- Last Updated on Thursday, 05 November 2009 16:10
- Published on Thursday, 05 November 2009 16:10
- Hits: 905
After a closed meeting of the Colonial Beach School Board on Tuesday, Nov. 3, at 5 p.m., School Board Chairman Tim Trivett read a letter from Virginia Attorney General William C. Mims addressed to Colonial Beach School Board Attorney D. Patrick Lacy Jr., regarding the domicile of School Board member Anne Congdon.
In the letter, Mims reminds Lacy that Virginia Statute §8.01-636 provides the attorney general with discretion as to whether a writ of quo warranto is required.
A writ of quo warranto simply put is a common law writ designed to test whether a person exercising power is legally entitled to do so.
“In this instance I do not feel that it is necessary,” Mims said
Mims states that “change of domicile” requires both the physical act of relocation to a different geographical location and the intention to remain in that different location.
Mims referenced The Supreme Court in Dotson’s test to determine whether the residence of a public officer has changed sufficiently, which states, “If a person leave his original residence with the intention of not returning, and adopt another, for a time however brief, with the intent to remain there, his first residence is lost. But if he left his original residence with the intention of returning, such original residence continues in law, notwithstanding the temporary absence of himself and family.”
Mims concluded: “It is my understanding that Ms. Congdon clearly intends to return to Colonial Beach once her home has been rebuilt, therefore the position on the Colonial Beach School Board is not vacant.”
— Linda Farneth
- Last Updated on Wednesday, 07 October 2009 18:29
- Published on Wednesday, 07 October 2009 18:29
- Hits: 807
After a failed attempt by the Colonial Beach School Board to declare Anne Congdon’s position vacant, board Chairman Tim Trivett moved to file a Writ of Quo Warranto — a writ designed to test whether a person exercising power is legally entitled to do so.
Trivett outlined, for the record, the events leading up to this motion. Explaining that Congdon informed the board “some time ago” that she and her family may be moving to Northumberland County.
- Last Updated on Friday, 25 September 2009 17:03
- Published on Friday, 25 September 2009 17:03
- Hits: 799
Colonial Beach School board member Anne Congdon will hold her elected position at least a little longer, despite the premature effort of School Board members Tim Trivett, Mike Looney and Wayne Kennedy to oust her during a meeting on September 9.
Congdon had done her homework and appeared in the Westmoreland Circuit Court on Thursday, September 24 with no attorney.
CB School Board Chairman Tim Trivett was also present at the opposite table that faced Judge Joseph J. Ellis, but Trivett let Reed-Smith law office associate Stacy Haney do all the talking to the judge.
- Last Updated on Tuesday, 22 September 2009 14:12
- Published on Tuesday, 22 September 2009 14:12
- Hits: 784
APPLICATION FOR A WRIT OF PROHIBITION
WHEREAS, I, Bronwyn “Anne” Congdon the applicant for this position am:
a resident of the Town of Colonial Beach and
an elected official of the Colonial Beach School Board
duly elected in May of 2008
WHEREAS on Wednesday, September 9, 2009 during the Executive Session portion of the regular meeting of the Colonial Beach School Board, Mr. Tim Trivett, the Chair of the aforementioned School Board, initiated an action designed to remove me from the Board and create a vacancy and began a campaign seeking candidates to fill the position.
WHEREAS the School Board has set September 30, 2009 as its date for interviewing those candidates and possibly selecting one to fill the alleged vacancy.
WHEREAS the Colonial Beach School Board as a body lacks the authority to remove me from my seat.
PRAYER FOR THE WRIT
THEREFORE I humbly request this honorable court to make an order, a copy of which shall be served on the defendant, suspending the aforementioned proceedings of the Colonial Beach School Board until the final decision of this cause and allowing me to resume my rightful place as an elected member of the Colonial Beach School Board.
I pray that the Court hears this petition as soon as possible in accordance with the Code of Virginia 2.2-3713-3(c).
I do solemnly swear that the facts contained within this document are true.
Bronwyn “Anne” Congdon Witness
DATE: September 18, 2009
Filed by Anne Congdon
Congdon will be in circuit court in Montross on Thursday at 11 a.m.
Click Here to read Anne Congdon's letter to the Editor regarding the school board's action.
- Last Updated on Sunday, 20 January 2013 13:16
- Published on Thursday, 10 September 2009 16:55
- Hits: 731
At the September 9th Regular School Board Meeting in Colonial Beach, Anne Congdon made and unexplained early departure during the Board’s closed session.
After the remaining members Tim Trivett, Mike Looney and newly sworn in Wayne Kennedy returned, the Board announced that Anne Congdon’s position as School Board Member was vacant, effective immediately and voted accordingly.