Nett stands firm to his campaign promise to ‘Never Surrender to Bullies’

By Valerie Cury

Council Member Ben Nett took office on Jan. 1. Prior to his taking office and after being elected to Town Council, he faced an ultimatum that could have forced him to choose between his role as a town police officer and his elected position on the Town Council. The deadline given to him by senior management, was Dec. 3. Nett, true to one of his campaign slogans, ‘Never Surrender to Bullies,’ chose neither to bow to pressure nor to abandon his commitment to his community. He chose to stand his ground.

Nett’s refusal to resign from either post is not only a testament to his resolve, it is also entirely legal. The Virginia Conflict of Interest and Ethics Advisory Council has upheld his right to run for, and serve on, the Town Council while maintaining his position with the Purcellville Police Department. Under Virginia Code 15.2-1512.2, First Responders are empowered to engage in political activity without being forced to sacrifice their livelihoods or careers in public service.

The backdrop for this was a new policy, inserted within the July 2024 update to the Town of Purcellville Employee Handbook, which suddenly demanded that no town employee could continue in their position if elected to public office. 

Based on the revised Purcellville Employee Handbook, Section 10.3.B.1, “No employee shall continue in their position with the Town after election to any public office in the Town.” 

This newly created policy was inserted into the July 2024 revision of the handbook, which had not been updated since 2005—nearly two decades. Prior to this revision, no reference to the new policy existed in the handbook and appeared to apply directly to Nett. By the time of the update in the handbook, Nett had already met all criteria to run for election.

The updated handbook was distributed in July 2024 without prior notice to employees and was made available on the employee section of the town’s website for their access. However, despite its availability, no effort was made to specifically inform Nett about the policy, which directly pertains to his election to Town Council.

It wasn’t until the end of November that Nett was notified that it was his responsibility to read the updated handbook. This raises concerns about why such an important update was communicated so poorly, and why it was introduced just before his Council term was due to begin.

At the Dec. 10 Purcellville Town Council meeting, the Council entered into a closed-door session to consult with legal counsel about issues “related to a town employee serving as a Council Member.” 

No action was taken by the then council majority, which suggests that the Virginia Conflict of Interest and Ethics Advisory Council’s determination that there is no overall conflict of interest for a public employee who also serves as an elected official, stands.