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Voter News and Issues ~ Helpcom.net
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Re Branding Sharia / Islam Evil
[ Re Branding Sharia / Islam Evil ]

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·No comment from sunni moslem Obama !!!!!


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CNN LAW
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Voter News and Issues ~ Helpcom.net: FOIA

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Virginia Beach Councilwoman Abbott sent a FOIA request for her college records
FOIA New Page 1


Virginia Beach Councilwoman Jessica Abbott was sent a Freedom of information request to examine her college records.

Virginia Beach Councilwoman Jessica Abbott was sent a Freedom of information request on Tuesday morning [2/21/2017] to examine documents that proves that she graduated from American College of Financial Services [ACFS] or any other college or university the Unalienable Rights Foundation [UARF]. UARF also sought in that FOIA request a request to examine a copy of any and all College/University Degrees/Diplomas Professional Designations /Certifications (by whatever name they might be called) including and not limited to the American College of Financial Services, earned by her. UARF told HCN that the request was sent to Abbott to determine if in fact what she claims about herself is true. On Abbott’s biography on the council’s website Abbott says, "She graduated from Kellam High School in 2007, graduated from the American College of Financial Services in 2015 with LUTCF and FSCP designations . . . . "

UARF also shared with HCN that on ACFS’ website the school says is only offers 3 degrees, 2 masters programs and 1 Ph.D. If you are interested in seeing what was in the FOIA request that was sent to Ms. Abbott contact the Virginia Beach City clerk’s office and request that she email you a copy of the request.

The Records that were asked to be examined
Petitioner’s Exhibit 2

Schedule of Documents** / Public Records** that the FOIA Request AddressesI

Any and all College/University Degrees/Diplomas Professional Designations /Certifications (by whatever name they might be called), earned by the individuals named on Exhibit 3, attached hereto, that serves as evidence of that individual’s graduation, Professional Designations /Certifications from the institutions named on the College/University Degrees/Diplomas Professional Designations /Certifications including and not limited to;

The American College of Financial Services;

Harvard University;

The University of Virginia

Tidewater Community College;

Regent University;

Yale University;

Brown University;

Princeton University;

Cambridge University (England);

The London School of Economics;

Oxford University (England)

Oxford School (Oxford Primary U.S.A., where it is the highest level of education offered in Oxford is the 3rd grade, it being the same institution of learning where Jethro Bodine graduated from before moving to Beverly Hills, CA;

Any agency of the Commonwealth of Virginia;

Any agency of the U.S. Federal Government;

 

by the individuals name in Exhibit 3 attached hereto;

II

The Catalogue descriptions and requirements (courses taken)of the College/University Degrees/Diplomas/Professional Designations /Certifications (by whatever name they might be called) earned by the individuals set out in Exhibit 3 attached hereto;

III

All transcripts, by whatever name they might called, showing the courses taken and grades received for the individual name on Exhibit 3 attached hereto for each and every college Degrees/Diplomas/Professional Designations /Certifications (by whatever name they might be called) earned;

IV

The policies and procedures set forth in Records or documents, electronic or otherwise in;

• any handbook;

• training manual;

• policy and / or procedure manual;

• memorandum that have been posted

E-Mails

for awarding college Degrees/Diplomas/Professional Designations /Certifications (by whatever name they might be called) earned/awarded that touches and concerns the individuals named in Exhibit 3 . . . .

 

 

 

 

Posted by editor on Tuesday, February 21 @ 22:26:09 MST (482 reads)
(Read More... | Score: 0)




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Vetting Inquiry to Northampton Commonwealth Attorney a Failure
FOIA . .Vetting the Virginia Freedom of Information Advisory Council Failed

Vetting the Northampton County Commonwealth Attorney Failed!!!!

Northampton County Commonwealth Attorney Failed to Respond to HCN Vetting Form that Requests to Inspect Documents that Relates to the Commonwealth Attorney's Conflicts of Interests

What Conflicts Does He Have to Hide?

Why Is He Violating the Law?

Guess We will have to wait until they go to court and tell the judge what they failed to respond to the request for documents as required by law to find out.

That is what Doug Buckley told HCN we we asked him about the 42 page vetting form that was sent to the members and has gone unanswered.  Some of the questions that were asked;

 Please confirm or deny that you have you ever used, or have you ever been known by, any other name INCLUDING ANY ENTITY that the Code of Virginia defines as a person? Yes[ ] No[ ] If yes, provide name(s) with supporting DOCUMENTS or in the alternative an index of documents (Va Code 42.1-86 / 2.2-3404.01) )and explain;

Agency description of position/job including duties / responsibilities/ and qualifications [1] you currently hold and/or seeking. Provide supporting documents;

Offices and Directorships: Confirm or deny that you or a member of your immediate family are a paid officer or paid director of a business? EITHER check NO [ ] OR check YES [ ] and if yes, provide name(s) with supporting DOCUMENTS;

Securities: Confirm or deny that you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $1,000 invested in one business? Account for mutual funds, limited partnerships and trusts. EITHER check NO [ ] OR check YES [ ] and and provide supporting documents

To see the full request that was sent to the Council members

To see the instruction for replying to the FOIA request you received from HelpCom.Net, LLC.

 

 

Posted by editor on Thursday, October 01 @ 16:18:32 MST (1511 reads)
(Read More... | Score: 0)




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Virginia Freedom of Information Advisory Council
FOIA Anonymous writes "The Virginia Freedom of Information Advisory Council

This message is to provide notice of upcoming meetings of the FOIA Council and its subcommittees. The FOIA Council will meet at 10:00 AM on Wednesday, September 30, 2015 in House Room D of the General Assembly Building, 201 N. 9th St., Richmond, Virginia 23219. Please note that this meeting will include the Annual Legislative Preview Part I. The Meetings Subcommittee will meet at 1:00 PM on Wednesday, September 30, 2015 in the Speaker's Conference Room, Sixth Floor, General Assembly Building. The Records Subcommittee will meet at 1:30 PM on Wednesday, October 7, 2015 in the Speaker's Conference Room, Sixth Floor, General Assembly Building. "
Posted by editor on Thursday, September 03 @ 10:55:43 MST (1195 reads)
(Read More... | Score: 0)




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Chief Judge of Virginia Beach's GDC Violates VA. Constitution
FOIA

Gene Woolard, Chief Judge 

of the Virginia Beach General District Court

Chief Judge

Head Clerk

Deputy Clerks

Bailiffs

of Virginia Beach's General District Court [GDC]

The Virginia Beach Court House

Where the Violations Occurred

Violate Article I, Section II of Virginia's Constitution:

The Constitution of Virginia [1971]

Article 1 Bill of Rights.

Va. Constitution Va. Con. Art. 1 § 2 (1971) Section 2. People the source of power. — That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them.

In their responses to a UARF Virginia Freedom of Information Act Request made to the Court and is Custodian, Woolard.

Michal Bogacki, Deputy Executive Director [DED] of the Unalienable Rights Foundation [UARF] told HCN that when we attempted to see the policies and procedures that touch and concerns the operations  of the General District Court under Virginia's Freedom of Information Act several times of in the past several months the Court's employees refused to allow him to see those records.

The DED reports that in his last attempt to examine those records he wrote to Judge Woolard in part;

  •  "asked to see any and all of the Virginia Beach General District Court policies and procedures, written or otherwise;

  • Setting forth the standards [by whatever name they might be called] of the GDC’s operations including and not limited to;

  • policies and procedures set forth in

  • any handbook,

  • training manual,

  • policy and / or procedure manual,

  • memorandum that have been posted;"


 The DED tells HCN that the request to examine the Virginia Beach General District Court policies and procedures comes about due to what the DED sees as inconsistencies in:

  •  the GDC's operations; 

    vs.

    • the rules of the Virginia Supreme Court;

    •  the Code of Virginia;

    • Virginia's Constitution;

    • the Federal Constitution;

    • federal law;

    • federal rules of civil procedure;

    • U.S.  CODE;

    The  Freedom of Information Request and attached exhibits to  to Judge Woolard HCN tell us  in part of  the following issues:

    To see the Full FOIA request

    Letter to Mr. Karl R. Hade / Executive Secretary / Virginia Supreme Court;

    I am writing to you as a former state and federal court employee. I am dismayed and honestly embarrassed by the following events:

    On June 19, 2015, the above-styled cases were on the docket in the Virginia Beach General District Court, (VBGDC), Civil Division. Mr. Michal Bogacki personally and as a Civil Rights Case Manager, for the Unalienable Rights Foundation [UARF] and both of which are the Petitioners, appeared in person, before the court was in session, and requested that these two matters be non-suited. Mr. Bogacki followed the Deputy Clerks instructions and completed the non-suit paperwork.

    These cases were brought before the Court because the Unalienable Rights Foundation filed a Freedom of Information Act (FOIA) request to examine the inner workings of our government and we were denied access to these records. Therefore, an injunction/writ of mandamus was sought, which is the remedy pursuant to the Code of Virginia for these violations.

    Unfortunately, we learned a few days later that the two cases referenced above were denied and dismissed with prejudice, instead of being non-suited.

    On June 26, 2015, one week after the original court date, Michal Bogacki and a group of concerned citizens appeared at the VBGDC Clerk's Office, Civil Division, to inquire how, why and what happened to the non-suit papers.

    I spent approximately 40 years working in both the state and federal court systems. I was convinced that this was just a "clerical mistake" and not another Judge Campbell scandal. I explained to the group that hundreds of cases are on the civil court docket every day and that mistakes do occur.

    However, the Respondent in these two matters is Mayor William Sessoms, who is presently under investigation by the FBI and the state police for over 60 conflicts of interest violations.

    Therefore, there was a great deal of skepticism within the group. I urged the group to [1] wait before drawing the wrong conclusions [2] wait until we were able to ascertain all the facts.

    When I worked in the state/federal court systems, as a public servant, I was trained to assist individuals in the courtroom and at the counter. That training included if a "clerical mistake" occurred, to immediately bring the mistake to the judges attention to correct the records. If it was not a "clerical mistake" and the litigant was unhappy with the outcome of the case, I would have provided pertinent information regarding the policies and/or procedures including local rules of practice relating to the appeal process and/or how to file a motion to reopen/rehear to amend a wrong perceived by the litigant.

    Unfortunately, our experience at the VBGDC, Clerks Office on June 26, 2015, was quite different. The litigant was not provided any information about an appeal, or how to reopen/rehear a case nor was the litigant/UARF afforded or presented with any relevant or pertinent court policies or procedures to rectify this wrong either verbally or in writing.

    I admit that the Unalienable Rights Foundation is very savvy as to the Freedom of Information Act. I also admit that I worked in the court systems [Federal and State] but it has been thirty years since I was employed in the Norfolk General District Court, Civil Division, and the whole world has changed since then.

    More importantly, my employment status with the court system was unknown to anyone and, we were, as far as the Clerks office was concerned, just a group of concerned citizens/customers [UARF] trying to work our way through the complex maize of the legal system needing assistance and guidance to redress a grievance.

    Despite the lack of assistance from the Clerks Office, UARF and Bogacki decided that Petitioners would put their best foot forward and proceed to try to rectify what we and the Petitioners still believed was a "clerical mistake."

    UARF conducted some research and eventually found the code section regarding "clerical mistakes."

    Using this information, on July 8, 2015, Mr. Bogacki and I again went to the VBGDC and hand-delivered a document to the Honorable Gene Woolard, Chief Judge of the VBGDC, and Mr. David M. ODell, Clerk of the VBGDC.

    The document dated July 6, 2015, contained a brief summary that set forth the [1] exchange between Mr. Bogacki and the staff/members of the VBGDC Clerkss office on June 19th and 26th, [2] as well as the Virginia Code Section regarding "clerical mistakes" [3] and the actual errors/mistakes.

    We were still hoping to resolve this issue amicably so that we could proceed with the hearing on the Injunction/Writ of Mandamus [after refiling the petition] (A copy of the July 6, 2015, document is in the attachment below for your review).

    When we hand-delivered this document to Mr. ODell, he did not bother to glance at it.

    Mr. Bogacki asked him a few questions but for the most part his answers were head movements.

    I have never been very good at reading facial sign language.

    One of the few direct verbal exchanges occurred as we were leaving the Clerks office.

    I mentioned to Mr. ODell that I had been a courtroom deputy in the Norfolk General District Court, Civil Division. His response was, and this is a direct quote: "Well, all courts are a little different."

    Therefore, based on Mr. ODells own statement, why were we left to our own devises to determine the local court’s rules instead of being afford the necessary relevant information to resolve what we, at the time, believed be to an oversight by the VBGDC?

    This begs the question, "Does Mr. ODell believe that he only has to "serve certain customers that come to the lunch counter? "

    Mr. Bogacki appeared again at the VBGDC, Civil Division, on Friday, July 17, 2015, to file motions to rehear/reopen the two cases.

    On my advice, Mr. Bogacki requested that the hearing date be set several weeks in advance to accommodate the substitute Judge, Trevor Robinsons schedule, , the Judge that presided over the matters listed above.

    We wanted to make sure that Judge Robinson would be available, so that this dispute would once and for all be resolved.

    The clerk denied Mr. Bogackis request to set this matter on the docket several weeks in advance. Mr. Bogacki asked the Clerk if there was a code section or a written policy or procedure that he could review that prohibited his request to have a later court date.

    Mr. Bogackis reluctance and apprehension to depend or trust the information from another clerk at the VBGDC is certainly, under the present circumstances, a very reasonable and completely understandable request.

    That old adage "fool me once, shame on you, fool me twice, shame on me" was certainly Mr. Bogackis mindset, and who could really blame him?

    Unfortunately, tempers flared.

    After all, this is Mr. Bogackis 4th or 5th time at the Clerks office in less than a month. We dont know if Judge Robinson, the City Attorney, Jane Evans and Jewell [whom O’Dell and the rest of his staff refused to give her last name to Bogacki] from the Clerks Office will be available for the August 3rd hearing, which means another delay in moving forward with our Injunction.

    How many more times do we [1] as citizens have our Constitutional rights denied [VA. Code Sec. 42.1-77] [2] have to appear to find out what happened and [3] why it happened, so that all of these obstacles can be corrected in order to bring the injunction/writ of mandamus before the court pursuant to the Code of Virginia [Va Code Sec. 2.2-3713]?

    We would simply like the services/rights, as designated by the Virginia Supreme Courts own website that states, "Our aim is to assure that disputes are resolved justly, promptly, and economically through a court system united in its structure and administration."

     

     

Posted by editor on Thursday, August 27 @ 05:16:56 MST (1513 reads)
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FOIA Lawsuit Against Virginia's Supreme Court's Executive Secretary
FOIA

Following the Unalienable Rights Foundation's presentation [in response to Frosty Landon’s (of the Virginia Council of Open Government) and Dave Ress (of the Daily Press’) comments to the Virginia Freedom of Information Council on July 22, 2015 at the Council’s meeting in Richmond, Virginia’s Daily Press (a Tribune Paper in Newport News, VA)] filed a lawsuit against the Virginia Supreme Court's Office of the Executive Secretary on Friday, seeking the release of a comprehensive database of thousands of court records dating back more than a decade.

What the Daily Press had to say about its lawsuit:

At the heart of the lawsuit is whether the statewide database of criminal court records is covered by the Freedom of Information Act.

The Daily Press filed a lawsuit against the Virginia Supreme Court's Office of the Executive Secretary on Friday, seeking the release of a comprehensive database of thousands of court records dating back more than a decade.At the heart of the lawsuit is whether the statewide database of criminal court records is covered by the Freedom of Information Act.

The lawsuit, filed in Newport News Circuit Court by the Daily Press and reporter Dave Ress, asks the court to order the Office of the Executive Secretary to release the database.

The Daily Press lawsuit points out that the Office of the Executive Secretary is a public agency created by the General Assembly and funded with public money, and argues that the compilation of court records is a public document that should be released.

The Office of the Executive Secretary has so far refused.

"Taxpayers have a right to hold all the institutions they fund accountable for their performance," Daily Press Publisher and Chief Executive Officer Digby A. Solomon said in an emailed statement. "The judiciary should not be exempt from this scrutiny."

Solomon said the Daily Press finds it "disturbing" that the Office of the Executive Secretary is "throwing up roadblocks after an initial Daily Press investigation seemed to show our courts may be treating African-Americans differently from white Virginians."

Solomon was referring to two stories the Daily Press has published that were based on partial access to the records. One found that black defendants were less likely than white defendants to be able to negotiate a reduced charge in plea bargains. The other found that black defendants were likely to receive harsher sentences than white defendants for probation or parole violations.

Requests for comment left Friday afternoon with Executive Secretary Karl Hade, Assistant Executive Secretary and Counsel Edward Macon and Office of the Executive Secretary Director of Legislative and Public Relations Kristi Wright were not returned.

Based on the existing law, the public can inspect all criminal and civil case information, as long as they visit the courthouses where those documents were filed.

The data base the Office of the Executive Secretary maintains is part of the case management system the office runs for the judicial system. And while state law says court clerks have to maintain records of court cases, it does not say they have to use the Office of Executive Secretary's system.

Along with basic case information such as the names of the parties involved and the case dispositions, the database includes personal information, such as the defendant’s sex and race. It does not include Social Security numbers or dates of birth.

If collected in whole, such information can provide insight into how the state’s legal system treats the criminally accused.

Megan Rhyne, head of the Virginia Coalition for Open Government, said the public ultimately suffers when this type of information remains private.

"This type of information provides an important check on the judicial branch," she said. "The public's right is being sacrificed because of these hyper-legal arguments taking place."

The state’s Freedom of Information Advisory Council — which is the only recourse for FOIA disputes other than filing a lawsuit — has already sided with the Daily Press concerning the issue, saying the database is a public record that should be released.

"There are all these reasons people are saying why they can’t (release the information), but no one is saying, ‘Why not?’" Rhyne said. "The arguments really seem to ring poorly on the public’s ears."

Posted by editor on Monday, August 10 @ 08:38:26 MST (1605 reads)
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Virginia Freedom of Information Advisory Council ANNUAL LEGISLATIVE PREVIEW
FOIA

Description: R:FOIA websiteimagesfoialogo.gif

 

General Assembly Building ~ 201 N. 9th Street, Second Floor ~ Richmond, Virginia 23219

804-225-3056 ~ (Toll Free) 1-866-448-4100 ~ (Fax) 804-371-0169 ~ http://foiacouncil.dls.virginia.gov


 ANNUAL LEGISLATIVE PREVIEW

 

          The Virginia Freedom of Information Advisory Council (the Council) reminds all interested parties that the Council will hold its Annual Legislative Preview on September 30, 2015 in conjunction with its regular quarterly meeting.  The purpose of the Annual Legislative Preview is to air FOIA and related access issues before the Council and other interested parties, which issues will or may be the subject of legislation in the upcoming Session of the General Assembly.  Any interested party is strongly encouraged to bring their legislative proposals (conceptual in nature or in draft form) before the Council on Wednesday, September 30, 2015 so that any necessary work on the proposal, including preparing compromise language, may be accomplished before the press of the 2016 General Assembly Session. 

          The meeting will be held in House Room D of the General Assembly Building, Richmond, Virginia at 10:00 a.m.  For further information, contact Council staff Maria Everett or Alan Gernhardt at foiacouncil@dls.virginia.gov or toll free 866-448-4100.

Posted by editor on Saturday, July 25 @ 02:58:56 MST (1464 reads)
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Will Sessoms Being Sued for FOIA Violations?
FOIA

Mike Bogacki is Suing the Virginia Beach City Mayor ?

Sessoms Being Sued

Sessoms on the Run

For Still Hiding Public Records?

While the FBI Is Making Inquiries into Sessoms Records ?

And Sessoms Refuses to Say what Public Records He Has Destroyed?

Legally that Is, On the Library of Virginia Form RM 3.

Or Has He?

Will the court Make the Mayor comply with the law, or will the court make this just another matter of home Cooking?

 

Posted by editor on Wednesday, June 17 @ 17:45:07 MST (1562 reads)
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Fraud upon Northampton County, Virginia, the U.S. / By Whom in Brownfield Report
FOIA

Hubbard

Nunez

Katherine Nunez, the Northampton County Clerk and her boss, Richard Hubbard [Chairman of the Northampton County Board of Supervisors] were provided with a copy of the petition for Writ of Injunction to be filed against them, as required Virginia Code § 2.2-3713 which says, " . . .  [t]he party against whom the petition is brought has received a copy of the petition at least three working days prior to filing.."  The petition is a follow up to a Virginia Freedom of Information Request that County resident Jack Bruckner made.

HCN has learned that the County paid for [in the County's Board of Supervisors Minutes] and has received a Brownfield report the County paid $1,000.00 for from a Yankee concern.  The minutes say that the firm was to evaluate a piece of real estate [dirt] for Brownfield Issues [petroleum contamination] that the County wants to purchase. Sources told HCN that he DIRT [1] either had, upon it a gas station [with underground tanks that should of been removed to prevent groundwater combinations from rusted, corroded tanks] [2] or is in close proximity to another parcel that has this issues.  

The aforesaid minutes also said that the Yankee outfit was to physical evaluate the DIRT as a part of its evaluation.   Sources told HCN that the report falls short on what was contracted for and/or what the County's Board of Supervisors was told they were paying for.   The sources told HCN that the report they saw does not contain any evidence that the Yankees came to Virginia to evaluate the property nor preformed any federally required  test that its federal Environmental Protection Agency  requires of suspected Brownfield Properties.  

The Sources also told HCN that the report says it is based upon the Yankee Outfit's review of public records.  This brings HCN to the question, how does one do a report that is based upon public records when in fact both Northampton County and the Virginia Department of Environmental Quality  responded in  prior responses to  FOIA request from either the Virginia Marine Resources Foundation [a Virginia Non-Stock Corporation] or the Unalienable Rights Foundation that no such records exist.  Bruckner did not observe in the packet he examined in Nunez/Hubbard offices a copy of the report nor any mention of it the agenda of the meeting.  Bruckner told HCN we was expecting to see in the packet and the agenda the information required as set by the standard for such information the Virginia Supreme Court [VSC] set in White Dog Publishing v. Culpeper Bd. of Sup., 272 Va. 377, 634 S.E.2d 334 (2006) and it was his observation that the County was not meeting that standard.

For this reason the Bruckner says Virginia Marine Resources Foundation and Bruckner are requesting  that the Court compel the County to follow the guidelines the VSC sets out in White Dog  for the County to be in conformity with the law of the Commonwealth.

A good follow up question is;

[1] What is Northampton County's Commonwealth Attorney going to do to investigate possible  fraud upon the government, the uttering of false documents?  [2]Or is this a matter for Virginia's Attorney General, the Virginia State Police, the F.B.I., Virginia's Inspector General, The Justice Department, or the U.S. Attorney?

 

Posted by editor on Thursday, March 12 @ 05:56:38 MST (1798 reads)
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Northampton County's Chief Financial Officer Leslie Lewis Served with a Copy of
FOIA

Northampton County's Chief Financial Officer 

Leslie Lewis Served with a Copy of FOIA Law Suit

HCN Obtained a copy of the petition for a writ mandamus Douglas Buckley of Virginia's Unalienable Rights Foundation is required to provide to Lewis  at least three working days prior to his filing the writ in Accomack's General District Court.

The suit deal with what Buckley claims [ Buckley has what he asserts is an audio file of what he says is Lewis] Lewis is refusing to let his examine  what Buckley claims to be public financial records of the county that Buckley says shows what appears to him to be funds subject to the federal false claims act and that the money appears to Buckley were inappropriately used.  

The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government’s primary tool in combating fraud against the Government.[1] The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government (informally called "whistleblowing" especially when the relator is employed by the organization accused in the suit). Persons filing under the Act stand to receive a portion (usually about 15–25 percent) of any recovered damages. As of 2012, over 70 percent of all federal Government FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from qui tam cases brought by relators.

 Buckley's 42 page written request to Lewis asked Lewis for:

Schedule of Documents / Public Records That the FOIA Request Addresses

For Northampton County and/or any of its agencies [as agencies are defined and set out in Virginia Code § 42.1-77] for the Period January 01, 2009 to date, any and all [by what ever name they might be called ]:

Indexes [as indexes are defined and set out [pages 9 - 11] in the Library of Virginia’s Public Records Management Manual [manual]. Said manual and its guidelines are provided for in Virginia Code § 42.1-86.A., ¶ of the second] of Northampton County or any of its agencies;

I

1. Financial Statements

2. List/Schedules of Grants received from the Commonwealth or any agency thereof;

3. List/Schedules of Loans received from the Commonwealth or any agency thereof;

4. List/Schedules of Grants received from the federal government or any agency thereof;

5. List/Schedules of Loans received from the federal government or any agency thereof;

II

1. List/Schedules of Grants received from the Commonwealth or any agency thereof in default;

2. List/Schedules of Loans received from the Commonwealth or any agency thereof in default;

3. List/Schedules of Grants received from the federal government or any agency thereof in default;

4. List/Schedules of Loans received from the federal government or any agency thereof in default;

III

1. List/Schedules of Grants received from the Commonwealth or any agency thereof that is defective in meeting the terms thereof;

2. List/Schedules of Loans received from the Commonwealth or any agency thereof in that is defective in meeting the terms thereof;

3. List/Schedules of Grants received from the federal government or any agency thereof in that is defective in meeting the terms thereof;

4. List/Schedules of Loans received from the federal government or any agency thereof in that is defective in meeting the terms thereof;

IV

1. Any notes/disclosures/schedules to Northampton County’s financial statements/reports [by whatever name they might be called] that discloses any grant/obligations and any defaults and or defects of the same;

2. Any notes/disclosures/schedules to Northampton County’s financial statements/reports [by whatever name they might be called] that discloses any loan/obligations and any defaults and or defects of the same.

V

Any disclosure/notice/report [by whatever name they might be called] to any agency/department of the Commonwealth of Virginia or the United States [by whatever name they might be called] in which it was reported to that department/agency [by whatever name they might be called] any act[s] of:

1. Conspiracy to commit a felony as set out in Virginia Code § 18.2-22;

2. Forging public records as set out in Virginia Code § 18.2-168;

3. Dealing[s] in any matter[s] within the jurisdiction of any department or agency of the Commonwealth of Virginia, or any local government within the Commonwealth or any department or agency thereof, who knowingly falsifies, conceals, misleads, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry as tet out in Virginia Code § 18.2-498.3.;

4. Engaging in illegal money transmitting as set out in Virginia Code § 18.2-516;

5. Engaging in racketeering offenses as set out in Virginia Code § 18.2-514;

6. Falsely giving false reports to law-enforcement officials as set out in Virginia Code § 18.2-461.;

7. Obstructing justice as set out in Virginia Code § 18.2-460.

8. Concealing or Compounding offenses as set out in Virginia Code § 18.2-461

9. Making false entries as set out in Virginia Code § 18.2-472;

10. Destruction of records as set out in Virginia Code § 18.2-472;

11. Forging any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another's right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged as set out in Virginia Code § 18.2-172;

12. Obtaining money, etc., by false pretense as set out in Virginia Code § 18.2-178;

13. Written Procedures as set out in Virginia Code § 2.2-3126.B. ¶ of the three;

14. Written Opinions as set out in Virginia Code § 2.2-3126.B. ¶ of the fourth;

15. Judicial relief set out in Virginia Code § 2.2-3126.B. ¶ of the fifth;

16. Advisory opinions issued under Virginia Code § 2.2-3121.B.;

17. Advisory opinions issued under Virginia Code § 2.2-3121.C.;

18. Recisions of agreements/contracts made under Virginia Code § 2.2-3123;

19. Reports made to any law enforcement agency that touches and concerns Virginia Code § 2.2-3122;

20. Reports made to any law enforcement agency that touches and concerns Virginia Code § 2.2-3120;

21. Reports made under Virginia Code § 2.2-3118 to any law enforcement agency;

22. Forms completed under Virginia Code § 2.2-3117;

23. Forms completed under Virginia Code § 2.2-3115;

24. Library of Virginia form RM3 that relates to items 1-23 above

That Touches and Concerns any of the person[s] [Virginia Code §1-230; "Person" includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. ] named in Exhibit 3 attached.

Buckley explained to HCN he is filing the suit in Accomack via Virginia Code § 2.2-3713:  . . . The hearing on any petition made outside of the regular terms of the circuit court of a locality that is included in a judicial circuit with another locality or localities shall be given precedence on the docket of such court over all cases that are not otherwise given precedence by law.

Ms. Lewis has been unavailable to HCN for comment.

Posted by editor on Monday, March 09 @ 21:01:07 MST (1860 reads)
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SHOOTOUT Prevented at the Virginia Resource Commission's Office
FOIA

SHOOTOUT   PREVENTED !!!!!

The Cool Heads of UARF's Civil Rights Teams Prevents Shootout at Virginia's Marine Resources Commission's Office. 

Ya got to know when to hold them and when to fold them and UARF's Civil Rights Team folded and went on its way when a Virginia Marine Resources Commission Cop brandished his weapon last Friday.

 

The Two man team went to the Commission armed with a 62 page Freedom of information request and was turned away by a cop brandishing his weapon.  The team, by walking away, lived to fight another day,  which will be as per Virginia law within the next 10 days.  When in court they will hold and not fold and ask the Norfolk court to order the Commission to turn over the records requested in the FOIA or show why they should not be held in contempt of court.

HCN contacted UARF's Office of General Counsel in Virginia Beach, Chuck Smith for details of the proposed suit.  Mr. Chuck Smith was unavailable for comment.

By a Copy of  the preservation notice UARF's Doug Buckley sent to the Commission's Commissioner John Bull this morning we were able to find out what UARF is looking for in the Commission's records:

Exhibit 1, Individuals / Persons

A. Commissioner John R. Bull, in his capacity as VMRC Commissioner

B. Rob E. O’Reilly, in his capacity as VMRC Fisheries Manager and / or Management

C. Jim Wesson, in his capacity as VMRC Head, Conservation/Replenishment

D. Tony Watkinson, in his capacity as VMRC Habitat Permitting/Surveying

E. George H. Badger, in his capacity as Commonwealth Land Surveyor

F. Paul N. Rogers, in his capacity as VMRC Surveyor

G. Donald C. Porter Sr., in his capacity as an advisory member of the Baylor Survey Study

H. Harvey A. Drewer, II, in his capacity as an advisory member of the Seafood Council

Exhibit 2, Documents / Records

 

A. RM-3 and RM-25 Filings for the period of 1 Jan 2011 thru Present.

B. Conflict of Interest (COIA) Filings, Amendments, Corrections for individuals in Exhibit 1 for the period of 1 Jan 2011 thru Present.

C. Attorney General opinions in response to or about individuals in Exhibit 1 for the period of 1 Jan 2011 thru Present.

D. VMRC Requests for Attorney General opinions for individuals in Exhibit 1 related to VMRC commission meetings, meetings minutes, Commissioner decisions at, during or related to VMRV commission meetings with oyster planting ground lease applications / requests or oyster planting ground lease approvals on the agenda or in the meeting minutes for the period of 1 Jan 2011 thru Present.

E. Attorney General opinions given for individuals in Exhibit 1 related to VMRC commission meetings, meetings minutes, Commissioner decisions at, during or related to VMRV commission meetings with oyster planting ground lease applications / requests or oyster planting ground lease approvals on the agenda or in the meeting minutes for the period of 1 Jan 2011 thru Present.

F. VMRC requests for Attorney General opinions given for individuals in Exhibit 1 related to filing and processing of VMRC form MRC-200RR for

lease applications #12-087S, #13-104S and #13-027S.

G. Attorney General opinions given for individuals in Exhibit 1 related to filing and processing of VMRC form MRC-200RR for lease applications

#12-087S, #13-104S and #13-027S.

H. Oyster ground lease applications, form MRC 20-200RR, so similar,

#12-087S, #13-104S and #13-027S.

I. Oyster ground lease approvals for, #12-087S, #13-104S and #13-027S.

J. Attorney General opinions (and submitted questions / materials)

given on / about COIA filings for individuals in Exhibit 1 for the period

of 1 Jan 2011 thru Present.

K. VMRC bottom survey report(s) of oyster ground surveys taken near the State line (MD / VA) in Pocomoke Sound and / Robin Hood Bay, Accomack County on or about 11 November 2014.

L. VMRC bottom survey report(s) of oyster ground surveys taken in Pocomoke Sound near North End Point in Accomack County on or about

11 November 2014.

M. VMRC bottom survey report(s) of oyster ground surveys taken in Robin Hood Bay area of Pocomoke Sound, Accomack County on or about

11 November 2014.

N. Copy of the log of incoming and outgoing FAXs related to oyster ground leases or oyster ground lease applications / protests or approvals at the VMRC New Port News office for the period of 1 January 2012 thru 31 December 1012 and 1 July 2013 thru 1 Oct 2013 and for the period of 1 July 2014 thru 1 Oct 2014.

O. Documentation of Commonwealth of Virginia grant money, funds, goods or materials given by those or approved by those in Exhibit 1 to watermen for oyster harvesting / management / cultivation / conservation & replenishment and / or bottom ground status reporting in Virginia waters of the DelMarVa peninsula for areas between Cape Charles and Pocomoke Sound on the Bay side and Cape Charles and Chincoteague Sound on the ocean side for the period of 1 Jan 2011 thru Present.

P. Documentation of Commonwealth of Virginia grant money, funds, goods or materials given or lent to Donald C. Porter Sr. or Harvey A. Drewer, II (Exhibit 1) for oyster harvesting / management / cultivation / conservation & replenishment and / or bottom ground status reporting in Virginia waters of the DelMarVa peninsula for areas between Cape Charles and Pocomoke Sound on the Bay side and Cape Charles and Chincoteague Sound on the ocean side for the period of 1 Jan 2011 thru Present.

Q. Documentation of contracts or agreements between the Commonwealth of Virginia and / or VMRC and any Baylor Commission member(s) or consultants / advisors, salary or non-salary, paid or not paid, for the period of 1 Jan 2011 thru Present.

R. VMRC Policies and Procedures for the awarding of oyster planting ground lease applications.

S. VMRC Policies and Procedures for the processing of a protested oyster planting ground lease application.

T. VMRC Policies and Procedures for the recording of monthly VMRC meeting minutes.

U. VMRC Policies and Procedures for approving of monthly VMRC meeting minutes.

V. VMRC Policies and Procedures for the required posting of oyster planting ground lease application.

Why did the Commission's  John Bull not want UARF's  forensic evidence team to see these Documents?

We guess we will find out when we see them.

Posted by editor on Monday, December 15 @ 18:16:11 MST (2025 reads)
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Library of Virginia Backdating Documents
FOIA

B R E A K I N G   N E W S !!!!

Library of Virginia Backdates

Response To Freedom of Information Act Request

Is the Act a Felony Under Virginia Law?

The Virginia Beach Unalienable Rights Foundation's [UARF] Forensic Evidence Manager, Michal L. Bogacki of the UARF  Office of Civil Rights Case Managers recorded his delivery [personal service]  of a Freedom of Information Act {FOIA} request to the Librarian of Virginia.  The recording has a library official  saying in that recording  that the library had sent out a response to the same request to  Bogacki earlier  and if Bogacki  would wait she would get him a copy.   The same recording has another official some 20 minutes later, after Bogacki  asked that employee to check and see what the delay was in getting the copy he was promised saying to Bogacki that the response to the FOIA was being prepared as she spoke.  So which was it, it had been prepared and sent in the A.M. or it was being prepared as Bogacki  was waiting in the lobby?  As a point of information to the readers, an earlier copy of the request was emailed to the Library on Tuesday, December 9, 2014  in the early afternoon.  A follow up fax copy was sent to the Librarian late afternoon on the 11th of December, 2014. 

What the FOIA said:
. . .  in your September 11, 2014 letter to UARF that an index does not have to be formal, [Virginia Code §42.1-86.A.] please clarify [via library policies & procedures, other than what you have in the Library of Virginia Public Records Management Manual] the difference [if any] between a formal index and an informal index or no index at all and you seem to be suggesting the in the aforesaid letter passes muster under the aforesaid code section. What would an informal index look like, or what specifically would fit that criteria that 42.1-86 says needs to be there and when would be a good time to come to your office and see what you have [documents] that shows what the Library of Virginia has in place to comply the provisions as set out in Virginia Code §42.1-86.A. or should we just drop in unannounced as set out in the promulgations of Virginia Code §2.2-3704.A., which says we can do so?  

We at UARF really find it difficult to understand the implication by you that something as formal as the Virginia Code would require a procedure that is not formal. If there is no formality expected for indexing why would the Virginia Code go through the formality of putting such a requirement on indexing in the Code? We would really appreciate it when we come to see your records that you share with us any documents that explain this.  If you don’t have anything, just tell us now, and we can avoid going through this process of asking for documents that do not exist.

From what you have written us in the past it seems that the Library of Virginia has not met the burden given to it by the General Assembly in the Virginia Public Records Act.  It seems to UARF that you and the Library of Virginia have gone out of your way to defeat the provisions/requirements as set out in Virginia Code §42.1-86 and §42.1-87 [that allows public records, as defined in both FOIA and the PRA, to be made available to the public [for preserving, classifying, arranging, and indexing essential public records so that such records are made available to the public, Virginia Code §42.1-46.A.]. What we see is the appearance of the Library of Virginia working with governmental agencies in the Commonwealth to conceal public records from the public in direct contradiction to the provisions as set out in Virginia Code §42.1-86.A. and §2.2-3704.A. Your allowing us to examine the documents we have requested would go a long way to show our conclusions are in error.  That failing it would seem to support our interpretation of your last letter to us and as we have laid out herein.  As Virginia Code §2.2-3713 seems to suggest it is your burden to show we are in error by a preponderance of the evidence ~ ". . . the public body shall bear the burden of proof to establish an exemption by a preponderance of the evidence. . . . . "

Not having received any response from the Librarian after 48 hours from when the letter was first email to the Librarian, on a matter that has been ongoing for over 6 months, as to what would be a convenient time for her to share information with UARF Bogacki drove to Richmond to inspect the records during the regular business hours of the custodian of the records as set out in Va Code Sec. 2.2-3704.A.  . . . all public records shall be open to inspection and copying by any citizens of the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the Commonwealth . . . .   

And in spite of what the code says about looking at public records the Librarian denied Bogacki access to inspect the record.   The Librarian has placed herself above the law.

 Bogacki will not confirm if they are asking the chief judge of the Richmond circuit court bring charges for uttering against the Librarian of Virginia:

Virginia Code § 18.2-172; If any person forge any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another's right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony.  . . . Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment.

§ 19.2-71. Who may issue process of arrest. —  A. Process for the arrest of a person charged with a criminal offense may be issued by the judge, or clerk of any circuit court, any general district court, any juvenile and domestic relations district court . . .  for a felony offense upon the basis of a complaint by a person . . . .

Posted by editor on Saturday, December 13 @ 21:53:45 MST (1596 reads)
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UARF FOIA Request Draws a brandishing of a Weapon by Cop
FOIA

Breaking ! ! !

Virginia Marine Resource Commission

 

So Threatened by the Unalienable Rights  Foundation

Forensic Evidence Manager Armed with a 62 page Freedom of  of Information Act

Request to Examine Documents That Their Uniformed Police Officer

Brandished His Weapon.

 Friday Morning  12/11/2014 Michael Bogacki  attempted to present a FOIA request addressed to the Commission's Commissioner Bull 

[yes that is his name]  Bull responded by sending a sworn uniformed Commission Police Officer that brandished his weapon when Bogacki attempted to present the request to inspect commission documents.  The Commissioner turned away Bogacki without allowing him to examine the requested documents that Virginia Code 2.2-3700 says are open for inspection [ . . . . "all public records shall be available for inspection and copying upon request.]

We are waiting for the audio recording of the confrontation to be delivered by Bogacki to us so that we can post it and learn all of the details and allow you to hear for yourself what was so threatening that the officer had to brandish his weapon. 

Bogacki told Bull's go-fer, that came along with the cop that  her conduct clearly indicated to him that her boss, Bull clearly failed to train her in the manner in which FOIAs are handled, etc.

This is another demonstration that the state agency that licenses sworn police officers fails to properly train them.  They let clown run around threatning people with guns for no reason what so ever.  What would of happened is Bogacki was black,  would we be attending his funeral?

Posted by editor on Friday, December 12 @ 16:27:21 MST (1486 reads)
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UARF Sends a FOIA to Northampton's Mutual Idiot Society
FOIA

Welcome to Unalienable Rights Foundation!

The Unalienable Rights Foundation [UARF] files a Freedom of Information Act Request

With Northampton County Virginia's County Administrator

For a Copy of of a rezoning Application the county sent itself.

When it comes to those Damn Yankees from the Northern Home of Marxism, Massachusetts     their stupidity goes unmatched.,  Well that is not quite true when you think about it. The Northampton County bumpkins, 

 

Can you name the  Supervisors? 

the Northampton Board of Supervisors [BS],  that hired one of those Damn Yankees as the county administrator 

 

Is this the county Administrator waiting for the County Director of Economic Development?

and the people that elected and reelect  

Can Anyone name this County Supervisor?

 

   

the BS are certainly within the classification of being stupider that the administrator they hired.  

A letter from a UARF  Civil Rights case manager,  clearly  outlines the evidence for the mutual supidity society of NHC:  

                                                                                               

                                                                                                Exmore, Virginia 23350

                                                               May 30, 2014

County Administrator Katie Nunez

P0 Box 66

Eastville, Virginia 23347

 

Dear County Administrator Nunez;  

                                    Re: Freedom of Information Request

      I am writing personally and as an agent of the Unalienable Rights Foundation to request or inspect the document regarding the filing and adoption of the application by the Northampton County Board of Supervisors which set in motion the ongoing process of  the proposed rezoning of  the Northampton County Zoning Ordinance.

     Please provide us a copy of the application submitted by the Northampton County Board of Supervisors and the official adopted resolution that was passed directing that the application be filed and submitted to the Northampton County Planning Commission which instructed the Northampton County Planning Commission to begin their review of the “amendment” to the Northampton County Zoning Ordinance which is currently in effect.  Please provide us also with the costs, if any, that will be charged to us for providing a copy of that document to me.

     In the event that it is deemed too “burdensome” to provide a copy of that application, please inform us when we can come in to your office and review the file that contains this application, including the resolution which certified the filing of the application to the NC Planning Commission.

     Thank you in advance for your timely reply and prompt attention to this FOIA request.

                                                                                               Sincerely           

                                                                                                   Forensic Evidence Case Manager, UARF

 

 

 

cc: Bruce Jones, County Attorney

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Posted by editor on Friday, May 30 @ 15:29:57 MST (1844 reads)
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The Players of the Cyber Wars
FOIA

The Obama / Putin Cyber War

THE CYBER WAR BETWEEN RUSSIA AND THE UKRAINE

Fay Maricelli

Editor's Note:  This piece fails to note that the U.S. is a key player in this cyber war.  The dipshit in the White House  goes to the press room to make statements denouncing Putin and how does the ass [Obama] think the message will get to the people 'O' wants to rise up against Putin.  There is a very crude expression, that expresses Obama's stand in this matter, pissin into the wind.  Makes me glad I am not standing behind 'O'.  

While the situation in our physical world may be merely tense, Russian and Ukrainian cyberspace is engulfed in digital flames. Both sides are reporting massive cyber attacks on news websites and communications infrastructure. The Ukraine online security agency reports a dramatic rise in attacks on local websites and cellular networks. Official Russian sources didn’t comment on the matter, but many Ukrainian websites were either overcome with pro-Russian propaganda or completely shut down. Anti-Russian pages on social networks also went down.

On the other hand, Russian media also reports intense cyber activities aimed at shutting down media websites. Hackers associated with Anonymous took responsibility for these attacks. A phone conversation between the Estonian Foreign Minister and Catherine Ashton, the EU foreign affairs chief, was also intercepted immediately following the former’s visit to Ukraine.

According to reports by Ukraine’s cellular provider, the company’s communications centers in the Crimean Peninsula were physically taken over, resulting in extensive damage to the country’s communications infrastructure. Ukrainian authorities also reported attacks against cellular phones of parliament members, in addition to the country’s official website shutting down for 72 hours.

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Posted by editor on Monday, March 10 @ 05:14:20 MST (1720 reads)
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Norfolk Commonwealth Attorney Asked to Remove Deputy Attorney General and Old Do
FOIA

Norfolk Commonwealth Attorney 

Gregory Underwood

Asked to Remove 

Virginia Deputy Attorney General and 

Old Dominion University Police Chief

To see the text of the full email sent to Underwood mouse over and click the PNG copy of the email 

Virginia's Unalienable Rights Foundation [UARF] contacted late last night [03/06/2014], Norfolk's Commonwealth Attorney [NCA], Gregory Underwood, via email,  and asked that he ask the Norfolk Circuit Court to remove the Deputy Attorney General [DAG] Nance assigned to Old Dominion University [ODU] and the ODU Police Chief [OPC] Harris for failing to adhere to the duties Virginia Law Requires of them.

This request to the NCA deals with the DAG's response to UARF's request to the OPC to provide UARF with any Court decision,  Virginia Attorney General Opinion or Virginia Code Section that says the Police Department of Old Dominion University is not an “Agency” as set out in  Virginia  Code Section 42.1-77;

"Agency" means all boards, commissions, departments [ODU police department], divisions, institutions [ODU itself] , authorities, or parts thereof, of the Commonwealth or its political subdivisions . . . . Virginia Code § 42.1-77; 

"Public body" means any . . .   or agency of the Commonwealth or . . .  boards of visitors of public institutions of higher education; . . . supported wholly or principally by public funds.  . . . (ii) any committee, subcommittee, or other entity however designated, of the public body created to perform delegated functions of the public body or to advise the public body. It shall not exclude any such committee, subcommittee or entity because it has private sector or citizen members.  . . . . Virginia Code § 2.2-3701;

what was to send UARF was ODU's Board of Visitors [BOV] minutes from 1997 that shows the BOV established  ODU's police department  [PD].  The DAG's reply does not come close to providing the information requested.  What DAG sent was as useful as his last weeks grocery list and certainly not what the law requires of the OPC.

The Harris/Nance reply appears to  us to be not unlike their past replies to our requests for documents, they has not produced any that are relative to what we have asked for.

As a followup to the DAG's reply Harris was sent this notice :

Chief Harris: 

Mr. Nance’s reply [see below] to our FOIA request in which we asked that you provide us [UARF] with any Virginia Code Section,  Virginia Attorney General Opinion or Court decision that says the Police Department of Old Dominion University is not an “Agency” as set out in  Virginia  Code Section 42.1-77 does not come close to providing the information requested.  Mr. Harris’ reply appears to  us to be not unlike his past replies to our requests for documents, he has not produced any that are relative to what we have asked for.

At this point in time the University has not done what is required of it as the laws of the U.S. and this Commonwealth require of it.  As those requirements were provided to you in our past mail to you they will not be repeated here.

You and the University have until the end of business today to make arrangements acceptable to UARF to provide UARF with access to the 12 documents that are still due and owing under our FOIA request sent to the custodians of the requested documents before we seek the relief that both Federal and State laws provide as remedies for your denial of our rights as set out in the laws of both the U.S. and this Commonwealth.  

 Take due notice there of and govern yourself accordingly.

Her reply was that she would be going out of town and to talk with the DAG.

At this point in time the University has not done what is required of it as the laws of the U.S. and this Commonwealth require of it.

That is why Underwood the NCA was asked to remove both Harris and Nance.

A UARF spokesman told HCN that Virginia law is very clear on what the DUO [OPD/DAG] needs to do to comply with Virginia law:

Virginia Code § 2.2-3700.B. By enacting this chapter, the General Assembly ensures the people of the Commonwealth ready access to public records in the custody of a public body or its officers and employees . . . The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government. Unless a public body or its officers or employees specifically elect to exercise an exemption provided by this chapter or any other statute . . . all public records shall be available for inspection and copying upon request. All public records and meetings shall be presumed open, unless an exemption is properly invoked;

The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law. . . .

Virginia Code § 2.2-3704 Except as otherwise specifically provided by law, all public records shall be open to inspection and copying by any citizens of the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth . . . .

Virginia Code § 42.1-87 Custodians of archival public records shall keep them . . . in such arrangement as to be easily accessible. Current public records should be kept in the buildings in which they are ordinarily used.

Virginia Code §42.1-86.1 No agency shall destroy or discard a public record unless . . . (iii) there is no litigation, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) . . . . Virginia Code §42.1-86.1;

UARF says its authority for the request is found in:

Virginia Code § 8.01-636 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;

Virginia Code § 8.01-637
   § 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.

Virginia Code § 8.01-640 If the defendant fails to appear in accordance with the writ, the court may hear proof of the allegations of the petition, and if the allegations are sustained, shall give judgment accordingly. (Code 1950, § 8-862; 1977, c. 617.)

 

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Posted by editor on Friday, March 07 @ 08:24:02 MST (2206 reads)
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