WHEREAS, the City of Virginia Beach is a municipal corporation organized pursuant to applicable divisions of the Code of Virginia; and

WHEREAS, James K. Spore is the City Manager of the City of Virginia Beach, and as such, possesses certain authority and powers as described generally in Chapter 4 of the Virginia Beach City Charter and more particularly elsewhere in the City Charter and Code of Ordinances; and

WHEREAS, it being the obligation of the City Council of the City of Virginia Beach to appoint and employ an appropriate individual to serve as City Manager (Charter, §4.01) and to address appropriately any misconduct attributable to the City Manager; and

WHEREAS, City Ordinance §2-89 provides for a Council-initiated review of the performance of the City Manager, and

WHEREAS, City Charter §3.10 provides the Council with the authority to investigate affairs of City government and actions of employees such as City Manager Spore; and

WHEREAS, it appearing that City Manager Spore has been involved in repeated violations of the Virginia Freedom of Information Act, Code of Virginia §2.2-3700, et. seq.; and

WHEREAS, both as a matter of City policy and as a matter of law, it is required that the City Manager and the City Council obey and comply with the requirements of the Virginia Freedom of Information Act; and

WHEREAS, City Manager Spore’s failures to comply with the Virginia Freedom of Information Act have cost the City of Virginia Beach significant sums of money, have resulted in public criticism and have generated a sense of distrust and ill-will among City employees and the public at-large; and

WHEREAS, City Manager Spore recently committed another violation of the Virginia Freedom of Information Act, as evidenced by the attached opinion from the Virginia Freedom of Information Act Advisory Council dated June 18, 2003 (Opinion No. AO-15-03); and

WHEREAS, it appearing that the City Council of the City of Virginia Beach has yet to take action to address and remedy City Manager Spore’s violations of the Virginia Freedom of Information Act; and

UPON CONSIDERATION WHEREOF, the International Association of Fire Fighters

(Local 2924), The Virginia Beach Police Benevolent Association, the Virginia Beach Police Supervisors’ Association, and the International Union of Police Association feel it necessary and appropriate to express their concerns to the Virginia Beach City Council in the form of this Joint Resolution;

It is RESOLVED and PROCLAIMED by the International Association of Fire Fighters

(Local 2924), The Virginia Beach Police Benevolent Association, the Virginia Beach Police Supervisors’ Association, and International Union of Police Association that the City Council of the City of Virginia Beach shall be requested in the form of this JOINT RESOLUTION to take the following action:

1. Conduct a public investigation and hearing wherein City Manager Spore will be examined by members of the Virginia Beach City Council as to the reasons why he has engaged in repeated violations of the Virginia Freedom of Information Act;

2. Issue appropriate sanctions against City Manager Spore for his repeated violations of the Virginia Freedom of Information Act;

3. Issue a resolution reaffirming the commitment of the City Council to the policies and requirements set forth in the Virginia Freedom of Information Act;

4. Issue a directive to all department heads in the City of Virginia Beach commanding them to comply with the policies and legal requirements set forth in the Virginia Freedom of Information Act, and further commanding that no City official shall take any action designed to thwart the use of the Virginia Freedom of Information Act by any City employee or any other person or organization.

WITNESSETH the following signatures in support of this JOINT RESOLUTION:

International Association of Fire Fighters
(Local 2924)
by William P. Bailey, President

Virginia Beach Police Benevolent Association
by Ray Bach, President

Virginia Beach Police Supervisors’ Association
by Chip Condon, President

International Union of Police Association
by Sam A. Cabral, President