City of Richmond City Council v. Wilder

74 Va. Cir. 382, 2007 Va. Cir. LEXIS 296
Richmond County Circuit Court·Decided November 29, 2007·No. Case No. CL07-2426-4·Published·Cited by 1 cases

Opinion

BY JUDGE MARGARET P. SPENCER

This matter is before the Court on a summary judgment motion filed by Plaintiff, City Council of the City of Richmond, and a cross-motion for summary judgment filed by Defendants L. Douglas Wilder, Mayor of the City of Richmond, Tyrone Jackson, Ed. D., Director of Human Resources of the City of Richmond (“Director”), and Harry E. Black, Deputy Chief Administrative Officer. The Court has considered the pleadings, motions, memoranda, arguments, and applicable law. The Plaintiffs summary judgment motion is granted and the Defendants’ cross-motion for summary judgment is denied.

[383] I. Background

The following facts are undisputed.

On April 23, 2007, the Mayor notified Council that several Council appointments were void because Council lacked the power to appoint employees to the designated positions. (Compl. ¶ 6.) The affected employees were “the City Assessor (and through the Assessor, his staff), Council Liaisons, Council Chief of Staff, Council Policy Analyst, Council Public Relations Specialist, Council Budget Analyst, and Director of Legislative Services” (collectively “affected employees” or “affected positions”). (Compl. ¶ 1; Exhibit E, Pl. Memo, Def. Answer ¶ 6;1 Exhibit C, Pl. Memo, Def. Admission ¶ 1.)

On April 24, 2007, the Director of Human Resources notified the affected employees they had to reapply for their jobs and submit a “letter of interest” to retain their jobs. (Compl. ¶ 8; Exhibit C, PI. Memo, Def. Admissions ¶ 4; Exhibit E, PI. Memo, Def. Answer ¶ 8.) On April 30,2007, Mr. Black terminated the employment of the Director of Legislative Services “effective Friday, April 27, 2007.” This employee was the only affected employee who did not submit a “letter of interest.” The notice to this employee was on City of Richmond letterhead that listed Mr. Black as Acting Chief Administrative Officer (“Acting CAO”). The letter was signed by Mr. Black as the CAO. (Compl. ¶ 11; Exhibit C, PI. Memo, Def. Admissions ¶ 9; Exhibit E, PL Memo, Answer ¶ 11.) Mr. Black was not the CAO (Exhibit C, Pl. Memo, Def. Admissions ¶¶ 12, 23), but he was the Deputy Chief Administrative Officer (“Deputy CAO”). (Exhibit A, Defendants’ Memorandum in Support of Cross-Motion.2)

II. Procedural History

On May 10, 2007, the Plaintiff filed a Complaint for Declaratory Judgment, seeking the Court’s declaration as to the powers and duties of Council and the powers and duties of the Mayor, the Director of Human [384] Resources, the CAO, and the Acting CAO under the City Charter of the City of Richmond with respect to Council’s appointment of the affected employees. (Compl. ¶¶ 1-2.)

Council specifically prayed for the following relief:

To declare that Council acted within its powers and duties under the laws of the Commonwealth and the City Charter in creating the impacted positions;

To declare that Council had the power to appoint the employees to fill the impacted positions;

To declare that Mr. Black is not the Acting CAO and may not exercise the duties, responsibilities, or powers of the CAO or acting CAO, until or unless he receives an affirmative vote of a majority of the members of City Council under the advice and consent provisions of the City Charter, and to declare any actions taken by Mr. Black under the auspices of the Acting CAO are null and void;

To declare that the Mayor, the Director of Human Resources, the CAO, or the Acting CAO (when these last two positions are properly filled) have no power to appoint or remove the impacted employees;

To declare that the actions of the Mayor, the Director of Human Resources, and the Director of the Department of Finance exceeded the scope of their authority by taking the actions described above with respect to the impacted positions and that the actions taken pursuant to the Mayor’s letter, the Director’s letter, and the Separation Notice are null and void and without legal effect;

To retain jurisdiction over this matter and that it remain on the docket for a reasonable time for the Defendants to take any actions that are consistent with the declaration sought, and to permit Council, if necessary, to return to this Court and seek all appropriate further relief pursuant to Va. Code § 8.01-186;

To award such other and further relief that the Court deems meet and just under the circumstances. (Compl., Prayer for Relief ¶ ¶ 1-7.)

Plaintiff and Defendants seek summary judgment. Plaintiff claims the impacted positions are legislative positions. Plaintiff also claims (1) Council has the authority to appoint employees to these positions and (2) neither the CAO, the Acting CAO, nor a Deputy CAO has this authority. The Defendants claim (1) the Deputy CAO can perform the same duties as the Chief Administrative Officer (“CAO”) and (2) the CAO has the authority to appoint employees to the affected positions. The parties agree the facts material to the resolution of the Plaintiffs motion are undisputed. (Def. Memo, p. 4; PL Memo, pp. 4-5.)

[385] III. Summary Judgment

“A trial court may enter summary judgment only if no material fact is genuinely in dispute. Rule 3:18 (now Rule 3:20). A court in considering such a motion must adopt those inferences from the facts that are most favorable to the non-moving party, ‘unless the inferences are strained, forced, or contrary to reason’.” Carson v. LeBlanc, 245 Va. 135, 139-40, 427 S.E.2d 189, 192 (1993) (citation omitted). In reviewing motions for summary judgment, the Court can consider undisputed facts established by pleadings, admissions in pleadings, and admissions made in answers to requests for admissions. Hanley v. Stanley Martin Cos., 266 Va. 345, 351, 585 S.E.2d 567, 571 (2003). “ [Statutory interpretation. . . presents a pure question of law.” Torloni v. Commonwealth, 274 Va. 261, 266, 645 S.E.2d 487, 490 (2007). Here, there are no material facts genuinely in dispute and the Plaintiff is entitled to judgment as a matter of law.

IV. Analysis

A. Does the Deputy CAO Have the Same Power, Duties, and Responsibilities as the CAO?

This Court’s analysis begins with the undisputed fact that the personnel actions at issue were not exercised by the CAO. Mr. Black, a Deputy CAO, exercised them. In fact, “[defendants do not dispute that Mr. Black is not now, nor was he ever, confirmed by City Council to the position of Chief Administrative Officer or the position of Acting Chief Administrative Officer.” (Def. Memo, p. 8.) Therefore, the initial issue before the Court is whether a Deputy CAO has the authority to appoint employees to the affected positions.

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City of Richmond City Council v. Wilder, 74 Va. Cir. 382, 2007 Va. Cir. LEXIS 296 (Va. Super. Ct. 2007).

74 Va. Cir. 382 (City of Richmond City Council v. Wilder) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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