How many state laws did the Caroline County BOS violate when they gave themselves pay raises?

At the beginning of the 2008 calendar year a 2% pay increase went into effect for the Caroline County Board of Supervisors (BOS).

At the beginning of July 1st — the beginning of the 2008/2009 fiscal year — the budget adopted by the board increased their pay by 5%.

That makes a total of a 7% increase in six months in their salary to $18,693.20 per head for two nights of work a month.

In the same budget, a proposed 5% increase for county employees was reduced from a 5% merit pay increase to a 2% cost-of-living increase.

That means for a member of the county staff, unless they make more than $61,650 a year, not only did they receive a lower percentage increase — they also received a lower absolute (dollar) increase as well!

Not only that, but as the Richmond Times-Dispatch reported in 2006, the supervisors for Caroline received $10,000 more per year than the supervisors in King George and Westmoreland County (which have comparable populations)! (link)

From my look through of the Code of Virginia, I see two different sections that involve the salary of a board of supervisors, § 15.2-1414.2 “Salaries to be fixed by board; limits; reimbursement in addition to salary” and § 15.2-1414.3 “Alternative procedure for establishing salaries of boards of supervisors; limits; fringe benefits”.

§ 15.2-1414.2 states, in part, the following:

The annual compensation to be allowed each member of the board of supervisors of a county shall be determined by the board of supervisors of such county but such compensation shall not be more than a maximum determined in the following manner. Prior to July 1 of the year in which members of the board of supervisors are to be elected or, if the board is elected for staggered terms, of any year in which at least forty percent of the members of the board are to be elected, the current board, by a recorded vote of a majority present, shall set a maximum annual compensation which will become effective as of January 1 of the next year.

[…]

No increase in the salary of a member of the board of supervisors shall take effect during the incumbent supervisor’s term in office; however, this restriction shall not apply to boards of supervisors when the supervisors are elected for staggered terms nor to corrections to the above listed compensation.

§ 15.2-1414.3 states, in part, the following:

In lieu of other provisions of law, the boards of supervisors of the several counties may establish annually, by ordinance, and pay in monthly installments each of their members an annual salary pursuant to the following procedure and schedule:

1. On a date determined by the board of supervisors, not earlier than May 1 nor later than June 30 each year, the board, after public hearing pursuant to notice in the manner and form provided in §§ 15.2-1426 and 15.2-1427, shall establish by ordinance the salary of its members for the ensuing fiscal year not to exceed the maximums herein set out.

2. Counties within the following population brackets shall be allowed to set salaries for board members not to exceed the following amounts:

Population Annual Salary

[portion of table omitted]

15,000 to 24,999 5,500

[portion of table omitted]

The maximum annual salaries herein provided may be adjusted in any year or years, by ordinance as above provided, by an inflation factor not to exceed five percent.

Based on my reading of these two sections of state code and after doing searches for both “15.2-1414.2” and “15.2-1414.3” on Google to see how counties have used them, the sections work the following way: § 15.2-1414.2 allows a county board of supervisors to set their pay to any amount as long as it is an election year when at least 40% of the board is up for election. This must be done before July 1 of the election year and will not take affect until January 1 of the following year.

§ 15.2-1414.3 allows a board to set their salary outside of an election year to a maximum ($5,500 in Caroline County’s case based on the 2000 census). It also, apparently, allows the board to adjust their salary’s up 5% each year, even salaries that were set pursuant to § 15.2-1414.2 (at least other counties have used § 15.2-1414.3 to do that). This must be done between May 1 and June 30 and goes into affect the next fiscal year.

The use of § 15.2-1414.3 to increase the board’s salary would require the adoption of a ordinance according to state law. It is required when adopting an ordinance for the county to hold a public hearing pursuant to §§ 15.2-1426 and 15.2-1427.

I see several errors in the way the board has increased their pay:

  1. For the pay raise beginning on January 1, 2008, the board did not vote on any matter involving board pay — except for the 2007/2008 budget — specifically before July 1, 2007 pursuant to § 15.2-1414.2 according to their minutes.
  2. However, the vote on the budget couldn’t be considered a vote authorizing a pay increase beginning on January 1 due to the fact that the board went over budget for salaries in the 07/08 budget year due to the 2% pay increase beginning on January 1.
  3. The 5% increase that started on the July 1 — the beginning of the 08/09 fiscal year — was clearly done in violation of state law: To use the 5% inflation adjustment available to boards pursuant to § 15.2-1414.3, the county must adopt an ordinance establishing their pay with a 5% increase between May 1 and June 30. To adopt a ordinance, state law requires a public hearing to be held. No such ordinance was adopted and no public hearing was held.
  4. Besides the obvious illegalities involved, there’s also the morally wrong aspect of a board increasing their pay — while increasing taxes by $0.05 per $100 assessed during a struggling economy — while also only giving county staff a 2% pay increase.

You know, one of the supervisors on the previous board lost their reelection campaign last year partly due to the continuous pay increases implemented by the board.

Maybe next time all of ’em will get voted out.

*Sigh*, there goes another of my favorite television shows…

First, Stargate SG-1 got the ax in 2007 — while in the middle of a major storyline — after ten seasons . It managed to survive through two made-for-DVD movies.

And now Stargate Atlantis has been shown the door with plans for a television movie to wrap-up the cliffhanger from this final season (Gateworld’s continuing coverage).

And as if it wasn’t bad enough that this is the last season of Battlestar Galactica, they had to cancel Stargate Atlantis too!

To make matters worst, the finale season of The Shield will premiere on September 2nd.

Can’t have nothin’.

As they say: All Good Things…

Caroline juvenile arrested, man wanted in shooting at Ashland party.

Richmond Times-Dispatch:

Authorities have arrested a 15-year-old Caroline County boy in Sunday morning’s shooting in Ashland, and they are searching for a 21-year-old man.

Police charged the teenager with malicious wounding in the shooting, which took place shortly after midnight in the 300 block of New Street. They did not release the boy’s name because of his age. He is being held in a juvenile detention facility, police said.

Town police are looking for Vodell Dupree Tillman of Caroline. He faces charges of reckless discharge of a firearm and of firing a gun in Ashland.

A Festivus miracle! Obama picks Joe Biden as veep!

This is a great decision — if his plans were to help the Republicans this year.

If Obama isn’t the personification of narcissism, then Biden definitely is.

Case in point, from The WaPo:

One of the most overlooked episodes during the 1987 collapse of Biden’s [Presidential] campaign was a snippet of footage captured by C-Span in which the Delaware senator, in response to a question about where he went to law school and what sort of grades he received, delivered this classic line: “I think I have a much higher IQ than you do.”

While any human being — especially a candidate for president who is constantly being poked and prodded — can be forgiven a momentary flash of temper, Biden’s detractors point to that incident as evidence that the senator thinks he is the bee’s knees and doesn’t care who knows it.

Biden, by his own admission, has the capacity to fall in love with his own voice and wander off on tangents about his life that have nothing to do with the topic at hand.

During the 2006 confirmation hearings for Supreme Court Justice Samuel Alito, the Post’s Dana Milbank wrote this of Biden’s performance:

“Sen. Joseph R. Biden Jr., in his first 12 minutes of questioning the nominee, managed to get off only one question. Instead, during his 30-minute round of questioning, Biden spoke about his own Irish American roots, his “Grandfather Finnegan,” his son’s application to Princeton (he attended the University of Pennsylvania instead, Biden said), a speech the senator gave on the Princeton campus, the fact that Biden is “not a Princeton fan,” and his views on the eyeglasses of Sen. Dianne Feinstein (D-Calif.).”

A double secret suicide watch for the Virginia Democratic net nut roots?

MSNBC is saying that the pointy-haired boss of Virginia (Tim Kaine) has been told he will not be Obama’s veep choice.

Of course, depending on which blog you read on the Democratic side, (e.g., Not Larry Sabato) they might be cheering this announcement.

Maybe one of Tim Kaine’s grandparents is Jewish and we all know how the Democrats feel about that.

H/t: Matt “threat to democracy” Drudge

Virginia Democratic net nut roots on suicide watch.

Fox News:

Barack Obama’s presidential campaign has put the brakes on ads that were running in seven states carried by the GOP in the 2004 presidential election, FOX News has learned.

Of the seven states — including Alaska, Georgia, Montana, North Carolina, North Dakota — Florida and Virginia are considered key battlegrounds this year. Obama’s decision to stop advertising in those states is raising eyebrows.

[…]

When Obama’s campaign took over the Democratic Party earlier this year, it embraced Howard Dean’s 50-state strategy, which is aimed at courting Democrats nationwide. The strategy has generated controversy, though, because many Democrats say it wastes money in states where they have no chance of winning.

H/t: Ace of Spades HQ

Obama: You know what’s great? ChiCom infrastructure.

From National Review Online:

Obama, yesterday: “Everybody’s watching what’s going on in Beijing right now with the Olympics, Think about the amount of money that China has spent on infrastructure. Their ports, their train systems, their airports are vastly the superior to us now, which means if you are a corporation deciding where to do business, you’re starting to think, ‘Beijing looks like a pretty good option.'”

Ed and Hugh object, with the latter noting Obama “ignores how those structures were assembled, the source and conditions of the labor, the lack of pollution controls in Beijing and throughout China, the many complaints that Chinese infrastructure outside the Olympics zone remains shoddy, the recent record of Chinese manufacturing scandals, including the heparin fiasco which killed many Americans, and of course the catastrophe brought about by Chinese building standards in the region rocked by the recent earthquake.”

But beyond that, let’s look at Obama’s examples of Chinese excellence…

Go read the whole thing as they say.

Mockery is always the best medicine.

And Ace of Spades HQ proves that, with their ongoing “Eric Cantor Jewishness Watch” (left column):

DNC: No, Seriously, Did I Mention that Eric Cantor Orders Roast Beef on Challah Bread, “a Deli Specialty Which Exudes Jewish Power“?
Am I lying? Am I sweetening? Am I making crazy shit up? Answer: NO, alas, I am not

Eric Cantor Jewishness Watch: Current Status: Still a Jew.
The Joint DNC/David Duke Jew-Tracker Early Warning System Rates Him as a “Three Yarmulke Threat,” Just One Yarmulke Shy of the Most Dire Category of “Catastrophic Hebraicness”…
The Ace of Spades Jew-Watch Election Center will keep an eye on this alarming situation. When we know more, you’ll know more.

Yup, It’s Bayh: Obama Hints Veep Pick Will be Low-Key (Bayh is Boring as F***) and Will “Challenge” His Assumptions (Bayh Voted in Favor of the Iraq War)
Upside of Bayh pick: He’s not a Jew like Rep. Eric Cantor (R-VA)

Casey Anthony Released from Jail; Asserts She’s Not Guilty, Not Jewish

Eric Cantor Mystery Deepens; Neighbors Say He Lacks “Christmas Spirit”
Just hitting the wires: Cantor (Jew-VA) has a 100% Lifetime Rating from the CCR (Council of Concerned Rabbis), and a 0% Lifetime Rating from the AGA (Americans for Gentile Action)

Crisis in the Capitol, Seven Years Later: Who Killed Chandra Levy?
DNC sources say suspect must have had motive, means, and gefilte fish

This, my friends, is why AoSHQ is the best blog out there.