CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA




  Agenda Date:            May 3, 2021

  Action Required:        Adoption of Resolution (1 reading)

  Presenter:              Charles P. Boyles, II, City Manager

  Staff Contacts:         Charles P. Boyles, II; Lisa Robertson

  Title:                  Public Notice of Council’s Intentions Relating to Confederate
                          Statues



Background:

In 2016 the Charlottesville City Council adopted a resolution stating its intention to remove a statue
depicting Confederate General Robert E. Lee from a City park. Shortly thereafter, a lawsuit was brought
against the City, challenging the City’s authority to remove the statue. In 2017 City Council adopted a
resolution stating its intention to remove a statue depicting Confederate General Stonewall Jackson from a
City park, pending resolution of the lawsuit in the City’s favor. (Together, the Lee and Jackson figures are
referred to in this memo as the “Statues”). Recently, the Supreme Court of Virginia decided the lawsuit in
favor of the City. The City received the Supreme Court’s mandate (final decision) on April 21, 2021. The
mandate releases the City from the prohibitions of the injunction entered by the Charlottesville Circuit
Court in September 2019.

In 2020 the Virginia General Assembly amended the provisions of Va. Code §15.2-1812. The statute now
offers a process by which a local governing body may announce its intentions, conduct a public hearing,
and proceed to vote as to whether to remove, relocate, contextualize or cover a publicly-owned
installation.

Discussion:

Due to the passage of time since Council’s first votes in 2016 and 2017, and to allow the current
City Council an opportunity to make its own decision on this important issue, it is recommended
that City Council take action to reaffirm its intentions. The amended provisions of Va. Code §15.2-
1812 provide an orderly structure for such action.

Attached is a Resolution requesting the Clerk of Council to cause notice of City Council’s intention
to remove, relocate, contextualize or cover the Statues to be published within a newspaper, along
with notice of a date on which a public hearing will be held regarding Council’s stated intention.
The proposed Resolution does not specify a particular date; however, based on the timeline set
forth within Va. Code §15.2-1812, the earliest Council meeting date at which a public hearing
could be placed on Council’s agenda would be June 7, 2021.

Alignment with Council Vision Areas and Strategic Plan: Yes.
Community Engagement:
There has been extensive community engagement on this topic, including a prior City Council’s
appointment and consideration of the recommendations of a Blue Ribbon Commission on Race
Memorials and Public Spaces, which recommendations were developed over the course of many
months of research, deliberations, and listening to public comment.

Budgetary Impact: None at this time.

Recommendation: It is recommended that City Council follow the process set out within Va.
Code §15.2-1812. It is also recommended that City Council request the City’s Board of
Architectural Review to review this matter.

Alternatives: None recommended at this time.

Attachment (1): Proposed Resolution
                           RESOLUTION
AUTHORIZING PUBLICATION OF NOTICE OF CITY COUNCIL’S INTENTION TO
     REMOVE, RELOCATE, CONTEXTUALIZE OR COVER STATUES OF
  CONFEDERATE GENERALS LEE AND JACKSON CURRENTLY LOCATED
    WITHIN CITY PARKS, AND TO HOLD A PUBLIC HEARING THEREON

        WHEREAS, the Charlottesville City Council intends to remove, relocate, contextualize
or cover the statutes of Confederate General Robert E. Lee and Stonewall Jackson installed,
respectively, within Market Street Park and Court Square Park (together, the “Statues”); now,
therefore,

       BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE:

        1.      THAT the Clerk of Council shall cause notice of City Council’s intent to remove,
relocate, contextualize or cover the Statues to be published within a newspaper having general
circulation within the City. Such notice shall specify the time and place of a public hearing at
which interested persons may present their views, not less than thirty (30) days after the date of
publication of the notice, and

        2.     THAT the City’s Board of Architectural Review is hereby requested to consider
City Council’s stated intent to remove, relocate, contextualize or cover the Statues prior to the
public hearing date specified in the published newspaper notice.