Gilbert Kiser contacted Three County News about a labor dispute with Larry Sparks over pay. Gilbert had apparently worked for Larry this summer. Based on a FOIA request by Three County news to the Washington County Public Schools FOIA officer and Superintendent Dr. Keith Perrigan. Larry Sparks was paid $5,700 for washing the school buses this year. Three County News asked if Mr. Sparks had a contractor’s license. It is a crime in Virginia for a public body to hire an unlicensed contractor. Apparently, based on the email reply he did not have a contractor’s license.
Chad Wallace FOIA Officer with Washington County Public Schools responded to Three County News with this reply:
“Chad Wallace
To: me, Cc: Keith · Mon, Sep 8 at 6:51 PM
Dr. Matney,
We hope you are doing well.
Washington County Public Schools paid Larry Sparks $5,700 for pressure washing our buses this summer. According to the Virginia Department of Professional and Occupational Regulation (DPOR) and the Department of General Services, a contractor’s license is not required for pressure washing unless pressure washing is part of a larger project that involves other professions such as construction services.
We appreciate your interest in Washington County Public Schools and look forward to working with you in the future. Based on the rates set in Policy KBA-R, this FOIA request would have cost approximately $174. We are not charging you the fee for this request.
If you have any questions, please let me know.
Chad Wallace–
Chad Wallace, Ed.D.
Assistant Superintendent of Operations
Washington County Public Schools
812 Thompson Dr.
Abingdon, VA 24210
276-739-3000”
Well based on this reply Mr. Sparks apparently did not have a contractor’s license. Chad Wallace in the email stated that the Virginia Department of Professional and Occupational Regulation (DPOR) and the Department of General Services that a contractor’s license is not required for pressure washing. He failed to leave out that this regulation by DPOR requires that the contractor be licensed if they are over $1,000. It is clear based on this rule that a licensed contractor was required.
I have to ask why Mr. Wallace failed to mention the $1,000 rule in his email. Since this is a crime is the school system trying to hide the truth? This is a serious crime and the maximum penalty is 12 months in jail. So, are they trying to cover up a crime? Willfully withholding information in a FOIA request has civil penalties. Who hired Mr. Sparks? Was a crime committed did they withhold information in a FOIA request?
Notice in the email that Mr. Wallace said he was not charging me the $174 to pay for the FOIA request. Is this just a threat not to ask questions? It took me 2 minutes to research DPOR regulations. So, what would the $174 charge be for? Seems to me like, do not ask questions! If Mr. Wallace did this much work surely he saw the regulation that the license is required over $1,000.
Below are AI generated regulations:
The requirement to have a contractor’s license:
“The Virginia Department of Professional and Occupational Regulation (DPOR) nor the Department of General Services states that a contractor’s license is never required for pressure washing. The requirement depends on the value and scope of the work. While a license may not be needed for basic jobs, it is mandatory for more substantial projects.
Contractor license requirements
• Work valued at $1,000 or more: A Virginia contractor’s license is required for any job, including pressure washing, if the total value (labor and materials) is $1,000 or more.”
Further regulations:
“In Virginia, a contractor’s license is required for a pressure washing business if the value of a single contract or project exceeds $1,000. Pressure washing is generally considered a service, but if it’s performed as part of a larger, more complex project that involves construction, repair, or improvement and exceeds this monetary threshold, a contractor’s license becomes necessary.
Here is a breakdown of the licensing requirements:
• For projects under $1,000: A pressure washing business does not need a contractor’s license, but it must still obtain a local business license to operate legally.
• For projects over $1,000: The business needs a contractor’s license from the Virginia Department of Professional and Occupational Regulation (DPOR). The class of the license (Class A, B, or C) is determined by the value of the contracts the business undertakes.
• Public bodies are not exempt: Hiring a contractor does not exempt a public body from the requirement that the contractor must be properly licensed for the project’s scope and value. Virginia law is clear that “All other contractors performing work for any government or for any governmental agency are subject to the provisions of this chapter and are required to be licensed as provided herein”.
The contractor’s responsibilities
“The contractor is responsible for obtaining the correct licensing. A contractor that performs work without a required license may be subject to fines and other penalties.”
The crime, the consequences, here is what AI said:
“If a public body in Virginia knowingly contracts with an unlicensed contractor, it can face significant legal and financial consequences. The action is a Class 1 misdemeanor, and it leaves the public body vulnerable to numerous risks, including the inability to enforce the contract and potential civil liability.
Prohibited acts and criminal penalties
According to the Code of Virginia, it is a prohibited act and a Class 1 misdemeanor for an awarding authority to receive or consider a bid from a contractor it knows is not properly licensed. This offense can carry a penalty of up to 12 months in jail, a fine of up to $2,500, or both.
Contract enforceability issues
The core purpose of contractor licensing laws is to protect the public. An unlicensed contractor typically cannot enforce a contract in court because it is considered an illegal agreement. If a public body tries to sue the contractor for deficient work or non-completion, the court may refuse to enforce the illegal contract.
While there are limited exceptions where an unlicensed contractor may be able to enforce payment if they acted in good faith with no actual knowledge of the licensing requirement, this is not a reliable defense for the public body.
Administrative and civil penalties
The Virginia Department of Professional and Occupational Regulation (DPOR) can impose its own penalties, which may include fines of up to $500 per day for a violation. Furthermore, knowingly contracting with an unlicensed individual may be considered a deceptive practice under the Virginia Consumer Protection Act, potentially leading to fines of up to $2,500 per violation and civil litigation.
Financial liability
Because an unlicensed contractor is unlikely to be properly bonded or insured, a public body assumes immense financial risk when it enters into a contract with one.
Consequences can include:
• Liability for worker injuries: If a worker is injured on the job and the unlicensed contractor does not have workers’ compensation insurance, the public body may be held liable.
• Costs for fixing substandard work: The public body may have to hire a new, licensed contractor to fix or complete the work at an additional cost, with little to no legal recourse to recover the funds from the original unlicensed contractor.
• Building code violations: Unlicensed work often does not comply with building codes. A public body may be fined by regulatory authorities and even be required to tear out and redo the work.
Public perception and accountability
Hiring an unlicensed contractor can also damage a public body’s reputation and erode public trust. This can lead to increased scrutiny from regulatory agencies, voters, and community stakeholders. In an era of heightened accountability for public officials, such a violation could lead to intense public criticism and career-ending political fallout.”
By withholding information on a FOIA request or giving false information that public body could be subject to this AI finding.
“In Virginia, a public body that knowingly and willfully provides false information in a Freedom of Information Act (FOIA) request can face significant legal consequences. These consequences can include civil penalties against the public employee and fines for the public body itself.
Civil penalties against individuals
According to Virginia Code § 2.2-3714, if a court finds that a public official, employee, or member of a public body “willfully and knowingly” violated FOIA, it can impose a civil penalty on that individual.
• First offense: A penalty of $500 to $2,000.
• Second or subsequent offense: A penalty of $2,000 to $5,000.
Additional penalties for destroying records
If a court determines that an officer, employee, or member of a public body altered or destroyed public records with the intent to avoid the provisions of the Act, they may face a civil penalty of up to $100 per record destroyed or altered.
How to address a suspected violation
If you believe a public body has provided false information in response to your FOIA request, you can take the following steps:
1. File a petition in court: You may file a petition in a Virginia district or circuit court to compel the public body to comply with FOIA. If the court rules in your favor, it can impose the penalties described above on the responsible individuals.
2. Contact the Virginia FOIA Council: As an alternative, you can request a non-binding advisory opinion from the state’s FOIA Council. This provides an official analysis of the situation without going to court.
3. Document everything: To build your case, keep a detailed record of your FOIA request, all communications with the public body, and the specific information you believe is false.”
The schools are also required to circulate this contract out according to AI even if no bids are required the school should still do the following:
“Competition is required. Even for “small purchases,” the VPPA requires that competition be sought “to the maximum feasible degree”. Public bodies must still use a competitive process, such as getting multiple quotes.”
Three County News will be following up and trying to obtain an interview with Dr. Keith Perrigan Superintendent. And follow up with whether this contract was legal?
