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A.G. rules Congdon can keep Beach seat
Attorney General's opinion says Congdon remains valid member of Colonial Beach School BoardDate published: 11/5/2009 BY FRANK DELANO The Colonial Beach School Board has agreed to abide by an opinion by Virginia's attorney general that B. "Anne" Congdon remains a town resident qualified to continue her duties on the School Board. "It is my understanding that Ms. Congdon clearly intends to return to Colonial Beach once her home has been rebuilt, therefore the position on the Colonial Beach School Board is not vacant," Attorney General Bill Mims wrote in an Oct. 29 letter to the School Board's attorney. Timothy Trivett, the School Board's acting chairman, said the board agreed at its meeting Tuesday to take no further steps to remove Congdon from the seat to which she was elected in 2008. The attorney general's opinion "is really what I expected the situation to be," Congdon said yesterday. "But the question is whether I'll be allowed back as a [fully functioning] board member because there's been a lot of selective sharing of information and decision-making. All this reflects on how effective I can be," she said. Congdon moved to Northumberland County in August after her rental home in Colonial Beach was put into foreclosure. She moved into the rental after her home on Monroe Street was destroyed by fire in 2007. She has said that she intends to move back to Colonial Beach when the house is rebuilt. In September, the School Board declared Congdon's seat vacant and sought applicants to replace her. The attempt was stopped when Congdon obtained a writ of prohibition from the Westmoreland Circuit Court. The School Board then asked Westmoreland Commonwealth's Attorney Dean J. Atkins to initiate legal proceedings to determine Congdon's residency and eligibility, but Atkins refused. Patrick D. Lacy Jr., the board's attorney, then asked the attorney general to take legal action to resolve the issue. "In this instance, I do not feel that is necessary," Mims wrote in his reply to Lacy. Mims cited a 1976 opinion by the Attorney General's Office. "The opinion concludes that residence for purpose of holding office is equated with domicile. Change of domicile requires both the physical act of relocation to a different geographical location and the intention to remain in that different location." [Mims' italics] Frank Delano: 804/761-4300
Date published: 11/5/2009
Good News
(posted by
CBVAUSA
, Nov. 5, 2009 8:23 am)
Competent, thoughtful, capable and caring, Anne Congdon has in the past, and will in the future, be a positive influence and make a difference for the Colonial Beach School System. Her concerns about selective sharing of information is legitimate, and will hopefully be resolved by the Chairman and other 'inside' members of the Board. Welcome home Anne!
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