THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, August 31, 1994 TAG: 9408310458
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY TONY WHARTON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 62 lines
The constitution of Virginia, a state that seceded from the United States in 1861, forbids Ocean View residents from doing the same thing in Norfolk in 1994, the city attorney said Tuesday.
``Secession from Norfolk is not legally possible,'' said City Attorney Philip R. Trapani in a letter released by Mayor Paul D. Fraim.
``The important thing is, they can't do it,'' Councilman Randy Wright said. ``They have no means by which they can accomplish it.''
On July 4, Ocean View newspaper publisher James E. Dozier and politician Michael Bond launched a movement to break away from Norfolk and form the city of Ocean View. They are still organizing, and plan to begin circulating petitions in September.
Dozier and Bond are trying to capitalize on long-held resentments in Ocean View toward the city, claiming years of neglect. Norfolk officials have countered by pointing out the increased public investment in the area over the past several years.
The city at first ignored the talk of secession, but City Council members are frustrated that it has not gone away. They asked Trapani to research the proposal and report on its legal feasibility.
In the letter to Fraim, Trapani cited several reasons why Ocean View cannot secede:
The Virginia Constitution, Article VII, Section 2, ``requires the city, i.e. the City Council, to initiate any action to change city boundaries.''
No general law of Virginia authorizes forming one city from a portion of another one.
State law prohibits granting new city charters until at least 1997, and does not provide for granting any after that.
Although Trapani did not say so in the letter, he leaves open the possibility of the council itself seeking a boundary change. Wright said that will never happen.
``The council is adamantly opposed to it,'' he said. ``We're certainly not going to contract our boundaries.
``Even if the council were to attempt it, it still has to get through the state.''
Fraim said he does not believe it is possible at all: ``My interpretation of it is that there's a prohibition at the state level against changing these boundaries. The law is clear.''
Dozier said Tuesday that he expected Trapani's opinion but disagreed with it. State legislators have told him, he said, that there are several methods by which a community might break away and form a new city. The fundamental point, Dozier said, is that the authority for such a change rests with the courts and the state legislature, not the City Council.
``The thing the city has not come to grips with is that they don't decide this,'' Dozier said. ``The state grants the city charter and that is where the authority rests. Mr. Trapani is simply rendering a very self-serving opinion to the city council that pays his salary.'' MEMO: Staff writer Alex Marshall contributed to this report.
by CNB