by James C. Sherlock
More than eleven months ago I wrote an essay titled, “The Legal Corruption of (Virginia’s Certificate of Public Need) COPN.” That system needs overhaul, not adjustment, and the people of Hampton Roads need help. The Governor needs to lead in both efforts.
Today I offer the third in a series (first two here and here ) of essays providing background and potential future solutions to the closure of Bon Secours DePaul Hospital in Norfolk.
This is the story of the public, state-sponsored execution of DePaul and a simultaneous attempt to create a bleak future for Bon Secours in Hampton Roads.
COPN mortally wounded that hospital in 2008. It lasted until now as Sentara gnawed away at it Its death was announced this past week. Pending is how Bon Secours will look at its future in Hampton Roads.
Posted in Antitrust, Charity and philanthropy, Ethics, General Assembly, Governance, Government Oversight, Health Care, Money in politics, Public corruption, Regulation, Scandals
by James C. Sherlock
Sentara CEO Howard Kern
Scandals are sometimes overrated. Not this one.
I have reported here before on the strange case of the EVMS-ODU merger. I posted here on Nov 1, Nov 2 and Nov 3 with my own concerns on the subject. Many of my assessments came to fruition.
On November 13 and 20, the Checks and Balances Project picked up the story and took it to the next level. The quotations below are from the November 20 story.
I am not an attorney, but I will project today the significant legal jeopardy into which the process may have put the group that got together to coordinate and plan that merger without EVMS participation.
Not to mention the legal and personnel mess that it puts on the desk of Virginia’s Attorney General and the Governor.
by James A. Bacon
A special prosecutor charged with investigating a $1.8 million contract to take down Confederate statues in the City of Richmond, is asking Attorney General mark Herring to authorize the Virginia State Police to help him.
“I hereby request that you authorize the Bureau of Criminal Investigation within the Virginia State Police to conduct an investigation into this matter,” wrote Timothy Martin, commonwealth’s attorney for August County, to handle the matter.
According to the Associated Press, Martin told Jeffrey Breit, an attorney for Richmond Mayor Levar Stoney, he needs additional investigators to conduct interviews. Continue reading
by James C. Sherlock
Updated August 30, 3:30 pm
I wrote yesterday about a House of Delegates bill that ultimately was passed by the House Committee for Courts of Justice as House Bill No. 5074 Amendment In the Nature of A Substitute (the bill).
I wrote of its effects on public officials and owners and managers of private companies for violations of COVID-19 regulations. The bill makes them not just accountable to state and federal regulators, but also personally civilly liable for the slightest violation of any part of the virtually unclimbable wall of applicable regulations. And Virginia has the strictest COVID-19 occupational safety regulations in the nation.
This essay will discuss the ethics of two different original bills and reveal the secretive process by which the final substitute was developed in committee. It will ask the General Assembly to clean up a scandal of its own making.
Some may say this “goes on all the time.” It may, but that does not mean it should.
Jerry Falwell, Jr., and wife Becki
By Peter Galuszka
The resignation of Jerry Falwell Jr. amid a series of scandals may have a strong impact in Virginia where his late father built an extraordinary, ultra-conservative evangelical university in Lynchburg that later became highly politicized lightning rod supporting President Donald Trump.
Falwell has been caught up in a number of controversies including limiting speech on campus, going after The New York Times for trespassing when it reported he insisted that student ignore wearing anti-viral pandemic masks and so on.
What happened with Falwell Jr is as an American story as apple pie topped with a Cross. It might have some straight out of the pages of Elmer Gantry.
After touting strict school policies that forbid students from drinking alcohol, watching “R”-rated movies or engaging in pre-marital sex, Falwell was pictured aboard a NASCAR mogul’s yacht half dressed with a semi-clad, pregnant woman who was said to be his wife Becki’s assistant. Falwell was holding a wine glass with a liquid in it but Falwell said it wasn’t wine.
Shortly afterwards, he gave an interview to the right-leaning Washington Examiner stating that his wife had been involved with a multi-year sexual affair with Giancarlo Granda, a former Miami Beach pool boy whom Falwell funded to set up a hostel business. Continue reading
Posted in Children and families, Consumer protection, Culture wars, Economic development, Education (higher ed), Governance, Individual liberties, Media, Money in politics, Property rights, Public corruption, Scandals
No Department of General Services records that the City of Richmond filed documentation of the statue-removal contract with the state.
by James A. Bacon
The defense of Richmond Mayor Levar Stoney’s awarding of a $1.8 million statue-removal contract to a campaign supporter — that he followed state emergency procurement law, even if he didn’t abide by the City of Richmond’s law — has no basis in fact.
Stoney’s defenders have argued that the public health and safety were at stake when protesters were trying to tear down the statues, and the Mayor had to act decisively. Stoney executed the contract in compliance with state law that permits the local director of emergency management to forgo “time-consuming procedures or formalities” when awarding contracts during an emergency, Betty Burrell, the city’s director of procurement, told the Richmond Times-Dispatch two days ago.
“Were it possible to pursue a traditional procurement, the mayor would have done so, but circumstances required him to pursue a different legal avenue,” said the mayor’s spokesman Jim Nolan. “This decision was fully within his authority, and he stands by it.”
There’s just one problem with this line of argument: Stoney did not comply with state procurement law. The law does not give local officials a blank check; it requires them to leave a public record of their actions. Continue reading
By Peter Galuszka
At Bacon’s Rebellion there’s a constant, grating mantra debunking the concept that the U.S. has a serious problem with “Institutional” or “Systemic” Racism.
Slavery? Jim Crow? Irrelevant! We’re treated to commentary after commentary that Blacks just need to try harder. They are lazy. They do not support family values. They get too much wasted money in school spending and health care. Their constant abuse by law enforcement is imaginary. Black Lives Matters is a hateful, racist movement. BLM jeopardizes our values. Students interested in the movement were not “indoctrinated” enough. It’s bad enough if it comes up in public schools, but let BLM come up at a toney private institution in a wealthy, mostly White suburb, then it is a blood libel against every private school headmaster in the country.
For a partial list of blog postings with ideas, please see the URLs at the end of this column.
Ok. So what? Well, this morning I saw a small story in The Washington Post that shocked me since it went right to the heart of Institutional and/or Systemic Racism. If you still don’t believe it exists, read on. Continue reading
by James C. Sherlock
The Virginia Constitution (Article V, Section 5) assigns the Governor legislative duties. He is the only member of the Executive Department assigned such duties. The Attorney General has, well … none.
Of the duties of the Attorney General (Article V, Section 15), the Virginia Constitutions says only: “He shall perform such duties … as may be prescribed by law.”
The Attorney General heads the Office of the Attorney General, also referred to as the Department of Law. Under the laws of Virginia, primary duties of the Attorney General include:
- Provide legal advice and representation in court for the Governor and the state in general and to members of the Virginia General Assembly and local government officials;
- Defend the state in cases or criminal appeals and suits filed against the state;
- Prosecute significant crimes; and
- Defend the constitutionality of state laws.
Those duties illustrate why the Attorney General was not given legislative responsibilities in the Constitution.
It is impossible for him to both advocate for or against laws and be seen to be faithfully executing his duties. Virginians will always wonder whether such an advocate will fairly execute the laws or fairly advise the Governor and General Assembly. Continue reading
By Peter Galuszka
Early this past Wednesday morning, Mark Pettibone and Connor O’Shead were walking on their way home after a peaceful protest in Portland, Ore.
Suddenly an unmarked van pulled in front of them. Men wearing green uniforms, tactical gear and generic signs reading “POLICE” hustled them into the vehicle. They were not told why they were being detained. After 90 minutes, the badly shaken men were released without being charged.
The episode might sound like the activities of Russian President Vladimir Putin and his “little green men” who have shown up in places like Crimea and Eastern Ukraine to intimidate and detain people.
But this was Portland, a progressive city that has seen protests for weeks. President Donald Trump has urged federal authorities to move in on cities to restore his sense of order even though city officials in Portland do not want his help and are investigating what is going on.
And, guess who is playing a role in what could be a growing national trend of federal law enforcement performing “snatch and grabs” of innocent protestors?
That would be Kenneth Cuccinelli, the former hard right, state attorney general and failed gubernatorial candidate. He is now acting deputy secretary of the Trump’s Department of Homeland Security. Continue reading
Posted in Correction, Courts and law, Crime , corrections and law enforcement, Culture wars, Defense, Immigration, Individual liberties, Media, Public corruption, Public safety & health, Race and race relations, Scandals
Tagged Peter Galuszka
By Peter Galuszka
Back in the winter of 2015, Craig Vanderhoef, a former Navy captain, got a disturbing surprise in his mailbox at his retirement home near Afton in Nelson County. A letter from Dominion Resources noted that it wanted to survey his land for a new 600-mile-long natural gas pipeline.
On two occasions, he wrote the utility telling them no. Then he got another surprise. A sheriff’s deputy knocked on his door to serve him with papers notifying him that Dominion was suing him to get access to his property.
In short order, about 240 Virginia landowners were on notice that they too might be sued for Dominion’s proposed Atlantic Coast Pipeline. The county sheriff was notified that he, too, was being sued, although it was an error.
Thus, the stage was set for one of the nastiest environmental and property rights battles in Old Dominion history.
It centered around the Atlantic Coast Pipeline that would run from Harrison County, W.Va. across the rugged Appalachians, down through some of the most peacefully bucolic land in the Virginia., to Union Hill, a mostly African-American community in Buckingham county and on into North Carolina, running through the Tar Heel state’s mostly African-American concentration along its northeastern border with Virginia. Continue reading
Posted in Agriculture & forestry, Energy, Environment, Federal, Government Oversight, Housing, Individual liberties, Infrastructure, Land use & development, Money in politics, Politics, Poverty & income gap, Property rights, Public corruption
By Peter Galuszka
In 2014, the Sheriff’s Department of York County and Poquoson got their very own tank-like vehicle, called a “Mine Resistant Ambush Protected (MRAP).”
Fully armored and tan in color with steep sides, it looks like something out television footage of the war in Iraq where U.S. troops needed to get through mine-infested streets and terrain safely.
But why do such generally sleepy communities such as these need a high-powered armored car? Sheriff J.D. “Danny” Digs told The Virginian-Pilot and Daily Press that it isn’t meant to “intimidate people” but can be useful during adverse weather when trees are down. Really? Wouldn’t a pickup truck work?
The newspaper story is important since it combs through what Virginia law enforcement got after the “1033”Defense Department program started to sell surplus military gear to local law enforcement in 1997.
It notes that military surplus sales in Virginia went from $216,000 in 1999 to $853,824 in 2019, according to Defense Logistics Agency statistics. The latter number included the cost of another MRAP so Virginia Beach could get its very own armored truck. Over time, the City of Portsmouth got 87 M-16 assault rifles. Other goodies include night vision glasses. Continue reading
Posted in Budgets, Business and Economy, Courts and law, Crime , corrections and law enforcement, Culture wars, Defense, Disasters and disaster preparedness, Federal, Gun rights, Individual liberties, Mental illness and substance abuse, Poverty & income gap, Property rights, Public corruption, Public safety & health, Race and race relations
By Peter Galuszka
Get ready. The names of all kinds of leftist organizations are going to be kicked around as the masterminds behind violent, cop-beating looters, especially the so-called ANTIFA movement in Virginia and across the country..
But what is reality? I don’t have clear answers but I have some ideas to share since I have been dealing with activist groups since I was in high school in the late 1960s. I hope they help this blog’s discussion.
First, there’s plenty of research available about ANTIFA and there are already plenty of reports about it. It is not a single group but a very loose collection of autonomous activist groups, most of which do not advocate violence. For reference, see yesterday’s Daily Beast piece with the blunt headline, “Trump’s ‘ANTIFA Threat Is Total Bullshit – And Totally Dangerous.”
That article and plenty of others note that ANTIFA, or whatever it is, has no clear chain of command and uses ultra-fast social media to alert other activists about rallies and protests but has no control over them. If you are thinking about the tightly-controlled and secretive Communist cells of the past century, you are not getting it. Continue reading
Posted in Bacon and pigs, Business and Economy, Correction, Courts and law, Crime , corrections and law enforcement, Culture wars, Demographics, Disasters and disaster preparedness, Economic development, Electoral process, Federal, Government Oversight, Gun rights, Immigration, Individual liberties, Labor & workforce, LGBQT, Libertarians, Media, Money in politics, Politics, Poverty & income gap, Public corruption, Race and race relations, Transparency
Supervisor Jeff McKay, photo credit – WAMU
I’m shocked, shocked to find that there’s gambling going on here. Long time residents of Fairfax County will hardly be shocked to hear the news of a Fairfax County Supervisor being accused of unsavory business dealings with a land developer. Jeff McKay has been Lee District supervisor since 2007. He is currently vying for the top spot in Fairfax County – chair of the board. McKay, who faces opposition from three Democrats and one Republican for the office, has been accused of trading a political favor for a personal real-estate deal. As befitting the county which is home to the CIA, those allegations were surfaced through a lengthy anonymous legal memo circulated to the county attorney and the other members of the Fairfax County Board of Supervisors. American University radio station WAMU broke the story yesterday.
To be very clear, these are allegations which may be true, partly true or (as McKay represents) a wholly untrue political attack. Supervisor McKay deserves to be considered innocent until proven otherwise.
A clarification has been added to the end of this article.
Setup. Barbara Favola is the Democratic State Senator from Virginia’s 31st district. That district is centered in Arlington but includes areas of Fairfax and Loudoun Counties as well. Favola is a politician-for-life having served on the Arlington County Board from 1997 through 2012 and in the Virginia State Senate since then. She is seeking to extend her 22 consecutive years in politics to 26 in the upcoming General Assembly election. However, Sen Favola’s well laid plans hit a snag. She will face a challenger named Nicole Merlene in the June 11 Democratic primary. Ms. Merlene has astutely called Sen Favola’s ethics and independence into question based on Favola’s non-legislative position as the head of a lobbying organization representing clients in Richmond. An article in ggwash summarized a debate between Favola and Merlene:
“In her opening statement, Merlene referred to a December 2016 proposal to build a 325-foot tall tower on Virginia Department of Transportation land in Rosslyn. Favola, the sitting state senator for the district, was an advisor for the project.
Merlene said this type of behavior was pervasive, citing her opponent’s relationship with Marymount University and Virginia Hospital Center, which are both clients of a lobbying organization that Favola leads when she is not working in Richmond.“This is an issue where our representative was using public office for private benefit,” she said.”
Favola responded by employing what has become known as “the Saslaw – Norment defense” which holds that no amount of money from any source could ever be corrupting based on the genetic honesty of long time Virginia politicians. Continue reading