BOS discussed Confederate monument at June 23rd meeting

Concern about vandalism at the Confederate monument at the Botetourt County Courthouse in Fincastle led the Board of Supervisors to inquire about their responsibilities and ability to protect or remove the structure when the Board met on June 23.

Valley District Supervisor Mac Scothorn brought up the issue, saying he had received numerous inquiries about it.

The county attorney informed the supervisors that they can do nothing but protect and preserve the statue until July 1. At that time, new legislation allows localities to handle monuments in a specified manner.

The new law provides that a locality may remove, relocate, contextualize, or cover any monument or memorial for war veterans on the locality’s public property, not including a monument or memorial located in a publicly owned cemetery.

Prior to doing anything with the monument, the Board would have to publish notice of such intent in a newspaper having general circulation in the locality, and hold a public hearing. After the public hearing, the Board could vote to remove, relocate, contextualize, or cover the monument or memorial.

If the Board were to vote to do any of those things, then the county would have to offer the monument or memorial for relocation and placement to any museum, historical society, government, or military battlefield.

Additionally, the supervisors could call for an advisory referendum prior to voting on any action with regards to the monument. This referendum would be on the ballot during a general election if the supervisors chose to use this tool.

According to the Virginia Code, the local governing body has sole authority to determine the final disposition of the monument or memorial. Even so, officials cannot simply tear down the monument but must make good faith efforts to move it to another location or give it to another entity, according to the county attorney.

The county attorney also noted that there may be deed covenants or other “legal ties” that could inhibit the county’s ability to move or otherwise disturb the monument. This would have to be researched, he said.

As part of this discussion, the supervisors segued into talk about national news. The supervisors made it clear that they unequivocally support the county’s sheriff and emergency service workers. There was no discussion of removing budget considerations from any department.

Additionally, the Board unanimously passed a “Resolution in Opposition to Racism” that states that the Board “is committed to the fair and equitable treatment of all persons” and that the “Board of Supervisors denounces racism in all its forms for its negative social, emotional, psychological, physical, educational, and economic effects on all who are touched by it.”

                     — Anita Firebaugh, Special to The Botetourt Bee, photo by Cathy Benson