Special Election Sought, But With Complications

At its Monday meeting this week, the Falls Church City Council voted 4-2 after a lengthy discussion to petition the Arlington Circuit Court to allow a special election, concurrent with the general and special elections, including for U.S. president, on November 5, 2024, to fill the vacancy after the resignation last week of former Council member Caroline Lian.
The City Attorney Sally Gillette filed a Petition for Writ of Special Election this week and requested a candidate filing deadline of August 30. The petition asks for expedited review by the Circuit Court and requested a decision no later than 5 p.m. tomorrow, Friday, August 16.
Falls Church’s Director of Elections and General Registrar David Bjerke, who was in on the Council’s discussions remotely Monday, said yesterday that candidates interested in running should contact his office to learn about the process to qualify for the ballot.
However, he noted that “It is possible that the petition for a special election on November 5, may be denied by the Circuit Court because the 2024 General Election is fewer than 90 days from the date the vacancy occurred.” The complicated state code concerning such matters says that a special election can be called only if there are 90 days’ notice.
Further, Bjerke noted, if the petition for a special election on November 5 is not granted by the court by 5 p.m. tomorrow, Friday, August 16, the City Council will meet at 7:30 p.m. this Monday, August 19, to discuss the Council appointment process and schedule.
Last weekend, Falls Church Mayor Letty Hardi issued her first public comment on this week’s resignation from the City Council by Lian. Lian was fined $25,000 by the District of Columbia this week for failing to report the full extent of her employment and it was subsequently found that she also failed in the same way to report to election officials regarding her City Council service, prompting her resignation.
Mayor Hardi wrote in her weekly report, “I valued Caroline’s service to the community and will miss working with her. As a body, we’ll continue to be focused on the priorities we’ve heard from the community. Our City is special because of the people who’ve committed their time and energy here. Let’s be kind to each other and lead from a place of positive intent, we’re too small of a city to be otherwise.”
An official statement from The City of Falls Church came out earlier this week and stated:
“Ms. Lian’s council resignation follows an article in the Washington Post published August 7, describing a finding by the District of Columbia’s Board of Ethics and Government Accountability Office that Ms. Lian had not properly reported outside employment, resulting in her resignation from the District. The Post article prompted the City to review Ms. Lian’s most recent annual Financial Disclosure, known as ‘Virginia State and Local Statement of Economic Interests.’ Upon review, the City discovered that the former council member listed only Freddie Mac as her employer and did not disclose her employment relationship with the District of Columbia. Following procedures set forth by state code, the City has relayed this information to the Commonwealth’s Attorney for investigation.”
Lian resigned her seat effective immediately earlier this week in response to a disclosure that she failed to report the full extent of her employment she filed to run for the Council, and following the report of a $25,000 fine levied against her by the government of the District of Columbia’s Board of Ethics and Government Accountability Office for the same thing given that one of her jobs was the second in command of the District’s Department of Buildings.
In the debate and voting at its meeting this Monday, there were only four (of seven) members present, with David Snyder and Erin Flynn dialed in remotely from different locations.
City Attorney Gillette presented the Council with five options for filling the seat vacated by Lian’s resignation. The first was to leave the seat open until the next regularly scheduled Council election in November 2025. The second was to appoint a replacement pending that election, which would have to be done by Sept. 22 next month. The third was to seek a special election, although the “90 day clock” required by law for it would not be honored, given Lian’s resignation came with 89 days left before the Nov. 5 election, and noting the special difficulty arising from the onset of early voting in early September only 18 days from the date of the meeting.
The fourth and fifth options were to call for a special election later than Nov. 5 that none on the Council seemed to favor given what would be an exceptionally low turnout, not to mention the cost of holding such an election ($11,000).
Councilman David Snyder was most vociferous calling for allowing the public to decide by an election, rather than an appointment by the Council.
Council member Justine Underhill argued against a hasty election, saying “rushing favors those who have time on their hands,” and adding that the School Board recently appointed a member that seemed to go over well with the public.
Council member Marybeth Connelly added that an appointment process would “have to be a very public process.” Vice Mayor Debbie Shantz-Hiscott noted the problem caused by so many citizens being on vacation or unavailable in August in the extremely narrow time frame that an election would require.
Council member Erin Flynn said most important is that “we all operate in good faith.”
Snyder moved a motion calling for a special election that would, Bjerke noted, have to have an August 30 deadline for all candidates to get all the petition signatures and required paperwork submitted by that date.. That motion failed 4-2 before an alternative version, which passed 4-2, was adopted calling for a special election if the court can authorize it by this Friday, and if not, calling for a special meeting of the Council for this coming Monday to refine an appointment process.
Mayor Letty Hardi led the vote for it, along with Shantz-Hiscott, Underhill, and Connelly, and Snyder and Flynn voted against.