ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, June 19, 1996 TAG: 9606190043
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LESLIE TAYLOR STAFF WRITER
A Richmond court has been asked to overturn a line-item veto by the governor that cut $3.2million for a statewide program that provides support services for prisoners.
Since 1987, Roanoke-based VA CARES has had a no-bid contract with the state to provide pre-release and post-incarceration services for prisoners. In April, Allen vetoed that guaranteed funding, cutting $3.2million of the $3.6million budgeted over two years for VA CARES. striking language in the budget that gave VA CARES $3.2 million of the $3.6million in state money earmarked for pre-release and post-incarceration services over the biennium.
In a lawsuit filed June3 in Richmond Circuit Court, VA CARES maintains that Allen's veto was unconstitutional and asks that the court declare it void.
The suit was brought against Bruce Morris, director of the state Department of Criminal Justice Services; William E. Landsidle, state comptroller; Ronald L. Tillett, state treasurer and Jerry W. Kilgore, state secretary of public safety.
The suit didn't name Allen because "we didn't feel he was a necessary party," according to William Hopkins Jr., a Roanoke attorney representing VA CARES.
"His interest is protected by these four gentleman through the attorney general's office. If he wants to intervene, he can," Hopkins said.
Morris was named in the suit because his department would have made the appropriation to VA CARES had the funding not been vetoed, Hopkins said. Landsidle and Tillett were named because they are responsible for state appropriations; Kilgore because he has supervisory power over the Department of Criminal Justice Services, Hopkins said.THIS WAS CUT, I PUT IT BACK - BELCHER
Bill Cimino, communications director for the Department of Public Safety, said policy prohibited state agency representatives or officials from commenting on pending litigation. He referred questions to the state attorney general's office.
"We are preparing to defend the governor's veto," said Frank Ferguson, deputy attorney general. "It would be inappropriate for me to comment much beyond that."
The attorney general's office has until June28 to file a response, Ferguson said.
Virginia's line-item veto has been legally challenged only twice before - once in 1940 and again in 1976, Hopkins said. The 1940 case challenged seven items vetoed by Gov. James Price. Six of the seven were overturned, Hopkins said.
The 1976 case challenged Gov. Mills Godwin's veto of funding for the Metro subway system in Northern Virginia. The state Supreme Court upheld that veto.
Legally challenging a line-item veto in Virginia is unusual "because the line-item veto is not frequently exercised," he said. "Typically, the governor has been able to work out his differences with the legislature. Generally speaking, most governors have handled changes in the budget by amendment."
When Allen vetoed the funding, he said other organizations should be given an opportunity to compete for it.
VA CARES has argued that the funding would not have existed at all had program supporters not fought for it more than a decade ago.
The Virginia Department of Public Safety has put out a request for bid proposals to operate a statewide pre-release, post-incarceration program. Several programs have submitted bids or expressed an intent to submit bids, including VA CARES.
Lin Edlich, executive director of VA CARES, said the program is "going on with business as usual." The Department of Criminal Justice Services has agreed to give VA CARES funding from July1 to Sept.30. A contract is expected to be awarded by then.
VA CARES received $1.3million this fiscal year to provide education, counseling and services in employment, housing, family and community relations and transportation for an estimated 3,000 offenders and ex-offenders in 28 communities.
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