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| board_of_supervisors:recall_petition:exhibit_a [2024/12/10 02:38] – created editor | board_of_supervisors:recall_petition:exhibit_a [2024/12/17 15:20] (current) – editor | ||
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| + | 1. **Code of Virginia 24.2-233** states “a circuit court may remove from office any elected officer...residing within the jurisdiction of the court...for neglect of a clear, ministerial duty of the office, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office.” | ||
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| + | 2. The current Highland County Board of Supervisors (“Board”) has three members: | ||
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| + | 3. At the request of Mr. Sponaugle, the Highland County Volunteer Rescue Squad (“HCVRS”) presented an EMS proposal (“EMS Proposal”) to the Board on April 2, 2024.\\ | ||
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| + | 4. On April 2, 2024, the Board voted to send the EMS Proposal to the EMS Comprehensive Committee (“EMS Committee”) for review. | ||
| + | 5. The EMS Committee did not meet between April 2, 2024 and April 11, 2024.\\ | ||
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| + | 6. Prior to April 11, 2024, Mr. Budzinski created a new, unreviewed, plan (“Unreviewed Plan”) with Melissa Dowd (“Ms. Dowd”) and Mr. Sponaugle. | ||
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| + | 7. Mr. Trible was not informed, consulted, or even notified about the formation of a new plan until an e-mail sent on April 10, 2024 at 7:11 pm.\\ | ||
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| + | 8. **Va. Code 2.2-3707(D)** requires that notice of a meeting “shall be posted at least three working days prior to the meeting” and that “[a]t least one copy of the proposed agenda and all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting shall be made available for public inspection at the same time such documents are furnished to members of the public body.” (Va. Code Ann. §24.2-233). | ||
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| + | 9. **Va Code 15.2-1427(F)** states “in counties, except as otherwise authorized by law, no ordinance shall be passed until after descriptive notice of an intention to propose the ordinance for passage has been published once a week for two successive weeks, with the first notice appearing no more than 14 days prior to the intended passage of the ordinance, in a newspaper having a general circulation in the county. | ||
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| + | 10. **Va Code 2.2-3707.2(2)** states that meetings “[m]ay provide the public with the opportunity to comment through the use of such electronic communication means at such meetings at the point when public comment is customarily received; | ||
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| + | 11. **Va. Code 2.2-3700** (FOIA) states as follows: | ||
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| + | A. This chapter may be cited as “The Virginia Freedom of Information Act.”\\ | ||
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| + | 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, and free entry to meetings of public bodies wherein the business of the people is being conducted. | ||
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| + | 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. | ||
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| + | All public bodies and their officers and employees shall make reasonable efforts to reach an agreement with a requester concerning the production of the records requested.\\ | ||
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| + | Any ordinance adopted by a local governing body that conflicts with the provisions of this chapter shall be void.\\ | ||
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| + | 12. The Unreviewed Plan was crafted by only two of the three members of the Board in an “atmosphere of secrecy” (Va. Code Ann. § 2.2-3700), was not previewed to the public timely, was voted on before adequate public comment took place, and was incorrectly noted on the agenda as “Old Business.”\\ | ||
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| + | 13. Despite the procedural deficiencies, | ||
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| + | 14. Mr. Budzinski and Mr. Sponaugle voted in favor of the Unreviewed Plan. Mr. Trible voted against the plan. Mr. Trible asked for a show of hands from those who opposed the Unreviewed Plan. Most individuals at the meeting demonstrated that they opposed the passing of the Unreviewed Plan.\\ | ||
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| + | 15. This Unreviewed Plan stopped the HCVRS from operating in the county and removed their liability protection.\\ | ||
| + | 16. Prior to the April 11, 2024 Board meeting the EMS capabilities were:\\ | ||
| + | -) 2 Quick Response Vehicles (Doe Hill and Blue Grass) | ||
| + | -) 1 Volunteer Squad in Bolar | ||
| + | -) 3 Volunteer Squads in Monterey | ||
| + | -) 1 Paid Squad in Monterey | ||
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| + | 17. Following the April 11, 2024 Board meeting, The EMS county capabilities are reduced to:\\ | ||
| + | -) 1 Volunteer Squad in Bolar (with no advanced life support capability) | ||
| + | -) 1 Paid Squad in Monterey | ||
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| + | 18. Additionally, | ||
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| + | 19. Mr. Budzinski and Mr. Sponaugle should be removed from office because their actions violated Article 1 Section 2 of the Virginia Constitution. | ||
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| + | 20. Code of Virginia 24.2-233 states that the court can remove any elected official “For neglect of a clear ministerial duty of the office, misuse of office, or incompetence in the performance of the duties of the office when that neglect of duty, misuse of office, or incompetence of duties has a material adverse effect upon the conduct of the office.”\\ | ||
| + | A. At the April 11, 2024 BOS meeting Mr. Budzinski and Mr. Sponsaugle each stated that the reason they drafted the “new Unreviewed EMS plan” was because Mrs. Debbie Trible had reported a stolen ambulance to the sheriff' | ||
| + | B. It was stated clearly in the following discussion by Mr. Trible and audience members that was not what took place.\\ | ||
| + | C. In the April 18, 2024 Recorder article, reference was made to a signed letter from the Highland County Sheriff' | ||
| + | D. This accusation was repeated by Mr. Sponaugle in several subsequent BOS meetings that Mrs. Trible did report it stolen and that was his justification for the “new Unreviewed EMS plan” even though he had been made aware of his mistake.\\ | ||
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| + | 21. Code of Virginia 24.2-233 states that “...incompetence in the performance of the duties of the office” is a reason for removal of elected officials. | ||
| + | A. Mr. Budzinski and Mr. Sponaugle demonstrated incompetence managing taxpayer money with the purchase and continued repairs on the used ambulance #701. | ||
| + | - Used ambulance purchased for $15,000.00 May 2021 by previous Board of Supervisors which included Mr. Sponaugle. | ||
| + | - Over $35,000.00 has been spent on maintenance and repairs. | ||
| + | - #701 ambulance has been out of commission often and is right now at the mechanics.\\ | ||
| + | B. A new ambulance was ordered by the previous board in late 2023 at the purchase price of $119, | ||
| + | - After November 2023 election, Supervisor elect, Mr. Paul Trible, inquired with the manufacturer about the purchase. | ||
| + | - The supervisors drafted a letter to Mr. Trible criticizing his actions and threatening him with censure. | ||
| + | - The new ambulance arrived March 2024 and is unusable. | ||
| + | - At the Board of Supervisors meeting May 20, 2024, Mr. Trible stated that the ambulance can't be used because of several issues. | ||
| + | - At that same meeting both Mr. Budzinski and Mr. Sponaugle admitted publicly that they agree and they don't know what they will do with it. | ||
| + | - The ambulance sits in the county building and hasn't been used once. | ||
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| + | 22. Mr. Budzinski and Mr. Sponaugle have demonstrated their incompetence to manage county business.\\ | ||
| + | A. At the May 7, 2024 BOS meeting Mr. Budzinski read a statement reporting the suspension of a county employee. | ||
| + | B. Before the suspension became public Mr. Budzinski instructed the interim county administrator, | ||
| + | C. May 10, 2024 Mr. Nick Fialo resigned as paid EMS Chief. | ||
| + | D. At the June 4, 2024 meeting Mr. Budzinski called for the Board to go into closed session to discuss hiring a new chief.\\ | ||
| + | E. Ronald Wimer, and Letitia Amirault each stated that they were on the interview committee and neither had submitted a report and questioned how the board could hire someone.\\ | ||
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| + | 23. Mr. Budzinski and Mr. Sponaugle have demonstrated their incompetence by voting in favor of an action or policy and then reversing that decision at subsequent meetings.\\ | ||
| + | A. April 11, 2024 Mr. Budzinski and Mr. Sponaugle voted to adopt the new “unreviewed” EMS plan which stopped HCVRS from operating in the county. | ||
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| + | B. DERA (Administrative Code 12VAC5-31.610. | ||
| + | C. The 2024 proposed tax levy was published in The Recorder for $0.45 on $100.00 of assessed value. | ||
| + | D. All three supervisors Voted unanimously to seek estimates to repair EMS 1 and ambulance #701. At the next meeting August 6, 2024 it was discussed that repairs of an unspecified amount had been done on ambulance #701. Mr. Trible reminded them that only “obtaining estimates” was voted on at the last meeting and they should honor how they voted at the last meeting. | ||
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| + | 24. Mr. Budzinski and Mr. Sponaugle have demonstrated their incompetence when overreaching their duties as Supervisors and trying to manage Highland County Public School' | ||
| + | A. At the June 4, 2024 BOS meeting it was placed on the agenda and asked of the School Board Chairman, Mr. Kenny Hodges, why teachers didn't have contracts yet.\\ | ||
| + | B. At the July and August meeting the customary end of the school year request to transfer the school' | ||
| + | C. July 25, 2024 Mr. Budzinski instructed Interim County Administrator, | ||
| + | D. The Superintendent consulted the school attorney and a letter was sent to Mr. Budzinski. | ||
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| + | 25. Mr. Budzinski and Mr. Sponaugle have demonstrated on several occasions that they do not possess the self-control to conduct orderly and effective public meetings. | ||
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| + | 26. At the July 2, 2024 BOS meeting both Mr. Budzinski and Mr. Sponaugle voiced their feelings about the recall petitions. | ||
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| + | 27. The most important fact in this entire recall statement is that Mr. Budzinski and Mr. Sponaugle through their misuse of office and incompetence put the lives of Highland County residents at great risk by their action on April 11, 2024. They reduced the EMS Rescue capabilities drastically and didn't provide adequately for the safety of Highland County residents.\\ | ||
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