At the Tuesday meeting of the James City County Board of Supervisors, board members voiced support for and misgivings about the candidates for the vacant Powhatan seat but were unable to agree on a choice to fill the seat.
Six applicants expressed interest in the vacant seat by the Dec. 7 deadline and all were interviewed by the board on Dec. 12. After having a week to talk to and meet with applicants, discuss the applicants with other board members and research them, the board reconvened Tuesday to try to make a decision. If the board failed to choose a candidate, the decision would be handed to the judges – as it was when Wilford Kale was appointed in March to fill the vacant Jamestown seat.
The board voted on three of the six applicants for the seat: Michael Hipple, Richard Krapf and Steven Ward. Supervisors John McGlennon and Jim Icenhour voted against each of the three, while Jim Kennedy and Mary Jones voted for each candidate. Neither McGlennon nor Icenhour made a motion to consider a candidate.
The board decided to discuss the applicants in an open session, which gave Icenhour some discomfort. He said closed sessions “allow us to have a very frank, open discussion among the board members about the strengths and weaknesses of the candidates.” He said he wasn’t comfortable discussing candidates openly at a televised meeting.
Neither Icenhour nor McGlennon wanted to choose an applicant to fill the seat who intends to run for the elected seat. Both wanted a candidate whose attention wouldn’t be distracted from serving on the board and said picking someone to fill the seat who wanted to run would give that person a clear advantage on the incumbency. Both McGlennon and Icenhour said they supported Andy Bradshaw as the appointee.
Kennedy did not support Bradshaw for the seat and said that he never heard Bradshaw say he wouldn’t run for the seat. He said that Bradshaw would not run if he wasn’t appointed.
Jones did not think it would be fair to disqualify someone simply because they intended to run for the seat.
After disagreeing on Hipple, Krapf and Ward, the board did not vote on any of the other applicants.
Kennedy said the “lame duck” board of 2007 set the table for the divisiveness of the last five years. He said there were some very good candidates.
“We don’t talk to each other. It’s sad, but we don’t,” Icenhour said of communications between board members outside of meetings. Kennedy said that prior to his illness he called several of the board members but for the past several months has been focused on regaining his health.
Kennedy was concerned that handing the decision to judges would put the discussion out of the public eye. He also wants to be sure that Bradshaw has never practiced law in front of any of the judges tasked with filling the seat. He said, “Sometimes when you’re friends with someone that goes a long way.”
Kennedy said that the judges have the opportunity to pick anyone to fill the seat; they do not have to choose one of the applicants. People can apply to the judges for the seat if they are interested in filling it. Kennedy asked that citizens write to the judges and continue to contact the board with questions or comments.
County Attorney Leo Rogers said the judges deciding on an appointee will be from the 9th Judicial Circuit of Virginia. Judges Thomas Hoover, Bruce Long, Richard AtLee and Michael McGinty will pick a Powhatan representative for the board.
Jones was disappointed that the board couldn’t come to a decision, and said she could have supported four of the candidates.
“This is not a vote that lends itself to compromise,” said McGlennon, adding “that doesn’t mean we can’t compromise in the future and I certainly hope we will.”
The board has 30 days to fill the vacant seat, setting the deadline at Dec. 28. Unless an extension is requested and granted, the decision will be put in the hands of the judges who do not have a time limit to make an appointment. Once they decide, Rogers will be notified.
