Pinner Street.
Williams did not return 10 On Your Side’s calls, even after we visited his business.
What we know is that Williams has a city contract that pays over $150,000 a year with taxpayer money. It renews in February after he is sworn-in. The contract provides landscaping services at Suffolk City Hall, the grounds of Riddick’s Folley, next door at the Suffolk Visitor Center and Pavilion, and at least 12 other city-owned properties, as well as the cemeteries.
In a lengthy email, which is included in-full at the bottom of this report, Williams’ attorney Arthur Bredemeyer acknowledged Williams is seeking an opinion from the Virginia Conflict of Interest and Ethics Advisory Council on whether he has a conflict.
“On behalf of Mr. Williams, I submitted such a request to the COIA Advisory Council on December 10. We have not received a response,” Bredemeyer said.
It is unclear whether Williams factored in the possible conflict of interest before he decided to run for the council seat. 10 On Your Side has not been able to ask him that question.
Meanwhile Duman has already received opinion from the Ethics Advisory Council.
“It’s all about transparency in today’s environment,” said Suffolk Mayor-elect and current Councilman Duman.
“It’s better to be safe than sorry, so just to reassure myself that was the reason for doing it that way,” Duman added.
Duman owns a building at 139 E. Washington Street and is the landlord for Suffolk Transit, which was formed using Virginia Regional Transit as the city’s service provider and receives tax-payer money to operate. That agency’s offices are inside.
According to Duman, in the Ethics Council opinion, he was told he’s OK if:
- “Your personal interest in Suffolk Transit is from income only”
- “You can’t participate in any contract process”
- “Or you must disqualify yourself from negotiation and approval of the contract”
“Now I feel comfortable renewing the existing release that I have with Virginia Regional Transit in Suffolk knowing that there is not a conflict of interest,” Duman said.
One note to ponder: If the money for Suffolk Transit is a line-item in the budget, does that mean Duman can’t vote on the budget? That could be an issue.
In the beginning, Duman really didn’t want to do the interview, but he did it to show true transparency, which taxpayers today demand.
Here is Bredemeyer’s full email sent to 10 On Your Side’s Andy Fox regarding Williams:
“Andy
Sorry about not emailing you this weekend. I was not feeling well and didn’t come into the office Friday or this weekend.
As you know, the Virginia Conflict of Interest Act (COIA) is contained in the State and Local Government Conflict of Interests Act (VA Code Sec 2.2-3100 et seq.). Any knowing violation of the COIA is not prosecutable if the public official relies on a written opinion of the attorney for the Commonwealth or a formal opinion or written informal advice of the COIA Advisory Council made in response to his written request for such opinion or advice.
On behalf of Mr. Williams, I submitted such a request to the COIA Advisory Council on December 10th. We have not received a response.
It is public record and available to you that LW Lawn Services has two contracts with the City of Suffolk. The first Contract is #19061 for lawn care at several City of Suffolk buildings. It was a sealed bid contract open to the public. It was ratified on May 1, 2019, well before Mr. Williams sought his Council seat. The term was until February 28, 2020. The City reserved the right to two (2) one year extensions, terminating on February 28, 2022. The City has already exercised the first one year option through February 28, 2021. Again, this was done before Mr. Williams ran for his Council seat.
The second contract is Contract #18071. It is for lawn services for the City of Suffolk’s cemeteries. Again, it was a sealed bid contract open to the public. It was ratified and became effective on July 1, 2018, well before Mr. Williams sought his Council seat. The term of the contract ended on June 30, 2019. The City reserved the right to renew the Contract for four (4) additional years, terminating on June 30, 2023. Unlike the previous contract, the contract automatically renews during these periods. Thus, the third renewal would be effective June 30, 2021.
Mr. Williams will be sworn in the month of January 2021. He is trying to get an opinion and resolution of this matter prior to that date. Virginia Code Section 2.2-3107(B)(3) does allow sitting Council members to bid on certain contracts under certain specific conditions. In my opinion, if Mr. Williams were bidding today on the two contracts, he would be able to do so under the conditions set out in the Statute.
The loss of these contracts would have a significant negative impact on LW Lawn Service LLC and a number of his employees.
I hope this is helpful. I will let you know as soon as we hear something from the Advisory Board. We may also seek an opinion from the Commonwealth’s Attorney per the COIA.
Art”
