So it seems on facebook that the esteemed Mayor of C'ville..

[Major Kong]

is throwing the whole shebang under the bus.

Statement on Closed Session Regarding Personnel Matters on 8/24/17

Our traumatized community is mourning, grieving, and grappling for a way forward after the terrorist attack on August 12. Councilors are no exception. When I temporarily left the City Council meeting on August 21, I needed to talk and meet with and reassure my very worried wife, which I felt I had no option but to do. Those difficult and necessary conversations are happening all over the city, each in their own way.

While there is a huge amount of emotion in our town—as evident during our meeting on August 21—healing is also beginning. This catharsis is part of that process. We were invaded by evil, and how we respond to evil is a great test of our character. My fear is that this evil will pull us down with it. My hope is that as that horrible day begins to recede in our memory, the evil that came here will be met with the best of our collective character. That rage will subside in favor of redemption. That love will conquer fear.

Part of progress will be truth, and accountability. On Monday, we saw a public crying out for answers. In our City Manager form of government—a system that goes back to the Progressive era, and which every city and county in Virginia other than Richmond has—the Mayor and Council unfortunately cannot provide many of those answers. The Police Chief reports to the City Manager, who has total operational authority over operations like the ones on August 12. The Mayor and Council have no operational role.

In this form of government, Council is responsible for hiring and firing the City manager, for making policy (such as resolutions and ordinances), for passing the City’s budget, for being a conduit to public concerns, for service on various committees, councils, and commissions, for their own ad hoc or special projects, and for being ambassadors for the City.

In many senses, we are a combination of the legislative and judicial branches of government. What we are not, however, is the executive branch of government.

A few facts regarding the role of elected officials in a city manager form of government during an event like August 12 would probably surprise anyone learning for the first time about this form of government.

For instance, we were not given the security plan for August 12. During a briefing on the Thursday before August 12 with the Police Chief, the Fire Chief, and the City Manager, when I asked the Police Chief what I could do to be helpful during that day as Mayor, he answered, “Stay out of my way.” Despite repeated requests, I was not allowed into the City’s Command Center (run by City staff) and was instead asked to be in the Emergency Operations Center (where fire, rescue, and other stakeholders were monitoring the situation).

This is more reason why the conspiracy theory circulating among the fake news and alt-right networks that I somehow ordered a “stand down” among the police is even more crazy than it seems. I simply don’t have that legal authority. I couldn’t order a “stand down” if I wanted to.

Given those constraints, I spent the bulk of my time leading up to August 12 on the hard work of trying to move the event to a different location.

Understanding from our staff and other experts that the state of our law regarding these events meant that any attempt to cancel the rally would certainly have been shut down in court, I spent dozens of hours conferring with lawyers, law professors, staff, other mayors, security professionals, and other experts to develop another option.

That option was to move the event to a more spacious location where there could have been substantial “green field” between the protesters and counter protesters. After reviewing all locations in the City with the City Manager, the best option was McIntire Park. In the weeks leading up to August 12, I advocated for McIntire Park, including extensive discussions with my colleagues and staff. I successfully led the drive to hire an outside law firm to advise the City Manager and Police Chief on how such a plan could be developed on the strongest legal grounds.

Despite these efforts, the state of First Amendment law regarding these events is badly antiquated. We saw what happened. After the City Manager and Police Chief announced their decision that the rally would be relocated to a safer location—relying principally on the advice from our attorneys that the size of the event was the most “content-neutral” grounds for moving it—Jason Kessler immediately stated he would not respect the decision: that he would still head with his people to Emancipation Park. We were then sued by the Virginia ACLU and the Rutherford Institute. And a federal judge ruled against our decision on Friday night, just as we had feared.

During that week, City Council was under firm instructions not to speak about the rally at all, except to refer to its size.

For a public looking for condemnation of groups like the KKK and Nazis, this was very frustrating. It was frustrating for me, too. But if we had spoken out against the content of the speech that was coming to Charlottesville—against its bigotry and hatred—it would have made it even more likely that a judge would have found the removal decision to be “content-based.”

So we were muzzled. And it didn’t even make a difference, because in the tragic decision issued at 9:30 on Friday night, the federal judge still cited prior statements I had made about the bigotry and hate coming to our loving town. Our public statements of our feelings about this evil were held against us.

I hope this has explained some of what City Council can and cannot do. Where City Council does have a role, though, is in accountability. The City Manager works at our pleasure, and he is responsible for the staff under his command, in our form of government.

That is why we have called for an independent review of all decisions related not only to August 12, but the July 8 KKK rally and the prior torch-lit rally at Emancipation Park. This review will also include recommendations of reforms and new policies going forward. This process will require care and diligence, and will take skilled professionals 2-3 months. I expect the review to be announced shortly.

It is also why we have retained the skilled professionals of the federal government's Community Relations Service, which works with communities dealing with racial and ethnic strife and civil disorder. Under their guidance, the City Manager has appointed a community task force who will begin the process of a vision and plan for our community going forward. And their skilled mediators will run the town hall now scheduled for 3-5 p.m. this coming Sunday at the Martin Luther King, Jr. Performing Arts Center at Charlottesville High School.

And this is why City Council deemed it necessary to hold an emergency closed session today with the City Manager to discuss personnel matters. The events on August 12 have raised serious questions about the City’s handling of security, communications, and governance. These are questions Council can and should ask as the ultimate authority over the City Manager in our form of government, and we are starting that process today.

I understand the public is impatient. But we must undertake this process with utmost care, and we must do it in accordance with our procedures. We will get this right, we will do it together as a governing body—and we will move forward as a City.

Thank you.

[BigDave]

Then fire your city manager if he wouldn't let you into the command center.

In many senses, we are a combination of the legislative and judicial branches of government.

Umm ... no ... you're legislative in many senses. You're not judicial at all.

[Major Kong]

Then fire your city manager if he wouldn't let you into the command center.

In many senses, we are a combination of the legislative and judicial branches of government.

Umm ... no ... you're legislative in many senses. You're not judicial at all.

This quote is telling:

Despite these efforts, the state of First Amendment law regarding these events is badly antiquated

[HokieHam]

Then fire your city manager if he wouldn't let you into the command center.

In many senses, we are a combination of the legislative and judicial branches of government.

Umm ... no ... you're legislative in many senses. You're not judicial at all.

This quote is telling:

Despite these efforts, the state of First Amendment law regarding these events is badly antiquated

Democrats don't like free speech.

[awesome guy]

Sounds like your typical know nothing and do nothing hoo

[USN_Hokie]

This is going to be hilarious to watch unfold.

[WestEndHokie39]

Then fire your city manager if he wouldn't let you into the command center.

In many senses, we are a combination of the legislative and judicial branches of government.

Umm ... no ... you're legislative in many senses. You're not judicial at all.

This quote is telling:

Despite these efforts, the state of First Amendment law regarding these events is badly antiquated

The quote regarding the First Amendment is horrendous, and the Democrats running for office in Virginia would agree with it. In fact, I think most, if not all, of the Democrats who would possible run for office in 2018 and 2020 would agree with it.

I'm not voting for any of the left totalitarians until they demonstrate an understanding of rights.

[Major Kong]

The quote regarding the First Amendment is horrendous, and the Democrats running for office in Virginia would agree with it. In fact, I think most, if not all, of the Democrats who would possible run for office in 2018 and 2020 would agree with it.

I'm not voting for any of the left totalitarians until they demonstrate an understanding of rights.

I could just imagine when I read that quote several thousand "loons" salivating like rabid dogs, shaking their heads in the affirmative and raising their iPhones in the air in agreement.

[RiverguyVT]

Whaaat!?
Was the mayor drinking when he wrote that?

[133743Hokie]

He's in way over his head

[HokieFanDC]

Whaaat!?
Was the mayor drinking when he wrote that?

Kool aid, and lots of it.

[HokieHam]

He's in way over his head

Hmmmmm........