Albemarle Judge to Review Signatures ...

Albemarle Judge to Review Signatures on Remove Dumler Petition

There are 40 comments on the NBC29 Charlottesville story from Mar 24, 2013, titled Albemarle Judge to Review Signatures on Remove Dumler Petition. In it, NBC29 Charlottesville reports that:

An Albemarle County judge now has to review hundreds of signatures to remove Chris Dumler from his seat on the Albemarle County Board of Supervisors.

Join the discussion below, or Read more at NBC29 Charlottesville.

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Going-going-gone

Charlottesville, VA

#23 Mar 27, 2013
Scottsville Trashman wrote:
<quoted text>
Good detective work Deloris. You make us all proud. You are a perfect Democrat.
Who cares if the "reporting" is true. It doesn't matter for the purposes of those trying to defend Dumler and cast him as the victim. Just sling mud until something sticks. Typical liberal attack, trying to create a distraction from the real issue at hand.
real central Va Marine

Crozet, VA

#24 Mar 27, 2013
Whatever wrote:
<quoted text>
Bill Clinton's cigar has nothing at all to do with Mr. Smith's petition. They're entirely separate matters. Go and read the statute I gave you earlier. That's relevant to the matter at hand.
It has to do with character (which neither Clinton nor Dumler has) and serving your constituents, which both failed at.
diamonds

Charlottesville, VA

#25 Mar 27, 2013
WAY TO GO EARL!
Cvillian

Charlottesville, VA

#26 Mar 27, 2013
Lloyd Snook, huge Democratic Party activist and lawyer in Charlottesville, says the Judge has a lot of leeway in determining this case. There is plenty of evidence that Dumler has been materially adversely effected in his job as supervisor. I am certain that Chris Dumler will also make this a good fight with evidence to counter the petitioners. There is also significant proof that Dumler has lost the public trust. That is also a serious material adverse effect. Can one govern effectively as a legislator when 100% of that body does not want to legislate with him? When 84% to 91% of the residents of Albemarle County don't want him there (TV news poll and radio poll)? When he is missing 28% of his available-to-the-public time because he is in jail? Because he had to cancel his two town hall meetings last fall; hasn't had a town hall since he was arrested; had to cancel his Democratic Party Breakfast presentation because of a trumped up death threat that he said he couldn't comment on because it was under investigation, only to find out 3 days later he hadn't even reported it to the police for an investigation? Do you not think that this will be brought up before the judge to prove that he lied to the press and the public about the investigation? Do you not think that the police will be subpoenaed to support that? Do you not think that a seated supervisor who commits a violent crime against a constituent might not have a problem proving that such a crime would not have a material adverse effect in the performance of his duties as evidenced by the cancellations, board removals, time in jail not serving the public, no town halls, and the pain-in-the-BOS butts called the protests? Chrtis Dumler has an uphill battle in spite of what Bill et al think.
Unreal

Charlottesville, VA

#27 Mar 27, 2013
concerned citizen wrote:
Mr. Earl Smith needs to get a life. Is this the same Mr. Smith that used to deal and use cocaine out of his nightclub on Preston Ave., if so he needs to get his own life together and leave an innocent man alone and stop trying to be in the spotlight. So what he had consenual sex with a woman, which is worse Mr. Smith. Stay at your job Chris and handle your buisness!
Bahahahaha!! Explain the 'innocent' part!! I d i o t!
Annie in Alb Co

Douglasville, GA

#28 Mar 27, 2013
Uhhhh wrote:
<quoted text>
Man-hater.
No, I'm not a 'man-hater'; because certainly not all men are rapists or rape excusers. I hate rapists and their defenders. I would say someone who rapes women (or defends a rapist) is a woman-hater, wouldn't you?
Dave Briggman

Elkton, VA

#29 Mar 27, 2013
Chuckwagon wrote:
It's obvious Mr.Smith is doing this to promote himself. Maybe he is capable of doing a righteous job of getting his investors for his food wagon. It seems like a good promo idea.
I agree...while I don't support Dumler for his actions, he should go after the petition circulator for filing a suit without a good faith basis for doing so...the Virginia statute is clear...and Dumler has not been convicted of an offense that would merit a court removing him.
Dave Briggman

Elkton, VA

#30 Mar 27, 2013
Going-going-gone wrote:
<quoted text>
Mr. Smith has worked very hard, with very little help (but lots of detractors such as yourself), to work within the legal system to take action against what he and many others see as an elected official that has betrayed the trust and confidence of the electorate.
You truly are a clueless bore. Or maybe you think you are being funny?
Smith has no legal basis to ask a court to remove Dumler...I know, I believe I'm still the only successful petitioner to actually have had an elected official removed.
Dave Briggman

Elkton, VA

#31 Mar 27, 2013
Outspoken Atheist wrote:
Is Mr Smith going to pay for this frivolous waste of taxpayers money or are they going to divide the cost of this among all of the 584 idiots who signed this petition ?
You are correct...I believe the York County Supervisors were successful in getting judgments against the circulator and the signers...
Dave Briggman

Elkton, VA

#32 Mar 27, 2013
real central Va Marine wrote:
<quoted text>They already paid for it with their tax dollars.
No...Dumler's attorney will EASILY be able to get a judgment for attorney fees.
Dave Briggman

Elkton, VA

#33 Mar 27, 2013
Going-going-gone wrote:
<quoted text>
Unfortunately the laws in this Commonwealth are imperfect. The statute in question leaves little opportunity to have Dumler removed directly. It is, however, the only course of action available to the voters. The alternative is to do nothing, let Dumler ride-out the storm (which appears to be his plan), and wait until he is up for re-election in a few years. The electorate, in general, has a very short memory, so he could probably win re-election (which is probably also his plan). If you don't think that could happen, just take a look at Marion Barry up in DC -- he spent considerable time in the federal pen, and then was easily re-elected as mayor upon his release.
Since the laws here are less than adequate for the situation, good old fashioned political expression is all that remains. Turn-up the heat on the guy, keep the pressure on, and drive him out of office -- and hopefully from central Virginia.
It might be interesting to see what happens as he is further marginalized on the Board of Supervisors and relieved of his commission in the Army (and the UCMJ does directly address this situation).
You think this judge is just going to add "misdemeanor sexual battery" to the list of offenses? Geez.
Dave Briggman

Elkton, VA

#34 Mar 27, 2013
Erin wrote:
<quoted text>
I rather imagine the person bringing the petition, and the people posting here in support of it, do not actually expect that Mr. Dumler will be forced to step down by the court. I am sure they are just doing what they can to apply pressure to Mr. Dumler to resign, and to keep this issue in the public eye. They are just as entitled to air their opinions, in the courts if need be, as are the thousands of people who have protested and been arrested for various social and political causes over the years - and surely you are not saying all of that was a waste of the public's resources as well? It is a bit disingenuous to criticize those calling for Mr. Dumler's dismissal for borrowing from the social activists' playbook, don't you think?
You are not entitled under Virginia law to file frivilous lawsuits:

From 8.01-271.1 of the Code of Virginia:

"The signature of a...party constitutes a certificate by him that (i) he has read the pleading, motion, or other paper,(ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

Pretty simple, even my 3rd grader understands it.
Dave Briggman

Elkton, VA

#35 Mar 27, 2013
Feed the Poor wrote:
<quoted text>
Why would you say that Mr. Smith is wasting Tax payers dollars? It is clear that in fact Mr. Dumler is wasting the Tax payers dollars. First he "acted discourteously" then he took a plea bargain (so he wouldn't have to spend HIS money to defend himself) then he uses tax dollars to take up space in the local jail, all the while the people that he "represents" are screaming "HEY YOU DUMLER!! YEAH YOU! GET OUT OF HERE!" and he insists on staying.
This petition would not have gone this far if he listened to and honestly represented the people he "serves". DUMLER should pay for the frivolous waste of tax payers money!
This petition has no legal basis to be heard...ZERO.
Dave Briggman

Elkton, VA

#36 Mar 27, 2013
Cvillian wrote:
Lloyd Snook, huge Democratic Party activist and lawyer in Charlottesville, says the Judge has a lot of leeway in determining this case. There is plenty of evidence that Dumler has been materially adversely effected in his job as supervisor. I am certain that Chris Dumler will also make this a good fight with evidence to counter the petitioners. There is also significant proof that Dumler has lost the public trust. That is also a serious material adverse effect. Can one govern effectively as a legislator when 100% of that body does not want to legislate with him? When 84% to 91% of the residents of Albemarle County don't want him there (TV news poll and radio poll)? When he is missing 28% of his available-to-the-public time because he is in jail? Because he had to cancel his two town hall meetings last fall; hasn't had a town hall since he was arrested; had to cancel his Democratic Party Breakfast presentation because of a trumped up death threat that he said he couldn't comment on because it was under investigation, only to find out 3 days later he hadn't even reported it to the police for an investigation? Do you not think that this will be brought up before the judge to prove that he lied to the press and the public about the investigation? Do you not think that the police will be subpoenaed to support that? Do you not think that a seated supervisor who commits a violent crime against a constituent might not have a problem proving that such a crime would not have a material adverse effect in the performance of his duties as evidenced by the cancellations, board removals, time in jail not serving the public, no town halls, and the pain-in-the-BOS butts called the protests? Chrtis Dumler has an uphill battle in spite of what Bill et al think.
The "material adverse affect" has to come from the following, which his criminal conviction did not:

"For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties..."
real central Va Marine

Crozet, VA

#37 Mar 29, 2013
Dave Briggman wrote:
<quoted text>
You are not entitled under Virginia law to file frivilous lawsuits:
From 8.01-271.1 of the Code of Virginia:
"The signature of a...party constitutes a certificate by him that (i) he has read the pleading, motion, or other paper,(ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Pretty simple, even my 3rd grader understands it.
YOur 3d grader sits around reading legal texts?
I knew it

Staunton, VA

#38 Apr 9, 2013
I will be interested to see how many of the 572 signatures are Scottsville Residents. My understanding is the 372 signatures be from people residing in the district Dumler oversees. I saw the video that shows some of the locations of the signees and noticed quite a lot listing their residence as Keswick, Louisa, Charlottesville, etc.

I don't know where else the guy set up his "stand" other than outside of Snow's but hopefully he has enough relevant signatures to get Dumler kicked to the curb!
Dave Briggman

Elkton, VA

#39 Apr 9, 2013
Just having 572 signatures isn't going to cause the judge to remove Dumler...there has to be SPECIFIC cause as outlined in Virginia law.
Dave Briggman

Elkton, VA

#40 Apr 9, 2013
I just got a copy of the petition by email...this petition will likely be dismissed the very SECOND Dumler's attorney files a motion requesting dismissal...

There are just signatures...there is not a single allegation against Dumler in the petition...

This is the most-laughable thing I've ever seen.
Dave Briggman

Elkton, VA

#41 Apr 9, 2013
Cvillian wrote:
Lloyd Snook, huge Democratic Party activist and lawyer in Charlottesville, says the Judge has a lot of leeway in determining this case. There is plenty of evidence that Dumler has been materially adversely effected in his job as supervisor. I am certain that Chris Dumler will also make this a good fight with evidence to counter the petitioners. There is also significant proof that Dumler has lost the public trust. That is also a serious material adverse effect. Can one govern effectively as a legislator when 100% of that body does not want to legislate with him? When 84% to 91% of the residents of Albemarle County don't want him there (TV news poll and radio poll)? When he is missing 28% of his available-to-the-public time because he is in jail? Because he had to cancel his two town hall meetings last fall; hasn't had a town hall since he was arrested; had to cancel his Democratic Party Breakfast presentation because of a trumped up death threat that he said he couldn't comment on because it was under investigation, only to find out 3 days later he hadn't even reported it to the police for an investigation? Do you not think that this will be brought up before the judge to prove that he lied to the press and the public about the investigation? Do you not think that the police will be subpoenaed to support that? Do you not think that a seated supervisor who commits a violent crime against a constituent might not have a problem proving that such a crime would not have a material adverse effect in the performance of his duties as evidenced by the cancellations, board removals, time in jail not serving the public, no town halls, and the pain-in-the-BOS butts called the protests? Chrtis Dumler has an uphill battle in spite of what Bill et al think.
I just received a copy of this alleged petition by email...it's 131 pages of signatures...and a one-page affidavit from Smith saying he was the circulator...the judge will likely dismiss this piece of garbage because it 1) It's called a "PETITION OF RECALL"...there's no such thing as a recall under Virginia law, 2) The petition recites no facts or allegations which could be used to give the judge grounds to remove Dumler, and 3) The petition doesn't ask the court to do anything.

How embarrassing that so many people wasted their time signing, this...the petition, at best, will be allowed to be amended, but would require gather all of the signatures OVER AGAIN.
Dave Briggman

Elkton, VA

#42 Apr 9, 2013
Dave Briggman wrote:
Just having 572 signatures isn't going to cause the judge to remove Dumler...there has to be SPECIFIC cause as outlined in Virginia law.
It's funny that likely the same person keep writing CLUELESS to every single one of my postings...as it happens, I'm the only person in the Commonwealth of Virginia to ever actually have an elected official removed using the "petition" method....

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