GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I am vetoing Senate Bill No. 285, which is attached hereto.

I am concerned that the Members of the General Assembly who voted for this bill may not have considered all of the ramifications of creating a self-perpetuating board which is unaccountable to the people.

The Miller School was bequeathed to Virginia's Literary Fund shortly after the Civil War by Samuel Miller. Mr. Miller's Will specified that the property that now constitutes The Miller School was to be held by the Literary Fund "forever, in trust." The General Assembly created a corporation pursuant to Chapter 61 of the Acts of Assembly 1874 to carry out the school's mission. Throughout its history, a majority of the school's trustees have been appointed by public officials, ensuring public accountability for stewardship of the Literary Fund's assets. More recently, the school has operated under the governance of a nine-member board, five members appointed by the Governor and confirmed by the General Assembly, two members appointed by the Judge of the Circuit Court of Albemarle county, and two members elected by the other board members. The By-Laws of the Miller School specify that it is "an educational institution of the Commonwealth of Virginia."

The bill has two potential legal flaws that necessitate my veto. First, I am concerned that expanding the board to 23 members appointed by non-state officials would conflict with the intent of Mr. Miller's Will and diminish legal control of the Commonwealth over assets of the Literary Fund. Second, the bill places an employee of the board - the president of the Miller School - in a position to appoint the board members who employ the president. Additionally, I have grave concerns about the precedent and propriety of removing an "educational institution of the Commonwealth of Virginia" from direct accountability to the public by transferring governance to a self-perpetuating board unaccountable to the people.

The Miller School is a tremendous educational asset for the people of Central Virginia. Before we act hastily to remove its governance from the authority of the people of the Commonwealth, I would like additional time to address these concerns with the Attorney General. Accordingly, I disapprove of this bill and am returning it without my signature.