Ann Mallek

Some Speakers at the Feb 25 budget hearing demanded that the BOS remove Mr. Dumler from his elected position representing the Scottsville district.  The BOS has no authority to demand resignation, or to circumvent the will of the voters. The Board may appoint a replacement until the next election if an office holder resigns.

In order to protect the voting choices of the electorate, a caretaker appointee must be true to the values which elected their representative. Changes in government must, by their nature, be deliberate and follow due process. There is no place for a knee jerk reaction which might cloud a change with personal agenda or outside influence.

As we enter March, this issue is no longer just about Mr. Dumler. It is about the county as a whole. I see a cloud over the operation of local government and a crisis of confidence on the part of some citizens.

Speaking only for myself, I think the time has come for resignation. Mr. Dumler would benefit from separation from the Board in order to put his life in order in peace and move on from this situation; the county will benefit from space from this issue to start the healing process.

I think the county would benefit from a careful choice to provide continuity for Scottsville district until a special election in November 2013. Several residents have suggested their neighbors. If and when Mr. Dumler finds a candidate who meets those continuity standards, he will be able to consider a resignation. We have made our concerns known, and the decision on what he thinks is best for the county is up to him.

The Board and staff work hard for county residents and that will continue. Citizens, please consider the process under the law.

Dear Citizens of Albemarle,

Why did I vote “no” on February 6 to a surprise board resolution to demand immediate removal of a sitting supervisor? Citizens have asked, “How can I, as a mother and grandmother, participate in government with someone whose behavior and integrity is in question?” There are legal, electoral, and personal reasons to this answer.

Regarding the legal part, a commonwealth’s attorney decided the charge that was brought against Mr. Dumler, and a commonwealth’s attorney decided to recommend a plea bargain that resulted in a plea to a misdemeanor by Mr. Dumler that was accepted by the court. Decisions were made by officials with more information and training in this area than I possess. The board of supervisors is not a judge or jury in this case. We must rely on the legal system for those decisions.

The electoral part is one of process. The reason boards of supervisors do not have the right to remove a colleague is to protect the voters of a district from losing their elected representative due to the will of an outside majority with an agenda.

It is up to the voters of the Scottsville district, in this particular circumstance, to request the court to remove its supervisor. The petition process is underway. The petition will be delivered to the circuit court, who will decide if the circumstances meet the legal requirements to proceed. If so, a commonwealth’s attorney will proceed with the case for removal, and then a trial can occur. The reason for this process is to protect the right of the district’s citizens to initiate the removal of their representative if the circumstances justify that removal.

Now the personal part. I work deliberately; I will not rush to judgment. In this case the facts available to the general public are few, yet I wrote a motion which I feel is adamant in its expectations of behavior.

After providing this motion to my colleagues in advance, I presented it on February 6 at the beginning of the supervisors meeting. The motion was seconded by Dennis Rooker and adopted 5 – 0. It reads as follows:

“The Board of Supervisors has no authority to remove someone from office who has been properly elected by the voters.

However, the Board may condemn the inappropriate behavior of a Board member that violates the values of the Board and is unbecoming for a member of this Board.

Mr. Dumler has admitted guilt and has pled guilty to a serious crime that no one on this Board condones.

Therefore, I move that the Albemarle County Board of Supervisors censure Mr. Dumler for his inappropriate conduct that resulted in his conviction of a misdemeanor. The purpose of the censure is to affirm, on the record, our disapproval of his behavior and to admonish him for the discredit his actions have brought to this Board.”

The personal part is also anger and sadness that any behavior would put a victim in danger of harm or would damage the county or its citizens. My instinct, as a mother, a grandmother, and as a county supervisor, is one of a protector.

I understand citizens want this resolved immediately, and some support a quick removal of Mr. Dumler from the board.

In a crisis, our process is what pulls us together and helps the county resolve an issue. Then there can be no recriminations about outside influence or personal agendas to cloud the result. Then the county will be able to move forward.

Thank you for your continued concern for the County and its governance.

Ann Mallek,
White Hall district

Dennis Rooker and Ann Mallek explain why the short western bypass is obsolete, a waste of taxpayer money (and a considerable loss of tax revenue to the county), and would cause excessive degradation of neighborhoods and environment. Published in the Daily Progress on July 10, 2011:

The U.S. 29 Western Bypass: Why the road shouldn’t be built

Join us on Monday, July 4, at 1 pm, for the 14th Annual Stupendous Fourth of July of July Parade in Earlysville. Meet at the Earlysville post office corner at 12:30 to march or find a spot along Earlysville Road between the post office and the Union Church to watch. Parking is available at the Earlysville Green, Buck Mountain Church, and in the field beside the Earlysville Animal Hospital. Refreshments will follow at Union and Buck Mountain churches. Antique cars, horse carriages, tricycles, and politicians will be present.

Take a step back in time and celebrate our nation’s birthday.

Walk, ride or watch. All are welcome.

• Crozet – Saturday, July 2 – Parade at 4 pm — Meet at 3–3:15 p.m. at the Crozet Elementary School (Tim Kaine will be walking in Crozet as well!)
• Free Union – Sunday, July 3 – Parade at 4 pm — Meet at 3:15-3:30 p.m. at Church of the Brethren on Route 601.  Please do not throw candy in this parade.
• Earlysville – Monday, July 4 – Parade at 1 pm — Meet at 12:30 p.m. at the corner of Earlysville Forest Road and Earlysville Road (parking at Earlysville Green)