Richmond restructuring plan needs council approval

Richmond Mayor Dwight C. Jones' plan to reorganize several city departments won't be legally binding without approval by the City Council, City Attorney Norman B. Sales said yesterday.

At the request of several council members, Sales issued an opinion on the restructuring plan announced last week by the Jones administration. He said the city charter gives Chief Administrative Officer Byron C. Marshall the power to temporarily reassign employees under his control but reserves for the council the authority to alter or reorganize city departments.

In light of Sales' legal opinion, at least one council member says the administration needs to accelerate its plan to seek council approval.

The city's plan would create a new Department of Economic and Community Development from what has been the Department of Economic Development, the Office of the Manager of Real Estate Services and part of the Department of Community Development.

Peter H. Chapman, hired this summer as deputy chief administrative officer for economic and community development, would lead the new department, which would control the city's real estate holdings and its business-development financing programs.

The Department of Community Development would become the Department of Planning and be led by Rachel O. Flynn, currently the director of community development.

Marshall told the council Monday that he expected to submit by January or February a series of proposed ordinances related to changes as well as potentially others.

"I am unaware of the manner in which the chief administrative officer might intend to effectuate his proposed reorganization prior to submitting the requisite ordinances for the council's consideration," Sales wrote yesterday. "However, it is my opinion that, until such as time as the council should change the current duties and functions of the various departments and offices in question . . . those duties and functions continue to legally exist for such departments and offices."

In light of Sales' opinion, Councilman Bruce W. Tyler, who requested the legal opinion, said he doesn't believe the administration can wait until next year to seek council approval.

"I expect the administration to follow the law as I will follow the law," he said.

The city administration is giving no indication that it will alter its timetable for seeking council approval.

Contact Will Jones at (804) 649-6911 or .