Rudolph Won’t Say Who Authorized Appeal Of Homeless Decision

By Mike Archer. Deputy City Manager Jake Rudolph will not tell Abbotsford Today who decided to appeal the decision by BC Supreme Court chief justice Christopher Hinkson that the case against the City of Abbotsford brought by Pivot Legal Society on behalf of the Abbotsford Chapter of the BC/Yukon Drug War Survivors (DWS) should go ahead.

On Thursday, Abbotsford Today published the Notice of Appeal dated October 23, 2014.

The matter has never been brought before council, which has been in a virtual logjam over the issue since the Jubilee Park evacuation, and Rudolph refused to give any inidication whether it was Mayor Bruce Banman, City Manager George Murray of Rudolph himself who instructed the City’s law firm to appeal the decision.

Rudolph would only say, “The legal firm of Murdy and McAllister has been authorized to represent the City in the legal proceedings referenced,” before saying that any further comment was impossiible because of the legal nature of the enquiry.

Abbotsford Today followed up asking, “>Respectfully, Are you saying that the firm of Murdy and McAllister is making these decisions on it’s own, without consulting the City of Abbotsford?”

Rudolph responded saying, “Not saying that. The firm is is regular contact with staff and as required with Council.”

When asked, again, who made the decisions, Rudolph responded, “Council makes all major policy decisions as a fundamental governance principle. Legal matters are a closed or in camera matter and I am unable to comment.”

Today has asked but has not heard from one sitting councillor who will say they knew of the decision to appeal the Chief Justice’s ruling at least one councillor knew nothing of the decision.

Rudolph’s finally reply to Today’s continued questioning was, “Council is bound by confidentiality as is staff when it comes to Closed matters and I am not prepared to comment on legal matters.

The case has already been dragging on for months because the City and the Abbotsford Police Department (APD) have raised objections to the case even being heard. The Chief Justice denied all of the City’s objections and instructed the APD to cooperate with Pivot legal Society and provide information it has so far refused to provide.

The Drug War Survivors (DWS) have objected, ever since they were evacuated from Jubilee Park last Christmas on an order obtained by the City based, in part, on assurances from the City7 that there were enough shelter spaces available in Abbotsford for all of Abbotsford’s homeless population.

In addition, last month the DWS protestetrs attempted to use their own donated pre-fab housing materials to provide themselves with better shelter against the elements during the cold and the snow since they are being forced to wait as all of the City’s delay tactics and appeals work their way through the courts, but the City moved in with a police escort to dismantle the small, 10′ x 10′ shelters they had built, take them away and confiscate the rest of their building materials.

Asked about the appeal and Rudolph’s refusal to release information regarding who made it, DWS founder Barry Shantz said, “I think the people of Abbotsford deserve to know who is pulling the strings behind this endless war on the homeless. Our people are now set to spend their second winter on the streets fighting this inhumane City and they won’t even let us use our own wood to protect ourselves against the cold and the rain while they persist on endlessly delaying our legal action against them. We desrve to know who is doing this to us. Who was it that ordered the use of chicken manure against us? Who is that is treating us this way?
 
 
 

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Council is bound by confidentiality as is staff when it comes to Closed matters and I am not prepared to comment on legal matters.
Jake Rudolph
Deputy City Manager
Tel: 604-864-5508 Fax: 604-864-5601
Email: jrudolph@abbotsford.ca
The information transmitted herein is confidential and may contain privileged information. It is intended solely for the person(s) or entity(s) to which it is addressed. Any review, re-transmission, dissemination, taking of any action in reliance upon, or other use of this information by persons or entities other than the intended recipient(s) is prohibited. If you received this in error, please notify the sender and delete or destroy all copies.

OK Jake. I’m just trying to get a straight answer which I can publish.
Are you now saying that Council decided to appeal the Chief Justice’s decision and the reason you can’t tell us is that they met in camera?

If you are saying it was not the mayor; and it was not the City Manager; and it was not you and it was City Council who instructed the law firm to appeal the Chief Justice’s decision you should know, we have not had a single councillor tell me they knew about this decision, so I would be careful what you say.

Mike Archer
Managing Editor
Today Media Group
AbbotsfordToday.ca LangleyToday.ca ChilliwackToday.ca PittMeadowsToday.ca
Council makes all major policy decisions as a fundamental governance principle. Legal matters are a closed or in camera matter and I am unable to comment.

Jake Rudolph
Deputy City Manager
Tel: 604-864-5508 Fax: 604-864-5601
Email: jrudolph@abbotsford.ca
City-Email-Signature
The information transmitted herein is confidential and may contain privileged information. It is intended solely for the person(s) or entity(s) to which it is addressed. Any review, re-transmission, dissemination, taking of any action in reliance upon, or other use of this information by persons or entities other than the intended recipient(s) is prohibited. If you received this in error, please notify the sender and delete or destroy all copies.

But you can’t tell us who is making the decisions regarding strategy/policy regarding decisions suich as the one to appeal the Chief Justice’s decision?

Mike Archer
Managing Editor
Today Media Group
AbbotsfordToday.ca LangleyToday.ca ChilliwackToday.ca PittMeadowsToday.ca

——– Original Message ——–
Subject: Re: Legal Decision – For Publication
From: Jake Rudolph
Date: Sat, November 01, 2014 11:23 am
To: “mike@abbotsfordtoday.ca”

Mike
Not saying that. The firm is is regular contact with staff and as required with Council.

Sent from my iPad
——– Original Message ——–
Subject: RE: FW: Legal Decision – For Publication
From: mike@abbotsfordtoday.ca
Date: Fri, October 31, 2014 5:39 pm
To: “Jake Rudolph” jrudolph@abbotsford.ca

Respectfully, Are you saying that the firm of Murdy and McAllister is making these decisions on it’s own, without consulting the City of Abbotsford? Mike Archer Managing Editor Today Media Group AbbotsfordToday.ca     LangleyToday.ca     ChilliwackToday.ca     PittMeadowsToday.ca   ——– Original Message ——– Subject: FW: Legal Decision – For Publication From: Jake Rudolph jrudolph@abbotsford.ca Date: Fri, October 31, 2014 5:23 pm To: mike@abbotsfordtoday.ca Mike George Murray has forwarded your enquiry to me. The legal firm of Murdy and McAllister has been authorized to represent the City in the legal proceedings referenced. Any further comment unfortunately is not possible given the legal nature of your enquiry.   Jake Rudolph Deputy City Manager Tel: 604-864-5508  Fax: <604-864-5601 Email:jrudolph@abbotsford.ca The information transmitted herein is confidential and may contain privileged information.  It is intended solely for the person(s) or entity(s) to which it is addressed.  Any review, re-transmission, dissemination, taking of any action in reliance upon, or other use of this information by persons or entities other than the intended recipient(s) is prohibited.  If you received this in error, please notify the sender and delete or destroy all copies.    From:mike@abbotsfordtoday.ca Sent: Friday, October 31, 2014 10:32 AM To: George Murray Subject: Legal Decision – For Publication   Good morning George, Re: City Appeals Homeless Decision http://www.abbotsfordtoday.ca/city-appeals-homeless-ruling/ Councillors are saying they knew nothing of this. As far as I understand the powers under the legislation the Mayor has the authority to make such decisions and instruct the lawyers. As this was not a decision of council, was this a decision made by Mayor Banman, yourself or somebody else. If the decision was made by somebody other than you or the mayor could you please tell us who. Mike Archer Managing Editor Today Media Group AbbotsfordToday.ca     LangleyToday.ca     ChilliwackToday.ca     PittMeadowsToday.ca