Court postpones Nett hearing amid dispute over SB648 effective date

May 8, 2026

By Valerie Cury

Loudoun County Circuit Court Judge Randy I. Bellows on May 7 postponed the suspension hearing for Ben Nett. The hearing was rescheduled for May 28 at 2 p.m.

During the hearing, Nett’s attorney raised questions regarding the constitutionality and effective date of SB648, to which an emergency clause was later added calling for Nett’s immediate suspension rather than a July 1 effective date, pending the outcome of charges, including allegations of bid-rigging and conspiracy. The final criminal trial in the case is scheduled for December.

State Sen. Russet Perry is the sponsor of Senate Bill 648, legislation tailored to municipalities within her district, with the Town of Purcellville being the only locality that meets its size and planning district classification. The bill, along with an emergency amendment adopted during the General Assembly’s April 22 reconvened session, includes language that allows for the immediate removal of Vice Mayor Ben Nett upon enactment.

SB 648 also establishes a series of governance and oversight provisions, including requiring the automatic suspension of town officials charged with felony offenses, with courts permitted to appoint temporary replacements.

The measure further mandates a state-directed comprehensive study of the town’s debt, infrastructure, utilities, and long-term liabilities, to be completed by July 1, 2027, and requires the town to adopt a remedial plan based on the study’s findings.

Additional provisions restrict Town Council votes to items published at least three days in advance unless waived by a three-fourths supermajority, and grant residents expanded standing to challenge council decisions, including priority court scheduling and potential reimbursement of attorney’s fees. 

The bill includes a sunset date of July 1, 2028, allowing time for the mandated studies to be completed and their findings addressed.

During Thursday’s hearing, Ryan Campbell, Nett’s attorney, argued that the emergency clause required a four-fifths vote in both chambers of the General Assembly under the Virginia Constitution. He said the provision effectively altered the standard effective date for legislation passed during a regular session.

Campbell cited constitutional language stating that emergency legislation may take effect earlier than July 1 only if approved “by a vote of four-fifths of the members voting in each house.”

Special Prosecutor Eric Olsen, appointed by the Loudoun County Commonwealth’s Attorney to handle the case, argued that the emergency clause was added through a gubernatorial amendment process, and said it falls under a separate provision of the Virginia Constitution requiring only a majority vote of members present in each chamber to approve the governor’s recommendations.

Legislative vote records show the amended bills received majority support in both chambers but did not reach a four-fifths threshold.

Judge Bellows said the constitutional question regarding the law’s effective date must be resolved before the court can consider broader constitutional challenges to the statute or the merits of the suspension request.

Attorneys for the parties, including counsel for Purcellville Town Manager Kwasi Fraser, are expected to submit additional briefing before the matter returns to court May 28 at 2 p.m. in Loudoun County Circuit Court. Initial briefs are due by May 14 at noon, with responses due by May 21.

Fraser is on paid administrative leave pending trial on the same bid-rigging and conspiracy charges related to a $12,000 contract that was publicly advertised on the Town’s bid board, where both the contract amount and bidding threshold were posted. 

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