The attorney for former Hopewell City Manager Dr. Concetta Manker is demanding she be reinstated to her post immediately, claiming her May 1 termination was handled improperly according to Roberts Rules of Order, the almost-universal conduct manual local governing bodies, including Hopewell’s, follow for meetings.
In a June 9 letter to City Attorney Anthony Bessette, Richard Hawkins gave City Council until June 20 to give Manker back her job or face legal action for wrongful termination. In addition to violating Roberts Rules, Hawkins also said one of the votes to terminate – from newly elected Ward 4 Councilor Ronnie Ellis – violated Virginia’s conflict-of-interest laws because Ellis works for the city.
The letter, a copy of which was obtained by The Progress-Index, also calls for members of council to “cease immediately” statements about the reasons for Manker’s termination.
Manker
“It has come to my attention that certain City Councilors are and have been recently making false and defamatory statements about Dr. Manker and the alleged reasons for her purported separation from employment with the city,” Hawkins wrote. “Such false and defamatory statements must cease immediately.”
Manker and former City Clerk Brittani Williams were fired by council May 1, an action that has launched a firestorm of criticism on social media and allegations of racism in the decision. The 4-3 vote was straight down racial lines, with the four White members voting for her termination.
Council meetings since the firings have been peppered with citizens’ demands that the four White members – Mayor Johnny Partin, Vice Mayor Rita Joyner, Ellis and Ward 5 Councilor Susan Daye – step down immediately. At the May 27 council meeting, Partin read a statement saying that council will not explicitly state the reasons for the firings because they are personnel matters.
A message left with Partin and Bessette seeking comment on the Manker letter has not yet been returned.
Read the letter below.
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What the letter demands
In the letter, Hawkins said the reasons why Manker’s firing was illegal are threefold.
The May 1 actions included a reconsideration of the February vote to oust her that failed on a 3-3 tie after Ellis left the meeting. Under Roberts Rule 36, a reconsideration can only be taken on the same day of the original vote “or the next succeeding day within the same session on which a business meeting was held.” Several weeks passed between those meetings, and Hawkins said that time frame nullifies any vote reconsideration.
Also, the motion to reconsider the February vote was made by Ellis at the May 1 meeting. Since Ellis did not vote in May, Hawkins said, Roberts Rules of Order forbids him from moving for reconsideration.
Only someone who voted on the prevailing side of an issue – or in the event of a tie, either side – can make the proper motion for reconsideration.
“[Ellis] neither voted for nor against the initial termination motion. Instead, he left the dais at the time of the vote,” Hawkins wrote. “Thus, in addition to the fact that the May 1 motion to reconsider was untimely, Councilor Ellis’ action to be the person who made the May 1 motion to reconsider separately nullifies the motion, and, as well, it nullifies the Council’s subsequent vote to terminate Dr. Manker.”
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Conflict-of-interest
Finally, Hawkins said that as a Hopewell Fire Department battalion chief, Ellis should have excused himself from the May 1 vote under Virginia’s State and Local Conflict of Interest Act because he would be holding power over the city manager who in turn is the CEO of the city and responsible for all employees.
While not specifically appointed to the job by the city manager, the position is considered the department’s second-in-command. That means at any time, the BC may be called upon to act in the absence of the fire chief who is a direct report to the city manager. Therefore, that could make him accountable to the city manager.
“Thus, even if the May 1, 2025, reconsideration motion had been timely made or had been properly raised, Councilor Ellis was still legally prohibited from voting on the motion to terminate Dr. Manker’s employment as City Manager,” Hawkins’ letter reads. “And without his vote, the May 1, 2025, termination vote fails.”
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Meeting set for June 10
City Council’s next scheduled meeting is June 10, with a closed session to proceed it. Closed sessions are held for specific reasons, including personnel matters, and the closed-session agenda for June 10 indicates such discussions are planned.
The Virginia Freedom of Information Act prohibits actions from being voted on outside of the public purview. Any actions taken must be done in open session.
June 10 is also the only scheduled council meeting before the imposed June 20 deadline. Councilors do have a joint meeting scheduled June 17 with the Hopewell Economic Development Authority, but that is a work session where no action is expected.
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Bill Atkinson (he/him/his) is an award-winning journalist who covers breaking news, government and politics. Reach him at batkinson@progress-index.com or on X (formerly known as Twitter) at @BAtkinson_PI.
This article originally appeared on The Progress-Index: Attorney for former Hopewell city manager demands her reinstatement