City Attorney
The city says the approval for that temporary raise was a mistake that slipped through unnoticed.
VIA EMAIL TO: allen.l.jackson@richmondgov.com
Tue, September 14, 2010 10:28:05 AM
Mr. Allen L. Jackson, Esquire
Office of the City Attorney
900 E. Broad St., Room 300
Richmond, Virginia 23219
Re: Amended Ordinance 2010-113 Regulation of Dance Halls
Dear Mr. Jackson,
I requested that you email to me copies of any information your office provided to any city council member regarding any of the items I listed in my July 26th inquiry to you about the specific provisions of law that authorizes the City of Richmond to enact the items.
I indicated that I had posted the list along with some relevant legal material on the internet. I especially called to your attention the Dillon Rule material. I thought it should be clear that the proposed ordinance needed work.
http://cwaynetaylor.wordpress.com/category/city-council/members/2nd-samuels-c/dance-hall-ordinance/
Your assistant, Mr. Holsten, responded on your behalf and attempted to assert a “confidentiality” exclusion to the Virginia Freedom of Information Act. Mr. Holsten has confused the evidentiary rule of attorney-client privilege with the ethical duty of confidentiality. (See Mr. Thomas E. Spahn’s works on the subject.) He should have referenced the “written legal advice” exclusion.
I also want to point out that city council may choose to allow legal advice to be distributed to the public. I see no good reason to withhold legal advice from the public regarding the validity of a proposed ordinance regulating the public.
1. Has your office asked for or received guidance from city council regarding the release of legal advice on this ordinance, other specific ordinances, or other ordinances in more general terms?
2. I would appreciate it if you would tell me how many pages of legal advice your office sent to city council regarding the dance hall ordinance.
Sincerely yours,
C. Wayne Taylor
www.cwaynetaylor.wordpress.com
Copy: City Council
Essential to a well managed government is that information flows freely from both the citizens to the government and from the government to the citizens. Moreover, citizens expect and deserve a responsive government.
–Mayor Dwight Jones
www.cwaynetaylor.wordpress.com/freedom-of-information
Thu, August 5, 2010 11:35:24 AM
From: “Seitz, David – City Attorney” <David.Seitz@richmondgov.com>
To: cwaynetaylorIn the City Attorney’s absence, I will expand on his previous response. By Charter Section 4.17 and City Code Section 2-131, the Office of the City Attorney provides legal advice and assistance only to the Mayor, City Council and City agencies, departments and employees.
David W. Seitz
Deputy City Attorney
900 E. Broad St., Room 300
804-646-1234