Why recall?

It isn't easy to quickly answer questions about why I would go to the trouble of gathering signatures on a petition to recall Charlottesville's City Council.

Quite simply put the City has taken a piece of private property in violation of the law and council refuses to acknowledge the matter.

Steephill Street in the Woolen Mills neighborhood is a private road that has always been private property. According to a memo written by Charlottesville's own City Attorney, a street like Steephill is "a private way, and there are no public rights, interests or obligations therein." Yet, the City has seized and now claims ownership of a portion of the street.

If the City were interested in taking Steephill Street for public uses, it could have followed the procedures dictated by the Code of Virginia. The City made it's first encroachment upon the property in question in 2000 and expanded it's claims in 2003, 2004, and 2006. To date, none of the procedures required before government seizure of private property as allowed in the Code of Virginia have been followed or even acknowledged. Seizures of private property without following the procedures required by the Code are violations of rights guaranteed by both the Virginia and U.S. Constitutions.

I have repeatedly brought this matter before council and asked to have the matter addressed. I have made serious accusations of violations of my Constitutional rights by the City. I have provided documentary evidence in support of my position. Other than a brief note from Councilor Lynch in April, which stated that the Mayor had directed the City Attorney not to spend anytime on the issue, and a very brief comment from Councilor Lynch at the last City Council meeting. I have so far received no response from Council or anyone else representing the City.

According to the Charter of the City of Charlottesville, City Council has both the authority and responsibility to address the issues I've raised. Additionally, Councilors have sworn an oath to uphold the Constitution. Finally, Council's own Vision 2025 statement has as one of its 9 themes a call for smart "citizen focused government" and a directive to provide "world class customer service in all city departments." Council has failed in all three of those.

It's sad that it's come to this, but as a citizen, I see no aternative but to petiton the court for removal of Council from office for incompetence and neglect of duty.

There is much more to come as I sort through and post documents to support my claims. Stay tuned.