The Problem Really isn’t Mr. Boone. It’s Bad Governance. (Part 5)

Published: 2025-07-22

The actions described in Part 4, the post-bankruptcy sublease consent and the legally questionable lease amendment, are alarming on their own. They show our County officials steering taxpayers into a legal minefield, seemingly indifferent to federal law. But these actions raise an even more fundamental and disturbing question: Who in our county government possessed the legal authority to approve them in the first place?

Under Virginia law, a county can only “speak” through its recorded votes at a public meeting. For a decision of this magnitude, which disposes of public property rights, a formal public process is not a suggestion; it is a legal requirement. To understand the authority behind these decisions, I made a formal request to the County under the Virginia Freedom of Information Act.

On May 8, 2025, I requested the Board of Supervisors’ minutes or any other recorded action that authorized the Chairman, John F. Hinkle, to sign the consent for the CVCC sublease.

After ten working days, on May 22, 2025, the County provided its official response:

“After researching the question, your request… can not be fulfilled because the records you have requested could not be found or do not exist…”

This is not a simple misfiling of paperwork. This is a formal admission from the Appomattox County government that no public vote, no resolution, and no formal Board authorization for the Chairman’s signature ever took place.

Despite Mr. Hinkle claiming “default authorization” …

CONNECTING THE DOTS: WHAT THE UNAUTHORIZED SIGNATURE MEANS

This lack of authorization confirms the worst-case scenario.

  1. The Chairman Acted Outside the Law (Ultra Vires): The County’s admission confirms that the Chairman’s signature on the sublease consent was an ultra vires act, an action taken without legal authority. By signing that document, he single-handedly created a “springing obligation” for the County, effectively disposing of public property rights without the legally required public process under Virginia Code § 15.2-1800(B). The act is therefore invalid.
  2. The County Potentially Aided a Debtor in Bankruptcy: This unauthorized action was not done in a vacuum. It directly benefited Appomattox Christian Academy, an entity that is controlled and funded by a man in the middle of a massive bankruptcy case involving allegations of fraud. This unilateral action by the Chairman served to preserve a key asset, the purchase option, for ACA / Mr. Boone, further entangling the County.
  3. It Invites a Fraudulent Transfer Lawsuit: By granting this valuable consent to ACA for no consideration (the County got nothing in return), the Chairman’s unauthorized act looks exactly like what bankruptcy law calls a “constructive transfer.” The Trustee now has a clear path to sue the County, arguing that its official unlawfully transferred public rights to the detriment of the 100+ creditors he represents.
  4. A Breach of Fiduciary Duty and Public Trust: This is a fundamental failure of governance. Officials have a sacred duty to protect public assets through a transparent, public process. This unilateral action is a profound breach of that fiduciary duty and exposes the officials involved to personal liability for wasting public assets.

THE ONLY PATH FORWARD: RESCIND OR RATIFY

To cure this defect, the Board of Supervisors has only two choices, both of which must be made in a public forum:

  • Option A: Ratify the mess. They can hold a public hearing and vote to formally approve the Chairman’s signature after the fact. This would be a politically toxic move, as they would be knowingly voting to approve an action that aids a debtor in a federal fraud case and validates a potential fraudulent transfer.
  • Option B: Rescind the signature. They can vote to declare that the Chairman’s signature was unauthorized and is therefore void and without legal effect. This is the County’s only real defense to shield taxpayers from the coming storm of federal litigation.

Failure to do either amounts to a cover-up. The question is no longer just about a bad deal; it is about the integrity of our local government and the personal accountability of the officials who knowingly or negligently put our community’s assets at risk.

Ok, great, where do we go from here? Read Part 6.

Something Must Be Done About Appomattox County

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