But the deal riled Richardson, who said it amounted to Agelasto setting the terms of his own punishment. After Thursday’s hearing, Richardson said he intended to ask interim Commonwealth’s Attorney Collette McEachin to make the filing.

A separate challenge by another former councilman, Sa’ad El-Amin, also encountered a procedural stumbling block earlier this summer. El-Amin resubmitted his challenge in July, but no hearing has been scheduled on his new filing to date.

In April, Agelasto announced his plan to resign at the end of November, 13 months before his term expires. He has served as the council’s 5th District representative since 2013. The district encompasses the neighborhoods of Randolph, Oregon Hill, Woodland Heights, Swansboro, Byrd Park, Maymont, Carytown and part of the Fan.

Last year, Agelasto moved from the Fan District to the city’s West End. He said he needed to make the move to accommodate his growing family; his wife was pregnant with the couple’s second child at the time. The move came to light in media reports after Agelasto had announced publicly that he would not seek re-election to the council in 2020.