Phil Duncan To Join Planning Commission After City Council Retirement

FALLS CHURCH, VA — Former Falls Church City Council member has "flunked" out of retirement, as the new City Council appointed him Monday to serve on the Falls Church Planning Commission.

Duncan did not seek re-election in 2023. His term on the Planning Commission will be through Dec. 31, 2026.

"I appreciate Council giving me the opportunity to continue working on behalf of our City by serving on the Planning Commission," Duncan said in a message to Patch.

Because a paid appointment of a former City Council member is not typically allowed within 12 months, City Attorney Sally Gillette shared a legal recommendation on the matter. Citing an opinion by the Virginia attorney general in 1989, Gillette said a former City Council member may be appointed to an "office of profit" within 12 months of leaving City Council if compensation is not provided for that time period. Planning Commission members receive $100 per month, while the chair receives $150 per month.

"That person would not ordinarily be able to serve in that capacity, except that if they waive the compensation, then the profit would be removed from the office, and that person would be eligible to serve," said Gillette.

That Virginia general attorney opinion was used before in 2008 for a retiring City Council who was appointed to the Planning Commission. Gillette called it a "middle ground" between not allowing City Council members to serve appointments to commissions at all within 12 months or allowing appointments with compensation under a belief that $100 a month wouldn't constitute profit.

City Council voted 5-1 with an abstention by Councilmember Dave Snyder. Councilmember Erin Flynn was the only opposed member.

"I think regardless of sort of whether it's legal to make this appointment, I think as a policy matter, it's a good idea to have a cooling off period for people who are coming off the council and serving on any boards and commissions," said Flynn. "In my view, you know, as a person who's in government, it's a concept that I'm very familiar with in terms of having cooling off periods. I think that it's important that you know, council members don't play an outsized role, and that it doesn't sort of change the dynamic in different boards and commissions in which they may be serving."

Mayor Letty Hardi noted that Duncan was one of five candidate City Council interviewed for the position. The interviews were done over several months with applications being accepted after other interviews, which Gillette said is customary.

"We did think that Mr. Duncan's experience really made it very qualified for the position and then some," said Hardi.