What Happened to the Forfeiture Funds?

BACKGROUND: The Code of Virginia, § 19.2-386.22, states that "…all money and property used in substantial connection with the … illegal narcotics can be seized by a law enforcement agency."  The Forfeited Asset Sharing Program is governed by § 19.23-386.1-14 and the instructions for the receipt, management, and expenditure of Forfeited Asset Funds (FAF) are contained in the "Forfeited Asset Sharing Program Manual" published by the Department of Criminal Justice Services ( www.dcjs.virginia.gov ).  The funds described above are restricted in use and may only be used to enhance law enforcement activities and services.  Those funds MAY NOT be used to fund normal operating expenses of Law Enforcement Departments.

  

During the period of 2004 through July 2013 the Essex County Sherriff's Department had received approximately $90,000 in forfeited funds.  Over the past several years the Sheriff and his staff had made numerous requests for a reconciliation of the fund balance but had NOT BEEN GIVEN THE INFORMATION. THEY REQUESTED.

THE STORY: ESO first asked the Acting County Administrator, Bill Pennell, to include the Forfeiture Fund Account (FAF) including balance, receipts, and expenditures as a topic for the external auditor to examine.  The Auditor's Report did not include any specific details pertaining to the FAF.

ESO next inquired about the status inquired about the status of the Forfeited Asset funds on March 13, 2013 with a FOIA Request to the County Administrator, Reese Peck.  As this was in the midst of the Annual Budget development cycle, an extension for a reply was granted.  The initial balance report was in the low 5 figures.  The County Administrator directed a preliminary inquiry be made and when the significant issues were recognized, he further directed that a comprehensive review be conducted and requested additional time for a final FOIA reply.

In late June the review was completed and discussions with the Sheriff were initiated to reconcile and review the findings.  This was completed and in August a letter of agreement was signed stipulating the correct current balance available in the account was in the upper 5 figures or approximately $90,000.  The County Administrator also took corrective measures to ensure that the FAF were recorded as a separate RESTRICTED ACCOUNT in the County Financial Records and that all obligations of those funds required the Sheriff's approval and were to comply with the uses authorized in the Code of Virginia and the Program Manual.

The outcome of this one small excursion though the Essex County Financial management procedures (sic) (extremely weak, poorly followed, and not supporting public safety) identified roughly $60,000 that is now available to support enhanced law enforcement, professional training, and increased public safety.  It also led to the publication of new Financial Management Procedures that provide significantly stronger internal controls and better management data.  The FAF were removed from the general fund category and are now fully open and transparent to Essex County Government and to our citizen.  The Sheriff's long and persistent efforts to account for law enforcement funding was successful.

Finally, it was proven, once again, how letting a little sunshine into government will result in greater openness and transparency.   In this case it also corrected bad decisions, errors, and a failure to comply with the Code of Virginia.

John R. Clickener, Publisher

End note:  The development of this article was mentioned in the 12 August 2013 Blog "The Former Deputy County Administrator."  It is ESO's understanding that the DCA was also the County Financial Officer.

 

Is Election Fraud Really a Problem?

 A sign near Mechanicsville states "VOTER FRAUD IS REAL   VOTER SUPPRESSION IS BALONEY."  This is an interesting claim and many states, including Virginia, have been enacting legislation which is supposed to prevent fraud.  Is Election Fraud really a problem?

ESO filed a FOIA request with the Virginia State Board of Elections to gain a perspective on the magnitude of the alleged issue.  Their response, summarized, was that:

1.     Between 10/26/2008 and 11/10/2011 their Internet based complaint system recorded 73 Voter-Fraud incidents.

2.     They had investigated actions by Acorn in 2005.

3.     They do not collect statistics on voter fraud complaints.  Voter-Fraud complaints are immediately reported to appropriate law enforcement authorities…

We are puzzled and question why the state agency which conducts our elections doesn't maintain records on allegations, complaints, and actual incidents of voter fraud.  They maintain extensive files on every voter demographic in every election.  Perhaps the lack of a reliable database is the reason why there's an absence of specific facts (numbers) to support legislation which makes it more difficult to vote or which prevents voter fraud. 

Because ESO focuses on Essex County we decided to let other open government and transparency advocates pursue the reasons why there are no hard numbers to support either point of view.  We chose to use a very simple test of voting history in the Middle Peninsula and the Northern Neck.

We contacted the General Registrars in each of the 10 counties and asked (no FOIA requests were made) each to provide a summary of any annual data they had for the period 2008 through 2012 of both Registration Fraud Incidents and Voting/Ballot Fraud Incidents within their counties.  Three Counties, Gloucester, Mathews, and Middlesex, did not reply to our requests for information.  The other seven counties provided the data which is shown in the table below: 

We leave the interpretation you, our readers.  It appears that in our region, the General Registrars, the county boards of election, and the district voting officials have been doing an outstanding job by preventing both Registration Fraud and Ballot Fraud.

In our opinion the recent efforts, both in Virginia and nationally, to make it more difficult for citizens to vote is misdirected.  Unfortunately, the TYPICAL low voter turnout will be exacerbated by many of the new misguided laws which were enacted without any proof of significant instances of voter fraud.  Denying our eligible citizens, particularly the elderly and the rural, the right to vote through complex laws and difficult processes is a greater attack on our freedom than the potential harm a few unproven fraudulent votes.  WHERE ARE THE NUMBERS?  WHO HAS BEEN PROPERLY CHARGED AND PROSECUTED?

We would welcome comments from the State Board of Elections and our local Boards of Elections and General Registrars.

John Clickener, Publisher

The Former Deputy County Administrator

 

            ESO has been quietly working on a number of projects over the past four months.  More importantly, our Essex County Government, our School System, and our Airport Authority have been very busy opening some of the shutters, cleaning windows, and starting to open the blinds. 

 

The sudden retirement of the Deputy County Administrator and the subsequent announcement of an investigation by the State Police may have been connected to articles and enquiries by ESO.  The ESO Publisher addressed a freedom of speech and civil discourse issue which was directed at the former Deputy County Administrator.  The subsequent public discussion appeared in the local newspapers.  All of these activities are connected to previous articles which appeared in this blog.  Therefore, our readers and the citizens of Essex County deserve a brief explanation in the spirit of openness which we strive to provide.

 

            First, the ESO team has been collecting information and working with local agencies in resolving issues.  Articles which will soon be published include:  The Forfeiture Fund Problems and Its Resolution, Concealed Carry Permits, Voter Fraud, Animal Control Issues, LaGrange Industrial Park Status, Fire Safety, and updates on previous reports.

 

            Second, local government bodies have made significant progress in providing easy access to essential information.  Transparency has improved and a number of essential longer term projects have been approved.  Future articles will provide the details.

 

            Finally, ESO does not know what specifically prompted the retirement, what are the specific actions or acts being investigated or who initiated the request which led the State Police to conduct an ongoing investigation.  We believe that some of the issues raised in ESO articles identified areas which warranted a full investigation. The temporary employment of a very experienced Acting County Administrator led to the identification of several concerns and resulted in several new procedures being established. The recent selection and employment of a new County Administrator created additional occasions for existing practices to be examined and the apparent absence of administrative and financial controls to be questioned.

 

            What we do believe with absolute certainty is that there is a distinct difference between disagreeing with a government official and a deliberate personal attack on that individual.  An allegation of possible misconduct or criminal acts is best addressed by law enforcement professionals and the judicial process. It is not a matter to be resolved by an abusive personal attack on an individual. 

 

            Any private person has the right to loudly and repeatedly object to bad public policies, to complain about failures to provide information, to make accusations of waste, fraud, and abuse of office, and to speak, write, or post signs about any number of perceived issues.  A deliberate public attack of a personal nature is, in my opinion, an attack on society and civil discourse.  Unless the person(s) who placed the sign are government officials it isn't a Constitutional issue (Preamble to the Bill of Rights, I Amendment, IV Amendment, and IX Amendment).  It was just an instance of poor taste, bad manners, and mean-spirited behavior.

 

John R. Clickener - Publisher

NEW EMPLOYMENT CONTRACTS

 

Employment Contracts are required to be available to the public by Virginia Law.  One of the areas evaluated by Sunshine Review in the ratings for both County Government and School Board websites is both the availability and the accessibility of the contracts. 

 

On 20 August 2012 ESO posted the original employment contract and the contract extension for previous Superintendent Melvin, previous County Administrator Whitlow, and Acting County Administrator Pennell.  

 

The School Board has introduced a much improved web site but it is still underdevelopment.  The County has recently begun incrementally introducing a new web site which promises to contain expanded content (and accessibility) and improved user friendliness.  As an interim measure, ESO is posting the current employment contracts for our Acting Superintendent, the incoming Superintendent, and the new County Administrator.  Please follow the links below to view the contracts:

 

            Acting Superintendent Pope's Contract: 

            http://www.essexsunshine.org/pdflib/dr-pope-contract.pdf 

 

            Incoming Superintendent Burckbuchler's Contract:                                                        

                http://www.essexsunshine.org/pdflib/dr-burckbuchler-contract-2013-2016.pdf

 

            County Administrator Peck's Contract:  

            http://www.essexsunshine.org/pdflib/county-administrator-peck-contract.pdf

 

ESO hopes that as the information systems teams continue work on the 2 Essex County web sites that the Contracts will be added to the easily accessed content site content.

 

 

We also hope that Essex County will have much improved web site ratings in the next report by Sunshine Review, the National Open Government Rating Organization.

 

John R. Clickener

Sunshine Week in Essex County

   The Week of 10 thru 16 March is annually recognized as Sunshine Week within Virginia.  The Virginia Freedom of Information Act (FOIA) and the Virginia Open Meetings Act opens the shutters, raises the shades, pull back the drapes, and allows the public actively participate in the process of local governance.  Each eligible citizen can run for elected office, attend and speak at government meetings, gain access to records and documents, communicate with the elected officials, and most importantly – VOTE.

 

   During the past 12 months Essex Sunshine has encouraged the Board of Supervisors and the School Board to routinely provide greater access to information, more effective and timely notice of regular, special, and budget meetings, and better communications by making major improvements to their web sites.  We've also encouraged improving budgeting, becoming compliant with the provisions of the Code of Virginia, and publishing the assumptions and requirements that determine the sources and uses of funds.  We've pointed out that the County Ordinances are not readily accessible to the public and that they haven't been organized into the standard Municipal Code structure.  We've published employment contracts, position descriptions, wage tables, various studies, and discussed policy concerns.

 

   We've very seldom had to resort to submitting a formal FOIA Request.  Local Officials, particularly Acting Superintendent Dr. Gail Pope, the School Board, the former Acting County Administrator Bill Pennell, and the Airport Authority are genuinely interested in becoming more transparent and open.  Our new County Administrator Reese Peck and the Board of Supervisors have begun a major effort to provide greater openness by designing a new web site and using electronic media to provide public access to information, documents, and records.

 

   None of the sunshine illuminating our local government will be of much benefit unless the citizens of Essex County accept their responsibilities along with their rights.  Active Citizenship requires us to be informed and knowledgeable about policy and budget issues.  It requires participation in the process of solving problems and making decisions.  It can include taking direct responsibility by running for office or accepting an appointed position on boards or other government bodies.  Most importantly it requires registering and voting.  Citizens who don't vote allow others to determine who will govern and who will make those decisions.

 

   Please observe Sunshine Week 2013 by marking Tuesday, November 5th on your Calendar as the day to celebrate freedom by voting in the State and Local Elections.  Locally, two Supervisor positions and three School Board positions will be on the ballot.  Be informed, be a voter in November.  

John R. Clickener, Publisher 

Airport Authority – Accomplishments and “TO DO LIST”

   For both the review of accomplishments and the "TO DO LIST" the Airport Authority serves as a specialized functional governing body in behalf of Essex County and the Town of Tappahannock.

 

   Only major items affecting open government and transparency are included in the lists below.

 

ACCOMPLISHED DURING 2012

  

1.  Continued to transparently serve the public, expand operating capabilities, and maintain the facility despite issues of funding responsibilities.  The members of the authority openly discuss issues, invite public comments during many discussions, and demonstrate a strong commitment to public service.

 

2.   Published Draft Minutes following Authority Meetings.  This is a very unusual and highly meritorious decision.  Draft minutes are not final and are subject to corrections and revisions; however their publication gives immediate access to the content of a meeting and the decisions which were made.  Still pending in the implementation of a searchable archive of approved minutes and meeting agendas.

 

3.  Provided Monthly Financial Reports to the Authority Members and to the Public.

 

4.  Conducted open discussions of facility improvements and expansion of services that would increase utilization and move toward financial self sufficiency.

 

TO DO LIST FOR 2013

 

1.  Expand detail and depth of the Airport Authority information, contacts, contracts, etc. posted on the Airport Web Site.  ESO believes that present web site provides excellent facility information and serves to market to the aviation community.  It is the logical place for the Airport Authority information to appear rater than on the County or Town web sites.  Each of the local government sites should contain links to the Airport web site and to the Airport Authority pages within the Airport site.

 

2.   Conduct Regular Surveys of Fuel Prices and Fees for Various Services at Surrounding Airports.  Regular surveys are an essential tool to determine if we are competitive and to identifying opportunities for increased revenues.

 

3.   Continue to Seek New Methods and Improve Existing Communications and the Web Site to Keep the Public Informed.  Unlike Sunshine Review which evaluates the Board of Supervisors and the School Board, ESO is not aware of a similar independent nonpartisan state or national organization that reviews the governing practices or the transparency of Airport Authorities.  We suggest that the Airport Authority consider the recommended best practices for the two types of boards as the model for their continued expansion of open government and transparency practices.

 

The foregoing "To Do List" was prepared solely by ESO and is does not represent all of the issues that the Aviation Authority and local governments must address.  We recognize that there funding discussions are taking place and a resolution of responsibilities may be forthcoming.  We ask the Airport Authority to continue to encourage individual creativity and initiative by its staff and by the aviators who are home based at the Airport.  We believe that those who provide the services and utilize the Airport are the best sources for innovations, improved procedures, and ideas to increase efficiency.

 

John R. Clickener

 

School Board – Accomplishments and “TO DO LIST”

   For both the review of accomplishments and the "TO DO LIST" the School Board and the Essex County Public Schools are considered to be, respectively, the Legislative/Policy/Finance part and the Executive/Admin-istrative part of county education program. 

   Only major items affecting open government and transparency are included in the lists below.

ACCOMPLISHED DURING 2012

  

1.  Employed Dr. Pope as acting Superintendent.  She is eminently qualified, is committed to and open and pragmatic Budget Development Process, and seeks an open dialogue with the various constituent groups.

2.   Developed and Deployed an excellent new Education Web Site.  There are still some information gaps to be filled but the greatly improved navigation, enhanced communication capability with the School Board Members, and accesses to more information are noteworthy.

3.  Provided regular comprehensive updates on the renovation/construction at Essex HS.  This major project was carefully coordinated to permit construction to proceed without any significant impact on instruction, activities, or athletic programs.  As of 1 January the project was in on schedule and within budget.

4.   Developed and posted the FY 2012 Budget Development Planning Calendar.  This is a major step in transparency for it permits public engagement in the development of a needs based budget.

TO DO LIST FOR 2013

1.  Have a review of the Essex Public Schools Web Site by Sunshine Review.  ESO believes that the Essex County improved site will be graded much higher than the D of early 2012.  We also believe that we will rank higher within peer systems in the surrounding counties.  Our ongoing analysis and comparative review identified that several sites of other School Systems have failed to update date maintain current information for public access. 

2.   Improve the Budget Process and Access to the Approved Budget.  A recent survey by the Virginia Coalition for Open Governments of county and town budgets identified 26 localities which received an "F" grade.  Essex and Middlesex Counties are the only nearby localities that did not provide adequate online access to their budget (and did not include sufficient information to understand the sources and specific uses of funds).  Please Note that the Grade was based on the County Budget; however, the Essex Public School Budget had no more clarity than the County Budget.

   There is essentially no cost to publish comprehensive online budget data which includes assumptions, rationale, and explanations of changes from the prior year.  Essex County School Board should ensure that the entire budget development process is open to the public and not just provided at a single public hearing before submitting the budget to the Board of Supervisors.

3.   Examine and make public the Purposes and Effectiveness of School Athletic Programs, Creative Arts, and the various Activities with the Essex System.  The conduct of some student athletes has been called into question.  Our High School Band, after an excellent Memorial Day public concert in 2012 seems to have disappeared.  ESO believes that athletics, fine arts, and other activities are essential elements of effective education programs and the development of capable and confident graduates.  Public Transparency (i.e. report the problems and solutions, celebrate and praise the successes) is essential to develop financial support, volunteers, and attendance at events.    

5.   Conduct a Wage and Benefits Survey of the Surrounding Counties.  A current survey is an essential tool in determining the fairness of local government employee compensation. 

6.   Publish Annual Turnover Statistics for positions within the System.  ESO published several years of data in 2012.  We believe that high turnover rates may be symptoms of poor leadership, inadequate compensation, poor discipline/working conditions, or weak selection and employment practices.  The Board of Supervisors should publish comparative date for Essex County Schools with and analysis of the turnover rate.  Comparison with the turnover rates with the School Systems of nearby counties would also be helpful to the public.

The foregoing "To Do List" was prepared solely by ESO and is does not represent all of the issues that the School Board and local government must address.  We recognize that there are a number of initiatives being developed within Essex County Public Schools.  We ask the School Board and the Superintendent to continue to encourage individual creativity and initiative.  We believe that our school system employees, our citizens who provide the essential education and support services, are the best sources for innovations, improved procedures, and greater efficiency.

John R. Clickener

Board of Supervisors – Accomplishments and “TO DO LIST”

   For both the review of accomplishments and the "TO DO LIST" the Board of Supervisors and the Essex County Government are considered to be the Legislative/Policy/Finance part and the Executive/Administrative part of county government.  Some elements of county government are established by the Commonwealth and operate in direct support of Essex County.

   Only major items affecting open government and transparency are included in the lists below.

ACCOMPLISHED DURING 2012

  

1.  Employed Bill Pennell as acting Essex County Administrator.  Mr. Pennell is a dedicated practitioner of open government and transparency.  He maintained an open door policy and was very quick in responding to requests for information that should be in the public domain.

2.   Actively and openly sought public opinion in the process of recruiting and selecting a new County Administrator.

3.  Completed, approved, and is publishing a new County Personnel Manual.  This essential document was long overdue.  It clarified authority, updated position descriptions, and ensured that personnel policy were brought into conformity with current federal and commonwealth laws.

4.  Work was started on the creation of a comprehensive Essex County Government Internet Site.  The original site (graded a D-) has received some updates but remains a work in process.  Several Departments within Essex County Government have independently established web sites to provide better service to our citizens.

TO DO LIST FOR 2013

1.  Review and format the Essex County Ordinances to comply with the standard Municipal Code format and place the Essex County Ordinances on the web site as a searchable database.  The only complete copy of the Code that I am aware of is a 5" by 7" binder in the County Administrator's Office.  Shouldn't our citizens have ready access to the county laws?  The Town of Tappahannock Laws are readily available (and searchable) on the town web site.

2.   Improve the Budget Process and Access to the Approved Budget.  A recent survey by the Virginia Coalition for Open Governments of county and town budgets identified 26 localities which received an "F" grade.  Essex and Middlesex Counties are the only nearby localities that did not provide adequate online access to their budget (and include sufficient information to understand the sources and specific uses of funds).  There is essentially no cost to publish comprehensive online budget data which includes assumptions, rationale, and explanations of changes from the prior year.  Essex County Government should ensure that the entire budget development process is open to the public and not provide a single public hearing before submitting the budget to the Board of Supervisors.

3.   Design and Establish a Comprehensive User Friendly Essex County Government Web Site.  See Accomplishment #4 above.  Much of the information published by ESO over the past 6+ months can be incorporated in the new web site (position descriptions, wage data, contracts, etc.) at no cost.

4.   Implement Evening Hours for All Regular Board of Supervisors Meetings. Many citizens are unable to attend daytime meetings.  Scheduling all regular meetings would allow citizens to attend and participate in the local government process.

5.   Conduct a Wage and Benefits Survey of the Surrounding Counties.  A current survey is an essential tool in determining the fairness of local government employee compensation.  Special attention should be given to the fairness and adequacy of law enforcement personnel and other first responders.

6.   Ensure that All Subdivisions are Afforded Equal Protection by County Ordinances.  The Board of Supervisors should ensure that persons living in subdivisions are made aware of the proper process to seek a public hearing.

The foregoing "To Do List" was prepared solely by ESO and is does not represent all of the issues that the Board and local government must address.  We recognize that there are a number of initiatives being developed by the various Departments within our County Government.  We ask our Board of Supervisors to continue to encourage individual creativity and initiative.  We believe that our county employees, the citizens who provide the essential government services, are the best sources for innovations, improved procedures, and greater efficiency.

John R. Clickener

2012 Year in Review

   

   ESO first appeared on June 4, 2012 with a blog titled "Let's Get Started."  That simple beginning was followed by a number of blogs explaining the terms open government and transparency. Other blogs were detailed evaluations of the Essex County Board of Supervisors, County Government, the School Board, the Essex County Public Schools, and the Airport Authority.  Lastly, we frequently advocated for decisions and policies that would inform, engage. And benefit the citizens of Essex County/

 

   We pointed out, in several assessments. that Essex County Government performed poorly in both openness and transparency.  We relied upon independent nonpartisan national and commonwealth open government advocacy organization reviews to compare Essex County with surrounding counties.  Our County ranked last as of the spring of 2012!

 

   ESO participants conducted extensive research, interviewed citizens, and attended may meetings to develop an understanding of local governance.  We met with the County Administrators (David Whitlow and Bill Pennell), our Supervisors, the previous Superintendent (Dr. Melvin), and members of the School Board.  Lastly we testified at meetings and published articles addressing concerns and proposing methods that would benefit our county citizens with more open and transparent government.

 

   We at ESO appreciate the numerous positive changes made within the County Government and the School System.   It is our opinion that the governing bodies and the employees have made significant progress in opening the shutters, raising the blinds, and opening the drapes.  We appreciate your efforts and know that many additional open government and transparency initiatives are being designed and implemented.

 

   Over the next week we will publish blogs for each Board containing short lists of major accomplish-ments and "wish lists" for additional policies, practices, and actions.  We hope to have even more SUNSHINE and greater TRANSPARENCY. We hope that by the end of 2013 Essex County will be at the top of County Rankings rather than at the bottom as we were in the spring of 2012.

 

   To the Citizens of Essex County – ESO asks you to become involved in the process of governing our county and educating our children.  Our elected officials and Constitutional Officers, our appointed officers and officials, and the employees of the county government and school system need your active, engaged, and involved grass roots ideas and support.  Most importantly, ask questions and learn about the issues (read the Rappahannock Times, listen to WRAR, attend the Board of Supervisors and School Board Meetings, and Read EssexSunshine.Org), ask questions of the candidates, AND GO VOTE THIS NOVEMBER. 

 

John R. Clickener

 

Surveys are Rays of Sunshine

   

   ESO has learned of two recent surveys by the two elected bodies of Essex County Government.  The School Board posted a survey (with printed copies available upon request) seeking public input about the considerations and attributes desired in the next Superintendent.  The Board of Supervisors posted an internal county employee survey to obtain comments and concerns about the functioning of our county government.  Both Boards have clearaly done the right thing by seeking information and opinions.  The survey results varied and this is a brief Tale of Two Surveys.  

 

   The School board survey was an invitation for the public, and particularly the parents of school children and the teachers and administrators, to play an important role in the selection process.  Unfortunately, ESO believes the response was disappointing.  As of October 17 it was reported that 110 responses had been received. ONLY 110! – was it public apathy or was the distribution method for the survey at fault for the low response rate?  Clearly the School Board properly attempted to open the shutters and pull up the shades, but only a little sunshine illuminated their path toward the selection of the next Superintendent.

 

   ESO has not seen the County Government survey nor have we been told any details about the results.  That's as it should be because the sunshine, in this case, was to help the Board and the County Administrator improve the efficiency and effectiveness of local government.  We have heard from various sources that many employees appreciated the opportunity to provide candid comments and the fact that the top management wanted to hear they had to say.  Rumor has it that a number of very candid comments and suggestions were provided by the employee respondents.

           

   ESO believes that Open Government and transparency are best served when sunshine illuminates the staffing policies and procedures of the Essex County Government and when the public (VOTERS) and the staff (county employees, school administrative staff, and teachers) are part of the dialogue and decision making process.

 

John R. Clickener