Staff Explains Necessity of County Animal Code Violations Being Taken Over by Commonwealth Attorney’s Office

At a brief, apparently 23-minute meeting of which just over 16 minutes were recorded or live-streamed Tuesday evening, October 17, the Warren County Board of Supervisors approved a seven-item Consent Agenda and quickly approved two items under New Business added to the meeting’s originally published agenda. Included in those added items were a Memorandum of Agreement (MOA) between the county government and the Commonwealth Attorney’s Office.

That MOA was to facilitate Commonwealth Attorney John Bell’s office taking over prosecution of County Animal Code violations previously handled by recently departed Assistant  County Attorney Caitlin Jordan, whom County Attorney Jason Ham noted had left for “alternate employment”. Ham explained the situation to the board:

“Commonwealth Attorney John Bell has agreed to enforce Chapter 66 of the Animal Code, animals running at large etcetera, and wanted a short, simple agreement, which has been executed by Mr. Bell and basically provides that the commonwealth’s attorney will prosecute the cases; that either party can withdraw from the agreement with 90 days notice. So, if it’s not working for some reason for the County, we get feedback from the sheriff’s office that things aren’t moving the way they need to be, we can stop doing this. If it doesn’t work for the commonwealth’s attorney they can withdraw as well,” Ham said. He continued to explain that there would be no cost to the County, as Bell had not asked for compensation at this point, though he acknowledged that could change in the next annual budget cycle.

Board members expressed some confusion at the arrangement. First, Delores Oates asked why a new agreement was necessary since the commonwealth attorney would be the prosecutor anyway. Ham reiterated that it was county staff, in this case departed Assistant County Attorney Jordan, who prosecuted the cases, not the commonwealth attorney’s office. The reason being, Ham said, was because the cases involve violations of county codes, not felony criminal or state law statutes. Here, the commonwealth’s attorney was agreeing to fill the gap created by Jordan’s departure, at least for a time.

Delores Oates wondered why the Commonwealth Attorney’s Office didn’t handle Animal Control prosecutions in the first place – the answer was they’re County Code violations, not criminal statute violations. Below, Jerome Butler may be thinking ‘Well, that answers my question’ as to why the CA’s office was taking over Animal Code violation cases – ‘We asked them to’ was the county administrator’s answer in the wake of the departure of Assistant County Attorney Caitlin Jordan. Royal Examiner Photos Roger Bianchini

“Is there a reason that the commonwealth attorney wanted to assume responsibilities for this?” Jerome Butler asked board Chairman Vicky Cook. “I don’t know,” Cook replied with a look toward the staff table. “Well, we asked them to, sir,” County Administrator Edwin Daley replied to Butler’s inquiry.

Daley observed that with the cases being relatively simple and brief, 10 to 15 minutes he estimated, county administrative staff decided having Ham or one of his County-contracted Litten & Sipe LLC law firm associates spend more time driving up and down the road from Harrisonburg than in court was neither cost nor time efficient.

County Administrator Ed Daley, left, and County Attorney Jason Ham responded to board queries on several issues during the 23-minute board meeting.

With that information in hand, on a motion by Cheryl Cullers, second by Oates, the supervisors unanimously approved the MOA.

In the other added New Business item, without discussion the board approved the American Legion Post 53’s annual request to utilize the Warren County Courthouse grounds for a Veterans Day event. On a motion by Oates, seconded by Mabe, the board unanimously approved the Legion use of the courthouse grounds on November 11, from 9 a.m. to 12:30 p.m.

After a brief summary of topics slated for Thursday’s Town-County Liaison Committee meeting from the county administrator after a question from Ms. Oates, the 7 p.m. meeting was adjourned at 7:23 p.m.

Below are the seven items approved as part of the Consent Agenda:

1. Authorization to Purchase EMS Treatment and Support Equipment
2. Fire and Rescue Cancer Protection Measures Exhaust Removal Systems
3. Authorization to Advertise for Public Hearing – Ordinance to Amend Chapter 30 of the Warren County Code and to add and ordain Section 30-10
4. Award Recommendation for Reassessment Services
5. Approval of the Treasurer’s Investment Policy as a Fiscal Policy
6. General Assembly Approved Compensation Changes
7. New Position Fire and Rescue (Firefighter/Apprentice EMT)

In other routine business, Appropriations and Transfers was unanimously approved; and Approval of Accounts passed by a 4-1 margin, Ms. Cullers voting against in an apparent continuation of her protest of too vague citing of certain budget items from some departments.