Commonwealth’s Attorney Michael Doucette offered only brief comment Wednesday on the ongoing school deficit controversy, but did not signal he had any plans to intervene.
The prosecutor, responding to questions via e-mail, declined to discuss the legal implications of the school system’s $440,000 deficit.
“It is my understanding that City Council has voted not to request an opinion from me regarding the FY ’07-08 Lynchburg school budget deficit,” he wrote. “I assume the matter is being addressed by City Council and the School Board as they deem appropriate. At this time, any other comment from this office would be inappropriate.”
Questions have been raised about whether school officials could be charged with criminal malfeasance for failing to balance their books.
Section 22.1-91 of the state code — a little used piece of law — says that any school officer who spends more than they have available, without the consent of the body supplying the funding, shall be guilty of malfeasance in office.
Malfeasance is a low-level misdemeanor punishable by a fine. Conviction on the charge is also grounds for removal from office, although removal is not automatic.
City Councilman Jeff Helgeson, Ward III, has said the commonwealth’s attorney should be brought into the matter and attempted, unsuccessfully, to get a formal request for an opinion approved by council.
His motion, made during a meeting Tuesday, was defeated on a 6-1 vote following contentious debate.
The debate was sparked by Lynchburg resident Jim Weigand, who spoke at the meeting and suggested the consultation with Doucette’s office.
Other council members, who felt that was unnecessary, pointed out Weigand could approach the prosecutor on his own if he wished to.
At the time, Weigand, a longtime critic of Lynchburg City Schools, said he would not rule that out. On Wednesday, he said he had received a copy of Doucette’s statement but was not prepared to comment on it.
“I really need to talk to my counsel,” he said.
The malfeasance statute governing this matter is 29 years old. On Wednesday, the city attorney and lawyers with the Virginia Municipal League and Virginia School Board Association all said they could find only one example of it ever be used in court.
In 1995, the Virginia Beach School Board ran up a $12 million deficit, creating the biggest financial crisis in that school system’s history, according to articles from The Virginian-Pilot.
A bitter and messy controversy erupted, resulting in the resignations of the district’s superintendent and chief financial officer, as well as five school board members.
Two board members who refused to step down were charged with malfeasance. A jury acquitted them at trial.
- Staff writer Carrie J. Sidener contributed to this report.
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