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Mary Kay Letourneau
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Mary Kay Letourneau
Born
Mary Katherine Schmitz
(1962-01-30) January 30, 1962 (age 56)
Tustin, California, U.S.
Other names
Mary Kay Fualaau
Spouse(s)
Steve Letourneau,
(m. 1984; div. 1999)
Vili Fualaau,
(m. 2005)
Children
6
Parent(s)
John G. Schmitz and Mary E. Schmitz (née Suehr)
Relatives
John P. Schmitz and Joseph E. Schmitz (brothers), four other siblings and two half-siblings
Mary Kay Fualaau (née Schmitz, formerly Mary Kay Letourneau; born January 30, 1962) is an American former schoolteacher who pleaded guilty to two counts of felony second-degree rape of a child, her 12-year-old student, Vili Fualaau. While awaiting sentencing, she gave birth to Fualaau's child. Her plea agreement called for six months in jail, with three months suspended, and no contact with Fualaau for life. The case gained national attention.
Shortly after her three-month stint in jail, Letourneau was caught by police having sex with Fualaau in a car. Judge Linda Lau found that she was in violation of the conditions of the plea agreement, vacated her probation, and re-sentenced her to the maximum of seven years in prison. She soon gave birth to a second daughter, while in prison. She was incarcerated from 1998 to 2004.
When Letourneau was released in 2004, Fualaau, by then over 18 years old, asked the court to dissolve the no-contact order. Judge Lau complied. Letourneau and Fualaau married in May 2005, and she took his last name.[1][2] In May 2017, Fualaau filed for legal separation, though he later withdrew the request.
Contents
1 Early life and education
2 Marriage to Letourneau
3 Crime, trial, and conviction
4 Release from prison and marriage to Fualaau
5 In popular culture
6 See also
7 References
8 External links
Early life and education[edit]
Mary Katherine Schmitz was born in 1962 in Tustin, California, the daughter of Mary E. (née Suehr), a chemist, and John G. Schmitz (1930–2001), a university professor.[3][4] She was known as Mary Kay to her family and called "Cake" by her father.[5] She was the fourth of seven children, raised in a "strict Catholic household."[5][6] When Mary Kay was two years old, her father began his political career and successfully ran as a Republican for a seat in the state legislature.[6] He held positions as a California state senator and U.S. Congressman, winning a special election for an unexpired term in 1970 and the general election later that year. After a primary defeat in 1972, he changed parties and ran for president as an ultra-conservative American Independent Party candidate in the 1972 U.S. presidential election.[7][8]
In 1973, her three-year-old brother drowned in the family pool at their home in the Spyglass Hill section of Corona del Mar, California. Although the death was ruled accidental and no one held responsible, Mary Kay often blamed herself as she promised to look after her brother, and was the first to report to her parents the boy was not breathing.[7]
She attended Cornelia Connelly High School, an all-girls' Catholic school in Anaheim, California, where she was a member of the cheerleading squad for Servite High School. During her high school years, she was reported to have "liked parties, boys, and traveling."[9] She was also a student at Arizona State University, where it was claimed she was a "party-animal."[9]
In 1978, her father was elected once again as a Republican to the California State Senate. He intended to run for the U.S. Senate in 1982, but his political career was permanently damaged that year when it was revealed that he had fathered two children out of wedlock during an affair with a former student at Santa Ana College, where he had taught political science.[10] Her father's affair caused her parents to separate, but they later reconciled. According to friends, Mary Kay felt betrayed and thought her mother was a cold person who "drove him to it" by denying her father affection.[4][11]
Her brother John Patrick Schmitz was the deputy counsel to President George H. W. Bush.[8] Her other brother, Joseph E. Schmitz, was Inspector General of the U.S. Department of Defense under George W. Bush,[12] was a senior executive with Blackwater Worldwide, and is a foreign policy adviser to President Donald Trump.[13]
Marriage to Letourneau[edit]
While attending Arizona State University, Mary Kay Schmitz met and married fellow student Steve Letourneau. They had four children. Their first child was conceived while she was a student at Arizona State.[14] She said that she was not in love with Steve and married him after being urged to do so by her parents. The couple left the university[15] and moved to Anchorage, Alaska, where Steve found work as a baggage handler for Alaska Airlines.[15] After a year in Alaska, her husband was transferred to Seattle, Washington, and she gave birth to their second child. Her husband attended night classes at Seattle University and graduated in 1989. Later, Mary Kay began teaching second grade at Shorewood Elementary School in the Seattle suburb of Burien.
The Letourneaus' marriage reportedly suffered; they had financial problems and both participated in extramarital affairs.[15] Her attorney, former neighbor, and friend David Gehrke, said that she was "emotionally and physically abused by her husband" during their marriage, and twice "went to the hospital for treatment, and police were called," although no charges were ever filed. She gave birth to two more children.[16] While incarcerated for child rape in May 1999, she divorced her husband, and he gained custody of their four children.[17]
Crime, trial, and conviction[edit]
Vili Fualaau was one of the students in Letourneau's second-grade class at Shorewood Elementary School in Burien, Washington.[18] Fualaau was born in 1983 and is Samoan-American.[19] Letourneau later taught a sixth-grade class in which Fualaau was also a student. When she was 34 in 1996, her relationship with the 12-year-old Fualaau turned from friendship to sexual in the summer of that year.[20] Letourneau was arrested in March 1997 after a relative of her husband Steve contacted the police.[21][22] Her first child with Fualaau, a daughter, was born in May 1997 while Letourneau awaited the conclusion of her trial.[23]
She pleaded guilty and was convicted of two counts of second-degree child rape. She was sentenced to six months (three of which were suspended) in the county jail and three years of sex offender treatment.[24] At that time, she was not required to register as a sex offender, and, as long as she complied with the terms of her plea agreement, she would not be required to serve any additional time in jail.[24] As part of her plea bargain, Letourneau agreed to avoid any further contact with Fualaau.[24]
On February 3, 1998,[25] two weeks after completing her jail sentence, Letourneau was found having sexual relations with Fualaau in her car[26] and was impregnated a second time by Fualaau.[18] She was arrested and police found $6,200 in cash, baby clothes, and her passport inside the car.[26] Letourneau was sentenced to seven-and-a-half years in state prison for violating the terms of her probation.[26]
In October 1998, while serving her sentence, Letourneau gave birth to her second daughter by Fualaau.[21] That year, Letourneau and Fualaau co-authored a book, which was published in France, called Only One Crime, Love (French: Un seul crime, l'amour).[21] In 1999 a second book appeared, this one published in the United States, but written with only minimal cooperation from her (and none from Fualaau):[27] If Loving You Is Wrong.[28] During her imprisonment, Letourneau was allowed visits from her children but was denied permission to attend her father's funeral.[29] While in prison Letourneau tutored fellow inmates, created audio books for blind readers, participated in the prison choir and "rarely missed Mass."[21] Because of her notoriety, Letourneau was unpopular with other inmates, "sassed guards and balked at work" and, reportedly as punishment for this, spent "18 of her first 24 months" in solitary confinement.[21]
In 2002, Fualaau's family sued the Highline School District and the city of Des Moines, Washington, for emotional suffering, lost wages, and the costs of rearing his two children, claiming the school and the Des Moines Police Department had failed to protect him from Letourneau.[30] Following a ten-week trial, the defendants prevailed and no damages were awarded. Attorney Anne Bremner represented the Des Moines Police Department. Lawyer Michael Patterson represented the Highline School District.[31]
Letourneau was released to a community placement program on August 4, 2004, and the following day she registered with the King County Sheriff's Office as a Level 2 sex offender.[20]
Release from prison and marriage to Fualaau[edit]
After Letourneau's release from prison in 2004, Fualaau, then age 21, filed a motion in court, requesting a reversal of the no-contact order against Letourneau.[20] A few days later the request was granted.[32] Letourneau and Fualaau were married on May 20, 2005, in the city of Woodinville, Washington, in a ceremony at the Columbia Winery.[2] Exclusive access to the wedding was given to the television show Entertainment Tonight,[2] and photographs were released through other media outlets. Letourneau said she planned to have another child and return to the teaching profession and indicated that by law she was permitted to teach at private schools and community colleges.[33]
Letourneau and her husband were the DJ and hosts for three "Hot for Teacher Night" promotions at a Seattle night club.[34][35] During an Inside Edition interview, Fualaau said, "I'm not a victim. I'm not ashamed of being a father. I'm not ashamed of being in love with Mary Kay."[36] Attorney Anne Bremner, who met Letourneau in 2002 during Fualaau's civil suit, said that Letourneau considered her affair with Fualaau to be "eternal and endless". According to Bremner, "Nothing could have kept the two of them apart."[20]
On May 9, 2017, after almost 12 years of marriage, Fualaau filed for separation from Letourneau.[37] Fualaau later withdrew the separation filing, and the two are still married.[38]
In popular culture[edit]
Letourneau's story was recounted in the 2000 TV movie All-American Girl: The Mary Kay Letourneau Story.
The Court TV (now TruTV) television series Mugshots released an episode on Letourneau's case titled "Mary K. Letourneau and Vili Fualaau".[39]
The TV series Barbara Walters Presents American Scandals covered the case in December 2015. Walters interviewed the couple about their relationship and their two daughters.[40][41]
A&E Mary Kay Letourneau: Autobiography Mary's views of the Marry & Villi relationship.
See also[edit]
Seattle portal
Biography portal
Criminal justice portal
Debra Lafave
List of teachers who married their students
Pamela Rogers Turner
Sexual abuse
Sexual harassment in education
References[edit]
Notes
Jump up ^ Wilson, Kimberly A.C. (March 18, 1999). "Letourneau May Be Transferred to Out-of-State Prison". Local. Seattle Post-Intelligencer. Retrieved May 11, 2009. [permanent dead link]
^ Jump up to: a b c "Letourneau Marries Fualaau Amid Media Circus". Local. Seattle Post-Intelligencer. May 21, 2005. Retrieved May 11, 2009.
Jump up ^ "California Births, 1905–1995". Family Tree Legends Records Collection (Online database). Pearl Street Software. 2005. Retrieved May 11, 2009.
^ Jump up to: a b Warrick, Pamela (April 29, 1998). "The Fall from Spyglass Hill". Los Angeles Times. p. 4. Retrieved October 22, 2009.
^ Jump up to: a b "Mary Kay Letourneau's Father Dies". Local. Seattle Post-Intelligencer. January 12, 2001. Retrieved May 12, 2009. [permanent dead link]
^ Jump up to: a b Noe, Denise. "The Politician's Family". Mary Kay Letourneau: The Romance that Was a Crime. Archived from the original on January 7, 2014 – via truTV.com Crime Library.
^ Jump up to: a b Warrick, Pamela (April 29, 1998). "The Fall from Spyglass Hill". Los Angeles Times. p. 3. Retrieved October 22, 2009.
^ Jump up to: a b Bernstein, Adam (January 12, 2001). "Conservative GOP Congressman John G. Schmitz, 70, Dies". The Washington Post. p. B7.
^ Jump up to: a b Noe, Denise. "The Politician's Family". Mary Kay Letourneau: The Romance that Was a Crime – via TruTV.com Crime Library.
Jump up ^ Stadler, Matthew (June 1998). "Statutory Rape, A Love Story". Spin. Vol. 14 no. 6. pp. 112–125 at 124.
Jump up ^ Noe, Denise. "Scandal of the Second Family". Mary Kay Letourneau: The Romance that Was a Crime. Archived from the original on January 7, 2014 – via TruTV.com Crime Library.
Jump up ^ Staff Writer. "Joseph E. Schmitz". NNDB. NNDB.
Jump up ^ "Donald Trump's Top Foreign Adviser, Joseph Schmitz, is a former Blackwater Executive". democracynow.org.
Jump up ^ Ph.D, Steven Chermak; Ph.D, Frankie Y. Bailey (25 January 2016). Crimes of the Centuries: Notorious Crimes, Criminals, and Criminal Trials in American History [3 volumes]. ABC-CLIO. Retrieved 5 April 2017.
^ Jump up to: a b c Noe, Denise. "Marrying Mr. Right Now". Mary Kay Letourneau: The Romance that Was a Crime. Archived from the original on January 7, 2014 – via TruTV.com Crime Library.
Jump up ^ Warrick, Pamela (April 29, 1998). "The Fall from Spyglass Hill". Los Angeles Times. p. 6. Retrieved October 22, 2009.
Jump up ^ Hatcher, Candy (April 19, 2000). "Letourneau Can Profit from Story, Appeals Court Rules". Seattle Post-Intelligencer. [permanent dead link]
^ Jump up to: a b Gartner, Richard B. (1999). "Encoding Sexual Abuse as Sexual Initiation". Betrayed as Boys: Psychodynamic Treatment of Sexually Abused Men. New York: Guilford Press. p. 45. ISBN 978-1-57230-644-8. LCCN 98055694. OCLC 317520944. Retrieved May 12, 2009 – via Google Books.
Jump up ^ Norwin, Alyssa (April 9, 2015). "Vili Fualaau". hollywoodlife.com.
^ Jump up to: a b c d Skolnik, Sam; Ho, Vanessa (August 5, 2004). "Letourneau Registers as Sex Offender". Local. Seattle Post-Intelligencer. Retrieved May 11, 2009.
^ Jump up to: a b c d e Richard, Jerome (July 26, 2004). "Together Again?". People.
Jump up ^ Morales, Tatiana (August 3, 2004). "What's Next For LeTourneau?". The Early Show. CBS. Retrieved June 1, 2009.
Jump up ^ McAfee, Tierney (10 April 2015). "Mary Kay Letourneau Reveals First Sexual Encounter with Vili Fualaau". PEOPLE.com. Time Inc. Retrieved 5 April 2017.
^ Jump up to: a b c Stennis, Joe, Jr. (July 2006). "Equal Protection Dilemma: Why Male Adolescent Students Need Federal Protection from Adult Female Teachers Who Prey on Them". Journal of Law and Education. Vol. 35 no. 3. pp. 355+. Retrieved October 3, 2010 – via HeinOnline.
Jump up ^ Noe, Denise. "The Deal Goes Dude". Mary K. Letourneau Facts of the Case. Archived from the original on April 21, 2012. Retrieved May 21, 2012 – via TruTV.com Crime Library.
^ Jump up to: a b c Stadler, Matthew (June 1998). "Statutory Rape, A Love Story". Spin. Vol. 1 no. 6. pp. 112–125 at 124–125.
Jump up ^ Bunn, Austin (January 27, 2000). "Prisoner of Love". Salon. Retrieved July 24, 2015.
Jump up ^ Olsen, Gregg (1999). If Loving You Is Wrong. New York: St. Martin's Press. ISBN 0312970129. [page needed]
Jump up ^ "Mary K. Letourneau's Father Dies: She Won't Get to Attend Funeral". Local. Seattle Post-Intelligencer. January 11, 2001. Retrieved May 12, 2009. [permanent dead link]
Jump up ^ Johnson, Tracy (March 22, 2002). "Fualaau's Suit Says He Wasn't Protected from Letourneau". Local. Seattle Post-Intelligencer. Retrieved May 11, 2009.
Jump up ^ Skolnik, Sam (May 21, 2002). "Schools, Police Absolved in Fualaau Case". Local. Seattle Post-Intelligencer. Retrieved May 11, 2009.
Jump up ^ "Letourneau Now Allowed to See Former Student". Local. Seattle Post-Intelligencer. August 7, 2004. Retrieved May 11, 2009.
Jump up ^ "Letourneau and Fualaau, One Year Later". Dateline NBC. NBC. June 2, 2006. Retrieved January 21, 2010.
Jump up ^ "Letourneau, Young Spouse to Host 'Hot for Teacher' Night". The Seattle Times. Associated Press. May 21, 2009. Archived from the original on May 25, 2009. Retrieved June 7, 2009.
Jump up ^ McNerthney, Casey (May 24, 2009). "Inside the Mary Kay Letourneau 'Hot For Teacher' Night". The Big Blog. Seattle Post-Intelligencer. Retrieved June 7, 2009.
Jump up ^ CBS News: What's Next for LeTuorneau? Archived November 4, 2013, at the Wayback Machine.
Jump up ^ Kristina Sgueglia (May 31, 2017). "Husband files for separation from former teacher Mary Kay Letourneau". CNN. Retrieved 4 June 2017.
Jump up ^ "Mary Kay Letourneau's Husband, Vili Fualaau, Arrested for DUI: Report". yahoo.com. March 30, 2018.
Jump up ^ "Mugshots - Mary K. Letourneau and Vili Fualaau". Dailymotion. 5 October 2014. Retrieved 24 October 2017.
Jump up ^ "Mary Kay Letourneau: Forbidden Love | Barbara Walters Presents | Investigation Discovery GO". Investigation Discovery GO. 21 December 2015. Retrieved 5 April 2017.
Jump up ^ "Barbara Walters Presents American Scandals - Season 1 Episode 8: Mary Kay Letourneau: Forbidden Love". TVBuzer. Retrieved 5 April 2017.
Further reading
Letourneau, Mary Kay; Fualaau, Vili (1999). Un seul crime, l'amour [Only one crime, love] (in French). Paris: Robert Laffont. ISBN 2-221-08812-3.
McElroy, W. (2004). "No panic over school child abuse". Commentary. The Independent Institute. (Request reprint).
Olsen, Gregg (1999). If Loving You is Wrong. New York: St. Martins: True Crime. ISBN 978-1481049016.
Robinson, J. (2001). The Mary Kay Letourneau Affair. Overland Park, KS: Leathers Publishing. ISBN 978-1585970582.
Dress, C. (2004). Mass With Mary: The Prison Years. Trafford, BC: Trafford Publishing. ISBN 978-1412037730.
External links[edit]
Mary Kay Letourneau on IMDb
"Mary Kay Letourneau: All American Girl" at the Internet Movie Database
Double Standard: The Bias Against Male Victims of Sexual Abuse
Educator Sexual Misconduct: A Synthesis of Existing Literature
Crime Library studies of the case
King County Sex Offender search
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Administrative divisions of Virginia
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The administrative divisions of Virginia are the areas into which the Commonwealth of Virginia, a U.S. state, is divided for political and administrative purposes. Some are local governments; others are not. However, all local governments (counties, independent cities, and incorporated towns) are political subdivisions of the state.
According to the 2002 Census of Governments, Virginia ranked 43rd among the 50 states in the number of local governments, with 521 as of June 2002.[1]
Contents
[hide]
1 Counties
2 Cities and towns
2.1 Independent cities
2.1.1 Second class cities
2.2 Towns
2.3 Powers of municipalities
2.3.1 Ordinances
2.3.2 Zoning
2.3.3 Eminent domain and inverse condemnation
3 School divisions
4 Special districts, agencies
5 Other political subdivisions
5.1 Magisterial districts, election districts, and wards
5.2 Boroughs
5.3 Potential political subdivisions
6 Relationships, regional cooperation
7 Annexations, alternatives
7.1 Wave of consolidations, town-to-city conversions
7.2 Generating animosity between neighboring localities
7.3 Richmond: a center of annexation efforts and conflicts
7.4 Methods to avoid annexation fears and conflicts
8 Legal liability of subdivisions and their employees
8.1 Contract liability
8.2 Tort liability
8.2.1 Liability of subdivisions
8.2.2 Liability of employees
9 References
10 External links
Counties[edit]
Main article: List of counties in Virginia
Virginia has 95 counties, covering all of the territory not within the independent cities. Under Virginia law, counties are an arm of the state itself, and exist at the will of the state government.[citation needed] Their populations vary widely; 2010 census population counts ranged from 2,321 for Highland County to 1,081,726 for Fairfax County.[2]
Since Virginia has no civil townships, and since incorporated towns cover such a small area of the state, the county is the de facto local government for much of the state, from rural areas to densely populated unincorporated communities such as Tysons Corner. In fact, Arlington County, while entirely urbanized, has no towns at all; the county is the only general-purpose local government and is thus similar to a unitary authority.[citation needed]
Cities and towns[edit]
Independent cities[edit]
Main article: List of cities in Virginia
Since 1871, all incorporated cities in Virginia have classified as independent cities. This is the most noteworthy aspect of Virginia local government relative to the other 49 states. Of the 41 independent cities in the United States,[3] 38 are in Virginia. The three that are not in Virginia are Baltimore, Maryland; St. Louis, Missouri; and Carson City, Nevada. Cities in Virginia are thus similar to unitary authorities in some countries.
Other municipalities, even though they may be more populous than some existing independent cities, are incorporated as "towns", and as such form part of a county. Eight independent cities had 2010 populations of less than 10,000 with the smallest, Norton, having a population of only 3958.[4] On the other hand, six towns had populations of over 10,000.[4]
An independent city in Virginia may serve as the county seat of an adjacent county, even though the city by definition is not part of that county. An example is Fairfax, which is an independent city as well as the seat of Fairfax County. The United States Census Bureau treats all cities in Virginia as county-equivalents.
A city can be formed from any area with a defined boundary having a population of 5,000 or more. Cities have been formed in the following ways:
An area within a county, which may or may not have been a town previously, incorporates as a city and thus becomes independent. Examples are Falls Church, which separated from Fairfax County, and Virginia Beach, which separated from (and later merged with) Princess Anne County.
A county is converted into a city. An example was the former city of Nansemond, which later merged with Suffolk.
Various local governments consolidate to form a city. An example is Chesapeake, formed from the merger of the independent city of South Norfolk and Norfolk County.
Where the residents of an area of sufficient size wish to incorporate as a city, they must petition the Virginia state legislature to grant them a municipal charter.
Second class cities[edit]
Virginia's independent cities were classified by the Virginia General Assembly in 1871 as cities of the first class and cities of the second class.[5] The Virginia Constitution of 1902 included defined first-class cities as those having a population of 10,000 or more based upon the last census enumeration, while second-class cities were those that had a population of fewer than 10,000.[5] Cities which previously had been granted a city charter, but did not have the requisite population, had their status grandfathered in.[5] Second-class cities did not have a court of record and were required to share the cost of that court with their adjacent county and also shared the cost for three constitutional officers of that court — generally, the clerk, commonwealth's attorney and sheriff — and those shared officers stood for election in both the city and the county.[5] At least two constitutional officers — treasurer and commissioner of the revenue — were required to be elected solely by the residents of the city.[5] The distinction between first- and second-class cities was ended with the Virginia Constitution of 1971.[5] But cities that were classified as second-class cities at the time of the adoption of the 1971 Virginia Constitution were authorized to continue sharing their court system and three constitutional officers with the adjacent county.[5] As of 2003[update], 14 of Virginia's independent cities retain these features.[5]
Towns[edit]
Main article: List of towns in Virginia
Unlike Virginia's cities, and like municipalities in most other states, incorporated towns are municipalities that are within counties. Local government is thus divided between the town and the county. A town can be formed from any area with a defined boundary having a population of 1,000 or more. The method for forming towns is the same as for cities, petitioning the state legislature to grant a charter. As of 2014, there are 191 incorporated towns in Virginia.
Virginia also has unincorporated communities which are also called towns colloquially.
Powers of municipalities[edit]
Under Virginia law, a municipality, whether a city or a town, must have a municipal charter. The charter is a form of contract, and the municipality has no power to act outside of its charter. Usually, a municipality's powers are narrowly construed. This limitation is pursuant to Dillon's Rule, which is observed in Virginia. Typically, the powers thus extended to a municipality usually include the following:
Exercising the general police power to enact and enforce rules and regulations to promote the health, safety, morals, or welfare of its citizens, provided that such rules may not be arbitrary, discriminatory, or unreasonable.
Imposing taxes on its residents, usually in the form of a local property tax or sales tax.
Borrowing money and issuing tax-exempt bonds, with the caveat that bonds generally may not be issued unless they have been authorized by either a ballot vote or a special hearing, and only for the purpose of making capital expenditures.
Acquiring, possessing, and expending the revenue acquired through the above means.
Hiring and firing personnel.
Entering into contracts for the fulfillment of other functions within its powers. However a contract between a municipality and another party to do something outside of its charter is ultra vires, and therefore unenforceable as a nullity.
Acquiring, possessing, and disposing of real property, including through the exercise of the power of eminent domain.
Acquiring, possessing, and disposing of personal property.
Initiating lawsuits.
State law prohibits municipalities from having an amount of outstanding debt greater than 10% of the value of the taxable real estate within that municipality, with a few exceptions made for certain kinds of bonds, particularly those used to fund projects expected to make enough money to repay the bonds within a set time frame. Municipalities are also prohibited from enacting income taxes, but they may impose licensing fees on specific occupations, and the Virginia Supreme Court has held that such licensing fees can be adjusted upwards or downwards to reflect the level of income of a particular business.
Both cities and towns in Virginia have certain functions that are considered "public" functions - such as having police apprehend criminals, or educating children - and others that are considered "private" functions - such as holding a town fair or landscaping around sidewalks on private land. The legal significance of this distinction lies in the liability of the municipality to be sued by someone injured by its employees.
Ordinances[edit]
One of the powers granted by the state to political subdivisions is the power to enact local regulations regarding matters covered by the local charter, called ordinances. In order to pass an ordinance, a locality must provide published notice of the proposed ordinance prior to its enactment, including the text of the ordinance or a reasonable summary thereof, and particularly directed to the attention of residents likely to be affected by it and advising such residents of their ability to object to the proposal. The ordinance must be debated in a public meeting, and passed by a majority vote of the governing body of that subdivision.
Some limitations exist on the power to enact ordinances. The Supreme Court of the United States has held that the United States Constitution requires that laws, including municipal ordinances, may not be arbitrary or discriminatory, and may not be unreasonably vague, so that a resident may be reasonably certain that their conduct conforms to the law. Furthermore, local governments can not delegate the power to enact ordinances to other bodies. However, they may establish fixed and certain standards for carrying out certain activities (such as home building or operating restaurants), and then delegate to subordinate bodies the power to make rules governing how residents can demonstrate compliance with these standards.
A resident who wishes to challenge the validity of an ordinance need not wait until it has been enforced against them (although it may be challenged at that time). Instead, a resident may bring an action for a declaratory judgment alleging that the ordinance is void because it was not properly noticed, goes beyond the county charter, is arbitrary, discriminatory, or unreasonably vague, or that it is preempted by state or federal law. An ordinance will be deemed preempted if it addresses an activity for which the state has prohibited local regulation altogether, or where it is inconsistent with state law. An ordinance may not permit an activity that is expressly prohibited by state law, or prohibits an activity that is expressly permitted by state law. However, if some state regulation exists as to an activity, political subdivisions may impose further regulations on that activity so long as it is possible for a resident to comply with both sets of regulations.
Zoning[edit]
Every municipality is required to maintain a publicly accessible zoning map indicating what parcels of property within the municipality may be used for what purpose. This map must be updated at least every five years. Every municipality is required by state law to have a zoning administrator who oversees the local government's regulatory scheme, and is generally the party responsible for bringing legal actions against zoning violators. Each municipality is also required to have a board of zoning appeals empowered to grant variances and settle boundary disputes. The standard for granting of variances is that the party requesting the variance faces an unnecessary hardship unique to that party, but that adjacent property will not suffer a substantial detriment, and the character of the district will not be changed. The board may also grant special use permits allowing a property owner to use a property for a purpose that is neither specifically permitted nor specifically prohibited within a particular zoning area, and such permits may be conditioned on the property owner making concessions such as improving roads leading into the property, providing street lighting in the area, or setting aside a certain amount of land for public use. The board of zoning appeals may be appealed to the local Circuit Court if such an appeal is filed within 30 days of the zoning board decision, and from there decisions may be appealed directly to the Virginia Supreme Court.
Eminent domain and inverse condemnation[edit]
A political subdivision may exercise eminent domain against property in its jurisdiction, provided that it comports with the requirements set forth by Virginia law. All localities are empowered by their charters to acquire property through condemnation. In order to effect such a seizure of property, the local government must demonstrate that a public need for the property exists, which must be declared in a resolution or ordinance passed through the usual process for passing ordinances. The locality must make a good-faith offer to purchase the land at a value appraised by the city.
Following the United States Supreme Court decision in Kelo v. City of New London, the Virginia legislature enacted limitations on the purposes for which property could be taken, specifying that public uses include government offices, utilities, and prevention of urban blight, and excluding the condemnation of property for the purpose of giving it to private parties.
The government, in asserting eminent domain, must pay the owner the fair market value of that land. If the government takes only part of the property, it must pay both the value of the land that was taken, plus any decrease in the market value of the remaining portion (called the "residue"). A person who contests the value assessed for such a taking is entitled to empanel a committee of jurors to determine the fair value. A resident can also seek compensation for damage to the value of real property arising out of government activity through an action for inverse condemnation. The immunity to suit generally enjoyed by local governments does not apply to such actions, pursuant to the Fifth Amendment to the United States Constitution as incorporated by the Supreme Court.
School divisions[edit]
Main article: List of school divisions in Virginia
A school division is the area under a jurisdiction of a school board. Unlike school districts in most other states, Virginia's school divisions are not completely separate units of local government. This is because no school division has taxing authority. Instead, they are dependent upon their associated city, town, or county governments for at least a portion of their funding. Additional funds may come directly to a school division, typically from state and federal sources.
Special districts, agencies[edit]
While special districts exist in Virginia, they are generally less important than in other states. As of June 2002, Virginia had 196 special-district governments, as well as numerous special agencies, areas, and districts that were subordinate to the state or to a county, city, or town government.
Several examples of the many special districts and agencies created as political subdivisions for specific purposes are:
Richmond-Petersburg Turnpike Authority, formed in 1955, which sold toll revenue bonds, built and operated the Richmond-Petersburg Turnpike, and collected tolls until 1973, when its duties where assumed by another state agency by an Act of the General Assembly.
Chesapeake Bay Bridge and Tunnel District which built and operates the Chesapeake Bay Bridge-Tunnel, a 23-mile-long (37 km) bridge-tunnel facility which crosses the mouth of the Chesapeake Bay, entirely located within Virginia.
Central Virginia Waste Management Authority (CVWMA), formed in 1990 to coordinate recycling and waste management programs for thirteen localities in central Virginia.
Airport authorities, such as the Peninsula Airport Commission, which owns and operates the Newport News/Williamsburg International Airport in Newport News.
Virginia Housing Development Authority (VHDA), a self-supporting, not-for-profit organization created by the Commonwealth of Virginia in 1972, to help Virginians attain quality, affordable housing.
An exception is the Washington Metropolitan Area Transit Authority. Although it serves suburbs in Virginia (and Maryland), the Census Bureau counts it as a District of Columbia special district for statistical purposes.
Other political subdivisions[edit]
Magisterial districts, election districts, and wards[edit]
Main article: List of magisterial districts in Virginia
Magisterial districts, election districts, and wards are minor civil divisions established for elections, administrative functions, or both. They are not separate units of local government.
Boroughs[edit]
Under Code of Virginia § 15.2-3534,[6] when multiple local governments consolidate to form a consolidated city, the consolidated city may be divided into geographical subdivisions called "boroughs", which may be the same as the existing (i) cities, (ii) counties, or (iii) portions of such counties. Those boroughs are not separate local governments.
For example, Chesapeake is divided into six boroughs, one corresponding to the former city of South Norfolk and one corresponding to each of the five magisterial districts of the former Norfolk County.[7] Suffolk is divided into seven boroughs, one corresponding to the former city of Suffolk and one corresponding to each of the six magisterial districts of the former Nansemond County.[8] In Virginia Beach, the seven boroughs were abolished effective July 1, 1998.[9]
Potential political subdivisions[edit]
State statute provides that when multiple local governments consolidate, existing political subdivisions may continue in existence as townships (not to be confused with civil townships in those states that have them), tier-cities, or shires. However, none have yet been created.
Relationships, regional cooperation[edit]
Various political subdivisions may do business with each other and the state and federal government in a manner similar to private individuals, limited partnerships, and corporations, with the notable exception that some restrictions may apply with regards to public information, competitive bidding, personal use of government-owned property, vehicles, resources, etc.
In recent years, Virginia has tried to encourage regional cooperation among localities. Special favorable funding for regional jails has been one area were incentives have encouraged such efforts. However, Virginia's annexation laws and past experiences have long been felt by many leaders to be a barrier to regional cooperation among localities.
Annexations, alternatives[edit]
Expansion of borders through annexation suits against neighboring counties and incorporated towns has long been a method available to the independent cities to grow, with incorporated towns also able to take such actions against counties. Since the years of the Byrd Organization, state funding formulas have tended to favor rural areas, and growth through annexation was seen as a counter-measure financially by many cities and towns. However, such actions are often controversial and in some cases, have resulted in protracted and costly legal proceedings. They also often leave residents of an annexed area feeling that they had no say in the process.
Wave of consolidations, town-to-city conversions[edit]
Partially because independent cities are immune from annexation by adjacent localities, an action much-feared by those in many communities, in the mid 20th century, a wave of consolidations of local governments led to almost the entire southeastern portion of Virginia progressively becoming a web of adjoining independent cities. Many incorporated (formally constituted) localities, including counties, cities, and towns, some over 250 years old, became legally extinct between 1952 and 1975. A law passed by the General Assembly in 1960 allowed any city and adjacent county to consolidate by mutual agreement. Of the 10 current independent cities of the Hampton Roads region, fully 8 of them adjoin others. In the region, only the cities of Franklin and Williamsburg are surrounded by traditional counties.
This transition left the region with some oddities, such as the entire Virginia portion of the Great Dismal Swamp being located entirely within cities (Chesapeake and Suffolk) and the rise of Virginia Beach to the most populous city in the state (usurping Norfolk), even though it lacks the urban characteristics typically associated with large cities. It was noted by some academicians[who?] that the primary motivation for the changes in most, if a not all instances, was fear of annexation, rather than more positive factors.
Generating animosity between neighboring localities[edit]
While the mass conversion to independent cities such as occurred in the Hampton Roads region did not repeat elsewhere in the state, city-county annexations have generally created more conflicts and been a barrier to future regional cooperation than those of towns and counties. This may be because the individuals of the latter groups realize from the outset that they will be required to continue to work together afterward (since all towns are within counties).
Richmond: a center of annexation efforts and conflicts[edit]
The City of Richmond grew by annexations, contested and not, of portions of both Henrico and Chesterfield counties throughout its history.
In 1940, the City of Richmond annexed 10 square miles (26 km2) of Henrico County. In the two decades that followed, the little bedroom community known as Henrico County began to shape its own identity. When the City of Richmond decided once again that they needed to expand, things had changed.
In 1959, there were just over 107,000 residents in Henrico County. By 1965 that number had increased by nearly 40,000. Nationwide, urban flight was on the rise as people flocked to neighboring counties. As a result, Virginia’s cities began to look across their borders for much needed tax relief.
In the late 1950s and early 60s, annexing just a small portion of a neighboring county became largely a thing of the past. In order to meet the needs of their growing populations, some cities and counties throughout Virginia began to merge entirely (through the consolidation process enabled by the 1960 Virginia General Assembly).
In 1959, local business owners in the City of Richmond reacted to the statewide trend, and jump-started the process toward a consolidation agreement with Henrico County. In attempt to reach a mutual agreement, each locality appointed three negotiators to represent its interests. Once a plan was agreed upon, the citizens of both Richmond and Henrico were asked to approve the merger in a vote, held on December 12, 1961. The merger failed at the polls, and just two weeks later, on December 27, 1961, Richmond City Council filed suit to annex 142 square miles (370 km2) of Henrico County.
It would take more than three years for the special annexation court to announce its decision. Finally, on April 27, 1964, the court ruled in favor of the City of Richmond, but it only awarded the city 17 square miles (44 km2) of the 142 square miles (370 km2) that it had requested. The City of Richmond then declined to accept and pay for the land that was awarded in the annexation.
During the years that followed, Henrico County was granted immunity from the threat of annexation and consolidation, a State law that is still in force today.
More problems and hard feelings arose from a Richmond-Chesterfield case which began in 1965; they were later used as prime examples of obstacles to regional cooperation as the state legislators have considered changes. The resulting 1970 annexation was exceptionally controversial and took more than seven years to be resolved in court.
In that case, while the annexation lawsuit filed by Richmond in 1965 was being heard, with the city seeking 51 square miles (132 km2) of the county, the leaders of the two jurisdictions, Irvin G. Horner, the chairman of the Chesterfield County Board of Supervisors, and Phil J. Bagley, Jr., the mayor of the City of Richmond, met privately and agreed to this compromise.
In May 1969, the Horner-Bagley Compromise, as it came to be called, was approved by the county and city and incorporated in a court decree of July 12, 1969. This effectively shut out a number of third parties attempting to block the annexation, who felt they had been excluded from the process. An example among these was a small commuter bus company holding an operating rights in the county, whereas the city granted its bus franchise to a competitor. Taxicab operators were similarly impacted. More significantly, 47,000 people found themselves living in a different jurisdiction without a public referendum.
The Chesterfield-Richmond annexation agreement resulted in Richmond receiving 23 square miles (60 km2) of the county, as well as fire stations, parks, and other infrastructure such as water and sewer lines. Under the agreement, approximately a dozen public schools, support buildings, and future school sites were conveyed to the City of Richmond to be operated by Richmond Public Schools. Compounding the unhappiness of many of the residents of the annexed area was the fact that Richmond Public Schools was already involved in a desegregation lawsuit in the U.S. Federal Courts. The schools involved in the annexed area included the Huguenot High School, the Fred D. Thompson Middle School, the Elkhardt Middle School, and eight elementary schools. In 1971, these schools were included in a court-ordered desegregation busing program, which was finally ceased sometime during the 1990s.
Many of the 47,000 residents who lived in the annexed area of the compromise of 1970 had been opposed to the annexation. They fought unsuccessfully for over seven years in the courts to have the annexation reversed, and ruefully called it the 23 square miles (60 km2) zone "Occupied Chesterfield."
At the same time, black plaintiffs who had lived in the city prior to the annexation claimed a violation of the National Voting Rights Act of 1965. The claim was that their voting power had been deliberately diminished by the attempts of city leaders to add white voters and dilute to black vote. The pre-annexation population of the city as of 1970 was 202,359, of which 104,207 or 52% were black citizens. The annexation added to the city 47,262 people, of whom 1,557 were black and 45,705 were non-black. The post-annexation population of the city was therefore 249,621, of which 105,764 or 42% were black. The plaintiffs prevailed in court by creation of a ward system which guaranteed black voters would be represented fairly in city government.[10]
Methods to avoid annexation fears and conflicts[edit]
Since then, the State has taken several actions to avoid such conflicts. An agency of the Virginia Department of Housing and Community Development, the Commission on Local Government promotes and preserves the viability of Virginia's local governments by fostering positive intergovernmental relations.
In some instances, neighboring localities have entered into agreements, such as a revenue sharing agreement between the independent city of Charlottesville and surrounding Albemarle County. Beginning in 1982, in return for receiving a portion of annual county tax revenues, the city agreed to not attempt to annex portions of the county. The agency's website lists many such deals between municipal neighbors.
Additionally, in 1979, the Virginia General Assembly adopted legislation that allowed any county meeting certain population and density standards to petition the local circuit court to declare the county permanently immune from annexation by any city with over 100,000 in population. In 1981, Chesterfield County and several other counties in the state subsequently sought and received such immunity from further annexation by Richmond.
In 1987, the General Assembly, recognizing the controversy surrounding annexations in Virginia, placed a moratorium on future annexations of any county by any city. However, even when this moratorium expires, as it is currently scheduled to do in 2010, Chesterfield County will remain immune from annexation by Richmond because of the 1981 grant of immunity.[11] However, unless new legislation or revenue sharing or other agreements are reached, the county will potentially be exposed to annexation suits by any of the 3 smaller independent cities ( Colonial Heights, Hopewell, and Petersburg) which adjoin it, as will other localities.
In 2007, a Bill to extend the existing moratorium against annexations by cities from 2010 to 2020 passed both houses of the Virginia General Assembly, but was vetoed by Virginia Governor Tim Kaine. The Virginia Municipal League reported: "The governor said that there was no rush on this extension, and that the legislature should study the impact of the annexation moratorium on cities. The moratorium applies only to a limited number of cities. Many cities are barred from annexation by either geography or by other laws establishing the ability of counties to obtain complete or partial immunity from annexation." [12]
Legal liability of subdivisions and their employees[edit]
Contract liability[edit]
As noted above, a local government may only enter into a contract that is within the scope of its charter. A contract to do something beyond its power is void and unenforceable, and in fact the local government will be prohibited from performing its obligations under such a contract. The private party who performs under such a contract will have no means of recovery, even under equitable theories such as equitable estoppel, implied contract, quantum meruit, and unjust enrichment. This limitation also applies where the subject of the contract is permissible under the charter, but the manner in which the contract is made or awarded violates proscriptions set forth in the charter. For example, if the charter requires that contracts for provision of a public service be awarded to the lowest bidder in an open bidding process, and such a process is not used to award the contract, then the contract itself is void and the private party to the contract will have no recourse to enforce the local government's obligations thereunder.
Individual employees of a local government, including the highest-level executives of that body, have no power to bind the local government to a contract that is void due to one of the above scenarios. This is because the limitations on the power of the local government to contract are a matter of public record. As a general rule, the individual employee is immune from being sued for inadvertently entering into a void contract with a private party. However, this immunity does not extend to the intentional tort of fraud. If a local government employee knowingly and intentionally made a false representation to a third party that the local government would be bound to a particular contract, that employee could be sued for damages suffered by the third party's reliance on that false promise.
Where a local government makes a contract that is within its power, and then fails to perform its obligations under the contract, it may be sued in the same manner as any other entity, and may raise all defenses typically available in a contract action. However, if it is a county government that is alleged to be in breach, Virginia law imposes several additional steps before a lawsuit may be brought. Specifically, the claim must be formally presented to the county's governing body for an allowance, and it is only after that governing body has disallowed the claim that its decision may be appealed to the Virginia Circuit Court. The claim must be brought within thirty days of the disallowance if the claimant is present when the governing body so decides; if the claimant is not present, the claim must be brought within thirty days of the claimant receiving notice of the disallowance. In either case, the appeal must specify that the required presentment was made. This rule also applies to equitable claims for monetary relief.
Tort liability[edit]
Liability of subdivisions[edit]
The state of Virginia has enacted the Virginia Tort Claims Act, which waives the sovereign immunity of the state with respect to actions brought under certain limitations. However, by the terms of the statute itself, this waiver does not extend to political subdivisions. Thus, counties, which are considered to be arms of the state, still carry the state's traditional complete immunity from tort lawsuits. Cities and towns are not considered arms of the state, and are only held to be immune from such lawsuits if the city or town was exercising a public or "governmental" function. Such functions have been held to include police and firefighting activities, and education. However, a city or town may be sued when carrying out a "proprietary" function, such as providing gas, electricity, water, sewage collection and disposal, or storm drainage. With regards to building and maintaining of roads, and laying out roads is considered to be a governmental function, but cleaning and maintaining roads and public ways that have already been laid out is deemed to be proprietary. An activity that combines governmental and proprietary functions is clothed in the protection of governmental functions. A suit can not be brought based on an unsafe condition of the street unless the municipality is first given reasonable notice and allowed a reasonable amount of time to remedy it. The operation of public recreational facilities is stated by the state statute to fall within the immunity of governmental function.
Virginia does not recognize the doctrine of res ipsa loquitur when applied against local governments providing such services, so the civil plaintiff is required to prove that the local government is responsible for the condition that led to damage or injury. Political subdivisions may waive their sovereign immunity, and wherever and whenever a local government purchases insurance for its vehicles, such as cars, trucks, and buses, that local government will be ruled to have waived its sovereign immunity up to the amount of the policy. A municipality can be sued for nuisances - the negligent creation of a hazardous situation - even if the nuisance was created in the course of carrying out a governmental function.
In addition to the aforementioned limitations, a plaintiff seeking to sue a city or county in tort must provide the subdivision with notice, said notice including the nature of the claim, and the date and location of the injury, within six months after the claim arises. This notice must be provided to one of a set list of people set forth in state statute, these being the subdivision's attorney, mayor, or chief executive.
Liability of employees[edit]
Employees of a municipality who are performing governmental functions generally share in the immunity of the municipality itself, although this does not protect them from being sued for gross negligence (as opposed to "ordinary" negligence) or for intentional torts. High-level employees, such as mayors, city managers, and judges, are immune for decisions made within the scope of their employment. The immunity of lower level employees is determined by examining four factors set forth by the Virginia Supreme Court in James v. Jane:[13]
the nature of the function performed by the employee
the extent of the state's interest and involvement in the function
the degree of control and direction exercised by the state over the employee
whether the act complained of involved the use of judgment and discretion.
Where an employee is grossly negligent, or engages in intentional torts, the employee may be held liable, but the locality remains immune so long as the employee was providing a governmental function.
Independent contractors are not considered employees, and are therefore not subject to any kind of immunity.
References[edit]
Jump up ^ 2002 Census of Governments, Individual State Descriptions (PDF)
Jump up ^ Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2012, for Virginia Counties, U.S. Census Bureau, Population Division. Retrieved May 1, 2013.
Jump up ^ "Counties and Equivalent Entities of the United States, Its Possessions, and Associated Areas; Change Notice No. 7". 2001. Retrieved 2006-05-27.
^ Jump up to: a b "Population and Area of All Virginia Local Governments, 1790-2010". Virginia Department of Housing and Community Development website. 19 April 2012. Retrieved 25 January 2013.
^ Jump up to: a b c d e f g h "Former Second Class Cities in Virginia". Virginia Department of Housing and Community Development website. 13 November 2003. Retrieved 25 January 2013.
Jump up ^ Code of Virginia § 15.2-3534
Jump up ^ Comprehensive Annual Financial Report of the City of Chesapeake, Virginia for Fiscal Year Ended June 30, 2005 Archived February 5, 2007, at the Wayback Machine. (PDF)
Jump up ^ City of Suffolk voting boroughs Archived 2007-02-10 at the Wayback Machine., from City of Suffolk Web site
Jump up ^ City of Virginia Beach Development Services Center, DSC INFORMATION NOTICE #63 - Correction May 15, 1998 (PDF)
Jump up ^ Richmond-Chesterfield Case - Dilution of Black Voting Rights
Jump up ^ Horner-Bagley Line, History of Annexation in Chesterfield
Jump up ^ Virginia Municipal League 2007 Veto Session Archived July 28, 2011, at the Wayback Machine. (PDF)
Jump up ^ James v. Jane, 221 Va. 43, 53, 282 S.E.2d 864, 869 (1980).
External links[edit]
Virginia Commission on Local government website
Functions of Counties, Cities and Towns
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text:
Area code 956
From Wikipedia, the free encyclopedia
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Map of Texas and adjacent regions, with numbering plan area 956 highlighted.
North American area code 956 is a state of Texas telephone area code for numbers in the Brownsville, McAllen, Laredo and South Padre Island areas. It was created May 25, 1997, in a split from area code 210.
Counties served by this area code:
Cameron, Hidalgo, Jim Hogg, La Salle, Starr, Webb, Willacy, and Zapata
Towns and cities served by this area code:
Alamo, Brownsville, Combes, Delmita, Donna, Edcouch, Edinburg, Elsa, Encinal, Falcon Heights, Garciasville, Grulla, Guerra, Hargill, Harlingen, Hidalgo, La Blanca, La Feria, La Joya, La Villa, Laredo, Lasara, Linn, Lopeño, Los Ebanos, Los Fresnos, Los Indios, Lozano, Lyford, McAllen, Mercedes, Mission, Olmito, Penitas, Pharr, Port Isabel, Port Mansfield, Progreso, Raymondville, Rio Grande City, Rio Hondo, Roma, Salineno, San Benito, San Isidro, San Juan, San Perlita, San Ygnacio, Santa Elena, Santa Maria, Santa Rosa, Sebastian, South Padre Island, Sullivan City, Weslaco, and Zapata and then some
See also[edit]
List of Texas area codes
NANPA Area Code Map of Texas
External links[edit]
List of exchanges from AreaCodeDownload.com, 956 Area Code
Texas area codes: 210/726, 214/469/972, 254, 281/346/713/832, 325, 361, 409, 430/903, 432, 512/737, 682/817, 806, 830, 915, 936, 940, 956, 979
North: 830
West: Country code +52 in Mexico area code 956 East: 361, Gulf of Mexico
South: Country code +52 in Mexico
Retrieved from "https://en.wikipedia.org/w/index.php?title=Area_code_956&oldid=789667250"
Categories:
Area codes in the United States
Area codes in Texas
Cameron County, Texas
Webb County, Texas
Laredo, Texas
Hidden categories:
Texas articles missing geocoordinate data
All articles needing coordinates
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