Clerks that don't follow the code

[Grapeshot]

Doesn't look like she even has a lawyer.

City attorney?

 

[TFred]

I see no reason that they will not do the exact same thing that was done in Surry... and they is to drag this out as long as they possibly can, hoping that the pesky citizen will just give up and go away.

They will probably end up being officially "directed" to do every little step along the way.

It's the only strategy they have.

TFred

 

[Table]

Good News Story, perhaps?

I wasn't going to jump into this thread, but... Last week was day 41 for my re-applying via the mail in Virginia Beach. Since I was/am on a business to trip to NoVA, I wanted to find out the status of my application. I went to the courthouse, the person behind the glass looked me up in the computer, stated it was issued yesterday (day 40) and "I'm sorry it took so long". I didn't volunteer that my last one had expired, but maybe that is why it took so long? She sent me upstairs to see if it had happened to still be in the outbox (my word). I went upstairs, the lady up there said, nope, went out in yesterday's mail... Rcvd it in Saturday's mail.

To recap, I sent it in regular mail (not the smartest way) with a cashier's check and cited my EXPIRED permit. I calculated my 45 day clock on when my bank said they cashed the check... But since I've started OCing more around town... Got my hall pass again, just in case.

 

[builtjeep]

City attorney?

Should still be listed as counsel I would think.

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[builtjeep]

I never did get to speak to the reporter, but they posted a story anyway. http://www.nbc12.com/story/22438468/gun-rights-group-backs-court-action-against-petersburg-official

And they seem to have spoken to her "lawyers"

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[Ironside]

Maybe we need to try to get the GA to add "action" to this part, thusly:

No action, information or documentation other than that which is requested by the application in accordance with this subsection may be requested or required by the clerk or the court.

TFred

TFred,

You should look at FL 790.33.(3) (c & e) for some really good language ...

(c) If the court determines that a violation was knowing and willful, the
court shall assess a civil fine of up to $5,000 against the elected or appointed
local government official or officials or administrative agency head under
whose jurisdiction the violation occurred.

(e) A knowing and willful violation of any provision of this section by a
person acting in an official capacity for any entity enacting or causing to be
enforced a local ordinance or administrative rule or regulation prohibited
under paragraph (a) or otherwise under color of law shall be cause for
termination of employment or contract or removal from office by the
Governor.

Seems to help pre-emption here ...

 

[Blk97F150]

From the article linked above:

Braxton's lawyers contend it's not a big deal for McNeill to go to the police department. But McNeill asserts, the extra legwork is Braxton's job, and his permit is being held up by bureaucracy.

Whether or not its "a big deal" isn't the issue. The question is what the law states, and the law clearly directs the clerk to issue the permit via USPS.

 

[builtjeep]

TFred,

You should look at FL 790.33.(3) (c & e) for some really good language ...

(c) If the court determines that a violation was knowing and willful, the
court shall assess a civil fine of up to $5,000 against the elected or appointed
local government official or officials or administrative agency head under
whose jurisdiction the violation occurred.

(e) A knowing and willful violation of any provision of this section by a
person acting in an official capacity for any entity enacting or causing to be
enforced a local ordinance or administrative rule or regulation prohibited
under paragraph (a) or otherwise under color of law shall be cause for
termination of employment or contract or removal from office by the
Governor.

Seems to help pre-emption here ...

Sounds like exactly what we need.

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[TFred]

TFred,

You should look at FL 790.33.(3) (c & e) for some really good language ...

(c) If the court determines that a violation was knowing and willful, the
court shall assess a civil fine of up to $5,000 against the elected or appointed
local government official or officials or administrative agency head under
whose jurisdiction the violation occurred.

(e) A knowing and willful violation of any provision of this section by a
person acting in an official capacity for any entity enacting or causing to be
enforced a local ordinance or administrative rule or regulation prohibited
under paragraph (a) or otherwise under color of law shall be cause for
termination of employment or contract or removal from office by the
Governor.

Seems to help pre-emption here ...

We, the collective "we", have been salivating over that code since before it was passed into law. :idea:

TFred

 

[TFred]

Whether or not its "a big deal" isn't the issue. The question is what the law states, and the law clearly directs the clerk to issue the permit via USPS.

Exactly. It's not the size of the infraction, it's the fact that it exists.

TFred

 

[Grapeshot]

I never did get to speak to the reporter, but they posted a story anyway. http://www.nbc12.com/story/22438468/gun-rights-group-backs-court-action-against-petersburg-official

And they seem to have spoken to her "lawyers"

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Mike Valerio would have done better to fact check his information.

1) There is no "Petersburg concealed handgun application". The application is a form prescribed by the Department of State Police, in consultation with the Supreme Court - this is the only approved/authorized form throughout the Commonwealth.

2) "application does not state if applicants need to bring the document to police in person."
The statute does not require the applicant to ever deliver anything to the police. If the statute doesn't require it, then.......(ready?)..it cannot be required.

"An application is deemed complete when all information required to be furnished by the applicant is delivered to and received by the clerk of court ............"

"The court shall consult with either the sheriff or police department of the county or city........."

http://leg1.state.va.us/000/cod/18.2-308.HTM

I'm really hoping that "Braxton's lawyers" tell the Supreme Court that disobeying the law is really not a "big deal." Wonder how that will go over?

 

[Blk97F150]

Does anybody know how long Ms Braxton has been working in the Clerks office (not in the current role, but in the office in general...)??

Yes... I'm going somewhere with this.... :uhoh:

 

[builtjeep]

She claims 25 years, I know for certain she was the assistant clerk 5 years ago, and I believe that she was at least as far back as 05 in some of the documents I've seen.


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[builtjeep]

Actually i'm fairly certain that she was the one who told me that her name was "none of your business" when I was fighting Benjamin Scott 5 years ago.

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[JoeSparky]

Does anybody know how long Ms Braxton has been working in the Clerks office (not in the current role, but in the office in general...)??

Yes... I'm going somewhere with this.... :uhoh:

Possible Class Action?

 

[Blk97F150]

Actually i'm fairly certain that she was the one who told me that her name was "none of your business" when I was fighting Benjamin Scott 5 years ago.

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PM inbound in a few. Not earth shattering.... but 'interesting'....

 

[DryBones]

Letters to the editor explaining where the reporter went wrong?

 

[Blk97F150]

Possible Class Action?

No. I'm not in her jurisdiction.

 

[builtjeep]

Letters to the editor explaining where the reporter went wrong?

Please!

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[DryBones]

Please!

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Bad reporting when they don't get both sides of the story too. They probably reached out to you when they did, knowing you were at work and wouldn't be able to comment.