Showing posts with label Local government. Show all posts
Showing posts with label Local government. Show all posts

Monday, July 8, 2013

Gloucester County Supervisors Spendthrift With Your Tax Dollars

It was only a few short months ago we heard the Gloucester County board of supervisors crying over not having enough money and wanting to raise taxes on everyone in the county.  So what did they do this past week?  On Tuesday night at the board of supervisors meeting, they voted to give all county employees an extra day off with pay.

The county employees had Thursday, July 4th off as part of our national holiday celebration.  That is all fine and good.  No issues.  But the board of supervisors voted to give all the employees off on Friday, July 5th, 2013 with pay.

  Let's be fair.  The county employees do deserve that break, I will give them that, however, let's look at the bigger picture and see if that decision made any sense.  Starting this Friday, federal employees are laid off one day per week for the next 11 weeks without pay.  They can not use sick time nor vacation time to cover the days lost.  They will not be paid for those days off.  It's the federal government sequestration project designed to hurt the economy because of stupid lousy government politics.

  That means that a lot of citizens who are employed by the federal government are having their pay cut in a manner that will cause serious financial hardships.  Each employee is losing 2 days pay from each paycheck for the next 11 weeks. All of these employees still have all their bills, mortgages, car payments, travel expenses, insurance and food to pay like everyone else.  Each of these folks still have their taxes to pay as well.

  Now how do you think it looks for government employees who are being cut back to learn that local government is spending these folks tax dollars to pay employees not to work?  We have talked to several federal employees and they are mad as hell about this.

  They want to know, what is the board of supervisors is going to do if and when money is so tight that bills must be postponed for payments?  What plans and or actions are the board of supervisors taking into consideration for this?  So we will be sending this post to the county board of supervisors and we will be expecting their answers or lack thereof.

  For here in the United States, government is meant to be by the people, for the people.  Not by the people for the government.  Not by the people for special interests.  Not by the people for corporations.  Each member of the board of supervisors was elected to serve the people, not serve against the people at any time for any reason.  Local government employees are in place to assist in governing by the people for the people.  Special interests, corporations and government for itself be damned.  We all expect what is fair and just.
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Wednesday, April 17, 2013

Gloucester, VA - Local Government Officials Don't Even Follow Their Own Laws?


http://library.municode.com/index.aspx?clientID=10843  This is a link to Gloucester, VA municode where local ordinances are listed for the entire county.  The specific link above is for required landscaping.  In the above picture, the white building to the left is the Gloucester County garage.  Why have they not followed their own ordinances in landscaping?

  We have county officials who drive county vehicles at taxpayer expense to run personal errands, officials who do not follow their own codes, officials who are involved in what appears to be serious conflicts of interest playing roles on multiple public boards, officials who initiate poor public sidewalk designs that hurt local businesses, officials that violate the Dillon Rule and make up their own ordinances as they go along, and these people want to raise your taxes to give each other raises?  It's not a democratic or republican party thing.  It's just county officials having a party at taxpayer expense.  They want to thank you for paying.

In this photo we have local businesses complying with local ordinances at a fairly hefty expense to the businesses.







In this photo we have PHA or Peninsula Heating and Air that looks like they are in violation of the ordinance.  In fact, the owner has been overheard bragging that he has no intention of ever complying as he thinks the ordinance is stupid.  Why are some businesses and the county allowed to not comply while others have to?

Are you tired of paying for their party yet?

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Wednesday, March 13, 2013

Gloucester, VA's Trilateral Secret Government Now Exposed

Gloucester, VA's very own Trilateral secret government is now exposed.  This is shear conspiracy and it is now safe to say that there can now be no public trust of our county government.  It has been fully compromised by special interests.  We posted the news last night how Louise Theberge, Chairperson of the Gloucester County Board of Supervisors is also a board member on the Gloucester Main Street Preservation Trust.  This is beyond a conflict of interest and now there is no way of telling just where Gloucester County government begins or where it ends.

This means that secret meetings that concern county government can and most likely are going on behind closed doors and that secret deals are being made that no one outside those rooms will ever know about.  That means full deniability exists for any accusations for wrong doing can be made because there is no way to prove it because those meetings were closed.

  This means that Gloucester's own special interests now control your tax dollars and can use it to enrich themselves.  There is no way to tell just how many county officials have been compromised.  We know that several board members have as well as numerous officials just based on the video clip we posted last night.

  Expect full deniability that any kind of wrong doing is going on. Expect only a positive spin to be created around this if they ever even bother to discuss it.  No one is going to shoot themselves or each other in the head.  You won't read about this in the local paper either as we would highly suggest that they are part of the partnership.  You have to control the local media to stay out of the lime light and to also create positive news stories around it all.

  This also means that you have no chance of getting anything put through the county that the Trilateralist's do not approve of.  There is no way of knowing then who really controls the government in the county other than special interests.

  Could it be that the reason for the new proposed water and sewage fees that the county wants passed against the citizens to free up the general fund is so that the general fund will have more money to be raided by the special interests?  It's a fair question at this point.  The special interests are composed of a local well know construction company, well known lawyers, and well known suppliers.

  Lets meet the Trilateral Secret Government Again.  At the top of the snake is the Cook Foundation.  Next is the Gloucester Main Street Preservation Trust.  Third in line is the Gloucester Main Street Association.  That is the peeking order.  Again we have to ask, what is the purpose of three non profit groups all getting involved in promoting anything in the county if there is no money involved in it?  There has to be a profit motive.  Why would any private non profit entity want to promote bringing in new business into the county unless there was money to be made from doing so?

  There is money to be made from doing so and that is by taking over sections of the local government and playing a third party roll in all of it.  Setting up secret sweetheart deals that provide kickback donations?  You really need to look at the web sites of these entities and read between the lines.  In general, they are not at all logical.

Here are the links;

http://www.cookfoundation.info/index.html  The Cook Foundation

http://mspt.org/  Gloucester Main Street Preservation Trust

http://gloucestervillage.com/  Gloucester Main Street Association

 
  The Gloucester Main Street Association still has facts about Gloucester County that are wrong on their site.  Gloucester is not the Daffodil Capital of the world.  Never has been and is not likely to ever be.  Yet somehow the county has managed to steal the name as a title only.  Holland is the world's largest producer of the bulbs and England is the world's largest producer of cut Daffodils as well as using Daffodils for making medicine.  Gloucester County is also not Virginia's oldest living village.  Gloucester is an offspring of York County.  So Gloucester is older how?  But then again these people make up their own rules, their own laws and whatever else benefits them even when they violate state laws.

  They are more than happy to make up ways to prosecute you when they are the ones who should be prosecuted.  We don't make this stuff up.  It's all there right in front of you.  Watch their videos and read who is on certain boards.  It''s as plain as the nose on your face that you do not see until you look in the mirror.

  These people think they have a right to do this and that you are nothing more than cattle.  Welcome to the real world.


For all the latest news, please click on the Home button towards the top of this site.
Have a news story? Submit it above.
Some of Gloucester's most incredible history is found on this site in detail.
Gloucester, VA Links and News – A GVLN Website.
We cover what no one else will.


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Friday, January 11, 2013

Gloucester, VA - Dillon Rule For State And Local Government And Home Rule Laws

Once again we have heard from the person who stated yes to Gloucester Animal Control Law, Section 3-15 being a valid law.  The following is the recent reply and we again wish to thank that person for taking the time to respond and the invaluable argument that person gives as well as contributing to the knowledge base of us all.


Me again. I think the discussion is moving in the correct direction. I would suggest that the intent of 6543 is to permit local governments to adopt AND make more stringent ordinances that parallel the sections listed. Localities may adopt parallel ordinances for all of the code so long as they are not more stringent. In fact, they do not need to do so because the locality could simply rely on the state code to file charges. Adopting codes locally serves to make ordinances overall more clear and transparent so a citizen does not have to navigate a few applicable ordinances in local law (that in this case are permitted to be more stringent) and a few from state law never really knowing if they have observed all laws. 

So, I continue to maintain that if you do not like the ordinance, your beef should be with the state, not the locality. This is particularly true in Virginia given it is a "Dillon Rule" state.

I trust this information is useful.

One argument I have here is the use of "Adopt AND" phrase in the above argument. In state law 3.2-6543, there is a coma after adopt in the wording that the state uses and it is there for a reason.  It has a meaning.  If the state law makers meant "adopt and", then they would not have used the coma in the sentence.  In law, the coma break is used to signify the proper context of the meaning.  Now let's look at the Dillon Rule.

                                                                                                                                                                             
                                                                                                                                                                         


Dillon Rule in Virginia


Fairfax County operates under the urban county executive form of government, an optional form of Virginia county government, and like other Virginia local governments,Fairfax County has limited powers.
More specifically, Virginia courts have concluded that local governments in Virginia have only:
  1. Those powers that are specifically conferred on them by the Virginia General Assembly
  2. Those powers that are necessarily or fairly implied from a specific grant of authority
  3. Those powers that are essential to the purposes of government -- not simply convenient but indispensable
This doctrine of limited authority for local governments is commonly called the Dillon Rule, a name that is derived from the writings of John Forest Dillon, who served as a judge, a law professor and an author of legal textbooks in the latter part of the nineteenth century. The Dillon Rule is used in interpreting law when there is a question of whether or not a local government has a certain power. The Dillon Rule narrowly defines the power of local governments. It also states that if there is any reasonable doubt whether a power has been conferred on a local government, then the power has NOT been conferred.
The Dillon Rule as a concept is found in all states – meaning that apart from the power ceded to the federal government in the U.S Constitution, the state governments have all the remaining governmental authority. However, most states have adopted various types of “home rule” provisions that permit some or all of their local governments to undertake those governmental functions that are not specifically precluded by the laws of those home rule states. Virginia has not provided such home rule authority to its local governments.
The Virginia Supreme Court and other Virginia courts routinely apply the Dillon Rule to determine whether or not a local government has the legal authority to undertake a disputed action. For well-established county functions, like planning, zoning, and taxation, there are a number of statutes that give the county clear direction and authority to act, but in new areas of governmental concern, the Dillon Rule can serve as a constraint to innovative governmental responses.
This means that Fairfax County has limited powers in areas such as raising revenue, and it cannot take certain actions without appropriate action from the state, which limits revenue diversification options among other things.
                                                                                                                                                                            
                                                                                                                                                                             

The above is reprinted from http://www.fairfaxcounty.gov/government/about/dillon-rule.htm the Fairfax County Government web site.


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Home Rule Law & Legal Definition

Home rule is the power of a local city or county to set up its own system of self-government without receiving a charter from the state. Home rule is allowed under some state constitutions. The authority to act in local affairs is transferred from state law to a local charter, adopted and, as need be amended, by the voters through referendum. Home rule shifts much of the responsibility for local government from the state legislature to the local community. A county that adopts a home rule charter has the ability to amend its governmental organization and powers to suit its needs. A home rule charter is, in essence, a local constitution.
A home rule county is still subject to restrictions found in the United States Constitution, state constitutions, and in state laws applicable to all counties. While not restricted to only things specifically authorized by state law, home rule counties can do anything not specifically forbidden by state or federal law.
                                                                                                                                                                                                                  
                                                                                                                                                                                      

The "Home Rule" definition is reprinted from http://definitions.uslegal.com/h/home-rule/ US Legal web site.  The link will take you right to the definition as re printed above.

  So again, I like the argument.  It is very clear, well thought out and executed, however I still see all of these flaws.  So again, I argue that the state has not authorized the county to import and or alter Gloucester County Animal Control Section 3-15 as derived from state law 3.2-6503 as it pertains to what the state does permit under 3.2-6543 which only allows restricted adoptions of certain laws and 3.2-6503 not on the approved list for adoption.  No where do we see the Dillon Rule working on Gloucester County's behalf, but instead, against it.  The Dillon Rule is limited government not expanded government.  To import 3.2-6503 and alter it is an expansion of power, not a limitation of power and definitely not a transparent use of law but more like an abuse of law in our view.


§ 15.2-1425. Actions by localities.
The governing body of every locality in the performance of its duties, obligations and functions may adopt, as appropriate, ordinances, resolutions and motions.

  If you wish to argue this as being open to adopting state laws under the Dillon Rule, we don't see it as a valid argument.  We have gone through the laws of what localities can and can not do, 3.2-6543 seems to stand as what localities may adopt for the laws and or ordinances of each locality within the state under Animal Control Laws.  Section 3-15 of Gloucester County Animal Control Law does not seem to stand the test as it is derived from 3.2-6503 of Virginia State law that does not fall under 3.2-6543 as having the ability to be adopted by localities.  Again the coma after the word, "Adopt" in the state law 3.2-6543 is the key here.

  If I were to hazard a guess as to who our person is with a brilliant grasp of our legal system, I would guess that it's a person who is employed by the Gloucester County government.  If I were to hazard an even further guess as to exactly who this person is I would hazard it to be Ted Wilmot, the Gloucester County Attorney.  These are only guesses.  Either way, it seems clear that the intent of the continuing arguments for 3-15 is in defense for having the law on the books of Gloucester County as it has the ability to raise plenty of money for the county and court system.  Taking it off the books would cause a serious cash flow issue for the county and certain services which in many cases seems more like citizen dis services as it seems to be abused by Animal Control officers on a regular basis.

  Still I like the arguments and would prefer them to continue.  It's a learning curve and I will not say we are 100 percent right.  There could be areas we are missing.  After all, we are not attorney's and this is not meant as legal advice in anyway.  It's just questioning everything.  Again, thank you and  please continue the input and we ask that you not take offense to our arguments.  We all have something to learn from it.


For all the latest news, please click on the Home button towards the top of this site.
Have a news story? Submit it above.
Some of Gloucester's most incredible history is found on this site in detail.
Gloucester, VA Links and News – A GVLN Website.
We cover what no one else will.
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