Showing posts with label Contract. Show all posts
Showing posts with label Contract. Show all posts

Wednesday, January 23, 2019

Public Notice: Gloucester County, Virginia Government 90 Plus Days Late In Paying Bill

Gloucester County Government is presently over 90 days late in paying one bill and over 30 days late on yet another bill.  The total is estimated at roughly $40,000.00 and compounding daily.  Gloucester County officials have failed to rebut said bill if they thought said bill might have been in error.  Said bills are owed to CRF Ventures for contract work performed.  

Thursday, July 24, 2014

What The Gloucester Mathews Gazette Journal Didn't Tell You, July 10th, 2014


New Superintendent Lays Out "Plan of Entry" is the title of the one article in the paper pictured above.  We are not going to reprint the article by any means.  If you have already read the article, then there is no sense is rehashing it.  If you have not read the article, then you can always go to the newspaper's website.

  What we have a problem with here and everywhere else we have looked including the Gloucester School Board website is who the stakeholders are claimed to be and mainly, who is left out.  And what is the most disturbing is exactly who has been left out.  No reason to delay who has been left out, it's the taxpayers.  The taxpayers, those of us who pay for the entire system are not even considered stakeholders in education.  But don't take our word for it, look at the plan for yourself.  Exactly how do the folks at the local newspaper manage to miss the obvious right in front of them and not ask the questions as to why the taxpayers are not considered stakeholders?



Gloucester, VA School Board Sup Plan of Entry July 2014 from Chuck Thompson

Now one has to ask, does the local school board think that little of the taxpayers?  It would appear to be since they are wasting your tax dollars as fast as they possibly can.  We continue to see the waste each week.

 Vehicle number 273, Driver, D Miller, School Board, Department, Facilities Services, Reports to Dave Miller, July 21st, 2014 time, 7:21 AM.  Location spotted, Hardees Restaurant.  This is a very clear pattern of behavior for this driver.


The above vehicle we still can not get the number on but again, the vehicle belongs to the Public School system.  July 21st, at 8:33AM.






Vehicle number 284, Public Schools, July 21st, 2014.  Time, 9:17 AM.  Went inside McDonald's to have breakfast.  This was not even a drive through quick order.  This is Dave Miller the person in charge of Facilities Services.  No wonder his employees are all over the place.  They are only doing what their boss is doing but not as bad as he does.

  Maybe the Board of Supervisors should take away one hundred thousand dollars of funding per school board vehicle seen in local stores, restaurants and banks where the employees are using government vehicles for personal use, per incident.  We highly recommend the county seriously consider installing GPS tracking in all county vehicles.  This way, if a county employee is seen being someplace they do not belong, the county can actually shut down the vehicle on the employee.  This way the county also always knows where all the employees are and what they should be doing.

Now another area where this gets even worse in our view is with the new contract between the superintendent and the school board.  If you have not read that contract, maybe you should.  See section V on page 3.  The school board is allowing the new superintendent to use a government vehicle for personal use.  Never mind that this appears to be prohibited at the local level, state level and federal level as well.



Walter R. Clemons 3 Year Contract (7-1-2014-6-30-2017) Gloucester, VA from Chuck Thompson

We have filed a complaint with the IRS over the above contract as it appears to be very much in violation with IRS codes as well as Federal, State and local laws, codes and or ordinances.  Maybe we can stop this madness and send a message to the school board that we will not tolerate their complete disregard for the taxpayers and their continuous waste of our money.  We have also included the personal use of government vehicles in the complaint as this needs to end.

Sunday, November 17, 2013

Gloucester, VA School Board, No Bid Contracts, Stopping Fraud (7 of 10)

Armand A. Fusco, Ed.D.

About the Yankee Institute for Public Policy

The Yankee Institute for Public Policy, Inc. is a nonpartisan educational and research organization
founded more than two decades ago. Today, the Yankee Institute’s mission is to “promote
economic opportunity through lower taxes and new ideas for better government in Connecticut.”


 
Which contracts (construction, insurance, consultants, etc.) have been awarded 
without competitive bids? What process was used to award such contracts? Who received such contracts? What school official was given the responsibility to 
oversee the proper completion or implementation of each contract? Was any form of nepotism or favoritism involved? Were board policies followed? 
 
Background: No-bid contracts are another common source of abuse and 
fraud and, therefore, they need to be reviewed very carefully and forensically. 
 
Proposed Solution: The board’s finance subcommittee must be given full 
information about every no-bid contract, and they should authorize every such 
contract. The full board must then be informed of such contracts as part of 
each board meeting. 


It's time to stop the potential for corruption in our school system.  These policies must be introduced and enforced.  This is part 7 of 10.

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Saturday, November 16, 2013

Gloucester, VA School Board's Illegal Activities? Multi Million Dollar Order Without Money To Fund?

Here is what the code of Virginia says.

§ 15.2-1238. Certification of sufficient funds.

Except in emergency, no order for delivery on a contract or open market order for supplies or contractual services for any county department or agency shall be awarded until the chief financial officer has certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order.

15.2-1239. Orders and contracts in violation of article.

If any department or agency of the county government purchases or contracts for any supplies or contractual services contrary to the provisions of this article or the rules and regulations made thereunder, such order or contract shall be void and the head of such department or agency shall be personally liable for the costs of such order or contract.

§ 22.1-175.5. Capital School Projects Fund.

A. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the "County/City/Town of ____________ Capital School Projects Fund." All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law.

Here is what was put through by Gloucester, Virginia officials without having funds in any accounts, but instead, just an order to sell bonds. Money from bond sales did not occur until November, 2013. Oyster Point Construction accepted this in light of Virginia code?



Page Notice To Proceed Letter of Intent from Chuck Thompson

And who is accountable for all of this?  Those who signed the above documents?  Nobody?  Who cares?  You have to be kidding!  Don't worry folks, what else we have uncovered is going to show much worse than this.  We are not attorney's and this is not legal advice, but good lord, what the heck are they up to?
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Wednesday, October 16, 2013

Signing a Contract to sign a Contract? Gloucester Officials Need To Understand The Laws

Open Letter to the Citizens of Gloucester County Virginia


Since County officials are incapable of following the law as shown repeatedly on this blog site; do they think that signing a letter of intent to sign the Contract for the Swamp School is legal before the funding is available?

The Virginia Constitution was written for us to limit the government intrusion into our lives.  Have you ever read the Constitution of the United States?  How about the Constitution of Virginia?

Ҥ 15.2-1238. Certification of sufficient funds.
Except in emergency, no order for delivery on a contract or open market order for supplies or contractual services for any county department or agency shall be awarded until the chief financial officer has certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order.

15.2-1239. Orders and contracts in violation of article.
If any department or agency of the county government purchases or contracts for any supplies or contractual services contrary to the provisions of this article or the rules and regulations made there under  such order or contract shall be void and the head of such department or agency shall be personally liable for the costs of such order or contract.

§ 22.1-175.5. Capital School Projects Fund.

A. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the "County/City/Town of ____________ Capital School Projects Fund." All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law. “

The county intends to sign a letter of intent to sign the contract to build the Swamp School?  Again they violate their oath of office.  Is our county attorney trying to prove to us he is a full time County Jester and not a lawyer?  Or do they all have a total disregard for the laws of Virginia? Maybe we should let them sign the letter of intent violating the law and then let them pay for the building out of their personal funds?

I am not a lawyer and cannot give legal advice.  Our founding fathers used common sense and Christian scripture when establishing our founding documents. 

“For the Common Good. “

Sincerely,
Alexander James Jay

P.S.  "The principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale."  --Thomas Jefferson,letter to John Taylor, 1816


Our Notes:  During the 17th and 18th century, the colonies, the world, dealt with pirates who swindled anything they could get their hands on.  Today, the pirates wear ties and suits and try to convince us that what they are doing is in the best interest of the children, the community, the state or the entire country.  
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Saturday, September 14, 2013

Gloucester, VA School Board Ready To Contract Construction Without Funds

According to the Gloucester, Mathews Gazette Journal, The Gloucester School Board is ready to sign a contract with Oyster Point Construction of Newport News.  Problem is, the School board does not have the money in any account to do this.

  From what we have seen of the State law, the county is ready to move forward in violation of the laws and they could care less in our view.

Let's once again look at those laws.


§ 15.2-1238. Certification of sufficient funds.
Except in emergency, no order for delivery on a contract or open market order for supplies or contractual services for any county department or agency shall be awarded until the chief financial officer has certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order.
 

15.2-1239. Orders and contracts in violation of article.
If any department or agency of the county government purchases or contracts for any supplies or contractual services contrary to the provisions of this article or the rules and regulations made thereunder, such order or contract shall be void and the head of such department or agency shall be personally liable for the costs of such order or contract.

§ 22.1-175.5. Capital School Projects Fund.
A. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the "County/City/Town of ____________ Capital School Projects Fund." All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law.

Now here is what we know, the county has not yet sold bonds to raise the money needed for the school construction for the new swamp school.  We all know this.  How can the School board, without having the proper funds move forward with committing to a contract when they do not have the money to do so?  Do you think they really care?  

Let's dig further into the local enquirer news story, the school board has a shortage of expected funding for hardening an area of the new swamp school.  What is hardening?  They are going to take a section of the school and ensure it is built to a code where that section of the school will withstand a category 2 hurricane.  But wait.  Why isn't the entire school being built to that standard?  A category 2 storm is what comes through here pretty much every year.  Isabel was a category 3.  Schools and homes withstood that for the most part.  But the school, according to the paper, will only be hardened in one area to withstand a 2.  That means we go back to the first step to rebuild another new school after the next big storm?

  Are these people serious?  They are already wasting your tax dollars on a new school that is not needed except by a local attorney who wants to make money off of his property across the street from what we see.  (That is only our opinion at this time).   Over 1,000 acres owned by local attorney Breckenridge Ingles.  

  They played a shell game on everyone telling us they need 5 million dollars for school repairs.  Money they had but spent it instead clearing out and refinishing another school they closed and are going to reopen as office space for themselves.  How is that about the children?  Are we all being held at gunpoint by these people?  Don't look to the local paper to figure this out for you, they know about it and won't cover it for any reason.  Instead they will just feed you the official spin.

The School Board is holding a ground breaking ceremony open to the public, September, 24th, 2013 at 4:00 PM.  Board of Supervisors expected to attend.  We recommend everyone show up with all the cash you have and just give all of it to them and plan on giving plenty more.  There is no reason for you to expect to keep any of it anymore.  If you do not have cash, bring your credit cards and allow them to max them out.  Do you have any investments?  Bring those too and be prepared to hand them over.  Title on your car free and clear?  Bring it to them and let them take out a title loan in your name.  Maybe they will have representatives from the payday loan places and you can sign for a loan letting the county take the cash while you get the payback note.  Bring your gold and silver or any other valuables you have and let County Officials pawn it in your name.  

  Sorry, they are not accepting your children though, they cost money to maintain.  Just send them to the swamp school for fun and games with all the frogs and snakes.  You might even get them back at the end of the day if the school does not play SS Titanic first and sink back into the swamp groundwater.


Don't take your eye off your loved ones if you attend.  No one want's another occurrence like the one above to happen again.

Our own recommendation to Gloucester Officials is do not delay in signing, sign the contract as fast as possible.  Then read the law afterward.  No one is watching.  Really. Take our word for it.

We are not lawyers and none of this is to be considered legal advice.  Only a COMPETENT attorney can advice you on legal matters.  Finding a competent attorney is another issue however.  Maybe we can all look to the Governor's race?  Yes that was a joke.

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Saturday, July 27, 2013

Gloucester, VA To Get Illegal Middle School? Part One

Gloucester, Virginia To Get Illegal Middle School?
Above is from a Gloucester County board meeting where the request for a school bond has been made and approved as of July, 2nd, 2013.  This does not constitute money in the bank.  It constitutes the selling of bonds to raise money in order to have sufficient funds to construct a school only.
Above is from a Gloucester County board meeting where the request for a school bond has been made and approved as of July, 2nd, 2013.  This does not constitute money in the bank.  It constitutes the selling of bonds to raise money in order to have sufficient funds to construct a school only.

Looking at the information, it appears that Gloucester Officials are not following the rules:

Various headlines and work already completed indicate that Gloucester has every intention of forcing a new middle school down the throats of the citizens of the county whether or not the citizens agree that the new school should even be built.  Other problems we seem to be finding is that it has the appearance that Gloucester officials are violating state code to push their agenda through.  Let's look at the facts and then we will look at Virginia Code.  Not what Gloucester officials want done and not what the local tabloid papers are willing to investigate.  

  According to the local papers, Gloucester officials have already started requesting bids for the new school construction.  A meeting was held in July with potential builders and requests for their bids have already been made by Gloucester County officials who want those bids on their desks by August 2nd.  But is that legal?  Our research staff has been looking into that and here is what they found according to Virginia Code;

§ 15.2-1238. Certification of sufficient funds.

Except in emergency, no order for delivery on a contract or open market order for supplies or contractual services for any county department or agency shall be awarded until the chief financial officer has certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order.

What the above specifically means is that Gloucester officials can not contract or award a contract for construction without having all the proper funds in place.  

15.2-1239. Orders and contracts in violation of article.

If any department or agency of the county government purchases or contracts for any supplies or contractual services contrary to the provisions of this article or the rules and regulations made thereunder, such order or contract shall be void and the head of such department or agency shall be personally liable for the costs of such order or contract.

What this means, Gloucester officials can not under any circumstances award a contract ahead of schedule and having the sufficient funds already in place for such.  What about when a contract is implied though?

What we see so far, Gloucester Officials are already negotiating contracts but have not awarded any because they do not have the money to award such contracts.  Question, why start the bidding early?

§ 22.1-175.5. Capital School Projects Fund.

A. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the "County/City/Town of ____________ Capital School Projects Fund." All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law.

What this means, still can not violate awarding contracts early and how the funds are to be used.

Question, early bid requests for construction when funds are not secured, does this constitute a contract negotiation?  County officials have already publicly stated that an award to a contract bid is expected to be given by the end of August with the exact date stated as August 30th, 2013.  That is an implied contract award.  All this ahead of time of when bonds will have already been sold?

Is that legal?  Implied contract award and an actual contract award are two separate areas of law.  We would say that Gloucester officials have committed to an implied contract without having sufficient funds to do so from what we are seeing in the papers and on the county website.

Yet Gloucester Officials have already ordered bids for this construction as though the money is already in hand.

  The issuance of final approval must be done at a later date with a public hearing to be held.  That public hearing is to be held on August 6th, 2013 and it is a public hearing.  Everything we are seeing so far, the Gloucester Board of Supervisors, despite what the local citizens may disagree to, have every intention of pushing this through.  That is big government doing what it wants to when it wants to and damn the people.

  But let's look closer at these issues.  Are Gloucester officials violating their oaths of office?  We think there is a case for that, and if there is, then everything they do here could end up on their shoulders and be null and void and all expenses on each individual official involved.

Let's explore that now.  The following is what the Virginia Code reads;



§ 49-1. Form of general oath required of officers.

Every person before entering upon the discharge of any function as an
officer of this Commonwealth shall take and subscribe the following oath: "I
do solemnly swear (or affirm) that I will support the Constitution of the
United States, and the Constitution of the Commonwealth of Virginia, and that
I will faithfully and impartially discharge all the duties incumbent upon me
as .......... according to the best of my ability, (so help me God)."

§ 24.2-120. Oath of office.

The oath of office for the members of the electoral board, registrars, and officers of election shall be the oath stated in Article II, Section 7, of the Constitution. Each member of the electoral board, registrar, and officer of election shall take and sign the oath before performing the duties of his office.

Each member of an electoral board and general registrar shall file the original signed oath in the clerk's office of the circuit court of his county or city. The general registrar shall file a copy with the secretary of his electoral board.

The oath of office for assistant and substitute registrars, officers of election, and voting equipment custodians may be administered by a general registrar or a notary as well as by persons authorized to administer oaths under § 49-3.

The oath of office for officers of election may be administered by a member of the electoral board, the general registrar, an assistant or substitute registrar, as well as by notaries and persons authorized to administer oaths under §49-3.

Article 2

Section 7. Oath or affirmation.

All officers elected or appointed under or pursuant to this Constitution shall, before they enter on the performance of their public duties, severally take and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ...................., according to the best of my ability (so help me God)."

Section 8. Electoral boards; registrars and officers of election.

There shall be in each county and city an electoral board composed of three members, selected as provided by law. In the appointment of the electoral boards, representation, as far as practicable, shall be given to each of the two political parties which, at the general election next preceding their appointment, cast the highest and the next highest number of votes. The present members of such boards shall continue in office until the expiration of their respective terms; thereafter their successors shall be appointed for the term of three years. Any vacancy occurring in any board shall be filled by the same authority for the unexpired term.

Each electoral board shall appoint the officers of election and general registrar for its county or city. In appointing such officers of election, representation, as far as practicable, shall be given to each of the two political parties which, at the general election next preceding their appointment, cast the highest and next highest number of votes.

No person, nor the deputy of any person, who is employed by or holds any office or post of profit or emolument, or who holds any elective office of profit or trust, under the governments of the United States, the Commonwealth, or any county, city, or town, shall be appointed a member of the electoral board or general registrar. No person, nor the deputy or the employee of any person, who holds any elective office of profit or trust under the government of the United States, the Commonwealth, or any county, city, or town of the Commonwealth shall be appointed an assistant registrar or officer of election.

The amendment ratified November 4, 1986 and effective January 1, 1987—In paragraph two, after "officers", deleted the words "and registrars" and added "and general registrar" after "of election". In paragraph three, after "the electoral board or", added the word "general" before "registrar" and deleted a reference to officer of election, and added the last sentence: "No person, nor the deputy or the employee of any person . . .".

Above is the legal status of each Gloucester official.  They are sworn to uphold the federal as well as the state Constitution.  No exceptions.  What happens if they violate that oath?  We have found that answer and here it is.

§ 15.2-1405. Immunity of members of local governmental entities; exception.

The members of the governing bodies of any locality or political subdivision and the members of boards, commissions, agencies and authorities thereof and other governing bodies of any local governmental entity, whether compensated or not, shall be immune from suit arising from the exercise or failure to exercise their discretionary or governmental authority as members of the governing body, board, commission, agency or authority which does not involve the unauthorized appropriation or misappropriation of funds. However, the immunity granted by this section shall not apply to conduct constituting intentional or willful misconduct or gross negligence.


The above is from the Gloucester County Board of Supervisors meeting held July, 2nd, 2013.  Clear that the bonds have not even been fully approved yet.  

However, bids for construction are being sought for this new school.  That seems to be an implied contract.


http://www.putlocker.com/file/5A96CBE94D19ABC7  Download a copy of the video.  It's an MP4 version and less than 95 megs in size.


The above video link shows that Gloucester will in fact be going through with the new school construction even though they have another school being remodeled that could easily cover the needs of schooling for the community.

  The person states that there will be a new contractor for the construction of the new school.  Implied contract seems to fully exist in our view.  Now does the implied contract violate Virginia State Code?  That is the main question at this point and in our own view, yes it does.  If it shown to be a violation of state code, then Gloucester officials can be forced into paying all these costs out of their own pockets and all contracts are null and void.  

This is part one of several parts to this story.  We have uncovered much more and will be covering it all very soon.

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