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Prosecutor out of Congdon case
Westmoreland prosecutor rejects Colonial Beach School Board's request to ask court to rule on whether member is still a town resident
Date published: 10/15/2009
BY FRANK DELANO Westmoreland County Commonwealth's Attorney Dean J. Atkins has refused to represent the Colonial Beach School Board in a court action to determine if Bronwyn "Anne" Congdon remains a town resident eligible to serve on the school board. The School Board asked Atkins on Sept. 30 to file a petition for the Westmoreland Circuit Court to decide if Congdon vacated her seat when she moved in August to her mother's house in Northumberland County. Congdon has said she plans to resume living in Colonial Beach when her home on Monroe Street is rebuilt. The house was destroyed by fire in 2007. In declining to represent the School Board, Atkins wrote in a letter to the board's attorney: "I represent the Commonwealth in two open investigations currently being conducted by the Virginia State Police involving the Colonial Beach School Board and its former employees. I find that my potential representation of the Colonial Beach School Board--in any capacity--would be a conflict of interest." Claiming that Congdon was no longer a resident of the town, three members of the five-member board voted Sept. 9 to declare her seat vacant and to advertise for candidates to replace her. The board set Sept. 30 as its date to interview candidates and possibly select one. Acting as her own attorney, Congdon asked the Circuit Court to stop the board from appointing her replacement. The School Board lacked that authority, she said in her petition. The court agreed with Congdon and issued a writ of prohibition against the School Board on Sept. 17. However, the court did not rule on the question of Congdon's residency. At its Sept. 30 meeting, Congdon and three other School Board members voted to ask Atkins to seek a writ of quo warranto in the court to decide if Congdon vacated her seat on the board when she moved to Northumberland. School Board Chairman Tim Trivett did not immediately return a call seeking comment on possible future actions of the board. Frank Delano: 804/761-4300
Date published: 10/15/2009
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