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Ambulance fees still under consideration

If you call for an ambulance, chances are that an all-volunteer squad will respond and that you’ll only be charged for medical supplies on the way to the hospital. But this budget season, local officials are exploring the idea of imposing fees, as much as $450 per ride. And as the closed-door discussions continue between the city, county and the volunteer rescue squads, it remains unclear where the money would go and why the fees are necessary.

There are several volunteer rescue squads, the biggest being the Charlottesville-Albemarle Rescue Squad (CARS). Annually, those groups average 14,684 calls and transport roughly 12,000 to the hospital. Albemarle County has only one station, Hollymead, with paid staff for ambulance service. The City of Charlottesville is in the midst of implementing a plan to establish an ambulance service with paid staff.


Despite talk of ambulance fees, city Fire Chief Charles Werner says that we’re not heading toward an all-paid staff of EMS workers.

The idea of charging fees came from a joint city/county/rescue squad task force that reported to the Albemarle County Board of Supervisors in the fall. Representatives from CARS and from the Charlottesville and Albemarle fire departments, which oversee any paid ambulance responders, have no comment about the proposed plan. It’s still uncertain whether all agencies would apply fees.

Often, volunteer squads are reluctant to charge fees out of fears that community donations would drop off. The Virginia Office of EMS, which offers administrative help for localities working to establish fee-for-service programs, published a document last spring about how to market such billing changes. The document mentions a number of circumstances in which an agency or locality might attempt billing for service. Among those pressing concerns are inadequate staffing, poor response times and a dip in financial support.

While the state office “does not necessarily support billing for services,” spokesperson Elizabeth Singer says it does encourage localities to consider it as another source of revenue. About 35 localities around the state charge for ambulance services, according to Singer, including Orange County, Roanoke City and Chesterfield County.

Staffing is not a concern for CARS, says Squad Chief Dayton Haugh, who notes that its numbers have grown in recent years to a current active staff of 170 volunteers.

Haugh says it is still unclear whether money from ambulance billing would go to the county or directly to CARS. “Most of the time, I think it’s safe to say that if a municipality is billing that it won’t recover enough to cover the cost of providing the [emergency] service,” Haugh says. Officials have estimated that billing would provide between $2.8 million and $3.8 million annually. The EMS cost of all the agencies combined is more than $10 million.

City Fire
Chief Charles Werner says that any plans for a fee-for-service ambulance system in the city are contingent upon decisions made between the volunteer rescue squads and Albemarle County on the issue. He notes that CARS will continue to serve most emergency calls made in the city.

“I don’t think there’s any need to go in the direction for a full-career EMS squad in the near future,” says Werner.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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Bikers call for better accident reporting

Though police reports show that there were only eight accidents involving bicyclists in Charlottesville last year, local bike activists beg to differ. Zachary Shahan, executive director of the Alliance for Community Choice in Transportation (ACCT), says police reports underrepresent the actual number of bicycle-automobile accidents each year. Hospital records, he says, indicate that more bicyclists are treated for injuries relating to accidents with automobiles than are represented by police reports.


“The bikers will say the drivers aren’t following the rules, and the drivers will say the bikers aren’t following the rules,” says Zachary Shahan.

If an accident causes no injuries and the estimated damage is less than $1,000, then a report is typically not taken by the police, according to city spokesman Ric Barrick. While Shahan says this may account for the disparity, he still says the police department’s method of reporting accidents should be improved. In an effort to educate and inform bikers in the area, ACCT will soon implement its own informal network for reporting bicycle-automobile accidents. The online network will also allow bicyclists to report numerous near-collisions.

“Near-accidents probably happen a lot more than those accidents that are actually reported,” says Albemarle County Police Lt. Todd Hopwood, who noted that there was only one bicycle-automobile accident reported in the county last year. “It really boils down to if [police] are in the area at the time to catch the vehicle and person who was driving.”

Reports of near-bicycle-automobile accidents, however, often contain conflicting stories from those involved. As a result, Hopwood says these cases are difficult to prosecute without either an admission of guilt or a police officer present to identify the reckless driver or bicyclist.

“The bikers will say the drivers aren’t following the rules, and the drivers will say the bikers aren’t following the rules,” Shahan says. “They’re both right. There’s a lot of people not following the rules, and it makes for very dangerous situations.”

In an effort to curb both accidents and near-accidents, Shahan says the city must improve its bicycling infrastructure. He identifies many problem areas where bike lanes dangerously disappear at intersections, such as those along West Main Street and Jefferson Park Avenue.

“The biking infrastructure is very minimal and looks like it’s been implemented where it’s easy to implement, not exactly where it needs to be,” Shahan says, adding that ACCT will continue to push the city to update its current infrastructure in an effort to improve safety for all on the road.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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Once again, sex issues up for state debate

Debated issues come and go with each session of Virginia’s General Assembly—this year’s fan favorites are sure to include mental health reform and bad driver fees—but there is at least one topic ripe for debate among the state’s legislators year in and year out: abortion. With the new session on the horizon, organizers on both sides of the controversial issue are preparing for yet another session of legal wrangling over reproductive health care in the Commonwealth.

"We’re usually monitoring up to about 20 bills that would in some way limit access to reproductive health care services either on the ground or in the state code," says Becky Reid, local Planned Parenthood grassroots organizer. "This year, we’re really focusing on sexuality education."


Becky Reid, local Planned Parenthood grassroots organizer, says it’s unfortunate that now fewer Republicans will support reproductive rights.

As part of his plan to offset Virginia’s significant state budget shortfall, Governor Tim Kaine recently cut off state funding for abstinence-only education programs in public schools. Before the cut, Virginia matched federal grant dollars as provided by Title V of the Social Security Reform Act, which set aside federal funding for abstinence-only education. Some Republicans oppose the Governor’s move and want to restore abstinence-only education in Virginia. State Senator Ken Cuccinelli of Fairfax—who narrowly won re-election this year by a mere 92 votes—is planning on introducing legislation reversing the Governor’s decision to cut this funding.

A 2006 Virginia Department of Education survey revealed that 14 percent of local school districts have abstinence-only education programs. Reid, who opposes Cuccinelli’s attempt to revive these types of sex education programs, is pushing a "parents’ right to know" bill this upcoming session. Such a bill would inform parents of the sex education program in their school district, especially if that district provided abstinence-only education.

"Right now, a lot of parents assume that what’s being taught in the classroom is medically accurate and comprehensive," says Reid. "The medical support is not there, the research is not there and the parent-teacher support is not there for abstinence-only education."

In addition to bills concerning sex education, bills limiting access to abortion facilities will also arise in the upcoming session. Republican Bob Marshall of Manassas is planning to reintroduce Targeted Regulation of Abortion Providers (TRAP) legislation, which failed in committee last session. TRAP legislation would require greater building space for abortion facilities, shutting down smaller clinics that fall short of the proposed guidelines.

Even though the Democratic shift of the State Senate is encouraging to reproductive health activists like Reid, it does not mean that these debated issues will be out of the spotlight anytime soon.

"A lot of the moderate Republicans we were able to work with in the past retired, so there is a more extreme slant to a lot of the Republicans holding office," says Reid. "It’s really unfortunate. Access to reproductive health care and teen education are bipartisan issues. They’re not restricted to one party."

The General Assembly reconvenes in Richmond January 9.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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Undergrads push for new major

A motivated group of UVA students is attempting to do something that has never been done at Mr. Jefferson’s university—implement the first student-proposed major. For the past year, members of the student-run Global Development Organization have been lobbying the administration for the creation of a new global development major. While the interested students recognize the process of proposing, funding and establishing a new major is difficult, they argue such a major would benefit the University in its quest to compete with peer institutions, such as the University of California-Berkley, that offer the interdisciplinary major.


"At the beginning of the process, we knew it would be a hard road, but one thing that has become more of a challenge than we initially anticipated was the funding issue," says Kendall Wallace, a junior leading the effort for a new "global development" major.

"Global development is a growing field of not only national but international importance," says junior Kendall Wallace, history major and chair of the committee proposing the new major. "To really go out and succeed in that field, it’s necessary to have some sort of educational background in it. Right now, the University has no avenue to pursue rigorous global development studies."

Though members of the major proposal committee have met with senior administrators in the University’s College of Arts and Sciences to discuss the issues facing the creation of a new major, the students have done almost all of the grunt work and development-related research themselves. Still, as UVA curriculum is the faculty’s responsibility, students will have to work extensively with faculty to rouse support, according to Milton Adams, vice provost for academic programs.

Although some high-profile faculty members support this program, Wallace says, students have yet to find a faculty member who would be willing to take ownership of the major and serve as its founding director. Many interested faculty have told students this career move could be risky without a generous endowment in place to fully fund the major from the start.
 
"It comes down to one check or several," says Wallace, noting that the major committee was only recently allowed to distribute a document outlining the student initiative to key University fundraisers. "At the beginning of the process, we knew it would be a hard road, but one thing that has become more of a challenge than we initially anticipated was the funding issue."

No new funding, however, would be required if the major makes use of existing courses and faculty. Still, if new faculty were to be hired and new office space found, the costs of the program could be quite substantial, says Adams, adding up to millions of dollars. No matter the financial situation, there is still plenty of administrative work to do be done if the program is to come to fruition.

"Creating a new degree—that is, a B.A. in Global Development Studies, GDS—would require a time-consuming process originating with a faculty in a School or the College, including approvals by the School faculty, the Faculty Senate, the Provost, Board of Visitors and the State Council of Higher Education for Virginia," says Adams. "That would likely take one to two years."

Long-term student support, Wallace argues, will keep this proposal active in the mind of administrators until the funds are present to implement the major. Some younger members on the committee even have their sights set on possibly earning the major in their time at the University.

"The fact that I have put so much time into this and really understand what it is about, makes me really excited about it," says freshman Anna Conn, a committee member. "Now that I’ve invested so much in it, I would really like to see it out."

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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Groups fight North Anna ruling

The temperatures outside have finally started to dip, but the waters of Lake Anna are unseasonably warm this time of year. Not from any natural hot springs in the area—instead, the warm waters of the lake, located about 30 miles from Charlottesville, are the result of discharge generated from the nearby nuclear power plant’s cooling system. While the increased temperatures may be ideal for folks on the lake late in the season, they may not be as ideal for the local aquatic life.


Because it cools the nuclear reactor at North Anna Power Station, water is discharged in Lake Anna that tops 90 degrees.

Previous coverage:

North Anna gets early permit
Third reactor one step closer to coming online

North Anna to formally plan third reactor
Public meeting addresses federal review process

Nuclear plant sparks more debate
Neighbors concerned over water-discharge permit renewal

Lake Anna’s in hot water
Dominion Virginia Power upsets the ecosystem

Lake Anna plants set for public input
Energy activists face timing issues with next week’s meetings

The greening of nuclear power
Dominion says new reactors could save us from global warming

The North Anna Power Station, owned and operated by Dominion Power, recently received a renewed permit to discharge warm water into Lake Anna from the State Water Control Board. Dominion’s permit contains a controversial variance provision that allows the power plant to discharge water well over the 90-degree maximum set by the federal Clean Water Act. Arguing that the Board’s blanket renewal of the warm water discharge permit for the Lake Anna plant does not protect state water quality standards, the Blue Ridge Environmental Defense League (BREDL) and the People’s Alliance for Clean Energy (PACE) filed a notice of appeal to the Richmond Circuit Court seeking to review the recent decision.
 
"Variances are supposed to be given only under circumstances that it will not have an effect on water quality," says BREDL administrator Louis Zeller. "In this case, the variance does not maintain water quality because we’re seeing 106-degree water temperatures out there."
 
The forthcoming legal action from these two environmental groups marks one of the first formal challenges Dominion has faced concerning the warm water discharge permit at Lake Anna, according to Dominion spokesperson Richard Zuercher. He mentions that the permit has been renewed at every five-year cycle since the initial request for a variance was granted in the early 1980s. Zuercher notes that the lake’s higher-than-normal temperature only potentially becomes a problem for aquatic life when the temperature of the water is already heightened during warm summer months.

"That sounds like the baby bottle test," says Zeller. "In other words, it doesn’t feel hot during the wintertime when temperatures are generally much lower, though many wouldn’t notice it. The organisms who live in that lake year-round notice it."

Noting his company’s constant surveillance and study of the lake’s wildlife, Zuercher says Dominion has always operated within the law. When Dominion was initially offered a variance provision for its water discharge permit in the early 1980s, it had to prove that its future actions would not affect the natural wildlife of the lake. Zuercher says Dominion still follows this initial commitment.

BREDL and PACE will have their opportunity to further question Dominion when they file a formal appeal within the month.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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City planners confused about Mall crossing

Previous coverage:

Saga of Fourth Street crossing coming to close
Planners to weigh in on what seems like a done deal

Cars too shall pass
Vehicle Mall crossing made permanent

Mall Crossing: stay or go?
Council to decide whether cars keep Fourth Street option

The debate surrounding a second vehicular crossing of the Downtown Mall just got a lot more confusing. What seemed like it would be a debate about the placement of the east end crossing instead rekindled some of the original project disagreement between City Council and the city Planning Commission.

Despite initial opposition in January 2006 from the Planning Commission, Council opted to open a Fourth Street crossing of the pedestrian Mall on a one-year trial basis. With the trial period well over and a Council decision that seemed to solidify a second crossing, it looked like the Commission was supposed to help determine the permanent location of the crossing—either on Fourth or Fifth Street—at its November 13 meeting. Still, Jim Tolbert, director of Neighborhood Development Services, recommended that the Commission defer discussion about the crossing, citing confusion about what exactly Council was asking the Commission to consider. After a short discussion, the Commission took Tolbert up on his recommendation.

According to Tolbert, his staff was under the impression that Council had not voted to permanently establish the crossing and that the Commission was charged to discuss whether an east end crossing fits with the city’s Comprehensive Plan, a document that guides long-term recommendations for the city’s growth.

Those who oppose the crossing, including Commission Chair William Lucy, argue that the project contradicts the city’s plans for encouraging pedestrian traffic on the mall, among other considerations.


"It’s much like the Bible," says Councilor Dave Norris, referring to the comp plan. "If you look hard enough you can find a justification for just about anything."

"I have not heard anyone that I can recall—including the councilors—say that they think there should be only one motor crossing on the Mall," warns Lucy. "Some of the arguments that have been made for the crossing would apply equally, if not more so, to two or three or four or five Mall crossings." The Comprehensive Plan, however, does not explicitly prohibit a vehicular crossing to the Mall, something which could hinder Lucy’s point of contention in future debate.

"It’s much like the Bible," says Councilor Dave Norris, referring to the comp plan. "If you look hard enough you can find a justification for just about anything. It’s not an exact science. Maybe it doesn’t necessarily need to be. That’s one of the reasons we have a Planning Commission."

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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Politics prof weighs in on Pakistan crisis

Pakistani President Pervez Musharraf declared emergency rule over the country November 3, suspending the constitution and shutting down all independent media outlets. While some critics from around the globe have called this the desperate act of a weakened leader, Musharraf affirms that he is doing what is necessary to save his country from inner conflict and ultimately preserve democracy. To help sort through the complex situation in Pakistan, UVA politics professor John Echeverri-Gent provides his thoughts and insight.


UVA politics professor John Echeverri-Gent says unless the U.S. takes a stronger stand against Musharraf, "we may come out on the wrong side of history here."

C-VILLE: How dire is the current situation in Pakistan? Would you characterize General Musharraf’s declaration of emergency rule as having thrown the country into a constitutional crisis?

Echeverri-Gent: I would say that it actually is a very dire situation. President Musharraf has very rapidly dwindling popular support. The opinion polls I’ve seen would give him a popular approval rating of less than 20 percent. And not only does he have a low rating, but it’s rapidly declining. If we look at this over the past year, in March he attempted to oust the chief justice of the supreme court. He was forced by an order of the supreme court in July to restore the chief justice after a series of protests. Now, he has once again suspended the constitution. He has removed 12 members of the supreme court. This is a first in that this is a coup against his own government. The reason apparently, as has been reported by a number of sources, is that the supreme court was ready to rule his presidential reelection invalid and unconstitutional. By taking this action, he’s already reduced further his base of popular support. In the last few days, we’ve seen protests not only by the lawyers, but now we’re starting to see the oppositional political parties get mobilized. If the political parties get involved, we’re going to see a broad spread of mobilization among the population. This is going to cause real problems for General Musharraf to remain in power.

Given that Pakistan’s constitution has been suspended and all non-state communications have been cut, how fair can upcoming parliamentary elections be in a return to democracy?

We don’t know exactly if and when there will be elections. The government of Pakistan has given out different signals as to whether there would be elections as scheduled or if they might be postponed. We know that General Musharraf’s government has a history of promising elections and a return to democracy and then not delivering that promise. We do know that in the past—here I’m referring in particular to the elections in October 2002—that when there were elections held, they were held on terms that clearly biased the results.

What’s interesting here is that the results in the 2002 elections were biased against the mainstream political parties. The elections were biased against them, and who were they biased in favor of? They were actually biased in favor of the religious parties who for the first time gained control over one provincial legislature. They have their best showing in any parliamentary election in the 2002 elections in large part because of the measures General Musharraf took to limit the effectiveness of the mainstream parties.

U.S. leaders have openly condemned General Musharraf’s decision. How far can the U.S. go to censure Pakistan, considering its active role as an ally in the "war on terror"?

There has been no sanction that has been threatened to General Musharraf, at least in public. This puts the United States in a very awkward position because on the one hand the whole Bush doctrine—as he enunciated in his 2005 inaugural address—was that the United States stands for freedom and the spread of democracy throughout the world. What has been clear by general Musharraf’s actions is that he has taken Pakistan away from democracy.

And so, the United States is really put in an awkward position. In terms of what the United States can do, we have to realize we have serious limitations here. We do have the sanction of stopping financial aid. Since 9/11, we’ve given Pakistan approximately $11 billion in foreign assistance. $10 billion of that has gone directly to the military. Only approximately $1 billion has gone to the conventional foreign aid. That’s one possible sanction, but other than that, there are real limits to what we can do. That said, if we were to take a stand condemning Musharraf’s action, at least that would separate us from supporting an increasingly unpopular dictator. Unless we do that, we may come out on the wrong side of history here. Musharraf’s rule is becoming increasingly tenuous, and it depends almost exclusively on the military.

Could instability as a result of a rising Islamic movement in the country spread to neighboring Afghanistan and India?

It has already spread elsewhere in that Al-Qaeda and the Taliban are based in Pakistan. They’re using that as a base to carry out military actions in Afghanistan. The most serious way we’ll see it spreading is throughout Pakistan. Very recently, it was very much confined to the small, regional area in northwest Pakistan. In the last month, we’ve seen the actions of militants spread. We’ve seen also the inability of the Pakistan military to effectively fight Al-Qaeda and Taliban militants in the northwest frontier province.

One of the things to me that is very concerning is that in light of the military’s declining ability to deal with the Islamic militants, if we have in power an increasingly unpopular military dictator, then that is a recipe for instability in Pakistan. The leaders of the religious parties have also issued protests against General Musharraf. So we have not only the mainstream, more liberal parties protesting against Musharraf, who are long-standing opponents of Musharraf, protesting against him.

The situation has some very eerie parallels with the situation in Iran in the late 1970s, where you had an increasingly unpopular dictator trying to regain power. What you had, if you recall in Iran, there was a widespread popular movement against the Shah. It wasn’t clear initially that the clerics were going to be able to seize control over the movement. It also wasn’t clear that they controlled a majority of the people who were protesting against the Shah, but they were able to take advantage of various opportunities that were provided by the movement against the Shah to take control of the government. That is the danger here in Pakistan as well. That is especially troublesome because Pakistan is the only Muslim country at this point that has nuclear weapons.

Are the Pakistani people better off now that they were when General Musharraf took control via a coup in 1999? How long can he stay in power and what will his legacy be?

General Musharraf has been, in some ways, successful as a ruler, especially in terms of the Pakistani economy. In an economic sense, people are better off. There’s another change that took place under General Musharraf, and that’s the flowering of the private press, in particular private television stations. There are now over 30 private television stations in Pakistan. Musharraf, with his recent action, has closed all of them down. Nevertheless there was this flowering, and that was another development that people in Pakistani society appreciated.

Now Musharraf has taken actions that threaten the economic welfare of the country, and he’s closed down the presses. In a way, he’s threatened his best accomplishments—in a sense, shot himself in the foot. As far as how long he’s likely to be able to continue to survive, I think that nobody can really say for certain. For now, he’s put his closest supporters in high positions in the military, and they are secure and seem to be supportive of him. But, we have this growing opposition movement.

It’s hard to tell how effective the government actions to suppress the movement are going to be. But if the movement continues and grows, if the mainstream political parties succeed in mobilizing segments of the public that go beyond the layers, I think what will happen is support within the military, which is key in the continuation of Musharraf’s regime, is likely to erode over time. If he does leave power, it’s likely to be because people in the military will have grown tired of trying to suppress a popular movement. That’ll, in one way or another, force him to resign and leave office.

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Italy trip one of many for Council

When five Charlottesville government officials wanted to go on a business trip on the city’s dime to Italian sister city Poggio a Caiano last week, they didn’t expect the intense public reaction against the use of its hard-earned tax dollars. The strong response might have all been a matter of timing. The trip became front-page news when city School Board member Charles Kollmansperger expressed his frustration in The Daily Progress on November 1, six days before the trip’s departure and, more importantly, five days before election day.


Mayor David Brown’s travel expenses total $2,910.63 since taking office in 2004, which on a per-year basis is less than has been spent so far by councilors Dave Norris and Julian Taliaferro, who took office in 2006.

Of those city school officials planning to go on the trip was Kollmansperger’s colleague and School Board chairman Alvin Edwards, who was up for re-election in a race with four seats up for grabs. Whether or not the move was political, Edwards was re-elected by a mere 518 votes and joined Mayor David Brown and Superintendent Rosa S. Atkins on the trip. Vice Mayor Kendra Hamilton and Assistant Superintendent Gertrude Ivory were slated to go on the trip but, after much debate, decided not to attend.

"All in all, it was unfortunate," says city spokesman Ric Barrick, noting that Brown said Council will try to be more sensitive to the public’s reaction about the use of city funds. "Still, I don’t get the sense that people regret the trip."

Each year, Council has a subset travel budget approved in the overall annual budget. This year, Council set aside $10,000 for travel relating to city business, according to Council Secretary Jeanne Cox. Through Brown’s expenses on this most recent trip, Council has spent $3, 592.49 of the funds budgeted for this year. Only Brown’s airfare for the six- day trip to Italy is covered, costing $911.43.

This marks the second time that Brown has traveled overseas for a business trip. In May 2006, Brown jetted to Charlottesville’s other sister city, Plevin, Bulgaria, for a cool $1, 413.92 in city funds. To date, Brown’s travel expenses total $2,910.63 since taking office in 2004.

City-sponsored travel, however, is not just limited to the Mayor. Looking at the current Council, councilors Hamilton, Dave Norris and Julian Taliaferro have taken their fair share of trips as well. Even though Hamilton announced she would not go on the Italian trip last week, she caught a glimpse of Poggio a Caiano in 2004 for a cost of $1,226.49. Since being elected to Council in 2006, Norris has taken four trips to conferences in Virginia Beach, Williamsburg, Washington D.C., and Arkansas at a cost of $2,207.43. Taliaferro has spent slightly more than Norris, with five trips to conferences in locations within the state and in North Carolina, costing the city $2,385.09.

City officials have the option of paying for trips sponsored by the city themselves or through the financing of a private sponsor if they wish, according to Barrick. Atkins’ travel expenses to Italy on the recent controversial city trip, for example, were sponsored by an anonymous donor. Discussing the travel of other city officials, Barrick mentioned that City Manager Gary O’Connell is "very sensitive of public funds" and regularly has opted to "err on the side of caution" by paying for some trips himself. Barrick estimates that Charlottesville’s travel spending is typical of a comparably sized city.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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Bowers' attorney must pay UVA

Dena Bowers’ $1 million lawsuit against UVA for her firing in late 2005 is now in the hands of the Fourth Circuit Court of Appeals, following a decision by a lower court judge that threw out most of Bowers’ First Amendment claims. But serious legal conflict between attorneys on both sides of the case continues at the U.S. District Court: Bowers’ attorney, Deborah Wyatt, is appealing a $4,150 sanction imposed on her by U.S. Magistrate Judge James G. Welsh, who found in October that Wyatt submitted affidavits in the case that showed "reckless disregard for accuracy" and filed a document that "demonstrates an abject failure to exercise rudimentary legal judgment."


A magistrate judge ordered attorney Deborah Wyatt to pay $4,150 to UVA for sanctions related to the Dena Bowers lawsuit.

Previous coverage:

"I can’t say I don’t get some pleasure out of mixing it up"
Debbie Wyatt, the local courts’ inconvenient woman, prepares to retire

Dena Bowers’ appeal set for January
Lawsuit like seeing the backside of good restaurant, says attorney

Congrats: You’ve been reassigned!
UVA dissenter files FOIAs and gets a new job description

Whose e-mail is it, anyway?
Recent cases—William Beebe, Dena Bowers and now the firing of U.S. attorneys—highlight the troubling, often murky issues around e-mail and privacy

Office e-mail: what’s the deal?
Bowers case touches on legal grey area

Judge hears arguments in Bowers case
Bowers seeking jury judgment in $1M wrongful firing suit

Bowers will reveal co-critics
Civil rights case proceeds after stalemate

Court hears argument to dismiss in Bowers case
Former UVA employee’s lawyer criticizes early use of documents

Bowers case to move into federal court
U.S. District Court a common playing field for UVA

Terminated employee files suit
Bowers seeking $1 million in e-mail controversy case

The University’s attorneys continued to pursue sanctions even after the Bowers case left district court in April. Sanctions are used to punish abuse of the judicial process. UVA attorneys argued that Wyatt had submitted reams and reams of motions and evidence in bad faith, that Wyatt’s courtroom behavior was equivalent to a "legal temper tantrum," and that UVA should be awarded legal fees of $6,250. University attorneys also wanted sanctions against Bowers, but Welsh only ruled against Wyatt, finding that certain filings "demonstrate clearly and convincingly a failure to exercise legal judgment, recklessly [sic] preparation, advancement of multiple submission and contentions made without any realistic hope of prevailing, and an apparent intent to obfuscate and to delay."

U.S. District Court Judge Norman K. Moon directed all matters relating to the sanctions to Welsh, citing a January order that states that all "pretrial motions and issues" would be directed to Welsh for motion. In her appeal, Wyatt argues these matters cannot be considered "pretrial" since there was no trial and so Welsh has no jurisdiction for handling these "post-judgment" motions for sanctions.

"It is my belief that magistrate judges do not have authority to resolve sanctions motions," says Neal Walters, a lawyer with the Scott Kroner law firm who served as co-counsel with Wyatt briefly until a conflict with UVA forced him to step down from the case. "As a lawyer, I don’t buy the argument when there is never a trial, everything is pretrial. Even though it may have arisen pretrial, if the case is now done it can’t possibly be pretrial at this point."

Another part of Wyatt’s appeal is that the first sanctions hearing was held without Wyatt herself present. Due to a clerical error, the hearing was scheduled for July 19 on the court memorandum but appeared as June 19 on the official court docket. On June 19, UVA’s attorneys were present for the hearing and presented arguments for sanctions, according to UVA spokesperson Carol Wood. All record of this hearing, however, was erased when Welsh noted the scheduling contradiction and acknowledged Wyatt’s absence. Wood says that all comments made at the June 19 hearing were similar to those made at a later date when both parties were present, but Wyatt is concerned in her sanctions appeal that records of the June 19 hearing were stricken. According to Wyatt, statements made in her absence could have been derogatory of her courtroom performance and might predispose the judge to rule for sanctions.

"It seems unusual to me that a record of a hearing, even if it was determined that the hearing was held improperly, disappears quickly," says Walters. "That anything was even said at all becomes very odd, and the fact that then the record of what was said was eliminated becomes stranger still."

Wyatt says she disagrees with "virtually everything" that Welsh has ruled on the matter. "To my knowledge, there’s nothing that I did that was improper or violated any rule," says Wyatt. "I felt that I played more by the rules than the other side." UVA would not comment, according to Wood, citing its policy not to discuss ongoing legal matters.

According to Walters, there are two ways, as a lawyer, to view sanctions imposed on attorneys: "They are either a very smart way to reign in frivolous litigation, or they are a draconian tool to punish people who are challenging the establishment."

***

Update: Tuesday, November 6

Deborah Wyatt now has more on her plate than the $4,150 in sanctions: According to a press release from Alan Silber of the Virginia Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers, Wyatt is charged with five counts of “embracery,” an attempt to influence a jury. The charges arise from Wyatt’s defense of Ernest Charles Erickson, a man charged with one felony and one misdemeanor hit-and-run stemming from accidents a few hundred feet apart. Erickson was indicted and ultimately acquitted during his trial.

Wyatt is accused of calling three jurors on the evening before they were scheduled to meet in the Albemarle County District Court to discuss whether evidence against Erickson merited a trial. Two additional charges stem from accusations that Wyatt attempted to contact two additional jurors at the courthouse the following day. Wyatt claims that she had hoped to offer herself as a witness to each juror because she hoped to testify to Erickson’s history of seizures.

The case was initiated by Commonwealth’s Attorney Jim Camblos, who was contacted by jurors in the Erickson case. Camblos asked that a special prosecutor be appointed to look into the claims. The indictments against Wyatt were sealed until Monday, November 5, one day before County voters went to the polls in an election for Commonwealth’s attorney, while the Virginia Bar Association reviewed the case and while Wyatt concluded her work on criminal cases. Wyatt and her lawyer, John Zwerling, have filed a motion to dismiss the charges, and will appear in court on November 14. A jury trial has been set for December 18 and 19.—Brendan Fitzgerald

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Dena Bowers' appeal set for January

In a $1 million lawsuit nearly two years in the making, the appeal of Dena Bowers’ case against UVA is set to begin oral arguments in January 2008.

Previous coverage:

"I can’t say I don’t get some pleasure out of mixing it up"
Debbie Wyatt, the local courts’ inconvenient woman, prepares to retire

Bowers set to appeal
Attorneys hope to bring back free-speech arguments

Bowers case to move into federal court
U.S. District Court a common playing field for UVA

Restructuring arrives July 1
SUUVA questions changes in human resources policy

Terminated employee files suit
Bowers seeking $1 million in e-mail controversy case

Dena Bowers, a former recruiter in the University’s personnel department, was fired in late 2005 after a message, sent from her work e-mail account with attachments from the NAACP, was widely distributed among UVA staff. The attachments were critical of potential changes to the University’s pay scale as a result of the chartered restructuring plan that it was considering at the time. Restructuring legislation passed in July 2006.

Bowers’ lawsuit alleges that UVA violated her First Amendment rights by firing her in retaliation against the statements found in the attachments to her e-mail. It also alleges that she was not given proper due process when she was not told of the charges against her before she was fired.

In March, U.S. District Court Judge Norman K. Moon stripped the case of nearly all the First Amendment claims. The only charge remaining for Bowers’ attorney, Deborah Wyatt, to pursue was whether she had the opportunity to speak on the day of her firing. Calling this the least important of the claims against the University, Wyatt filed an appeal to pursue the dropped claims with the Fourth Circuit Court of Appeals in Richmond.

"This whole experience was like seeing the backside of a really good restaurant," says Wyatt of investigating UVA in the Bowers case. "It’s a good restaurant, but when you go back there, you see how they use some rotten eggs, and they reuse this and pick something from the floor. I’ve really seen that yuck stuff."


Dena Bowers’ fate is now in the hands of the U.S. Court of Appeals for the Fourth Circuit.

Since the start of this case, Wyatt says she has heard from a number of University employees who claim that the school, because of positions they have taken or speeches they have given, has treated them poorly. As she has not taken on any additional cases, Wyatt has put her full professional concentration on this lawsuit. She, however, still says she plans to retire after it is finally decided.

"All we want to do is win," says Wyatt, stressing the importance of the case. "Even if it’s five years from now. We want to win."

After the appeal goes to the Fourth Circuit Court, the judge can either decide to agree with the lower District Court’s decision, ending the case, or rule in favor of Bowers. Both sides completed filing briefs in September and are prepared for the upcoming hearing, according to Wyatt. Now it’s just a waiting game until arguments start early next year.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.