Helen Hyre Resignation Null and Void

Helen Hyre Resignation Null and Void Middleburg Eccentric - Tuesday, August 22, 2006 Suprise Motion to Consider Second Resignation Quashed
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Article 28 : landowners in the Upper Broad Run subarea Article 31 : A Deep Bench Article 32 : Salon Alure Expands to Purcellville Article 33 : Bubbly Bank Services Prove Refreshing Article 34 : Local Farmer Goes Retail Article 42 : Elegant Garden Enhances Library Grounds Article 43 : Middleburg Horse Trials Article 44 : George Wagner White III Article 45 : OCH Team Event Planned Article 46 : Mobile Health Services Announces Flu Shot Clinic Schedule Article 47 : VDOT Traffic Impact Survey Excludes Planned Improvements Article 48 : Medical Automation Conference at Lansdowne Article 49 : Cedric the Entertainer Sighted in Middleburg Article 50 : New “Power Corridor” through Loudoun? Article 51 : The 8th Annual Festival of Trees Gala	The on-again, off-again resignation of 10-year Middleburg Town Council veteran Helen Hyre was raised twice at the Thursday, August 10, session of the Town Council. Hyre’s first letter of resignation, dated June 19, was ruled null and void by Town Attorney Liz Whiting, who argued that it had not been formally accepted by the Dimos Town Council. An August 10 motion by Eura Lewis to respond formally to what she believed was Hyre’s second letter of resignation, dated July 17, was quashed. In that letter Hyre asked that she be “allowed to withdraw” her first letter, and communicated her “ . . . plan to resign on January 1, 2007, . . . “ The Letters in Question Hyre had resigned formally on June 19, 2006, in a short, unambiguous letter addressed to then Mayor Dimos and the Town Council: June 19, 2006 To the Mayor & Town Council, It is with regret that I resign my position on the Town Council as of Sept. 1, 2006, due to personal and medical reasons. I wish to express my appreciation to the Mayor and Town Council for their help and support over the past 10 years. My best wishes goes [sic] to the new Mayor, Council, and most of all, to the Town of Middleburg. Thank you and I will miss you all. (Signed) Helen Hyre In June Dimos publically acknowledged Hyre’s letter, expressed his regrets, and extended the Town’s thanks to Council Member Hyre for her long and faithful service. Though no formal motion to accept her resignation was ever brought forward, the Council clearly believed she would not serve. Though she had served for a decade, Hyre was not assigned to any standing committees in the new Davis administration Whatever the Dimos Council had done, or failed to do, Hyre apparently thought she had resigned. On July 17, she wrote again, asking “to be allowed” to withdraw her resignation, in a letter received by some, but not all members of the Council. July 17, 2006 Dear Madame Mayor and fellow Town Councilmen, I hereby request that I be allowed to withdraw my letter of resignation from the Middleburg Town Council which was to become effective September 1, 2006. I believe I can continue in my role on the Council as a vital contributing member for several more months, and ask that you allow me to continue to serve. At present, I plan to resign on January 1, 2007, when we start spending more time out of town. Many Thanks for considering my request. I look forward to continuing to serve with you. (Signed) Helen Hyre Hyre answered a public query about the matter early in the August 10 Council session, stating that she had indeed resigned: 1) for health reasons, and 2) because she was building a new house in West Virginia. When she discovered that the new house would not be ready on time, she said she had simply requested that she be allowed to withdraw her earlier resignation and continue to serve. Mayor Davis, early on, also clearly considered the matter moot. “Helen is going to be with us until the end of the year,” she said. “We’re very lucky to have her and we’re glad she’s going to be able to stay on.” Davis also noted that Hyre had written a letter that was “supposed to go to all council members.” Eura Lewis Motion Quashed Later in the August 10 session, Council Member Eura Lewis rose to offer a motion. She had noted with interest, she said, that when standng committee assignments for the new council were first distributed, Helen Hyre’s name did not appear, presumably because of her resignation, effective September 1. Since then, she continued, a second standing committee list had appeared, it which Hyre was listed as “fully involved” in the work of the Council. “I now know why her name has been listed,” Lewis continued. “Because of a second letter sent, asking to postpone her resignation . . . . “ Lewis claimed she did not receive a copy of Hyre’s second, July 17, letter until August 7. “Mayor Davis,” she continued, “I do not believe the revised resignation for January 1, 2007, has been accepted, and since that is the case, I move that we accept Councilman Hyre’s resignation . . . with regrets a vote of thanks for the valuable work she has done. And I wish our colleague, Councilman Hyre, well.” Snyder Objection Council Member Mark Snyder immediately interjected, “I don’t think this is an appropriate topic for a vote. Helen Hyre was elected and she is entitled to serve until she officially resigns and steps down, and that is, at this point, a decision for Helen Hyre, not a vote.” Town Attorney Liz Whiting noted that she did not read Hyre’s letter of July 17 “ . . . as tendering a resignation with the effective date of January 1, 2007. I can’t read this as a tendered resignation.” What the Meaning of “Plan” is Eura Lewis noted the confusion caused by Council’s failure to act on Hyre’s first resignation, and further noted Hyre’s clear statement in her July 17 note that “I plan to resign on January 1, 2007.” Lewis urged the Council to consider the wording and, to avoid further confusion, four months down the road, make itself clear, now. Bundles Murdock agreed with Snyder, noting that Hyre had written only “I PLAN to resign” and had not actually “resigned.” Whiting, again, concurred. Mayor Davis said that she had checked the Town records and had confirmed that Council had not acted on Hyre’s first resignation. As a result, she believed the second letter was moot. Whiting, again, concurred, calling Hyre’s July 17 letter, “merely a statement of intent to resign at a future time.” Lewis dropped her motion. Ironically, no one asked Hyre if she really intended to resign on January 1. The Eccentric’s calls to Council Member Hyre had not been returned by press time.
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