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Last updateMon, 27 Nov 2017 12am

   201411metrocastweb

Attorney general: Congdon retains School Board seat

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

Congdon supports board decision to seek judge’s ruling on residency

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.

Read more: Congdon supports board decision to seek judge’s ruling on residency

Not so fast! says judge to CB School Board

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.

Read more: Not so fast! says judge to CB School Board

Anne Congdon files writ challenging action to remove her from Colonial Beach school board

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.


EXPEDITED HEARING
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.

 

Congdon departs early from School Board Meeting; Board vacates her seat

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.

Read more: Congdon departs early from School Board Meeting; Board vacates her seat

Colonial Beach School Board spends $25,000 on leave pay

On Thursday July 2, when most people where starting their Fourth of July weekend, School Board members Anne Congdon, Mike Looney, Patrice Lyburn and Chairman Tim Trivett were in what was described as a very long meeting, the majority of which was held as executive session.
  Announcements from the five-hour long meeting included more than $25,000 spent on sick, annual and personal leave pay for two former members of the school system. Kathy Greenlaw, formerly the title I reading specialist at the Elementary School, retired with $2,670 sick leave, and Barbara Worrell, former School Board finance director was granted $24,224.96 in sick, annual and personal leave.
  In the absence of a superintendent, Janet Brown, part-time interim finance director, was given authority to act as superintendent until one is found.
  By resolution, Janet Brown has also been given authority to sign checks in the absence of a school board member, and Kathleen Beane will be assistant financial director.

Read more: Colonial Beach School Board spends $25,000 on leave pay

 

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