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Colin Stolle's Prosecutorial Nullification of Conflict of Interest
Posted on Friday, September 30 @ 00:00:00 MST by david

VA  Govt. is Massive Criminal Enterprise

The Law

Virginia Code § 2.2-3101"Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. The candidate shall become subject to the provisions of this chapter upon the filing of a statement of qualification pursuant to § 24.2-501. The State Board of Elections or general registrar shall notify each such candidate of the provisions of this chapter. Notification made by the general registrar shall consist of information developed by the State Board of Elections.

Virginia Code § 2.2-3101 "Employee" means all persons employed by a governmental or advisory agency, unless otherwise limited by the context of its use.

Virginia Code § 2.2-3101 "Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services . . .. For purposes of this definition, "person, organization, or business" includes individuals who are officers, directors, or owners of or who have a controlling ownership interest in such organization or business.

Virginia Code § 2.2-3101 "Governmental agency" means each component part of the legislative, executive or judicial branches of state and local government, including each office, department, authority, post, commission, committee, and each institution or board created by law to exercise some regulatory or sovereign power or duty as distinguished from purely advisory powers or duties.

Virginia Code § 2.2-3101"Officer" means any person appointed or elected to any governmental . . . [a]gency. . . .

§ 2.2-3103. Prohibited conduct. — No officer or employee of a state or local governmental or advisory agency shall:

1. Solicit or accept. . . [ t] hing of value for services performed within the scope of his official duties,

5. Accept any . . . [ f]avor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties.

§ 2.2-3120. Knowing violation of chapter a misdemeanor. — Any person who knowingly violates any of the provisions of Articles 2 through 6 (§§ 2.2-3102 through 2.2-3119) of this chapter shall be guilty of a Class 1 misdemeanor.
Virginia Code § 2.2-3100.1All officers and employees shall read and familiarize themselves with the provisions of this chapter.

§ 2.2-3122. Knowing violation of chapter constitutes malfeasance in office or employment. — Any person who knowingly violates any of the provisions of this chapter shall be guilty of malfeasance in office or employment. Upon conviction thereof, the judge or jury trying the case, in addition to any other fine or penalty provided by law, may order the forfeiture of such office or employment.

Virginia Code § 2.2-3126.B. The provisions of this chapter relating to an officer or employee serving at the local level of government shall be enforced by the attorney for the Commonwealth within the political subdivision for which he is elected.

Each attorney for the Commonwealth shall be responsible for prosecuting violations by an officer or employee serving at the local level of government and, if the Attorney General designates such attorney for the Commonwealth, violations by an officer or employee serving at the state level of government.

The Event

My name is Robert K. Dean , Virginia Beach, VA 23453.

Here are the events that led up to my Freedom Of Information request on Virginia Beach City Councilwoman Shannon Kane, and Virginia Beach City employee and Fire Department Captain, William Bailey.


I received an anonymous call from someone alerting me to the fact that Virginia Beach City Councilwoman Shannon Kane has asked Virginia Beach Fire Department Captain William Bailey to put up her political campaign signs. At first I didn’t believe the accusations, but upon further examination, I was also informed that despite the long-term practice of vetting candidates running for City Council, this year Captain Bailey, who serves as president of the Firefighters’ union, made a recommendation to endorse all of the incumbents even before the filing date.

I then sent an E-mail message to Mrs. Melena Johnson, the City of Virginia Beach FOIA representative at her City address (foia@vbgov.com), requesting all correspondence between Virginia Beach City Councilwoman Shannon Kane and Virginia Beach firefighter Captain William Bailey from November 1, 2015 through August 23, 2016.

Of the thousands of E-mails sent by the individuals, I only requested those that had both the Kane and Bailey names cross referenced. On August 31, 2016, I received copies of my request. Those document are attached.

After reading the documents, I found the suspected E-mail exchange that Captain William Bailey sent out to the Fire Department Captains over City electronic equipment asking them to help him put up Councilwoman Shannon Kane’s political signs.

In closing, I brought the violations to the attention to the Virginia Beach City Attorney and the Commonwealth Attorney; my E-mail to them and the reply from Commonwealth Attorney Colin Stolle is enclosed. Mr. Stolle’s response was that I should contact the Virginia Beach Police if I feel there have been violations to the City Code.

Robert K. Dean

1204 Shawn Drive

Virginia Beach, VA 23453


From: William P. Bailey
To: FDCapts
Subject: Help Me?
Date: Thursday, August 18, 2016 4:57:05 PM

All,

I have been asked to post some signs for Shannon Kane. I am physically unable to do this like in the past, so I am asking for your assistance. Only a few hours...

I would like to do this Monday morning starting a 0800 and put out signs. If you can help me, please let me know. 757 288-5761. And if you happen to be one of those officers who received a nice compression adjustment, it would be nice you gave me a hand... lol. Sorry but I couldn't stop myself from including the bit of humor....

Bill Bailey

President
Va.Beach Professional Firefighters 211 24th Street
Va. Beach,Va.
23451
757-288-5761
VBFD@cox.net

Sent from my Verizon, Samsung Galaxy smartphone


From: George S. Woodruff
To: William P. Bailey
Subject: RE: Help Me?
Date: Thursday, August 18, 2016 4:58:11 PM

Where, how many and can I do it later in the day?

From: William P. Bailey
Sent: Thursday, August 18, 2016 4:57 PM To: FDCapts
Subject: Help Me?

All,

I have been asked to post some signs for Shannon Kane. I am physically unable to do this like in the past, so I am asking for your assistance. Only a few hours...

I would like to do this Monday morning starting a 0800 and put out signs. If you can help me, please let me know. 757 288-5761. And if you happen to be one of those officers who received a nice compression adjustment, it would be nice you gave me a hand... lol. Sorry but I couldn't stop myself from including the bit of humor....

Bill Bailey

The Follow up

The Virginia Beach Commonwealth Attorney has not followed up and acted as the law requires. That failure is Prosecutorial Nullification of Virginia Law. Such conduct mandates that we ask the Judges of the Virginia Beach Circuit to remove the Commonwealth Attorney using he provisions of the Quo Warranto law.

§ 8.01-637. By whom filed; when leave granted and writ issued. —

A. The Attorney General or attorney for the Commonwealth of any county or city of which the circuit court has jurisdiction of the proceeding, at his own instance or at the relation of any interested person, or any interested person, may apply to such court by petition verified by oath for a writ of quo warranto. In case of an application under § 8.01-636 2a the term "any interested person" shall include any attorney licensed to practice law in this Commonwealth and qualified to practice before the Supreme Court of Virginia, or the circuit court in which the petition is filed.

A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases:

2. Against a person for the misuse or nonuse of any privilege conferred upon him by law;


 
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Associated Topics

Corruption & Govt. & Business/Society Fake News AlertUSA  United StatesVA  Govt. is Massive Criminal EnterpriseVirginia Beach Govt. Criminal EnterpriseYour Personnel is Your Policy


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