Friday, October 5, 2001
Removal of political signs causes strife
By Wendy Pagonis
Political signs for the 15th District state delegate's race in Shenandoah County are coming down, and members of the two competing camps are at odds about who should be removing them.
Independent candidate Bradley G. Pollack is challenging Republican Del. Allen Louderback to represent the reconfigured 15th District, comprised of Shenandoah, Page and Rappahannock counties as well as the Swift Run precinct in Rockingham County.
Over the weekend, Louderback's campaign manager in Shenandoah County, Todd Gilbert, removed eight to 10 of Pollack's campaign signs that were placed in state right of ways along Va. 730 and U.S. 11, between the Shenandoah Caverns exit off Interstate 81 and New Market.
Gilbert took the signs to Pollack's law office in Woodstock and left them piled on the porch, attaching a note that reads, "Brad - Somebody put a number of your signs in the state right-of-ways. I know how expensive these signs can be and didn't want to have VDOT throw them away. - Todd."
Pollack said he appreciated the removal and return of the signs from the right of ways, but was concerned about Gilbert's role in their removal.
Pollack's campaign manager, Michael McVicar, said a recent article in a local daily newspaper stated it is illegal for a private resident to remove signs from public property without authority from a state transportation commissioner. Going by that, McVicar said Gilbert must have removed the signs in his capacity as an assistant commonwealth's attorney.
"To me, there's a conflict of interest," McVicar said Thursday. "It almost suggests that he's using his position as commonwealth's attorney to pull up the signs legally.
"It's very much why Brad got into this race. The behavior of public officials in this county using a public position to promote a private interest is wrong."
McVicar said Gilbert should have at least called Pollack's office before removing the signs and hopes that he will do so in the future should a similar situation exist.
Gilbert said Pollack and his campaign are mistaken on the law regarding right of ways.
"The General Assembly to which Mr. Pollack aspires has determined that it is illegal to place signs in state right of ways," Gilbert said. "Any citizen would have been well within their right to report this illegal activity, have the signs removed and have Mr. Pollack fined. This was done as a courtesy to him rather than call VDOT to complain.
"I don't work on Mr. Pollack's timetable, nor did I trust that the blatant violation would be rectified in a timely manner."
McVicar said he has been working with campaign volunteers to comply with state election laws. He has been especially conscientious with sign placement by getting permission of the respective property owners beforehand, McVicar said.
All candidates received a standard letter from VDOT last month, reminding them to avoid placing campaign signs in the state right of ways. District Administrator Dennis S. Morrison says in the letter that improperly placed signs in right of ways can cause the transportation department to expend resources cleaning those areas that would otherwise be spent on high priorities.
"Each year, VDOT spends almost eight million dollars on cleaning right-of-way," Morrison's letter says. "Placard signs place don the right-of-way often end up in ditches and drainage structures, blocking them and sometimes causing severe erosion that could lead to early roadway failure."
Gilbert said he removed the signs because Louderback's campaign office had received six complains about their illegal placement from residents and he personally had noticed a couple next to stop signs. He said he removed Pollack's signs and no others specifically because he volunteers as Louderback's campaign manager. The possible $100 civil fine per day per sign assessed on signs placed within right of ways would be issued from the state transportation commission and not the local prosecutors office where Gilbert works, he said.
Gilbert's supervisor, Commonwealth's Attorney Albert T. Mitchell, said he sees no conflict of interest in Gilbert volunteering for Louderback's campaign and performing his duties as an assistant prosecutor, and specifically not in removing Pollack's campaign signs from right of ways during the weekend.
The state Board of Elections said it does not govern placement of campaign materials and leaves any conflict to be decided by the laws that govern right of ways.
State law says any fines collected from placing advertisements in the right of way go into the Highway Maintenance and Operating Fund.
