The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Sunday, July 2, 1995                   TAG: 9506300240
SECTION: CHESAPEAKE CLIPPER       PAGE: 06   EDITION: FINAL 
TYPE: Editorial 
SOURCE: BY WILLIAM H. PIERCE 
                                             LENGTH: Medium:   76 lines

COUNCIL IGNORING MANDATE

Last Tuesday night, the City Council officially served notice to the citizens of Chesapeake that they have lost sight of why they are up there - to get things done for the people. By their action, the Council informed the people, in a loud and clear voice, that they neither intend to respond promptly to the citizens' mandate for an elected School Board nor give up their power to appoint members to the School Board without a monumental struggle.

A mandate is defined by Webster as an instruction to the governing body from the people. In November 1993, the voters of Chesapeake gave the City Council an unmistakable mandate for an elected School Board, when more than 32,000 citizens - 84 percent of those voting on the School Board referendum - demanded an elected board.

After nearly two years, the citizens of Chesapeake have yet to see this mandate fulfilled.

In June 1994, more than a year ago, the U.S. Justice Department rejected the city's at-large voting plan.In the year since Justice rejected our plan, the City Council has done nothing significant to respond to the will of the people on this issue except to decide to request reconsideration of Justice's decision on the at-large plan and hire a consultant to collect updated voting pattern data.

At a hearing in General District Court on May 23, with Judge Robert R. Carter presiding, the city demonstrated its intent to stonewall this issue at every opportunity by refusing to enter into a good faith attempt with the Chesapeake Taxpayers' Association to furnish requested information on the consultant's voting pattern data and successfully having the case dismissed on a technicality. The dismissal added to the delay and increased the Taxpayers' Association's expenses, since we had to retain counsel and re-file the suit.

On June 27, the case was reheard by Judge Colon Whitehust with the city and the Taxpayers' Association agreeing that the city would release the requested information as soon as the documents were submitted to the U.S. Justice Department. The city maintained that the submission to the Justice Department would be completed in two to three days and most probably by Friday, June 30.

The case was continued until Friday, June 30, when the assistant city attorney was to present a proposed order to the court confirming this agreement. After the court hearing on Tuesday, the City Council announced its proposal to have the citizens vote on an at-large or ward system of electing the School Board, signaling what we believe will be another subterfuge designed to let the city request in court on Friday yet another delay in furnishing the requested information.

I believe the council's proposal on Tuesday to ask the people to vote in November on whether they desire an at-large or ward system of electing the School Board is just another step in a covert, premeditated plan to stonewall implementation of an elected School Board and circumvent the citizens' mandate. The Council previously held public hearings on this issue, and the citizens' preference was an at-large system; however, since Justice rejected the at-large plan, it is time to devise an alternative plan that will assure approval by the Justice Department. If the citizens are naive enough to vote again for an at-large system, it will not reverse Justice's original opinion, and we will litigate this issue for years before losing the case, as other cities have done.

I spearheaded the petition drive to help collect more than 13,000 signatures of registered voters in Chesapeake to force a referendum for an elected School Board. Consequently, I believe that there is not another citizen in this city who has a better sensing of our citizens' views on this subject. My sensing is that the majority of the citizens believe that any type of elected School Board is infinitely better than continuing with an appointed system, and that they want an elected School Board now! The citizens do not want to wait another 10 years for an elected School Board because of the City Council's unresponsiveness to the citizens demands. MEMO: Mr. Pierce is a resident of Creef Lane in Chesapeake.

by CNB