Subject: RE: Pesce
From Jaysen McCleary’s email records. The messages are presented in conversation order. Contact details, routine signatures, email footers, and server headers are omitted. Spelling is preserved; quote marks, spacing, and paragraph breaks are normalized for readability. Statements in the exchange are the speakers’ positions.
Jaysen:
Section 3-12 of the Des Moines City Code only applies when the relevant "substantive provisions" of the City Code "specifically authorize an appeal." (See Section 3-11).
Section 18-167 does not specifically authorize an appeal.
Therefore, there is no basis for a stay under Section 3-12.
- Jay Casini
Jason,
18-167 does not apply in this situation to dogs that did not bite and were inside. You are either making a huge mistake or an excuse to cover for Tina's illegal behavior. But regardless, are you going to advise your clients to wait until April 11th or until their is a definitive response from the city?
Sgt. Butlers illegal decision to give Ms. Pesce's dogs to the ARL does not absolve your client of wrong doing and his decision is a city official decision that is appealable. Regardless the constitution and civil forfeiture act make your clients seizure of these dogs illegal.
Are you going to advise your client to not take any action until there is a definitive action by the city or are you trying to make an excuse for them already killing one or more of Ms. Pesce's dogs?
I need to know if all of her four dogs are alive right now or not?
Jaysen:
As you should be well aware by now, I do not plan to disclose any legal advice that I provide to a client. It is confidential and subject to attorney-client privilege.
It is my understanding that the City concurs that no appeal is available, so Section 3-12 of the City Code does not apply to this situation.
If you can identify any "substantive provision" of the City Code that would "specifically authorize an appeal" under these circumstance, I’ll certainly consider it.
I also strongly disagree with your contention that there was any "wrongful" conduct by either the City or the ARL, but I don’t intend to debate it with you.
The ARL declines the settlement offer presented on behalf of your client yesterday.
- Jay Casini