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Unalienable Rights Foundation - Is Accomack County's Administrator Living Up to the Claims He Makes on Web Page
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 Is Accomack County's Administrator Living Up to the Claims He Makes on Web Page

Examine and Cross Examine

Is Accomack County's Administrator Living Up to the Claims He Makes on His Web Page?

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 found below;

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;

THE
Statutes at Large;
BEING
A COLLECTION
OF ALL THE
LAWS OF VIRGINIA
FROM THE
FIRST SESSION OF THE LEGISLATURE
IN THE YEAR 1619

thinline
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 § 18.2-168;

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 document again.

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.

 

 

 

 

 

 

 

 




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