Wednesday, August 27, 2014

Governor McAuliffe Announces Administration Appointments

The Stooges examine Moe's muscle (or lack ther...
 (Photo credit: Wikipedia)
RICHMOND – Governor Terry McAuliffe announced additional appointments to his administration today. The appointees will join McAuliffe’s administration focused on finding common ground with members of both parties on issues that will grow Virginia’s economy and create more jobs across the Commonwealth.


Secretariat of the Commonwealth
Board Appointments



·       Emmett W. Toms, Jr.* of Waynesboro, Manager, VA State and Local Affairs, Dominion
Charitable Gaming Board

·       Tanya A. Conrad of Newport News, City of Newport News Law Enforcement and Member of the 192nd Fighter Wing, The Virginia Air National Guard
·       Randy Green of Mechanicsville, Sales Manager for the State of Virginia, Lancaster Bingo Company
·       James Lewis of Alexandria, Communications Director, U.S. House of Representatives
·       Betty Ann Sword of Cedar Bluff, Retired

Emergency Medical Services Advisory Board

·       Julia Marsden of Burke, former Vice President of Sales and Marketing for the Washington, DC division of Balmar Printing and Graphics
Governor’s Advisory Board on Volunteerism and National Service

·       Colonel Lettie J. Bien (USAR, RET) of Charlottesville
·       Jessica M. Bowser of Alexandria, Professional Educator and Advocate for Public Education
·       Richard A. Cabellos of Manassas, Director, County of Fairfax, Southgate Community Center, Reston
·       The Honorable John Taylor Chapman, City Councilman, City of Alexandria
·       Elizabeth B. Childress of Richmond, Government Affairs Specialist, Spotts Fain Consulting
·       Vanessa Diamond* of Richmond, Director HandsOn Greater Richmond
·       Mark Fero* of Ruther Glen, Programs and Public Safety Financial Manager, Office of the Attorney General of Virginia
·       The Honorable Terry C. Frye of Bristol, Commissioner of Revenue, City of Bristol
·       Peter J. Goldin of Richmond, Associate State Director, Federal Advocacy, AARP Virginia
·       Julie C. Grimes* of North Chesterfield, Communications Manager, Virginia Department of Education
·       Ashley W. Hall of Richmond, Director, Strategic Engagement, United Way of Greater Richmond and Petersburg
·       Eleanor Matthews of Winchester,  Senior at John Handley High School
·       Amy P. Nisenson of Manakin Sabot, Executive Director of The Mary Morton Parsons Foundation and non-profit consultant
·       Karen Kennedy Schultz, PhD of Winchester, Professor, Shenandoah University;  Director, The Center for Public Service and Scholarship
·       Seema Sethi, MPS, MBA of Fairfax, President and CEO of Society for Enrichment of Asians
·       Karen J. Stanley* of Chester, Chief Executive Officer CARITAS
·       Laurie S. Turner of Herndon, Public Affairs Director, The Church of Jesus Christ of Latter-day Saints, Washington, D.C.
·       James H. Underwood of Midlothian,  Business Manager, Local Union No. 666, IBEW 666
·       Leslie Van Horn* of Norfolk, Executive Director, Federation of Virginia Food Banks

Safety and Health Codes Board

·       Louis J. Cernak, Jr. of Clifton, Retired
·       John D. Fulton of Mechanicsville, President/Owner, E. McLauchlan & Sons, Inc.
·       Travis M. Parsons of Annandale, Senior Safety and Health Specialist, Laborers’ Health and Safety Fund of North America
·       Daniel A. (Danny) Sutton* of Timberville, Live Production Manager – VA Division, George’s Family Farms, LLC
·       Thomas A. Thurston* of Sandston, International Staff Representative, Communications Workers of America

Virginia Board for People with Disabilities

·       Vicki Beatty of Richmond, Owner, Virginia Parent Advocates, LLC
Virginia Museum of Fine Arts

·       Martin J. Barrington* of Manakin Sabot, Chairman and Chief Executive Officer, Altria Group, Inc.
·       Tyler Bishop of Richmond,  Senior Vice President, McGuire Woods Consulting
·       Louise B. Cochrane* of Richmond, Philanthropist
·       Ivan P. Jecklin, JD* of Richmond, Co-President, General Counsel, Weinstein Properties
·       Kenneth S. Johnson of Richmond, CEO of Johnson, Inc.
·       Pamela Reynolds of Richmond, Past Chair of the Board of Trustees, and stalwart supporter of cultural heritage in Richmond and the mid-Atlantic region.

*Denotes reappointment


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Governor McAuliffe Launches Inaugural Commonwealth Datathon

English: Logo for the Virginia Department of C...
English: Logo for the Virginia Department of Corrections (Photo credit: Wikipedia)
 ~ Teams from Virginia’s agencies will compete over 48 hours to create new and innovative applications ~

RICHMOND– Governor Terry McAuliffe today launched the first ever Commonwealth Datathon Challenge, a competition pitting teams from Virginia agencies against one another as they create new applications that streamline government, better serve citizens, and jumpstart business opportunities.  From August 21st to 22nd, agency teams will assemble at the Patrick Henry Building in Richmond  to build apps from scratch that make use of Commonwealth data that is publicly available throughData.Virginia.gov.

Speaking on the first of its kind event, Governor McAuliffe said: “Now, more than ever, it is critical that we work together to build a new Virginia economy. And we can’t have an innovative economy without an innovative government. That’s why I’m starting right here with my own administration. For the next 48 hours, I’m challenging our agencies to think outside the box and push both the technology we use and their own creativity to the limits. Getting all these folks in a room together and asking them to build something new will encourage better collaboration within our government, foster a culture of inventiveness, and prove that Virginia is the number one place for fresh ideas and entrepreneurial spirit.”

Secretary of Technology Karen Jackson took the opportunity to expand the challenge to the general public: “The data our agencies will be using to build their apps is open to the public through our siteData.Virginia.gov. So if you’re a developer or entrepreneur and think you can make something even better that uses our data, we want to hear about it!”

Virginia agencies participating in this week’s Datathon include Virginia Department of Transportation, Virginia Department of Alcohol and Beverage Control, Virginia Department of Corrections, Virginia Information Technologies Agency, Virginia Department of Environmental Quality, and Virginia Department of Motor Vehicles.

After completing the bulk of their work from August 21st to August 22nd, agency teams will deliver final project presentations during a special session held at the Commonwealth of Virginia Innovative Technology Symposium (COVITS) on September 3rd in Richmond. Conference attendees will have the opportunity to vote for a Crowd Favorite Award while a panel of judges from both state government and the private sector will deliver a Judges’ Choice Award to the most outstanding agency team.

More information can be accessed at the Commonwealth’s data portal Data.Virginia.gov.     

Virginia Leaders Applaud Governor and Attorney General's Efforts to Combat Sexual Violence on College Campuses

Central Virginia Community College
Central Virginia Community College (Photo credit: Wikipedia)
 Governor Terry McAuliffe today signed Executive Order 25 establishing a new task force, chaired by Attorney General Mark Herring, to help combat sexual violence on college campuses. The Governor and the Attorney General also signed a Joint Declaration with all 16 Virginia public colleges and universities and the Virginia Community College System acknowledging the partnership and shared commitment to improving how each institution addresses cases of sexual assault and expanding sexual assault prevention training on campus.
These actions have received praise from leaders across the Commonwealth:
 Senator Tom Garrett, Louisa:
“I applaud Governor McAuliffe for his efforts to ensure safety at Virginia’s colleges and universities.  I commend the administration and Virginia colleges and universities for partnering to make Virginia a leader in this area and to be on the forefront of sexual violence awareness, prevention, and response.”

Senator Janet Howell, Northern Fairfax County:

“Gov. McAuliffe and the Attorney General are wise to bring together state leaders to coordinate responses to this pervasive problem. Families can be confident that everything possible will be done to identify and implement ways to make college students safe.”
Delegate Rosalyn Dance, Petersburg:
                                                    
"As the Honorary Regional Chairwoman of the Virginia Sexual and Domestic Violence Action Alliance, I am extremely pleased that Governor McAuliffe and the Attorney General are utilizing their offices to address this important issue across the Commonwealth."

Delegate Jennifer McClellan, Richmond:

“Today, the Governor and the Attorney General take a step forward in reaffirming and ensuring that Virginia college campuses are safe places to learn and grow. I am extremely pleased that Virginia is a leader in bringing higher education leaders, law enforcement, and legislators together to recommend best practices for combating sexual assault.”

Delegate Vivian Watts, Fairfax:

“I am pleased that Governor McAuliffe and our stakeholders  will work together with our college administrators and authorities to bring awareness and identify best practices to combat sexual violence on our college campuses.  I commend his efforts to maintain and promote positive learning atmospheres at our Virginia institutions of higher education.”  

 Emily Renda – UVA graduate, student activist:
“Governor McAuliffe's office is providing an environment for best practices to emerge. Many advocates and administrators on campus feel as though we're working in isolation and struggling with our own set of issues, when the reality is that our challenges are very much the same. The opportunity to work across the state offers the chance to share in this work to strengthen our responses as a whole.”
Rosemary Trible – Founder of Fear 2 Freedom:
“Paul and I have been at CNU for 18 years. We are proud to be united today with other presidents to take a stand in combating sexual violence on our campuses. I believe this generation is our hope to change the cultural understanding of this issue. Together we can bring about change, hope and healing, one person at a time.” 
John Jones – Executive Director Virginia Sheriffs’ Association:
"Sexual violence on campuses should be treated as violent crimes, as they are in any community.  Transparency and cooperation with local primary law enforcement agencies are an important component of combating this problem.  No citizen, whether a student or not, should feel isolated from the best law enforcement services Virginia has to provide.  The Virginia Sheriffs' Association stands ready to assist in implementing the agreement signed by the Governor, Attorney General and Virginia college and university administrators."  
Chief John A. Venuti – Virginia Commonwealth University Chief of Police:
“The prevention of sexual assault, violence, harassment, and misconduct of any kind remains a top priority for Virginia Commonwealth University.  I am pleased to see Governor McAuliffe and the Attorney General taking steps and action to shift the paradigm, raise awareness, and renew the focus on eliminating sexual violence on Virginia's college campuses.”
Tom Kramer – Executive Director, Virginia21:
“It’s clear that sexual assault on college campuses is an issue that concerns many students. We’re glad to see college leaders, the governor, his administration, and the attorney general commit to work together - sharing resources and best practices - instead of pointing fingers. We look forward to being a part of the conversations to come.”
Dana Schrad – Executive Director, Virginia Association of Chiefs of Police/Virginia Association of Campus Law Enforcement Administrators:
“College/University police must foster the safest environment possible and work closely with administrators, faculty and staff to be certain students are confident enough in them to report incidents of sex abuse. Then they must investigate each and every report vigorously and thoroughly, working with local and state authorities if needed. Undue feelings of shame and fear of not being believed or taken seriously must not be allowed to prolong victimization. I applaud the Governor for taking a proactive approach in establishing this Taskforce and bringing all stakeholders together to address any campus sexual misconduct concerns.”

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Tuesday, August 26, 2014

Gloucester, VA Animal Control Breaking and Entering? What About "YOUR" Rights? (Part 2)


On Sunday, August 24th, 2014 we did a story about how Animal Control Deputy Laura Dickie was about ready to break a window on a vehicle to remove an animal from a car because the animal was left in the car by itself and without air conditioning and would have been removed to an animal control truck for transportation, without air conditioning.  Well, that story by itself is horrific, however, can anyone actually blame the Animal Control officer for doing a job she has been told she must do?  Who is actually to blame?  What if she had actually broken in the window and was seriously hurt by doing so or maimed by the dog in the vehicle?  Who would have been at fault?

  Again, in our view, the local ordinance, 3-18 is itself highly illegal.  The above poster highly misleading and posted in the following locations, Wal Mart front doors, Tractor Supply, and Dollar Tree.  Who approved these posters?  Ted Wilmot is the county attorney who wrote this law or at least finalized approval for the Board of Supervisors to vote on and approve.  That was done in February, 2013.  4 present Board members approved that and now we have 3 new board members who had nothing to do with this.

  So that would mean the Ted Wilmot and 4 present Board of Supervisors would then be responsible for any harm that comes to any Animal Control deputy who follows this insane ordinance and gets hurt or even killed in the process?  There is also a great deal of responsibility by the County Administrator and Assistant Administrator for allowing this crazy ordinance to be on the books.

  Again, here is a recap of that ordinance;

 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 in an enclosed 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.

(Ord. of 7-1-2008(1), § (2); Ord. of 2-5-2013(1))

There is also a certain degree of fault by each animal control officer as each one is required to know state code and they should also know that if a local ordinance is out of compliance with state code, then the local ordinance is not legal according to the Dillon Rule.  Virginia is considered a Dillon Rule state.  It seems rather clear that the county has no issues with maintaining this ordinance and will continue to prosecute anyone and everyone they can with such until someone gets seriously hurt, sued, or even worse, killed.  Why?  Because the county thinks they can milk this for some serious money in our view.  The safety of employees?  Well, they can be replaced.  


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Sunday, August 24, 2014

Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights?


Pictured above is Animal Control Officer, Laura Dickie, getting ready to break into a vehicle and take personal property from the people in possession of the rental car.  The folks who have the rental car are from NY and the car has NJ plates.  Why was she about to break into the car and take personal property from these people?  Well it's based on one of the Gloucester County ordinances we have been complaining about on this site now for some time.  The ordinance reads as follows;

 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 in an enclosed 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.

(Ord. of 7-1-2008(1), § (2); Ord. of 2-5-2013(1))

Now let's look at what the temperature reading was for the time period in question.  The time these photos were taken are from around 3:12 PM through 3:24 PM August 24th, 2014.  






We took screen shots from various weather services to see what an average overall temperature reading was during the time in question.  Well, from everything we could see, it was under the 80 degree Fahrenheit limit that the ordinance states is required to be in violation of the above listed ordinance.  Again, the ordinance is highly questionable and in our view, illegal.  There is no corresponding state code and with Virginia being a Dillon Rule state, the Dillon Rule has been violated by Gloucester County from what we see.


Here is a picture of the temperature taken just right down the road from where the incident was witnessed.  77 Degrees.  Not 80 degrees or above.  But we have found evidence that county officials have decided that they can't even follow their own codes and have decided to step up the violations.  See the picture below.


The picture you are viewing is a sign hanging up on the front door of Tractor Supply here in Gloucester, Virginia.  Note that it says nothing about the actual ordinance and what that ordinance actually states.  It also gives no warning that Animal Control will break into your vehicle and take a pet which is considered personal property if they think they can get away with this.  What one must also note is that the sign does not cover temperatures in the 80 degree range as stated in the county ordinance.  What gives?

In fact, it leads one to believe that a violation occurs at temperatures at the 75 degree range.  The picture also fails to point out whether those inside temperature readings are for open or closed windows of any vehicle.  

Getting back to the entire incident.


There was a dog in the red car which is a 4 door vehicle.  All 4 windows were down in the car and the car had not been there for very long.  This incident was witnessed from start to finish.  Laura Dickie agitated the dog inside as the dog considered her a danger.  


The man with the long white hair and camo pants is the person who called in what he considered a violation to the Gloucester County Animal Control ordinance listed above.  Just before Ms Dickie was ready to bust out the window on the vehicle, the person renting the vehicle came out of Wal Mart and came back to her vehicle.  The conversation was overheard and it was overheard that Ms Dickie was in fact getting ready to bust out the window and take the dog from the vehicle.  

  Here is a very serious question.  Where is the search warrant that would allow law enforcement to do this and where were the local sheriff's department to back her up?  Animal Control officers can not execute search warrants in Virginia.  It has to be done locally by the Sheriff's department.  Again, where is the search warrant?  There is nothing in Virginia State Code regarding animals that allows Animal Control to break into your vehicle that we have ever seen.  Please see VA Code 3.2-6500 and beyond for state Animal Control codes.

  The owner of the animal and in charge of the rental car was not charged with any wrong doing whatsoever.  But Animal Control was still getting ready to bust the window and take the owners dog, hence personal property without notice.  

  Another question that comes to mind, why didn't Laura Dickie just go into Wal Mart and see about having the owner paged before even considering such drastic measures?  Well, did you see the fine for the above so called violation? Up to $2,500.00  and up to one year in jail?  It's on the sign shown above.  That is financial incentive for Animal Control to bust out some windows on people's vehicles.  Can you imagine all the legal troubles these folks would have had to face had they shopped for only 5 more minutes?  They were from out of state and spending money here in our economy.  What kind of message are we sending visitors to Gloucester County?  What kind of message is being conveyed to the local citizens?   Anyone now understand why we have been arguing against this insane ordinance now?  And again, this is only one of a number of county ordinances that have no place being on the books as they do not meet the Dillon Rule.  It's time for this nonsense to stop.

  Oh, and the Animal Control truck above?  There is no air conditioning that the animal would be put in.  That truck only has a top air vent.  The animal would be transported in violation of the county's own code.  What on Earth is that?  The hypocrisy.


Gloucester, VA Do You Need A License Plate On You Vehicle? Federal Law Says No. States Can Not Override?

Get to know these well!  Posted by;  Freewill.
Marbury V. Madison 5 U.S. 137 says the Constitution of the United States is the Supreme law of the land.

Shapiro V. Thompson 394 U.S. 618 says the right to travel is so basic that it shouldn't even be questioned.

Murdoch V. Pennsylvania 319 U.S. 106 says no state may convert a secure liberty into a privilege and then issue a license and a fee for it.

Shuttlesworth V. Birmingham Alabama 373 U.S. 262 says I can ignore the license and engage in the right with impunity, that means you can’t punish me for it.

Norton V. Shelby County 118 U.S. 425 an unconstitutional act is not law. It confers no rights and poses no duties, affords no protections, and creates no office. It is in legal contemplation as inoperative though it had never been passed.

US V. Bishop 412 U.S. 346 Defines willfulness as an evil motive or intent to avoid a known duty or task under law with immoral certainty. I am using the constitution and supreme court cases so I am not using evil motives or intents.

16th Andrews prudent second section 97 says that it shall be interpreted in my favor because I am the clearly intended and expressly designated beneficiary for the protection of my rights and property.

S.C.R. 1795, Penhallow v. Doane’s Administrators (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54
Government Is Foreclosed from Parity with Real People
– Supreme Court of the United States 1795
“Inasmuch as every government is an artificial person, an abstraction, and a creature of
the mind only, a government can interface only with other artificial persons. The imaginary,
having neither actuality nor substance, is foreclosed from creating and attaining parity
with the tangible. The legal manifestation of this is that no government, as well as any
law, agency, aspect, court, etc. can concern itself with anything other than corporate,
artificial persons and the contracts between them.”
Supreme Court of the United States 1795
[--Not the "United States Supreme Court" –ed.]

CRUDEN v. NEALE 2N.C. (1796) 2 SE 70 “Every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent”
See link below for originating site.

Our Notes:  Do we recommend anyone test this?  Not really.  Anyone really want to try the system and at your own expense?  Though we agree with the above, we don't want to see people make numerous mistakes fighting the system.  Leave it to those who can afford it and know what they are doing.  Every type of trick will be used against you that you will not see coming and the court cases will go on forever.  It's better to fight them in the press and expose everything one can and let everyone see what the real deal is.  You have to love the people who are doing this as they are fighting for everyone's freedom and rights here in the US.