Is Accomack County's Administrator Living Up to the Claims He Makes on His
Hardly would seem to be the answer after reading the reply he made to a
Freedom of Information Act Request [FOIA] sent to him by Douglas Buckley of
Virginia's Unalienable Rights Foundation [UARF].
Accomack County's Administrator's Web page says;
Steven B. Miner, Esq.
Accomack County Administrator
Part of our mission as defined by the Board of Supervisors is to run an open
government - sharing data, knowledge, public records and information with the
public and this site is one great way of doing that. It also serves as a place
to get information from you on matters which are important to you.
We hope that this site helps us to partially meet that mission and that you
find it of use. While visiting, if you have suggestions for improvements or wish
to comment on anything, please send us your thoughts! Incidentally, we hope in
the future to offer on-line transactions. Thank you.
Buckley asked Miner to allow Buckley to examine county records;
In short Buckley asked to examine documents that say;
What form of government the county operates under. Buckley exact words are
I [Douglas Buckley] am here today in my capacity as a Senior Forensic
Evidence Fellow / Civil Rights Division of the Unalienable Rights Foundation [UARF]
to examine/ be given access to records . . . the indexes that reflect and/or the
written proffers the governing body of Accomack County [AC] and/or the Accomack
Board of Supervisors [BS] and/or by any other name they have been or maybe
called, has proffered since 1634 to date whether it was proffered by ordinance
or resolution or any other form of legislative act or executive act, by whatever
name it might be called, that says what form of County government Accomack
County operates under . . . dealing with the form of Accomack County’s
government and would make Accomack County and it government and acts in
compliance with the Dillon Rule [DR] that Accomack County must comply with.
To Read the Full Text of Buckley's Letter
Miner's reply to the FOIA request does not say what document he relies on,
or provide Buckley the opportunity to examine any documents in accordance with Virginia's
Public Records Act [VPRA];
Custodians of archival public
records shall keep them in fire-resistant, environmentally
controlled, physically secure rooms designed to ensure proper preservation
and in such arrangement as to be
easily accessible. Current public records
should be kept in the buildings in which they are ordinarily used.
Virginia Code § 42.1-87;
. . . shall
provide for preserving, classifying, arranging, and indexing essential
public records so that such records are made available to the public.
The program shall provide for making recovery copies or designate as
recovery copies existing copies of such essential public records. Virginia
Code § 42.1-86.
To read the full text of Miner's Reply
In response to Miner's letter/response UARF's President, David M. Lindsey
sent Mr. Miner an email;
So where is Accomack’s form of Government Here [in the attached] Mr.
Miner? Where is it provided for that the county can have an administrator?
Is it, that you hold your job illegally?
You gave Mr. Buckley a lot of words in your response to his VFOIA
request asking for documents that say/ show the county in in compliance with
the Dillon Rule but you gave nothing citing your authority to be a county
administrator nor that of the county to operate.
Before you were contacted on the questions of what is Accomack’s form
of government and where is Accomack’s county authority to operate as it
is/has been research was conducted Via;
Statutes at Large;
OF ALL THE
LAWS OF VIRGINIA
FIRST SESSION OF THE LEGISLATURE
IN THE YEAR 1619
PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY OF VIRGINIA,
PASSED ON THE FIFTH DAY OF FEBRUARY ONE THOU-
SAND EIGHT HUNDRED AND EIGHT.
and the acts of the legislature and Virginia’s Constitution to date and
nothing was found/ has been found that says what you or the County is/are/have
done is in accordance with Virginia law or in accordance with any treaty the
United States holds with Great Britain [yes we’ve looked at all relevant
treaties]. And just in case we overlooked something we have gone/come to you,
the Attorney General and the Secretary of the Commonwealth to ask what form of
government the county operates under and the authority for it to operate as it
is. None of you have provided that information. The Secretary’s office, via
Mr. Mayfield [via telephone call] went so far as to say the Secretary’s
office would not respond in writing but in fact it appears to the Secretary's
office the county was operating in violation of the Dillion Rule, which was
and has always been UARF’s impression of Accomack County’s operations.
In previous correspondence with you and/or the county attorney, when UARF
asked for a copies of any Library of Virginia form RM3 that deals with the
destruction of county documents, UARF [its people/folks] was told by you both
that the county has in its possession all of the documents, and that no
documents had/has been destroyed since the beginning of time, the county had
in possession all the documents. So now the time has come for you to answered
the question, was I mislead then or am I being mislead now, do you or don’t
you have the documents or form RM3. Its just that simple. Your letter to Mr.
Buckley seems to me to say you don’t have them and don’t know where they
are. You say maybe here or there or maybe they are elsewhere, but you know not
where and or in your or the county’s possession.
In either case it appears to me that a false document, a reply to a
request for documents made under the Virginia Freedom of Information Act by
UARF and/or its officials, was uttered;
If any person forge a public record, or certificate, return, or attestation,
of any public officer or public
employee, in relation to any matter wherein such
certificate, return, or attestation may be received
as legal proof, or utter, or attempt to employ as true, such forged
record, certificate, return, or attestation, knowing the same to be
forged, he shall be guilty of a Class 4 felony. (Code 1950, §
18.1-92; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 146.)Virginia Code §
If any person forge any writing, other than such as is
mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another's
right, or utter, or attempt to employ as true, such forged writing, knowing it
to be forged, he shall be guilty of a Class 5 felony. Any person who
shall obtain, by any false pretense or token, the signature of another person,
to any such writing, with intent to defraud any other person, shall be deemed
guilty of the forgery thereof, and shall be subject to like punishment. (Code
1950, § 18.1-96; 1960, c. 358; 1975, cc. 14, 15.) Virginia Code § 18.2-172;
Since UARF previously sent a continuing preservation notice
to the County, its officers and employees [whether legally
elected/appointed/employed] there seems to be no need to send that 96 page
This matter can be
quick handled just by your simply showing the County’s compliance with the
Dillon Rule, providing the legal framework under which the County operates under
daily or your saying you have no such documents.