Roanoke Vice Mayor Terry McGuire and Councilman Phazhon Nash violated the city council’s code of conduct by allowing their “activism to override their governance responsibilities” in speaking out about a Wood Haven Technology Center project, according to a statement released by Mayor Joe Cobb Monday.
Cobb called his colleagues’ actions a “zeal to promote personal causes,” and that prioritizing the best interest of the entire community over “personal or political gain” is what the council is committed to.
McGuire and Nash were the only council members who attended a meeting of the Western Virginia Regional Industrial Facility Authority Friday when there was a vote by its board to approve the sale of a tract of technology center land. The authority members did not disclose the purpose for the sale, but speakers at the meeting were there to criticize what they believe is a data center project.
McGuire and Nash spoke against the sale.
“I guess we’ll see what folks have to say. Everyone is entitled to their own opinion, I certainly respect that, and it’s their prerogative to move forward however they think is appropriate,” McGuire said about Cobb’s statement after a Monday council meeting. “I don’t work for the mayor, I don’t work for the city manager, and I don’t work for anyone else on city council. So I’m keenly aware of that and who I work for. And I guess we’ll see how the conversation goes.
McGuire and Nash posted the same statements to their Instagram pages in the last week. After the authority’s vote to enter a purchasing agreement for a sale of the Wood Haven land, they posted that they are “vehemently opposed” to data center growth in the region.
The authority’s purchase agreement is with Clearview Dynamics, which may be associated with Corporation Service Co.
Over the weekend, McGuire and Nash posted another joint statement clarifying the city of Roanoke’s role in the Wood Haven purchase.
The statement explained that Salem, Roanoke and Roanoke County jointly own the property and entered into a participation agreement, and said that the governing bodies of all three localities gave consensus to proceed with the agreement — meaning at least four of Roanoke City Council’s seven members were in support.
“Despite misinformation to the contrary, Roanoke City has a direct role in the outcome of any project at Wood Haven Technology Park,” McGuire and Nash’s latest statement read. “To be clear, no effort could proceed without the City Council’s support.”
Cobb said Monday that his issue “isn’t with the bulk of what was in the post,” but the fact that it was not shared in advance with the rest of the council.
He said specific code violations he’s concerned about are not communicating with colleagues, yelling — in reference to what McGuire said at the authority meeting, and a potential breach of closed meeting rules.
After the authority’s vote Friday, McGuire demanded further information from officials, who did not provide any information regarding what they had voted on.
McGuire called the meeting’s proceedings “ridiculous” and “undemocratic” during that meeting. “Shame on all of you,” he said to officials who refused to answer questions.
Cobb, in his statement, said the council should offer “unique perspectives on issues,” but “they do not have the legal authority to speak for Council as a whole.” He said recent social media posts with “unprofessional behavior directed at City Council colleagues, the City Manager, and regional members of the Western Virginia Regional Industrial Facility Authority have directly violated our Code of Conduct and Ethics.”
Nash declined to comment on the mayor’s statement on Monday.
On Monday, the city council met in closed session to discuss the council’s code of conduct, which was requested by the mayor.
“As elected officials we must set the example. We must treat colleagues and staff with respect and civility; and we must strengthen public confidence in local government by respecting differences of opinion and encouraging constructive dialogue,” Cobb’s statement read.
He said the “breach” of the code of conduct will be dealt with according to the city’s conflict resolution guidelines.
“I don’t approach this as wanting to be punitive, but when there are a series of these things that happen over a period of time, and we’ve seen some incidents this year, we have to address that, and we can’t just let it build and fester,” Cobb said after Monday’s meeting.
The city’s code of conduct has been the subject of conversation in late July, after Councilman Peter Volosin made a comment to Nash, which he thought had “racial overtones.”
Volosin had told Nash, the only Black council member, that he was “owned” by another councilman after a contentious vote in which Volosin voted differently than the other two men. He later apologized to Nash and said that the comment had “landed differently than intended.” Cobb said this issue was resolved both publicly and privately.
