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?
“§ 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. “
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.