Pay $80,000
Goochland Circuit Court Judge Timothy K. Sanner sentenced former County Treasurer Brenda Grubbs to 20 years in prison with all but four suspended on December 13. The sentencing ends more than ten months of public embarrassment for Goochland’s government and citizens following revelations that Grubbs had her hand in the county till to the tune of about $180,000.
“This is a very sad day for Goochland,” Sanner said.
He said he could not imagine a more substantive breach of public trust than that caused by Grubb’s crimes. The oath she took as a constitutional officer is a serious thing and represents the trust of the people who elected her to office. “You failed them in the most miserable way you could,” Sanner told Grubbs.
In addition to the active incarceration, Grubbs will serve five year of supervised probation during which time she will have no access to the internet and was ordered to make restitution to the Commonwealth of Virginia for the balance of the amount she took, about $80,000.
Goochland County collected the amount of Grubbs’ theft from a state treasurer’s bond earlier this year, which is why she was ordered to repay the Commonwealth.
In his sentencing remarks, Sanner alluded to the victim impact statement, a sealed document, prepared on behalf of the county by Rebecca T. Dickson county administrator.
Grubbs’ actions, said Sanner, affected more people than just herself. They caused “real trauma to real people” including her chief deputy who Grubbs coerced into making wire transfers. That person, explained Sanner, was incorrectly suspected of being part of the embezzlement. She has resigned from her job in a bad economy.
Goochland government has been maligned about things that were Grubbs’ responsibility, said Sanner. County employees who pitched in to keep the treasurer’s office operating suffered scathing attacks from citizens outraged over Grubbs’ actions.
The amount Grubbs stole, said Sanner, could amount to three or four teacher or deputy positions, especially important in the current lean budget environment.
Sanner said that Grubbs apparently got to middle age and was dissatisfied with her life and troubled by health concerns and reacted in a very bad fashion by seeking comfort on an internet dating site. Many people face similar situations, said Sanner, but they do not resort to crime to assuage their misery.
As is typical of sentencing proceedings, various witnesses testified in open court as to the character of the accused and to offer an explanation of possible mitigating circumstances of the crime.
Grubbs sentencing was no exception. Her attorney James Maloney called psychiatrist Dr. James Selman to the stand. He said that Grubbs suffered from depression, which was improperly treated by medications that exacerbated rather than relieved her condition.
Maloney told the court that Grubbs suffered from chronic pain, headaches, diabetes and depression, which began to manifest itself around the end of 2008.
Selman said that Grubbs was mentally ill and on the wrong medication, which interfered with her ability to solve problems. When she first made contact with Bobby Johnson, characterized by Sanner as a “crazy Nigerian,” Grubbs core identity was vulnerable to an attack by someone who convinced her to take actions contrary to her core beliefs.
Yet, somehow she figured out how to get money out of county accounts and send it via wire transfer to Nigeria. That certainly took a bit of focus and ability to follow through on a complex task.
Maloney said that Johnson’s pleas for money, which Selman described as “mind control,” included a promise of repayment. He also pointed out that Grubbs exhausted personal and family funds of about $70,000 before she began to embezzle public funds to send to Johnson.
Selman said that once Grubbs was placed on appropriate medication and received counseling to address her self-esteem and gain insight into the issues of her complex childhood she will be able to function well.
Fluvanna Commonwealth’s Attorney Jeff Haislip, acting as special prosecutor in the case, was skeptical of Selman’s characterization of Johnson as a master manipulator citing the clumsy language of the emails that allegedly ensnared Grubbs’ affections.
Grubbs’ husband Gerald, her son Jason and her pastor Tim Wilson of Perkins Baptist Church took the stand to testify about Brenda’s goodness and generosity.
Gerald Grubbs said that he forgives his wife for her actions, which included borrowing against their home without his knowledge. He also said that he had not read the email communications between his wife and Johnson.
An unsophisticated man, Gerald Grubbs clearly understands the “for better or for worse” clause in his marriage vows.
At the August hearing where Grubbs pleaded guilty to the embezzlement Haislip said that Grubbs “met” Johnson on an internet dating site on Valentine’s Day 2009.
Maloney said that the Grubbs raised $40,000 after selling most of their possessions except for the basic equipment needed to operate their 70 acre farm. Grubbs also turned over the cash value of her state pension, about $60,000 as restitution. No mention was made of Maloney’s fee, which was undoubtedly first in line for payment.
Maloney argued that because this was Grubbs’ first offense; that she is receiving medical treatment and has no access to public funds she should not have to serve active incarceration. He also pointed out that Grubbs readily confessed when confronted with her transgressions and pleaded guilty rather than force Goochland to incur the expense of a trial.
He also reiterated that Johnson fed on Grubbs’ vulnerability and craving for affection filling a “black hole of neediness” by calling her “wife” in the emails.
Haislip disagreed citing the magnitude of Grubbs’ offenses. Sanner concurred.
Sanner indicated that he believed that Grubbs’ crime was the result of her loving the mythical Bobby Johnson and giving him any money she could get her hands on. Even though Grubbs told those she inveigled into helping her that the money was being used to build a church in Africa, she was preparing to “chuck it all” for a new life with Johnson, Sanner contended.
The judge rejected a plea from Maloney to permit Grubbs to begin her sentence after the holidays citing Grubbs’ suicide attempt last summer when she took an overdose of oxycontin and emotional pitfalls of the season.
Grubbs was permitted to make a statement before pronouncement of sentence, but after getting out “I’m very sorry,” her words were drowned out by sobs.
The sound of handcuffs clicking around Grubbs’ wrists was clearly audible after the court session ended.
Friday, December 16, 2011
Tuesday, December 13, 2011
The party's over
The party’s over
A panel of three judges from the Virginia 16th Circuit, appointed by the Virginia Supreme Court, denied a recount request made by District 4 supervisor Malvern R. “Rudy” Butler.
The ruling followed about two hours of deliberation after a hearing on the matter held in Goochland Circuit Court on December 8. Butler appeared at a special hearing on December 2 without a lawyer but was represented by Darvin Satterwhite at the second hearing.
Butler, who lost the November 8 supervisor election to challenger R. H. “Bob” Minnick by six votes, was entitled to a free recount under state law, but only if that recount was requested according to the law. Recounts are not automatic in close elections.
Minnick’s counsel Brad Marrs, a former member of the House of Delegates, argued that Butler’s recount request was not filed properly or in a timely manner. State law requires that a recount petition for a local election must be filed with the circuit court and served on the other candidate within ten days of the certification of the election, which happened on November 9.
Marrs said that the notice must be served with a summons form attached and contain the total number of votes cast in the subject election and the ballots received by each candidate. Butler’s request, which he mailed, and was subsequently served by the Goochland Circuit Court, reportedly stated only that Minnick had a six vote margin.
Minnick received notification of the recount request on November 28.
Marrs said that Minnick’s motion to dismiss the petition did not question the validity of Butler’s request but rather that the court did not have the power to act on the petition because it was not filed within ten days of certification of the election.
Satterwhite tried mightily to find loopholes in a tightly crafted statute. He contended that a recount differs from a challenge and the judges have the power to extend the filing deadline. The three judge panel rejected his arguments.
According to comments made by Robin Lind secretary of the Goochland Electoral Board at its December 12 meeting, the judges ruled that they had no jurisdiction to overturn the filing deadline specified by state law. Their decision is final and not subject to appeal.
The decision saved the Goochland electoral board the cost of the recount, which would have required reprogramming of the machine used to count absentee ballots.
Minutes of the November 9 meeting of the Goochland Electoral Board, at which election results were certified, reflect that Butler was “advised to seek counsel.”
Given the integrity and competence of Goochland election officials and registrar Frances C. Ragland, it is highly doubtful that a recount would have changed the election results.
Butler lost the election and bungled his attempts at securing a recount.
It’s time to move on.
A panel of three judges from the Virginia 16th Circuit, appointed by the Virginia Supreme Court, denied a recount request made by District 4 supervisor Malvern R. “Rudy” Butler.
The ruling followed about two hours of deliberation after a hearing on the matter held in Goochland Circuit Court on December 8. Butler appeared at a special hearing on December 2 without a lawyer but was represented by Darvin Satterwhite at the second hearing.
Butler, who lost the November 8 supervisor election to challenger R. H. “Bob” Minnick by six votes, was entitled to a free recount under state law, but only if that recount was requested according to the law. Recounts are not automatic in close elections.
Minnick’s counsel Brad Marrs, a former member of the House of Delegates, argued that Butler’s recount request was not filed properly or in a timely manner. State law requires that a recount petition for a local election must be filed with the circuit court and served on the other candidate within ten days of the certification of the election, which happened on November 9.
Marrs said that the notice must be served with a summons form attached and contain the total number of votes cast in the subject election and the ballots received by each candidate. Butler’s request, which he mailed, and was subsequently served by the Goochland Circuit Court, reportedly stated only that Minnick had a six vote margin.
Minnick received notification of the recount request on November 28.
Marrs said that Minnick’s motion to dismiss the petition did not question the validity of Butler’s request but rather that the court did not have the power to act on the petition because it was not filed within ten days of certification of the election.
Satterwhite tried mightily to find loopholes in a tightly crafted statute. He contended that a recount differs from a challenge and the judges have the power to extend the filing deadline. The three judge panel rejected his arguments.
According to comments made by Robin Lind secretary of the Goochland Electoral Board at its December 12 meeting, the judges ruled that they had no jurisdiction to overturn the filing deadline specified by state law. Their decision is final and not subject to appeal.
The decision saved the Goochland electoral board the cost of the recount, which would have required reprogramming of the machine used to count absentee ballots.
Minutes of the November 9 meeting of the Goochland Electoral Board, at which election results were certified, reflect that Butler was “advised to seek counsel.”
Given the integrity and competence of Goochland election officials and registrar Frances C. Ragland, it is highly doubtful that a recount would have changed the election results.
Butler lost the election and bungled his attempts at securing a recount.
It’s time to move on.
Thursday, December 8, 2011
March of the pengiuns
Benedictine hearing
As their last official act defeated Goochland supervisors Andrew Pryor District 1; William Quarles, Jr. District 2 and Malvern R. “Rudy” Butler District 4 voted to approve a conditional use permit to allow a Benedictine Preparatory, a prestigious area private high school, to relocate to Goochland. Ned Creasey, District 3 voted no and James Eads, District 5 abstained.
The vote followed the second public hearing on the matter on Tuesday, December 6. There was no singing this time.
Happily the floor in the park and rec gym, site of the public hearing, was covered with protective tarps because lots of mud was thrown during more than three hours of mind numbing public comment.
The hearing began with a presentation of the details of the application by the county’s principal planner Tom Coleman and Benedictine’s side given by its attorney Darvin Satterwhite.
Someone needs to review documents associated with this matter. Unless the cadets have a lot more fun than a military style education would indicate, they begin their day with reveille rather than revelry.
Issues of contention for the land use application were mainly appropriateness of the site for use as a school; increased traffic; noise; soundness of the existing on site wastewater treatment plant and the ability of the site’s 10,000 gallon per day water allocation to support a future student body of up to 550 students.
Some supervisors seemed skeptical about the amount of water various activities at the school were expected to use. Satterwhite countered each objection with charts supporting his allegations.
Given the water pressure problems that have plagued the River Road corridor for years the lack of discussion of water pressure seemed curious. On the surface, it would seem as though peak water use for the school would when residential use is low. Remarks from county engineer Gary Duval about this would have been helpful.
A reduction in water pressure for residents in the River Road corridor is a valid reason for concern and there should have been some mechanism requiring Benedictine to remedy any drops in water pressure it causes in the CUP.
Swirling in the background was a schism between factions of Benedictine alumni caused by the very notion of moving the school from its venerable location on Sheppard Street in Richmond where it has educated young men for a century.
Many of the comments addressed issues that had little to do with the land use matter at hand. Board chair Quarles did nothing to keep the comment on point. Internecine alumni conflicts do not concern Goochland government and should not have been part of the discussion at the public hearing.
Luminaries, including Tom Bliley former mayor of Richmond and U.S. Congressman and outgoing Virginia delegate Bill Janis, spoke in favor of the move.
Janis also repudiated darker allegations made about the school. (A recording of the hearing will soon appear on the county website www.co.goochland.va.us under the supervisors’ tab.)
Many speakers lauded the integrity and character of the cadets and that the school will be an asset to the community that will have a net positive impact on nearby property values.
Opponents contended that River Road is the wrong place for this school and too intense a land use for a residential area.
Many raised concerns about an increase in already objectionable traffic levels as a reason to deny the application, which included a detailed route that all cadet traffic will follow.
Here again it would seem as though residential traffic would be going in the opposite direction from the Benedictine traffic. Several residents complained that Blair Road, which cadets are proscribed from using, is narrow, unsafe and already overburdened.
Creasey is believed to have voted against the application due to concerns that Benedictine will fail to comply with all of the conditions in the CUP.
Eads, who has been against the move from the start and opposed to the outgoing supervisors voting on the matter, made long and rambling remarks on the matter in which he repeated himself several times.
Benedictine Preparatory High School is moving to Goochland. It is now up to the organization to illustrate its honor and integrity by complying with all building permit requirements and living the matters agreed to in the CUP. If that happens, Benedictine will settle in as a valued member of the committee and folk will wonder what the fuss was all about.
The ball is in the cadets’ court.
As their last official act defeated Goochland supervisors Andrew Pryor District 1; William Quarles, Jr. District 2 and Malvern R. “Rudy” Butler District 4 voted to approve a conditional use permit to allow a Benedictine Preparatory, a prestigious area private high school, to relocate to Goochland. Ned Creasey, District 3 voted no and James Eads, District 5 abstained.
The vote followed the second public hearing on the matter on Tuesday, December 6. There was no singing this time.
Happily the floor in the park and rec gym, site of the public hearing, was covered with protective tarps because lots of mud was thrown during more than three hours of mind numbing public comment.
The hearing began with a presentation of the details of the application by the county’s principal planner Tom Coleman and Benedictine’s side given by its attorney Darvin Satterwhite.
Someone needs to review documents associated with this matter. Unless the cadets have a lot more fun than a military style education would indicate, they begin their day with reveille rather than revelry.
Issues of contention for the land use application were mainly appropriateness of the site for use as a school; increased traffic; noise; soundness of the existing on site wastewater treatment plant and the ability of the site’s 10,000 gallon per day water allocation to support a future student body of up to 550 students.
Some supervisors seemed skeptical about the amount of water various activities at the school were expected to use. Satterwhite countered each objection with charts supporting his allegations.
Given the water pressure problems that have plagued the River Road corridor for years the lack of discussion of water pressure seemed curious. On the surface, it would seem as though peak water use for the school would when residential use is low. Remarks from county engineer Gary Duval about this would have been helpful.
A reduction in water pressure for residents in the River Road corridor is a valid reason for concern and there should have been some mechanism requiring Benedictine to remedy any drops in water pressure it causes in the CUP.
Swirling in the background was a schism between factions of Benedictine alumni caused by the very notion of moving the school from its venerable location on Sheppard Street in Richmond where it has educated young men for a century.
Many of the comments addressed issues that had little to do with the land use matter at hand. Board chair Quarles did nothing to keep the comment on point. Internecine alumni conflicts do not concern Goochland government and should not have been part of the discussion at the public hearing.
Luminaries, including Tom Bliley former mayor of Richmond and U.S. Congressman and outgoing Virginia delegate Bill Janis, spoke in favor of the move.
Janis also repudiated darker allegations made about the school. (A recording of the hearing will soon appear on the county website www.co.goochland.va.us under the supervisors’ tab.)
Many speakers lauded the integrity and character of the cadets and that the school will be an asset to the community that will have a net positive impact on nearby property values.
Opponents contended that River Road is the wrong place for this school and too intense a land use for a residential area.
Many raised concerns about an increase in already objectionable traffic levels as a reason to deny the application, which included a detailed route that all cadet traffic will follow.
Here again it would seem as though residential traffic would be going in the opposite direction from the Benedictine traffic. Several residents complained that Blair Road, which cadets are proscribed from using, is narrow, unsafe and already overburdened.
Creasey is believed to have voted against the application due to concerns that Benedictine will fail to comply with all of the conditions in the CUP.
Eads, who has been against the move from the start and opposed to the outgoing supervisors voting on the matter, made long and rambling remarks on the matter in which he repeated himself several times.
Benedictine Preparatory High School is moving to Goochland. It is now up to the organization to illustrate its honor and integrity by complying with all building permit requirements and living the matters agreed to in the CUP. If that happens, Benedictine will settle in as a valued member of the committee and folk will wonder what the fuss was all about.
The ball is in the cadets’ court.
Monday, December 5, 2011
Burden or blessing
The Benedictine matter
On Tuesday, December 6, the Goochland Board of Supervisors is expected to vote on an application for a conditional use permit to allow Benedictine High School to move its operations to property owned by the Benedictine Society of Virginia. The site in question is on the south side of River Road, just east of Rt. 288.
The facility, which was built about 50 years ago, before Goochland adopted zoning, began life as a preparatory high school for seminary bound students. A dwindling interest in the priesthood among other things, led to its closing.
For a time after that, the property was used to rehabilitate those with chemical dependency problems and is currently used as an abbey for Benedictine Monks. The grounds are used as athletic fields for Benedictine High School, which has been located on Sheppard Street in Richmond’s museum district for a century.
Benedictine has owned the property in question for some time and the cadets regularly engage in athletic and other activities on the site.
About four years ago Benedictine leadership began to explore moving the school to the Goochland property. Two groups, some residents of the River Road corridor and a faction of Benedictine alumni, expressed strong opposition to the move.
Those opposed to the move are not happy. During the public hearing held by the planning commission in July, whose minutes are on the county website www.co.goochland.va.us under the planning commission tab, those factions expressed themselves at length.
Before that meeting county residents were inundated with mailings and robocalls from unidentified sources claiming that Goochland taxpayers would be forced to fund the extension of water and sewer lines to the Benedictine property and that the influx of these students would place an unacceptable burden on county law enforcement and fire-rescue resources and drastically increase traffic on River Road.
The property has a finite water allocation of 10,000 gallons per day. At the July hearing, representatives for Benedictine contended that the cadets actually use less water than state department of education amounts used for comparison. Unfortunately, no supporting evidence such as current water bills from the Sheppard Street facility and student enrollment was presented to back up the claim.
The information in the December 6 board packet, which is available on the county website www.co.goochland.va.us, states that Benedictine expects its corps of cadets to grow to more than 500 in future decades even though the finite water allocation will support fewer than 400. No alternate water sources are mentioned.
The supervisors held an initial public hearing at their September meeting after acceding to a request by Benedictine to defer a vote for 90 days. That hearing was quite a show complete with original banjo music.
All sorts of “facts” are swirling around right now. Opponents cite a 2007 from the late Don Charles former Director of Community Development stating that the county does not permit private wastewater treatment plants.
At its June 3, 2008 meeting, the board of supervisors unanimously voted to adopt an ordinance allowing alternate on- site sewage systems that included stringent maintenance and inspection requirements.
The issue with the existing Benedictine wastewater plant is what will happen if it, for whatever reason, stops working. The costs for any repair or replacement will be the sole responsibility of Benedictine. Goochland County does not fund repair or replacement of any utilities belonging to private entities.
The real question is will the county close the school if its wastewater treatment plant stops working and does Benedictine have the funds to quickly resolve the situation.
Also, as the Virginia Department of Environmental Quality (DEQ) will be keeping careful watch over any discharges made by Benedictine into the James River violations on that front should be treated seriously.
Although the county seems to indicate that Benedictine cannot move its school to Goochland without the CUP, the school’s website seems to indicate that the move is a done deal. Renovations on the facility are in progress. A section on the Benedictine website entitled “the next hundred years” is set in Goochland.
Benedictine contends it will cause students and parents to access the school from the western terminus of River Road at Rt. 6. According to one of several pro move pamphlets mailed to Goochlanders in the past weeks, Benedictine contends that moving all school operations to Goochland will actually reduce the traffic on River Road because there will be no back and forthing to Sheppard Street.
Local residents contend that a high school has no place in their community. They fear Benedictine could pave the way for Collegiate and St. Catherine’s to complement their area athletic facilities with schools.
Should the CUP be denied, Benedictine will continue to use the River Road property for athletic events.
So, what’s in it for Goochland?
Supporters of the move claim that having a prestigious private school in our midst is a good thing. The school will provide a local option for those who wish to send their sons to a private school. They believe home values will be enhanced by proximity to Benedictine.
Opponents of the move cite traffic, noise, strain on utilities and other county resources. They believe the school will have a negative impact on nearby home prices.
Regardless of the vote on the CUP, it seems likely that the losing side will take legal action.
On Tuesday, December 6, the Goochland Board of Supervisors is expected to vote on an application for a conditional use permit to allow Benedictine High School to move its operations to property owned by the Benedictine Society of Virginia. The site in question is on the south side of River Road, just east of Rt. 288.
The facility, which was built about 50 years ago, before Goochland adopted zoning, began life as a preparatory high school for seminary bound students. A dwindling interest in the priesthood among other things, led to its closing.
For a time after that, the property was used to rehabilitate those with chemical dependency problems and is currently used as an abbey for Benedictine Monks. The grounds are used as athletic fields for Benedictine High School, which has been located on Sheppard Street in Richmond’s museum district for a century.
Benedictine has owned the property in question for some time and the cadets regularly engage in athletic and other activities on the site.
About four years ago Benedictine leadership began to explore moving the school to the Goochland property. Two groups, some residents of the River Road corridor and a faction of Benedictine alumni, expressed strong opposition to the move.
Those opposed to the move are not happy. During the public hearing held by the planning commission in July, whose minutes are on the county website www.co.goochland.va.us under the planning commission tab, those factions expressed themselves at length.
Before that meeting county residents were inundated with mailings and robocalls from unidentified sources claiming that Goochland taxpayers would be forced to fund the extension of water and sewer lines to the Benedictine property and that the influx of these students would place an unacceptable burden on county law enforcement and fire-rescue resources and drastically increase traffic on River Road.
The property has a finite water allocation of 10,000 gallons per day. At the July hearing, representatives for Benedictine contended that the cadets actually use less water than state department of education amounts used for comparison. Unfortunately, no supporting evidence such as current water bills from the Sheppard Street facility and student enrollment was presented to back up the claim.
The information in the December 6 board packet, which is available on the county website www.co.goochland.va.us, states that Benedictine expects its corps of cadets to grow to more than 500 in future decades even though the finite water allocation will support fewer than 400. No alternate water sources are mentioned.
The supervisors held an initial public hearing at their September meeting after acceding to a request by Benedictine to defer a vote for 90 days. That hearing was quite a show complete with original banjo music.
All sorts of “facts” are swirling around right now. Opponents cite a 2007 from the late Don Charles former Director of Community Development stating that the county does not permit private wastewater treatment plants.
At its June 3, 2008 meeting, the board of supervisors unanimously voted to adopt an ordinance allowing alternate on- site sewage systems that included stringent maintenance and inspection requirements.
The issue with the existing Benedictine wastewater plant is what will happen if it, for whatever reason, stops working. The costs for any repair or replacement will be the sole responsibility of Benedictine. Goochland County does not fund repair or replacement of any utilities belonging to private entities.
The real question is will the county close the school if its wastewater treatment plant stops working and does Benedictine have the funds to quickly resolve the situation.
Also, as the Virginia Department of Environmental Quality (DEQ) will be keeping careful watch over any discharges made by Benedictine into the James River violations on that front should be treated seriously.
Although the county seems to indicate that Benedictine cannot move its school to Goochland without the CUP, the school’s website seems to indicate that the move is a done deal. Renovations on the facility are in progress. A section on the Benedictine website entitled “the next hundred years” is set in Goochland.
Benedictine contends it will cause students and parents to access the school from the western terminus of River Road at Rt. 6. According to one of several pro move pamphlets mailed to Goochlanders in the past weeks, Benedictine contends that moving all school operations to Goochland will actually reduce the traffic on River Road because there will be no back and forthing to Sheppard Street.
Local residents contend that a high school has no place in their community. They fear Benedictine could pave the way for Collegiate and St. Catherine’s to complement their area athletic facilities with schools.
Should the CUP be denied, Benedictine will continue to use the River Road property for athletic events.
So, what’s in it for Goochland?
Supporters of the move claim that having a prestigious private school in our midst is a good thing. The school will provide a local option for those who wish to send their sons to a private school. They believe home values will be enhanced by proximity to Benedictine.
Opponents of the move cite traffic, noise, strain on utilities and other county resources. They believe the school will have a negative impact on nearby home prices.
Regardless of the vote on the CUP, it seems likely that the losing side will take legal action.
Sunday, December 4, 2011
Fair and square
District 4 recount
John G. Berry chief Judge of the 16th Virginia Judicial Circuit in a special appearance in Goochland Circuit on Friday, December 2 dismissed a motion made by Robert Minnick to reject a recount request made by District 4 incumbent supervisor Malvern R. “Rudy” Butler.
According to election results certified by the county electoral board on November 9, Minnick received 842 votes, Butler 836.
Under Virginia law, because Minnick’s margin was less than half a percent of the total votes cast for both candidates, Butler is entitled to a free recount. The law requires that he file the request with the Circuit Court of the jurisdiction in which the election occurred within ten days of certification of election results.
Brad Marrs, Minnick’s lawyer, a former member of the Virginia House of Delegates who lost an election by a small margin, argued that Butler’s recount request was not filed properly nor in a timely manner.
Marrs said that Minnick received notice of Butler’s request for a recount on November 28, well beyond the ten day deadline. He also contended that because Butler’s petition for a recount was not attached to the summons form attached to all notice of civil legal actions, it was improperly served and should be disallowed.
The Judge stated that a recount is not quite a civil action.
Marrs said that the issue must be resolved by December 22, the date of supervisor investiture.
Butler, although he is believed to have been urged to retain counsel by a county election official, represented himself.
Butler contended that he mailed a letter requesting a recount to the State Board of Elections, Goochland Circuit Court and Minnick’s home in “due time.” He argued that state law does not specify how the notice is made.
Judge Berry told Butler that a recount petition is served like any other paper used to start a court case. (A recount is conducted by a recount court, in this case,comprised of Judge Berry and two other judges, appointed by the Supreme Court of Virginia.)
Butler seemed a bit put out by all the fuss. “If I’d a won by six votes, I’d agree to a recount,” he told the judge. “The public needs to know. This was the closest election in Virginia this year.”
Judge Berry concurred stating that court is committed to safeguarding the integrity of the election process in an expedited manner.
A preliminary hearing to determine the details of recount process will be held on December 8 at 1 p.m. The actual recount will take place on December 15 at 1 p.m.
As votes were electronically cast at the polls on November 8 and their tally is unlikely to change. The focus of the recount will be the 91 paper absentee ballots, which are counted by an optical scanner. The recount court will decide if the absentee ballots need to be physically examined during the recount.
A copy of the tally tapes for the electronic voting machines in the possession of county registrar Frances Ragland was transferred to the custody of Lee G. Turner, Goochland’s Clerk of the Court until the recount. The absentee ballots have been in the clerk’s vault since the canvass on November 9.
Minnick and Butler will each designate two election officials and one observer to conduct the recount under supervision of the recount court.
This is a very delicate matter. As new kid on the block Minnick must tread lightly while standing his ground and insisting on proper procedure for the recount to avoid being snookerd by the good old boys. His win at the polls must be well documented and above reproach.
Butler’s actions illustrate all too well the pseudo competence, baseless arrogance and penny wise and pound foolish attitude that characterized Goochland government operations for decades. The recount will show that he did not lose to one of those pesky imports on a technicality.
Butler must have known on election night that he wanted a recount. A proper request for a recount should have been in the hands of the proper parties no later than November 14.
It is curious that the Republican Party seems to have provided Butler with no support legal or otherwise. You’d think that the Republican Party of Virginia would have some sort of legal aid available for its standard bearers who lose by tight margins.
The recount will be held. It will set the record straight and clear the air of any doubt about who won the election.
John G. Berry chief Judge of the 16th Virginia Judicial Circuit in a special appearance in Goochland Circuit on Friday, December 2 dismissed a motion made by Robert Minnick to reject a recount request made by District 4 incumbent supervisor Malvern R. “Rudy” Butler.
According to election results certified by the county electoral board on November 9, Minnick received 842 votes, Butler 836.
Under Virginia law, because Minnick’s margin was less than half a percent of the total votes cast for both candidates, Butler is entitled to a free recount. The law requires that he file the request with the Circuit Court of the jurisdiction in which the election occurred within ten days of certification of election results.
Brad Marrs, Minnick’s lawyer, a former member of the Virginia House of Delegates who lost an election by a small margin, argued that Butler’s recount request was not filed properly nor in a timely manner.
Marrs said that Minnick received notice of Butler’s request for a recount on November 28, well beyond the ten day deadline. He also contended that because Butler’s petition for a recount was not attached to the summons form attached to all notice of civil legal actions, it was improperly served and should be disallowed.
The Judge stated that a recount is not quite a civil action.
Marrs said that the issue must be resolved by December 22, the date of supervisor investiture.
Butler, although he is believed to have been urged to retain counsel by a county election official, represented himself.
Butler contended that he mailed a letter requesting a recount to the State Board of Elections, Goochland Circuit Court and Minnick’s home in “due time.” He argued that state law does not specify how the notice is made.
Judge Berry told Butler that a recount petition is served like any other paper used to start a court case. (A recount is conducted by a recount court, in this case,comprised of Judge Berry and two other judges, appointed by the Supreme Court of Virginia.)
Butler seemed a bit put out by all the fuss. “If I’d a won by six votes, I’d agree to a recount,” he told the judge. “The public needs to know. This was the closest election in Virginia this year.”
Judge Berry concurred stating that court is committed to safeguarding the integrity of the election process in an expedited manner.
A preliminary hearing to determine the details of recount process will be held on December 8 at 1 p.m. The actual recount will take place on December 15 at 1 p.m.
As votes were electronically cast at the polls on November 8 and their tally is unlikely to change. The focus of the recount will be the 91 paper absentee ballots, which are counted by an optical scanner. The recount court will decide if the absentee ballots need to be physically examined during the recount.
A copy of the tally tapes for the electronic voting machines in the possession of county registrar Frances Ragland was transferred to the custody of Lee G. Turner, Goochland’s Clerk of the Court until the recount. The absentee ballots have been in the clerk’s vault since the canvass on November 9.
Minnick and Butler will each designate two election officials and one observer to conduct the recount under supervision of the recount court.
This is a very delicate matter. As new kid on the block Minnick must tread lightly while standing his ground and insisting on proper procedure for the recount to avoid being snookerd by the good old boys. His win at the polls must be well documented and above reproach.
Butler’s actions illustrate all too well the pseudo competence, baseless arrogance and penny wise and pound foolish attitude that characterized Goochland government operations for decades. The recount will show that he did not lose to one of those pesky imports on a technicality.
Butler must have known on election night that he wanted a recount. A proper request for a recount should have been in the hands of the proper parties no later than November 14.
It is curious that the Republican Party seems to have provided Butler with no support legal or otherwise. You’d think that the Republican Party of Virginia would have some sort of legal aid available for its standard bearers who lose by tight margins.
The recount will be held. It will set the record straight and clear the air of any doubt about who won the election.
Saturday, December 3, 2011
On to the state finals
Bullgdogs keep a zero in the loss colum
The Goochland Bulldogs beat Augusta County's Wilson Memorial High School in the state semi-final football game 47 to 21 at home this afternoon.
Goochland scored six offensive touchdowns and one interception return. Except for "taking a knee" at the end of each half, the Bulldogs scored every time they had possesion of the ball.
The Bulldogs made the Green Hornets work hard for their scores.
Next Saturday Goochland will play Gretna at Salem City Stadium at 4:30 p.m. for the state championship.
Go Bulldogs, bring the championship home. Thank you for your hard work and dedication to excellence.
The Goochland Bulldogs beat Augusta County's Wilson Memorial High School in the state semi-final football game 47 to 21 at home this afternoon.
Goochland scored six offensive touchdowns and one interception return. Except for "taking a knee" at the end of each half, the Bulldogs scored every time they had possesion of the ball.
The Bulldogs made the Green Hornets work hard for their scores.
Next Saturday Goochland will play Gretna at Salem City Stadium at 4:30 p.m. for the state championship.
Go Bulldogs, bring the championship home. Thank you for your hard work and dedication to excellence.
Thursday, December 1, 2011
The shape of things to come
SBE on the job, unofficially
On Tuesday, November 29, the Goochland School Board Elect (SBE) comprised of our five newly elected school board members met with school superintendent Dr. Linda Underwood for some orientation about school operations. The informal informational session was open to the public but was attended mostly by school staff.
The SBE is comprised of: Michael Payne District 1; Kevin Hazzard District 2; John Lumpkins District 3; Beth Hardy District 4 and John Wright District 5.
Hardy, acting as spox for the group, began the session with a brief statement thanking everyone for their support during the election. “We are truly humbled,” she said.
Humble is undoubtedly a word and concept unfamiliar to the vanquished incumbents. Its use by the SBE is a clear indication that things have already changed radically for the better.
The SBE hit the ground running by attending the Virginia School Board Association Conference the week after the election. They attended a total of 27 different sessions collectively, and are sharing the information gleaned.
Hardy added that the SBE is working hard to ensure a smooth transition when it officially takes office. Also, the SBE is actively engaged in preparation of next year’s school budget, which will be presented to the new supervisors on January 3.
That too is good news. There will be no repeat of Underwood metaphorically waving her PhD at the supervisors and saying she knows best how to craft a school budget. Indeed, some of those who took issue with past school budgets will be her bosses next year.
Underwood began her presentation with excerpts from the Code of Virginia outlining the duties and responsibilities of local school boards.
Much of the information was inside baseball. The SBE focused on Underwood’s every word.
The organization chart, which Underwood indicated has been in place for about four years, would give Rube Goldberg a headache. She said that, although it seems confusing, everyone “works the work that needs to be done to make it work for our kids” or something.
Unfunded federal and state regulatory reporting requirements burden most aspects of the school system, said Underwood.
Obtaining accurate information about many aspects of the school system seems to be cumbersome at best.
To further complicate matters, the school system and county do not seem to have compatible accounting software, which requires data to be moved from one system to another manually. This wastes time and increases the possibility of error.
“We have to fix that,” Hazzard said.
Throughout Underwood’s presentation, the SBE paid careful attention and took copious notes. They asked on point questions about cost centers, budget classifications and other matters. There were more than a few discreetly raised eyebrows, subtle shudders and head shakes among the group at some of her statements.
At the conclusion of the meeting, Wright urged those present to contact any of the SBE with questions and comments. The days of unreturned phone calls and unanswered emails are over. No longer will school board members respond to parental queries with “it’s complicated and you wouldn’t understand” arrogance.
The path ahead for the SBE is amply strewn with challenge and opportunity. This fine group of citizens is up to the task and already at work.
Email for the SBE are: mpayne@glnd.k12.va.us; khazzard@glnd.k12.va.us; jlumpkins@glnd.k12.va.us; bhardy@glnd.k12.va.us;jwright@glnd.k12.va.us.
On Tuesday, November 29, the Goochland School Board Elect (SBE) comprised of our five newly elected school board members met with school superintendent Dr. Linda Underwood for some orientation about school operations. The informal informational session was open to the public but was attended mostly by school staff.
The SBE is comprised of: Michael Payne District 1; Kevin Hazzard District 2; John Lumpkins District 3; Beth Hardy District 4 and John Wright District 5.
Hardy, acting as spox for the group, began the session with a brief statement thanking everyone for their support during the election. “We are truly humbled,” she said.
Humble is undoubtedly a word and concept unfamiliar to the vanquished incumbents. Its use by the SBE is a clear indication that things have already changed radically for the better.
The SBE hit the ground running by attending the Virginia School Board Association Conference the week after the election. They attended a total of 27 different sessions collectively, and are sharing the information gleaned.
Hardy added that the SBE is working hard to ensure a smooth transition when it officially takes office. Also, the SBE is actively engaged in preparation of next year’s school budget, which will be presented to the new supervisors on January 3.
That too is good news. There will be no repeat of Underwood metaphorically waving her PhD at the supervisors and saying she knows best how to craft a school budget. Indeed, some of those who took issue with past school budgets will be her bosses next year.
Underwood began her presentation with excerpts from the Code of Virginia outlining the duties and responsibilities of local school boards.
Much of the information was inside baseball. The SBE focused on Underwood’s every word.
The organization chart, which Underwood indicated has been in place for about four years, would give Rube Goldberg a headache. She said that, although it seems confusing, everyone “works the work that needs to be done to make it work for our kids” or something.
Unfunded federal and state regulatory reporting requirements burden most aspects of the school system, said Underwood.
Obtaining accurate information about many aspects of the school system seems to be cumbersome at best.
To further complicate matters, the school system and county do not seem to have compatible accounting software, which requires data to be moved from one system to another manually. This wastes time and increases the possibility of error.
“We have to fix that,” Hazzard said.
Throughout Underwood’s presentation, the SBE paid careful attention and took copious notes. They asked on point questions about cost centers, budget classifications and other matters. There were more than a few discreetly raised eyebrows, subtle shudders and head shakes among the group at some of her statements.
At the conclusion of the meeting, Wright urged those present to contact any of the SBE with questions and comments. The days of unreturned phone calls and unanswered emails are over. No longer will school board members respond to parental queries with “it’s complicated and you wouldn’t understand” arrogance.
The path ahead for the SBE is amply strewn with challenge and opportunity. This fine group of citizens is up to the task and already at work.
Email for the SBE are: mpayne@glnd.k12.va.us; khazzard@glnd.k12.va.us; jlumpkins@glnd.k12.va.us; bhardy@glnd.k12.va.us;jwright@glnd.k12.va.us.
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