Powhatan supervisors expected to appoint Bustos

The Powhatan County Board of Supervisors is expected tonight to appoint Marsell Bustos as District 2 supervisor, replacing Charlie Green, who died Oct. 2.

While the board didn't break any laws by picking a replacement behind closed doors, the lack of public input in the process has some residents upset.

After a work session last Wednesday, the board went into closed session to discuss a replacement for Green. Members came to consensus on Bustos, the runner-up in the three-way race for the District 2 seat in the 2007 election, said Board Chairman Robert R. Cosby. Bustos serves as chairman of the Powhatan Democratic Party, a role he says he would relinquish if appointed to the Board of Supervisors.

Under state law, the board has 45 days from Oct. 2 to appoint an interim replacement. Because the vacancy occurred within 120 days of the upcoming November election, a special election to fill the seat cannot be held until November 2010, meaning Bustos would serve for more than a year.

State law allows the board to discuss and negotiate with a candidate for the position behind closed doors, but a vote must take place in open session, said Ginger Stanley, executive director of the Virginia Press Association.

"They will have to discuss the appointment and give the citizens as much information as they can in open session," Stanley said.

Yesterday, Powhatan added to tonight's agenda a public comment period that will come before supervisors vote on the resolution to appoint Bustos.

When Chesterfield County and Richmond last filled vacant seats midterm, they held public application processes and interviewed multiple candidates before making appointments.

Cosby said the Powhatan board considered "more than one" candidate in the closed session and settled on Bustos.

"We didn't make any decision. You can't do that," he said. "But we came to the consensus that this one person should be interviewed."

Still, Powhatan resident Todd Rojcewicz said he isn't happy with the way things are being handled.

"My concern is not with the individual, it's that they never asked the opinions of the people in District 2," he said, noting that there was no rush with a month left to make the appointment. "The appearance is of a very backroom, shady deal."

Jason Moore, the District 2 School Board representative, said he was shocked that supervisors hadn't advertised publicly for Green's position.

"It's absolutely ridiculous. It infuriates me," he said, adding that Bustos had only edged out incumbent T.J. Bise by 16 votes for runner-up in the 2007 race. "They shouldn't be railroading this thing through."

Cosby said the fact that Bustos was the runner-up for the seat in 2007 made him the logical candidate, adding that Bustos and Green had become good friends since the election.

"It's hard to suit everyone," Cosby said. "We can have public input now, but it wouldn't be anything like an election. For the next 12 months, we thought this would be the best way to do it."

Bustos declined to comment until after tonight's meeting.

Contact Wesley P. Hester at (804) 649-6976 or .