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He supported his position by referring to a passage in the Virginia Acts of Assembly, which reads, “Nothing herein contained shall prevent the governing body of any county or city from supplementing the salary of Attorney for the Commonwealth... for additional services not required by general law.’f
Chairman Hubert Gilkey IlKgaid ^ in a phone conversation that he would" study the law before commenting on the legality of Luke’s request. Gilkey did say that Luke does a lot of extra work.
In his letter’ Luke writes that his duties to the County are supposed to be a “sidelight” of his overall job as Commonwealth’s Attorney. He finds though that he spends !*more than twice the time on County work” as he does on Commonwealth’s work. “If you will think back over this year I believe you can appreciate the number and complexity of the legal problems which confronted the County,” Luke writes.
“As Rappahannock County faces the many new issues which are thrust upon it by State and Federal law, the County Attorney is asked to become an expert in a wide variety of subjects.” As examples he cites: industrial development bond financing, zoning, water and sewer law, the public procurement act, solid waste management, condemnation, the dog pound, handicapped regulations, and sludge disposal, “to say nothing of the normal County problems such as revision of the County Ordinances, and leases and contracts involving the County.”
In addition to these duties, Luke writes that he spends many hours answering questions from other branches of County Government. “I render frequent legal opinions to the Zoning Administrator. I also advise the Building Official, Clerk of Court, and Superintendant of Schools.” He adds, “Essentially anyone in County Government who has a legal question comes to me.”
On top of this, Luke asserts that he performs duties for the Board that would normally be those of a County Administrator. He refers to the Comity’s insurance that he reviewed and updated and also to his involvement in a “project which will give Rappahannock County the first County Code in its history.”
Asked why Rappahannock has no County Administrator, Luke said “because the Board never created the position.” He added that County Clerk Diane Bruce and he share the responsibilities of County Administrator.
Diane Bruce agreed. In a phone conversation she listed some duties appropriate to a County Administrator that she and Luke perform: payroll, purchasing, personnel, maintenance, information-basically operational duties of the county. - “What I’m Asking For Is Fair’’
At the January 7 meeting Luke
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