DURHAM, N.C. — Investigations by the FBI and the State Bureau of Investigation into Durham City Council member Monique Hosley-Hyman are still active, the mayor said this week.
Hosley-Hyman, an at-large council member, is accused of telling a developer she would support a project in exchange for a campaign contribution, according to Durham Mayor Elaine O’Neal. The allegations could lead to criminal charges, O’Neal said in March when she made the accusations public.
The mayor named the developer, Jarrod Edens, for the first time. The additional details came about two and a half hours into a city council meeting this week.
Edens, a longtime Triangle property developer, was before the council Monday night for a hearing on annexing a 132-acre property into the city of Durham. The development plans for 260 single-family homes and townhouses east of Durham.
This is the second time the city council has voted on the annexation. The city council rejected the proposal the first time around, but this week voted to approve it. The mayor, along with Hosley-Hyman and councilor DeDreana Freeman, voted against the annexation.
The mayor read several emails into the record Monday night before council took up Edens' project. The topic did not come up until about 9:30 p.m. Monday, when most of the public had already left the meeting.
O’Neal said she contacted the FBI to tell them the developer who accused Hosley-Hyman would be in front of the city council this week.
“The FBI told me that their investigation was continuing and would not have a say and could not have a say in the ongoing business of the city,” the mayor said.
The mayor said both the city attorney and a faculty member with the Institute of Government at UNC weighed in on whether Hosley-Hyman should sit out the vote.
“It is the responsibility and legal and ethical obligation of individual council members to assess whether they have a conflict of interest that necessitates their recusal from exercising their official duties,” City Attorney Kim Rehberg said in an email that the mayor read aloud in the meeting.
“In this instance, Council member Hosley-Hyman is in the best position to assess if voting on the agenda item brought by the developer who alleged misconduct in March is ‘reasonably likely to have a direct, substantial and readily identifiable financial impact on her,’” the attorney wrote.
Hosley-Hyman ultimately did not recuse herself. Edens, the developer, could have objected to Hosley-Hyman voting, but did not.
“I’ve never requested that any members not vote,” Eden said, noting that he’s been coming before council for more than 20 years with development projects. “I welcome the full council’s attention this evening as I focus on the project.”
The allegations
The accusations against Hosley-Hyman became public during a city council meeting on March 23. During that meeting, the mayor said the council first learned about the allegations March 13.
“A property developer had reported to a city staff that a sitting city council member had suggested to the developer that support will be given to the developer’s project in exchange for donation to the council member’s campaign,” O’Neal said, reading from a prepared statement.
The mayor did not identify the council member or the developer at the March meeting.
“The consensus amongst a majority of city council members is that the allegations are incredibly disturbing, must be taken seriously, and, if true, may constitute criminal activity and could lead to criminal consequences,” the mayor said.
“The Durham City Council remains steadfastly committed to maintaining honesty, integrity and trustworthiness in all city business,” she said. “The city council looks forward to a full investigation of the events in question.”