Communication, crickets, and emojis — technical lawlessness in Albemarle Government

Pardon me for being picky, Albemarle, but the law is the law. Here are two recent examples of County employees technically running afoul of state law, at least in my view.

On April 19, I received an e-mail from Albemarle County’s electronic news service called A-MAIL. (Anyone can receive these free notices by signing up on the County’s website.) This particular A-MAIL message asked that any replies be sent to the following address: ekilroy@albemarle.org.

Here, in my opinion, is the law-breaking paragraph:

“In a letter to the Board of Supervisors dated May 12, 2016, the School Board requested that the Board of Supervisors amend the FY 2017-2021 Capital Improvement Plan (CIP) in order to add capital improvement projects for the County school division, including school addition, modernization and security projects, renovations, and school capacity planning. These proposed additions to the CIP could potentially be funded through a bond referendum. If the Board goes forward with a referendum, County residents would have the opportunity to vote for the funding method for the projects during the November 8, 2016 election.”

Having a difficult time finding the crime here?

Well, it’s actually just one word — “for” — that I’ve now highlighted and underlined: “If the Board goes forward with a referendum, County residents would have the opportunity to vote for the funding method for the projects during the November 8, 2016 election.

The Albemarle Supervisors and County Executive Tom Foley and his Staff had already been publicly warned by retiring County Attorney Larry Davis that state law prohibits advocacy by government officials (elected, appointed, or hired) for general obligation bond referenda.

If the word for is not an advocacy word, I don’t know what one looks like.

So, after seeing this illegal advocacy act, I sent the following e-mail to A-MAIL’s ekilroy@albemarle.org and also copied Brad Sheffield (D - Rio), the Supervisor of the district where I live, and Board Chairwoman Liz Palmer (D - Samuel Miller):

To be educational rather than advocacy, as Virginia law requires according to advice given to the Albemarle BOS by Larry Davis, shouldn't the wording of the last sentence in paragraph 2 read: "If the Board goes forward with a referendum, County residents would have the opportunity to vote for [or against] the funding method for the projects during the November 8, 2016 election?"

Gary Grant

Earlysville, VA

The illegal advocacy, from my perspective, comes from having some unidentified County employee write and publicize that residents “would have the opportunity to vote for the funding method” in a referendum. That’s advocating for passage.

To be educational — and therefore fair, balanced, objective, and legal (What a novel concept!) — the wording should have been “residents would have the opportunity to vote for or against the funding method.”

Meanwhile, since I only copied the two Supervisors, I didn’t necessarily expect a reply from them (although that would have been nice). However, since I asked ekilroy@albemarle.org a question about this alleged illegal governmental advocacy, I was hoping for the courtesy of an answer.

Crickets.

Or whatever “emoji” might symbolize silence in e-mails — or A-MAIL.

I’m betting that the County's referendum advocacy author got some legal advice not to reply to me.

**********************************************************************************

Okay, onto my second example of technical lawlessness from Albemarle County officials.

Following the recent appointment of Major Ron Lantz as Albemarle’s next Police Chief, there was once again no mention of the compensation — a public record — to be paid to this new hire by either County Executive Tom Foley during his announcement or from his Staff’s news release later.

So, being the curious taxpayer that I am (no, not me being the curiosity; me being curious to want to know what my tax dollars are buying), I asked. See the following e-mail sent to the Board’s Clerk and copied once again to Supervisors Sheffield and Palmer:

Congratulations to new Albemarle Police Chief Ron Lantz!

Unfortunately, in my view, I did not hear in yesterday's announcement any information about his total compensation package. I wish to examine any and all public records that provide information about what the new Chief's salary and benefits will be once he assumes his new position. Please include all compensation or value (car allowance, annuities, etc. as examples) coming from any taxpayer funds.

Thank you.

Gary Grant

Earlysville, VA

P.S. I'm assuming this request will be handled according to the Virginia FOIA.

I was assured by the Board’s Clerk that my request would be handled in accordance with Virginia law, to wit this reply:

“By copy I am forwarding your request to Lorna Gerome, Director of Human Resources, who will be responsible for providing you with the information.”

The Virginia Freedom of Information Act requires that a reply be provided to the requestor in five governmental business days.

Okay, fine. I’m willing to abide by the law.

In reality, though, does it really take 40 hours (5 business days times a daily 8 hour shift) to calculate a Police Chief’s salary and benefits?

I have no way of knowing, but I’m betting this compensation calculation had already been completed as part of the hiring negotiations before Tom Foley even made the announcement about the new Police Chief.

So, where was the infraction in all this? See my next e-mail, time-stamped 10:48 a.m., this one to Supervisors Sheffield and Palmer rather than just copied to them. Copies went to the Clerk and to Albemarle’s HR Director:

May 19, 2016

I could be wrong, but according to my count, the five business days allowed by the Virginia FOIA to provide a reply to my request may have expired at 8:40:20 AM EDT today.

Gary Grant

Earlysville, VA

Guess what? Rather than 40 hours over 5 business days, after I sent this reminder it only took 13 minutes to get the answer at 11:01 a.m. on May 19. Technically, though, this means it came 3 hours and 21 minutes later than state law allows. Here’s the late information:

“Good morning Gary,

In response to your FOIA request, following is the information for Ron Lantz:

Salary: $124,441 – reflects $122,001 annual pay plus 2% adjustment July 1

Benefits: $35,917

Total: $160,358

Take home car (no vehicle stipend)

Please let me know if you have any questions.

Thanks,

Travis O. Morris, CMC

Senior Deputy Clerk, Albemarle County Board of Supervisors”

By the way, I’m laying no blame in any of this on Albemarle’s Clerks. They did their jobs as communicators and conduits.

On this one, the crickets appear to have been at the feet of the Human Resources Department.

Anyone wonder what Albemarle officials would do if County residents sent in tax payments 3 hours and 21 minutes late?

Crickets?

Absolutely not!

Can you say “late fees and penalties?”

Legally, folks; not just technically.

And maybe even with a governmental “emoji” or two for emphasis.