The Haysi Town Council has voted to move forward with expelling its mayor, who was arrested last month on fraud and embezzlement charges and has not responded to calls for his resignation.
The town’s charter allows a supermajority vote to expel a member for good cause, and all six council members voted to move forward with the process during the regular meeting Tuesday night, said Vice Mayor Debbie Wood.
A hearing scheduled for Oct. 19 will fulfill Yates’ due process rights, said Allison Mullins, Haysi’s attorney. Yates will be allowed to appear remotely or through his attorney, because he is not allowed on town property per his bond agreement, she added.
Yates, 72, was arrested Sept. 17 on eight fraud charges, including felony charges of embezzlement, use of public assets for personal benefit, credit card fraud, receiving goods obtained through credit card fraud and two counts of credit card theft. Since 2008, Yates has been the mayor of the small town of about 500 residents in Dickenson County.
Wood told Cardinal News the town council asked for the Virginia State Police investigation that led to the mayor’s arrest, and council meeting minutes detailed months of the council questioning his spending on town credit cards and advances to his monthly pay. Restrictions, including the council’s approval for all nonessential spending, led to heated discussions and multiple requests for Yates to resign.
The investigation remains active, and there is no update at this time, Matthew Demlein, a state police spokesperson, said Tuesday.
Mullins said she reached out to Yates’ attorney multiple times with the council’s request for his resignation. As of Tuesday, she had not heard back from Stuart Collins, his court-appointed lawyer, she said.
Wood said by text that a “voluntary resignation would be ideal — and simpler for everyone involved.”
“[W]e stand firm in the fact that Mayor Yates can no longer represent Haysi in any capacity,” she said.
If Yates is removed from his seat, Wood would serve as the interim mayor until the council files a petition for a special election, as Yates’ four-year term is not up until 2028, Mullins said.
The other option for Yates’ removal would involve petitioning the Dickenson County Circuit Court for his suspension, Mullins said, but added that removal through the town charter would likely be quicker. Virginia code states that a circuit court may remove an elected official under certain conditions with a petition, which must be signed by registered voters in the jurisdiction equal to 10% of the total number of votes cast at the last election.
In Virginia, an elected official can only be removed by a circuit court for neglect of a clear ministerial duty of the office, misuse of the office or incompetence in the performance of the duties of the office, as well as for the conviction of certain crimes, like hate crimes, drug charges or sexual battery.
A clerk at the Dickenson County Circuit Court said he was not sure what exactly a petition would entail, since he has not been involved in the removal of a mayor from office yet.
Yates also has an upcoming court date scheduled as a plea review in Clintwood on Nov. 12, according to online records. As part of Yates’ bond, he must refrain from drugs and alcohol. In addition to staying away from town property, he is not permitted to contact town employees.
Mullins said she does not know the details of what’s planned for a plea agreement, but believed it was the intent of the prosecutor that his resignation be a part of it. Phillip Foy, an assistant commonwealth’s attorney from Tazewell County, did not immediately respond to a request for comment.
“The town council wants to take action sooner,” Mullins said, adding by text later, “We gave him ample opportunity to voluntarily resign and was hoping he would.”
At Tuesday’s meeting, Wood said the council members also took steps to update their banking signature cards as they continue to regain financial control of the town.
