Gloucester, VA Animal Control Ordinances vs State and Federal Laws and Codes

We have completed going through all of the Gloucester County, Virginia ordinances as they relate to and are covered under Animal Control.  What we have found are numerous violations in a number of local ordinances.

  Gloucester Animal Control Ordinance 3-18 is our biggest complaint, however, it is not our only complaint.  We have a real problem with Gloucester County officials just making up ordinances in violation of both state as well as federal codes, and or laws.

It is outrageous that county officials have gotten away with this for so long and it's time to put a stop to it all.   Here is what we found posted in a SlideShare container to keep the site compact but still very usable.

Gloucester, Virginia Animal Control Ordinances With Notes, 10 2014 from Chuck Thompson

The above is the complete Animal Control ordinances for Gloucester County as of November 2nd, 2014 as they currently stand.  We have highlighted areas we found to be illegal or highly questionable, in yellow.  Our notes follow the yellow highlighted sections with a salmon colored highlighting over the notes.  We point out that we can not find any corresponding state codes and argue to have these illegal codes removed from the books.

  A copy of the above has already been sent to the Board of Supervisors for this upcoming meeting to be held at the Colonial Courthouse in the Courthouse circle on Wednesday evening.  That meeting starts at 7:00 PM.

  Our biggest contention is the very highly illegal ordinance 3-18.  We have done all the research on this ordinance and it's proposed changes and have sent all the findings to the Board of Supervisors asking that no form of ordinance 3-18 show up on the books as it not only violates state codes, it also violates Federal Laws too.

Sec. 3-18. Animals in enclosed vehicles.

(a) It shall be unlawful to leave any animal in a vehicle without the
benefit of air conditioning when the outside temperature reaches
eighty (80) degrees Fahrenheit or greater.

(b) Any person who confines an animal in an unattended vehicle so as
to cause the animal to suffer from heat stress, shall be guilty of a
Class 1 misdemeanor. The animal control officer or other officer
shall have the authority to remove any animal found left in an
enclosed a vehicle that appears to be suffering from heat stress.
The animal shall be provided immediate veterinary care. The
animal owner or custodian shall be responsible for all expenses
incurred during the removal of the animal or its subsequent
treatment and impoundment.

(c) In the event that the person responsible for the violation cannot be
ascertained, the registered owner of the vehicle, as required by
Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in
evidence a prima facie presumption that such registered owner
was the person who committed the violation."

The above is the proposed new ordinance 3-18. It's original form was not legal and this new re write is even more illegal than it's predecessor.  We have posted those reasons on here many times already.  What we have not posted on here is Federal laws.  We have heard arguments being claimed that Animal Control isn't considering horse trailers as vehicles.  Well under the definition of federal law, horse trailers are considered vehicles.

CFR Title 41;  §102-34.35  

Motor vehicle means any vehicle, self propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a military design motor vehicle or vehicles not covered by this part (see §102-34.20).

That is the definition of a vehicle under federal law.  So it does include a horse trailer as a vehicle.  Animal Control's statements do not override federal law.

Further, we did research under title 49 of federal laws to see if the federal government requires air conditioning for transportation of people or animals.  There are no requirements and anyone who wants to question this, please, here are the links to check out for yourself.

http://www.ecfr.gov/cgi-bin/text-idx?SID=9a28a870eb068ad5786c867c66dab6bd&tpl=/ecfrbrowse/Title49/49cfr393_main_02.tpl

Transportation of migrant workers

http://www.ecfr.gov/cgi-bin/text-idx?SID=9a28a870eb068ad5786c867c66dab6bd&tpl=/ecfrbrowse/Title49/49cfr398_main_02.tpl

Yes, we even looked up the transportation of migrant works as it is only reasonable that these laws would be more stringent.  Air conditioning is not required under federal laws.

  Local ordinances can not supersede state laws that can not supersede federal laws.  Animal Control ordinance 3-18 seeks to supersede both state and federal laws.  That is simply outrageous.

Today, Sunday November 2nd, 2014, we received a phone call from a friend who told us about a meeting of concerned animal owners in the county, the meeting of which was held at Anna's Pizza in the courthouse area.  Some of the people at this meeting are not going to be able to attend the Board of Supervisors meeting this coming Wednesday.

We have sent a copy of this petition to the Board of Supervisors and we recommend that everyone who is concerned about this and other illegal ordinances contact the Board as soon as possible before Wednesday Night's meeting.

BoS@gloucesterva.info is their email address.

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Gloucester, VA Officials Violate Anti Trust Laws In Illegal Gun Fraud Scam?

Since when has it become legal to backdate laws?  What state code gives any locality in the state of Virginia the ability to backdate when a new ordinance update takes effect?  What state law exists in Virginia that allows any locality the ability to violate the Dillon Rule when Virginia is clearly a Dillon Rule state?

  Since when has it become law for county officials who are not law enforcement officers to sell guns without a license to do so in violation of state laws and antitrust laws?   These are some very tough questions we want to see answered.  Why?  Because it seems that our county Board of Supervisors, county attorney and county administrator have just broken a nice large list of laws that would all seem to qualify as felony charges against each one of them.

  Let's take a look at this mess.  Tuesday night, December 3rd, 2013 the Board of Supervisors voted to pass option 3 of county ordinance 22-20, Purchase of Handguns By Retired Officers.  The main objective?  To sell an already retired animal control officer a handgun for a buck.  Let's look at the entire list of options as it came off of the Gloucester County Virginia Government website.

Gloucester, VA Code 22-20 Purchase of Handguns from Chuck Thompson

Look at the very bottom of page 12.  It is retroactive as of July, 2013.  Wait, they just passed this vote Tuesday night, December 3rd, 2013.  How can they backdate this?  There was no public hearing prior to that date to argue either for or against the ordinance.  In fact, it did not even become an issue until September, 2013.  How can they backdate the new updated ordinance to July, 2013?  Isn't that fraud?  It was done to allow Carl Shipley, retired animal control officer, the ability to buy his handgun that he carried for years, for one dollar.

  But wait, we already argued that he is not eligible to buy his handgun as we are not able to see any state law that allows anyone in animal control to qualify under the state law as it presently exists.  County officials have not been able to show evidence of this either.

  Hold on now, it gets worse.  Let's look at the sale of firearms in the state of Virginia.

Chapter 11.1 - Firearms

§ 59.1-148.4. Sale of firearms by law-enforcement agencies prohibited; exception.

A law-enforcement agency of this Commonwealth shall not sell or trade any firearm owned and used or otherwise lawfully in its possession except (i) to another law-enforcement agency of the Commonwealth, (ii) to a licensed firearms dealer, (iii) to the persons as provided in § 59.1-148.3 or (iv) as authorized by a court in accordance with § 19.2-386.29.

Brenda Garton is the county administrator, not law enforcement, so exactly how is it that she can be authorized to sell handguns to retired animal control?

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by §15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

D. For purposes of this section, "workplace" means "workplace of the locality."

From what we are reading above, county officials can not create the ordinance 22-20, option 3 as listed above in the container.

§ 15.2-1426. Form of ordinances.

The object of every ordinance, except an ordinance approving a budget, an annual appropriation ordinance or an ordinance which codifies ordinances, shall be clearly expressed in its title. All ordinances which repeal or amend existing ordinances shall identify by title the section to be repealed or amended.

Where is backdating added into the above?

§ 15.2-1427. Adoption of ordinances and resolutions generally; amending or repealing ordinances.

A. Unless otherwise specifically provided for by the Constitution or by other general or special law, an ordinance may be adopted by majority vote of those present and voting at any lawful meeting.

B. On final vote on any ordinance or resolution, the name of each member of the governing body voting and how he voted shall be recorded; however, votes on all ordinances and resolutions adopted prior to February 27, 1998, in which an unanimous vote of the governing body was recorded, shall be deemed to have been validly recorded. The governing body may adopt an ordinance or resolution by a recorded voice vote unless otherwise provided by law, or any member calls for a roll call vote. An ordinance shall become effective upon adoption or upon a date fixed by the governing body.

C. All ordinances or resolutions heretofore adopted by a governing body shall be deemed to have been validly adopted, unless some provision of the Constitution of Virginia or the Constitution of the United States has been violated in such adoption.

D. An ordinance may be amended or repealed in the same manner, or by the same procedure, in which, or by which, ordinances are adopted.

E. An amendment or repeal of an ordinance shall be in the form of an ordinance which shall become effective upon adoption or upon a date fixed by the governing body, but, if no effective date is specified, then such ordinance shall become effective upon adoption.

F. In counties, except as otherwise authorized by law, no ordinance shall be passed until after descriptive notice of an intention to propose the ordinance for passage has been published once a week for two successive weeks prior to its passage in a newspaper having a general circulation in the county. The second publication shall not be sooner than one calendar week after the first publication. The publication shall include a statement either that the publication contains the full text of the ordinance or that a copy of the full text of the ordinance is on file in the clerk's office of the circuit court of the county or in the office of the county administrator; or in the case of any county organized under the form of government set out in Chapter 5, 7 or 8 of this title, a statement that a copy of the full text of the ordinance is on file in the office of the clerk of the county board. Even if the publication contains the full text of the ordinance, a complete copy shall be available for public inspection in the offices named herein.

In counties, emergency ordinances may be adopted without prior notice; however, no such ordinance shall be enforced for more than sixty days unless readopted in conformity with the provisions of this Code.

G. In towns, no tax shall be imposed except by a two-thirds vote of the council members.

The highlighted section above does not allow for backdating.  Just dating.  Let's continue to look at the laws.

§ 15.2-1433. Codification and recodification of ordinances.

Any locality may codify or recodify any or all of its ordinances, in permanently bound or loose-leaf form. Such ordinances may be changed, altered or amended by the governing body, and ordinances or portions thereof may be deleted and new material may be added by the governing body. Such changes, alterations, amendments or deletions and such new material shall become effective on the effective date of the codification or recodification.

Ordinances relating to zoning and the subdivision of land may be included in any codification or recodification of ordinances; however, no change, alteration, amendment, deletion or addition of a substantive nature shall be made and no new material of a substantive nature shall be added to such ordinances unless, prior to the date of adoption of such codification or recodification, notice of such proposed changes, alterations, amendments, deletions or additions shall be published as required by the Code of Virginia and public hearings held thereon as provided by the Code of Virginia for adoption and amendment of zoning and subdivision ordinances. Renumbering or rearranging of sections, articles or other divisions of any such ordinance shall not be deemed to be a change, alteration or amendment of a substantive nature.

Any such codification or recodification may be adopted by reference by a single ordinance, without further publication of such codification or recodification or any portions thereof. The ordinance adopting such codification or recodification shall comply with all laws of the Commonwealth and any provision of any city or town charter requiring posting or publication of ordinances or notice of intent to adopt ordinances. At least one copy of such codification or recodification or a complete set of printer's proofs of the text thereof shall be made available for public inspection in the office of the clerk of the governing body in which such codification or recodification is proposed to be adopted.

No ordinance levying or increasing taxes shall be enacted as new material in any such codification or recodification or amended in substance therein unless advertised in accordance with general law.

Supplements for such codifications or recodifications may be prepared from time to time at the direction of the governing body of the locality, either as units or on a replacement page basis; however, where replacement pages are prepared, a distinguishing mark or notation shall be placed on each replacement page to distinguish it from original pages and pages of other supplements. No further adoption procedure shall be required for supplements or replacement pages in which no substantive change is made in ordinances previously and validly adopted by the governing body of the locality. If changes, alterations, amendments, deletions or additions of a substantive nature are made in any such supplement, then such supplement shall be adopted by the governing body in the same manner provided by general or special law.

At least one copy of any codification or recodification adopted hereunder and at least one copy of every supplement thereto shall be kept in the office of the clerk of the governing body and shall there be available for public inspection during normal business hours.

Any codification or recodification adopted hereunder shall be admitted in evidence in all courts without further proof.

From what this state code reads, backdating is not an option.  Also, we looked at the October meeting where this was first introduced.  Effective backdating was not listed as a potential option and the public was not made aware that this change to the local ordinance would be backdated.  So again, we ask how is this legal?  See below for the full documentation.

Gloucester, VA One Dollar Gun Sales Update from Chuck Thompson

Now in all fairness, I can argue a case for the backdating based on the way the state code reads, however, it would have to be advertised and also included in previous documents to take legal effect, which the backdating of the new ordinance in question does not have attached to it.  Therefore, I could not reasonably argue the backdating the way it has been done.  Therefore, it is viewed as fraud in our opinion.

Let's also look at the legal definition of Animal Control.

§ 3.2-6555. Position of animal control officer created.

The governing body of each county or city shall, or each town may, employ an officer to be known as the animal control officer who shall have the power to enforce this chapter, all ordinances enacted pursuant to this chapter and all laws for the protection of domestic animals. The governing body may also employ one or more deputy animal control officers to assist the animal control officer in the performance of his duties. Animal control officers and deputy animal control officers shall have knowledge of the animal control and protection laws of the Commonwealth that they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law-enforcement officer as defined in § 9.1-101, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the locality where the animal control officer or deputy animal control officer is employed.

 Commercial dog breeding locations shall be subject to inspection by animal control at least twice annually and additionally upon receipt of a complaint or their own motion to ensure compliance with state animal care laws and regulations. The animal control officer and the deputy animal control officers shall be paid as the governing body of each locality shall prescribe.

Any locality where an animal control officer or deputy animal control officers have been employed may contract with one or more additional localities for enforcement of animal protection and control laws by the animal control officers or deputy animal control officers. Any such contract may provide that the locality employing the animal control officer or deputy animal control officers shall be reimbursed a portion of the salary and expenses of the animal control officer or deputy animal control officers.

Every locality employing an animal control officer shall submit to the State Veterinarian, on a form provided by him, information concerning the employment and training status of the animal control officers employed by the locality. The State Veterinarian may require that the locality notify him of any change in such information.

The above does not show Animal Control officers as qualifying under state code; § 59.1-148.3. Purchase of handguns of certain officers.  So what we have here is a county ordinance that appears to violate the Dillon rule on multiple levels, is backdated and contains the sale of guns by a person not authorized by the state to sell handguns?  All written by a county attorney and approved in a 5 to 1 to 1 vote by the Board of Supervisors?  And these people patted themselves on the back for all of this and more?

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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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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.

Supporting Documents Gloucester board of Supervisors Bond Issue from Chuck Thompson

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.

Supporting Documents Gloucester board of Supervisors Bond Issue from Chuck Thompson

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://gloucester.granicus.com/MediaPlayer.php?view_id=2&clip_id=552

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.

Gloucester, VA - Proposed Re Write Of County Animal Control Ordinance Section 3-15

We have been going through the new proposed ordinance codes for Animal Control of Gloucester County and we are proposing several re writes already.  Specifically to section 3-15.  Our re writes put the code into state compliance where the present writing seems to cause a technical problem that could legally through the code out in a court of law if argued correctly.

  We removed the title at the top of the code, which presently reads as follows; "Failure To Perform Duties of Ownership".  The reason we removed this section is that it potentially opens the ordinance to malicious and or abusive charges and or prosecutions.  With that potential existing, it becomes a very serious threat to the public trust and in contradiction to how the state code 3.2-6503 and or 3.2-6503.1 are meant to be used which is what Gloucester County ordinance 3-15 is supposed to be mimicking.

  We added in after each statement Virginia law definitions from 3.2-6500 so that people are easily able to understand the ordinance and are not confused by the present way that the code reads and without having to search all over the place to find the meaning.  We also changed the way 3-15 ends with "The provisions of this section shall also apply to every an owner or custodian
of any animal, fowl, or reptile, including every private owner, animal shelter or
other releasing agency, and every foster care provider, pound, dealer, pet
shop, exhibitor, kennel, groomer, and boarding establishment. This section
shall not require that animals used as food for other animals be euthanized."

We changed this back to follow state law and be in full compliance with state law.  We put it as follows;

"The provisions of this section shall also apply to every pound, animal shelter, or other

releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer,

and boarding establishment. This section shall not require that animals used as food for other

animals be euthanized."

Present proposed ordinance 3-15 is written more broadly than state law 3.2-6503 which on a technical level, could just invalidate the ordinance as the terminology places agricultural animals, fowl and reptiles in the same category as domestic animals changing the meaning of the law altogether.  Hence a violation of state law and illegal causing it to be null and void in our view.

The following are our proposals for re writing the code to meet the needs of the county that would ensure and maintain the public trust.

Proposed Re Write of local ordinance 3-15

January 15th, 2013

Sec. 3-15.  Care of companion animals by owner; penalty. Based on VA Law 3.2-

6503

(a) Each owner or custodian of an animal shall provide for each of his

companion animals all the following as defined in section 3.2-6500 of

the Code of Virginia:

(1) Adequate feed;

Definition from VA law 3.2-6500:  “Adequate feed” means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

(2) Adequate water;

Definition From VA Law 3.2-6500: “Adequate water” means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

(3) Adequate shelter that is properly cleaned and sanitized;

Definition from VA Law 3.2-6500: “Adequate shelter” means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals’ feet to pass through the openings; (ii) sag under the animals’ weight; or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter.

“Properly cleaned” means that carcasses, debris, food waste, and excrement are removed from the primary

enclosure with sufficient frequency to minimize the animals’ contact with the above-mentioned contaminants;

the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and

the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly

sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants,“Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

“Enclosure” means a structure used to house or restrict animals from running at large.

(4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

Definition from VA Law 3.2-6500: “Adequate space” means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered, 

“adequate space” means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

(5) Adequate exercise;

Definition of VA Law 3.2-6500:  “Adequate exercise” or “exercise” means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

(6) Adequate care, treatment and transportation; 

Definition of VA Law 3.2-6500:  “Treatment” or “adequate treatment” means the responsible handling or

transportation of animals in the person’s ownership, custody or charge, appropriate for the age, species,

condition, size and type of the animal.

“Veterinary treatment” means treatment by or on the order of a duly licensed veterinarian.

(7) Veterinary care when needed for disease control or to

prevent suffering or disease transmission.

Definition of VA Law 3.2-6500:  “Adequate care” or “care” means the responsible practice of good animal

husbandry, handling, production, management, confinement, feeding, watering, protection, shelter,

transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.

“Emergency veterinary treatment” means veterinary treatment to stabilize a life-threatening condition, alleviate

suffering, prevent further disease transmission, or prevent further disease progression.

“Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness. The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized.

(c) Violation of this section is a Class 4 misdemeanor. A second or

subsequent violation of section 3-15 (a)(1), (2), (3) or (7) is a class 2

misdemeanor; and a second or subsequent violation of section 3-15

(a)(4), (5) or (6) is a class 3 misdemeanor.

Transparency in government statement:  How Animal Control Officers seek to use this law to ensure

local compliance.  (Open so that Gloucester County Animal Control can make it's statement in this

section).

Now for Section 3-15.1 this is our proposed re write of that ordinance code;

Sec. 3-15.1. Care of agricultural animals; penalty. Based on VA Law 3.2-6503.1

(a)  Each owner or custodian shall provide for each of his

agricultural animals:

Definition from VA Law 3.2-6500: “Agricultural animals” means all livestock and poultry.

(1) Feed to prevent malnourishment;

Definition from VA Law 3.2-6500: “Adequate feed” means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

(2) Water to prevent dehydration; and

Definition from VA Law 3.2-6500: “Adequate water” means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

(3) Veterinary treatment as needed to address impairment of

health or bodily function when such impairment cannot be

otherwise addressed through animal husbandry, including

humane destruction.

Definition from VA Law 3.2-6500:  “Veterinary treatment” means treatment by or on the order of a duly licensed veterinarian.

(b) The provisions of this section shall not require an owner to

provide feed or water when such is customarily withheld, restricted,

or apportioned pursuant to a farming activity or if otherwise

prescribed by a veterinarian.

(c) There shall be a rebuttable presumption that there has been

no violation of this section if an owner is unable to provide feed,

water, or veterinary treatment due to an act of God.

(d) The provisions of this section shall not apply to agricultural

animals used for bona fide medical or scientific experimentation.

(e) A violation of this section is a class 4 misdemeanor.

Transparency in government statement:  How Animal Control Officers seek to use this law to ensure

local compliance.  (Open so that Gloucester County Animal Control can make it's statement in this

section)

These are our re writings to the presently proposed ordinances and we are sending these proposals to the Board of Supervisors as well as the Gloucester Mathews Gazette Journal.  We think this is a better way to present the ordinances.  We added in the transparency in government sections at the end of each ordinance so that everyone may be able to see how the county plans on using such.

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