Referendum Not Dead - Fluvanna Petition Drive Still Alive and Well

by Douglas R. Johnson

April 23, 2009

It has been stated that the Petition for Referendum on the Fluvanna Joint Water Authority with Louisa County is a dead issue since the issuance of a charter for the James River Water Authority.

But a 1993 Virginia Supreme Court Decision stated that if the forming of an Authority by the State Corporation Commission is challenged, the action can be reversed. This is really a very simple procedure equivalent to filing a Motion with the local court.

The only complication is that we will be arguing our case in the local court and simultaneous (but not on the same day) arguing virtually the same thing to the State Corporation Commission in Richmond.

The facts are on our side. The law plainly states that if ten percent of the voters sign the
petition, we get a referendum. No if's and's or but's - the legal term is "shall". That means the arrogant actions of the four Fluvanna Supervisors in disenfranchising us citizens, will be reversed.

Everyone who has been attending these BOS meetings know how whatever is said by the public is totally ignored by these four supervisors who regularly vote as one. They all seem to be following the Chairman. Whatever he says goes.

But on the April 15th meeting their action was even worse. When Leroy McCampbell delivered copies of the second petition that was filed that day with the court, two of these Supervisors were not even in the room. When it came time to take action on our petitions, those two still voted. It is one thing to not heed the public when voting but not even being in the room is the height of arrogance.

Now the Chairman read a letter at the March 18th meeting stating that he would vote for the authority even though the law says a referendum must be held first. 2,100 citizens was far over the 1,684 needed so even before checking, the minimum was obviously met.

Now the Fluvanna Review published the entire letter in the immediately proceeding issue. But that was not enough for the Chairman. He put the letter as a full page ad not just in the next issue but in two consecutive issues.

Two of that four won their seats by only a handful of votes. But now they act as if they were given a mandate to over extend their authority.

Our elected representative are suppose to represent us all not just special interests. The ten percent requirement for getting a referendum was put into law and these four are not above the law. We need to remind them of our founding father's comment, "Here, sir, the people govern."