(Jackson, A.)
February 23, 2013
VIA EMAIL TO:
Ms. Lou Brown Ali, Chief of Staff, lou.ali@richmondgov.comThe Honorable City Council
City of Richmond
900 E. Broad St., Suite 200
Richmond, VA 23219 USARe: City Attorney’s Statement
Dear Honorable Members of Council,
It seems that the city attorney misrepresented the law to you and is not acknowledging it. If that is the case, it is a problem.
I believe you will find that the following quotes capture the essence of the matter:
Jackson to city council: “…what happens in a closed meeting is subject to disclosure only if the council as a group says it can be disclosed.”
Taylor to Jackson: “The Virginia Freedom of Information Act does not restrict disclosure. Is there some other law or rule?”
Jackson to Taylor: “…merely because the FOIA contains no such prohibition does not mean the statement was incorrect.”
As you can see, the city attorney did not cite any law or rule.
Thank you,
C. Wayne Taylor
No information received from the city attorney:
From: C WAYNE TAYLOR
Sent: Friday, February 22, 2013 2:40 AM
To: Jackson, Allen L. – City Attorney
Subject: Jackson – Standard Parking – AG opinionDear Mr. Jackson,
Have you seen the recent opinion from the Attorney General regarding the use of license place recognition technology? I am wondering how it might affect Standard Parking’s use of the technology.
Thank you,
C. Wayne Taylor
Beginning April 1, Standard Parking will begin using License Plate Recognition Technology to assist with ‘booting’, or immobilizing, vehicles with three or more outstanding parking tickets. Link
From: “Jackson, Allen L. – City Attorney” <Allen.L.Jackson@Richmondgov.com>
To: C WAYNE TAYLOR
Sent: Friday, February 22, 2013 8:22 AMMr. Taylor
Thank you for your interest.
Allen Jackson
The city says the approval for that temporary raise was a mistake that slipped through unnoticed.
At times checking with City Attorney Allen L. Jackson, Mayor Dwight C. Jones’ administration said it was unable to answer certain questions about the site-evaluation process because the information was proprietary in jail proposals submitted under the Virginia Public-Private Education Facilities and Infrastructure Act.
via timesdispatch.com.
A pair of proposed office developments along Libbie Avenue have Richmond City Councilman Bruce W. Tyler carefully maneuvering between his roles as a public official and a private architect.
via timesdispatch.com WILL JONES.
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
City of Richmond, Virginia
Wed, July 28, 2010 5:11:20 PM
RE: Amended Ordinance 2010-113 Regulation of Dance Halls
From: “Jackson, Allen L. – City Attorney” <Allen.L.Jackson@Richmondgov.com>
To: C WAYNE TAYLOR
Mr. Taylor
Your questions address matters which at this point are properly subjects of discussions between attorney and clients. Thank you for your interest.
Allen Jackson
Allen L. Jackson
City Attorney
900 East Broad Street
Richmond, VA 23219
Direct (804) 646-7969
Cell (804) 337-4712
Fax (804) 646-6653