Richmond Mayor L. Douglas Wilder said in a letter today today that he plans to take no action regarding City Council's investigative report on his administration's attempt to evict the school system from City Hall last fall.

Council President William J. Pantele couldn't be reached today, but Wilder's letter could prompt the council to refer the matter to Commonwealth's Attorney Michael N. Herring for possible prosecution.

Councilman Bruce W. Tyler said today he expects strong consideration of that option when council meets Monday.

"I don't know any reason not to if we have exhausted every ounce of diplomacy we have on this," he said.

The council report, released in May, said the attempted eviction Sept. 21 cost taxpayers nearly $1 million and included a "willful failure to comply with the budget ordinance."

Such a violation -- after written notice is given by the council president -- is a Class 3 misdemeanor, punishable by a fine of up to $500.

Herring said today that his office had not been asked to look at the matter. "It would be referred to me, at which time I would make a decision on whether to prosecute or not."

The Wilder administration's attempt to move the city's school offices to leased space at 3600 W. Broad St. was blocked by Circuit Judge Margaret P. Spencer and is now the subject of an appeal to the Virginia Supreme Court.

Wilder sent today's letter to the council as a follow-up to a June 11 letter from Pantele that gave the administration 30 days to address the report's findings.

Specifically, Pantele had asked "that all monetary transfers and expenditures not made in compliance with the city budget laws be reversed and that the accounts be reconciled."

In his response, Wilder said he disagrees with the basis of Pantele's letter and noted that an appeal is pending on whether his administration had overstepped its authority.

"Not only does the administration disagree with these premises but as a practical matter it simply does not know what it is being asked to do because your requests are too vague to be meaningful," Wilder said.

Contact Will Jones at wjones@timesdispatch.com