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HomeMy WebLinkAbout11221985aMINUTES SPECIAL C~TY COUNCIL NOVEMBER 22~ 1985 Novm~er 21, 1985 FR~4 ; Lt. John L. SUlk]SCi': Depo~lrl~mg~m~b I have reviewed mao (2) c~pos~ ~--B~lph E. 9mith, or~ datexl Itmsday, August 27, 1985 taxi k~ dated~iday. October 18, 1985. Both regarding Stat~ of Flor~ta va. ~ Patrl~.k Flood. In reviewing theae d~po~itic~ ,,[ fo~ nrm~r~ ~tag~l~lts ~ by Ralph Smith which are bla~~dictions frc~ cn~ d~position are true m~d which are not, my camcern at this tl:~ is zhac Ral i f~ixxrf~t tbf~ l)eb~v~or/~ d~d~edi: nor only/r~l to ch :h~ publ I do nor feel we shoald ~ l~ilph S~r.h'a bo. tmvlor by lte~ him as a police offLc~r. MINUTES SPECIAL CITY COUNCIL NOVEMBER 22~ 1985 Sec,-2.11, Supervision and removal or suspension of city officers. (a) The mayor shall have general supervision over the fire de~m~.ment, the~..~e d?~part~ment, the building official and afl 9~r c~t~ o[D_cerLjun~i I~a~ examine into the condition of t-%e ~fJices, boo~ roc~tr~s/and papers thereof tad the m~ner of conduct~g offic~ busino~. He/she shall report to %h~-~ity eoun ;il ali vieh~tions or neglect of duty of ~y o~fi~i~Jtl~t may some to bis/her knowledge. Ho/~he shall m~4~uc~com~endati~ds about city bu~inm to the city' council as be/she deem~ advisable. (b) Th~ cq-~'~ shall have authority to remove My city officer'for :a~u~y a vote of at least thr~ (3) meml~rL The m~yoe shal~ l~e authority to suspend any officer, except coon :il~n~n,['fbr misconduct in office, or neglect of duty, re~par~ir~g ibiS/her action in writing, with reasons therefor,xta.~he ~kt regular meeting of the council or a special meeting called for such purpose, for it~ approval or · --.~disap~ar.~val. ~ ki,,ce ~ aa~pen~ mad~tl~_ reasons I% t~herelfo, r ~hal]t'h gi~e~f.gn vz~.iking ~o tl~e.sOiape.d~ ogficer by ailln ada.q,, the suspending such officer, such officer shall thereupon stand removed and his/her office vacated. If the council shall .or approve the action of the mayor by a vote of at lea~t three (3) members in suspending such officer, the officer shatl resume his/her duties. PHOTO COPY OF EXCERP[ OF SECTION 2.it OF THE CIIY CHAR1ER, CODE OF ORDINANCES, CITY OF SEBASTIAN, FLORIDA~ COPY PREPARED BY D. KRAGFS, CITY CLERK, AS INSERT f'OR SPECIAL CII'Y COUNCIL MEETING MINUIES OF NOVEMBER 22, 1985, · MI NUTES SPECIAL CITY COUNCIL. NOVEMBER 22, 1985 G~£GORY J. ATTORNEY AT LAW P. O. 6OX 3U4 lb07 U.~. 1, SUITE 2 iEiilA$'I-IAN, FLORIDA 32B~ ~6 · 689-0066 GEORGE H. GORE OF COUNSEL Mayor Jim Gallaghe~ ~.O. Bo~ 127 ~ -- Seba~lgn, Elorid~ Peac Ha~or G~ll~her..' F ~OU hav~ ~kod 'me to ruviuw ~du~s' i~ions of Ralph Smith rogarding the ~ca~ of State v. Seth Patrick Flood, Jr. Particularly, ' 'you requ~steO~n ~ni~~rd~ In ~he foritier deposition the balance o~ Corporal Smi~h'~ Polic~ Depa~moD~..nor any atmospher~ oxi~tin9 ~ong the auperior officers of' th~ Departmun t regardin9 dimcriminatory corporal $1ai~h a~rt~ that there weru num~rou~ occamio~m even~ ~urrounding ~a;lle which iud Corporal Smith tO beli~v~ that Your attention and the a~tentio~ of tho~ respon~iblu for ~'oVieWl~9 ~his mat~er ia directed ~o ~he followin9 pagu~ of depositions', ~opi~a of which you hav~ presented to m~ for ?bO ~i[~tion~ ~i1% ~ li~ted chronologlcally b~loW. RECEiVED NUV 2 MINUTES SPECIAL CITY COUNCIL NOVEMBER 2~, 1985 ii I I Il J~lll ~ ...... ' Au~us~ 27, 1985 Pg. 16, line 19 et, seq, Pg. ].8, line 14 et. seq. pg. 18, line 2 et. seq. pg. 18, ]_ii',e 13 et. seq. Pg. 210 line 21 et. seq pg. 28, line 15 et. seq. pg. 29, lines 1 th£ou§l% 14 Pg. 32, line 12 October 18, 1985 Pg. 5, line 15 et. seq. Pg. 6, line 14 et. seq. Pg. 6, line 20 et. seq. Pg. 6, lXne 14 et, seq. pg. 6, line 2 et. seq. Pg. 7, line 22 et. seq. . 6, line 14 et. seq. .~ine 13, pg. 6 lin~ 2 \/. Ill the initial depo.~it£~ of Corp~rallS~ith he testified under against former Mayor F~ ~Ch~ NaZi or oth~r ~uperiorm l~ th~ Police Department. Him subsequent te~t imony pres~nt~ a clramatically different point~ v~regardin9 har~sm~at of thru former Mayor. in conclu~ion~ ~t~w3~ appear that Corporal Smith facts, or other behaviour which w?u~ bear u~on ~h~ credibility ol' statements made ~n both ~pc~ti~nm. Gregory GJG/sw CUTY CLERK MAYOR T~ESE MINUTES WERE APPROVED BY CITY COUNCIL AT THEIR REGULAR MEETING ON MARCH 12, 1986. 3 4 7 10 11 14 1§ 17 '24 STAT~ OF FLORZDA~ C=T~ PATRIC~ FLOOD~ ~R., IN T~ COUNTy COURT OF "' ZNDZAN R~V~R COUNT¥~ F~ORZD~ 1 7 10 11 14 !2 la 21 SALIVA & McDONOUGH~ 2~2~ 14th Avenue 2 ~" You'ro a ~oad the way it ~ .Pi~omm~ and 11 13 14 17 A Talk tO mC, tho~, g ~t'~ 9~ ba~k. ~im~ why h~ w~n't couldn~ 9¢t tO it. A Woll, y~ah. Okay? ~ didn't Pu~choN and F~ood 1 4 14 A Okay, you weren't Floo~ had ~ oo~v~;~ation? b~ck to yo~ and PiSomm~. wa~ with Pi$omma, O~ ~onvor~t%on~ charged. A ~O b~ honest with you, a~ke~ him wh~ w~n~ down out down th~, too. O Who did yo~ h~ar A Oh, that wa~ E~om ~v~bo~. of a~holo~ and h~ didn't know wight Q An~ thoro wa, mor~ 7 lQ 11 12 14 1.8 16 17 A .Q A A Name me a Andy did, Andy cag~lon'e t01d you that A1 Right, And there a' Ho. He didn't tell m~. wer~ complainin~ about tho~e au~t tho~ two.o~fi~r~ A Yeah. Q All right, Go Why, you know, F%oo~ waan'C'a~No~OQ ~wn ~h#~#, 13 14 thing T daw wam the mou~h%ng ~:w~gn ~uacher #hQ -- Q Did you ~e¢ ~$ o~ h#~ ~ o~ bOSh? 17 18 23 24 or h~ar~ between Puach~r A An~ PUscheN -- -- th~ boy? A The boy wad already gOnO, Q All r~ght. Go A And Puache~ and Flood 10 11 14 ~hu~, Let Ua handle it," Okay. ~h~n ¥~ood abut up ~ht th~n. 17 21 22 23 the ~ and Doug. Wa~ Pu#che~ ~nvo~vo~ a)~o? No. No, Pu#ch~ Waa 0cae ~Y th~# time, 1 7 10 11 12 14 17 18 2O 21 9 back. g And picked up the Veh~, o~ the A Right. And, you know, but, ~t th~ ~i~#, do with him. O. All right. O Okay. your ob§ervation~ while you Right, Okay, 4 o ok~. 11 13 14 somebody i~ engaged in a certain copduc~ ~ha~ m$~h~ ~ 20 21 clo~e ~o breaching the peace ~0 ygU 9~1 b~$c~!¥ him a chance ~o bach of~ and Walk try ~o do the b~t you can and ~hey ~lve you go," and tha~'~ every officer. 23 ha~ certain discretion? 24 A And the discretion i~ ~erci~ed? 1 2 7 11 ~4 17 2! ,A Right. Am far as I knoW. All right, And Dave ?uscher chose A Right. WelI, in th~ ~am~ Q No. My qu~tion, right now -- L~ ~ -- A NO. to ~ Flood, ba~ed on your observation A Right. The ~ituatiO~ was At that point, A point? A At that point, wi~h my All right. But you got to rememb&r anything that happened before couldn,t you, baaed on -- A A NO. -- i: you f~lt -- I didn't ~ee enough, 1 2 10 11 17 All riBht. -- in your peraonal di~c~et~op tO Well, I only ~aw, Yeah. O~ course, ttave you talked Do you know Wha~ any o~ ~h~m have to #ay, whether it be Wadsworth, Wa~on~ or ~oflacc{? A~ No. tO s~art With. tile ca~e? A O --~elativo to the caae? 1 4 8 7 11 12 14 lfi 17 lfl 24 a repo~C? That one .... ~hat one thing. You don'~ ~ecal~? I don'~ think A Bince June tho Uave you been A" Yea, A The lat,~or par~ o~ Oocembo~, like, Pecombe~ U~O twc~y-$h$~d; aomc~h&n~, O And, then, what wore I went back on ~ho A~ corporal at tha~ ~imc? 1 7 8 12 13 14 17 18 23 .A Q No, HOW long A O year and a. half. Okay, he'd talked ~o me about that. you know, And -- Q Did you help him paperwork? No, No, All right, ?hat'~ a ~ccond disorderly conduc~? thing happened on up until the ~pecific# or, you know, or how ~o dp §omg~hiflq~ O~ wha~ to do, you know, because I'd ~o~t~n warrap~ 1 4 fi ? 10 11 14 1§ ~2 2~ 24 conduct? 'I would imagine. enough, . You have? misdemeanor~? A Q A on diaorde~l¥, time# and been turne~ down good enough rea#on. ?e~l me what you talked about, And h~'a told ua time ~nd tSmc again, ~¥, you know. matter who it ia, f~om tho That wa~, ba#iaally, the ~la~ thc oth~ people. .% 4 ? 10 !1 ) i and how the~ other Peopl~ cam~ know why wc let Flood run over 0 Oh huh. who was he H~ppl, Do you know? ~hir~ one ~nd I ~on't Fomemb~ A Right. ChiC~ you ~r~ t.lk,ng about; 21 throw thc ~haft to that, If Jo~ Blow 1 7 lO 11 12 13 14 17 "Go get hSm" You know . time they went -- we though~ matte~ o~ -- conversation, you ~now, Well, ! want to ~now Aak me quesgion$ an~ Z Wil~. Again, ~pe¢ifi~AllY, wh~ ham NA~Pl Sold § 7 11 14 17 2O 24 , A Z ~on*t know, only happened one t~m~? know, t~ump£ng up We're talking about Pat tocu~ on an~ 9et ?a~ 7 10 11 13 14 17 22 24 A You know exactly what' ~ a~ ~a~k~n~ ~.~p~. Q would imagine eo, yea. five and t~n t,imea? 1 11 14 experienced per,on. 9~t to it. A thoro, You ~e~3, ;me, We~l, it'~ just, you ~now '' A O yeah. There~ been more than ~noe. X WOuld imagine ~o, Ua# ~t been more ~ban ~n ~t'a hard to Somewhere between iiv~ and five and ten timea? 1 7 8 lQ 11 12 13 14 16 2O A Yeah, bu~ -- okay, Pat Flood? Not -- NO. otl~er cope, ~hey don't know what'§ know where i~'a coming from. .. By your client. A 23 24 ~o or even, you know, wave~ at by Ua, Tel~ m~ who thg~ who w~'ve b~en ~ewed by 1 2 3 4 7 13 1,t 1(~ 17 bill, ~h~n get him. That Flood ag~iv~ly ~nough? ,,, A I can't ~a¥. Q You don't kn~w? A ! don't know. Q Po you know wh~th~r Or not ~h~ conf~cnca with Pi~Pmma b~for~ Pi$omm~ pap~[wO[k? A Q.. A "Dav~ and Doug, tel) ~ what you Doug ~a¥~, "I think I got e~oU~h ~ON ~rr~t( warrant." Okay~ GurNy ~ay~, "Tell ~ Wb~ ~o~ ~.'~ Okay? Pou9 ~ay~, "W~ll, okay, ~tV~ 90t ~h*~, arrest him All ~ight. A Lct'~ look at the element~ of the crime," "It doefn't fit that." Gerry ~ay$, S you ~hould #rre~t him for ~u~h ~nd #uch, 1{ You ~now. 1s 9 Go ahead. 15 with it, Okay? I helped loo~, 17 a~kin9 you a que~on. 18 A? We found it fit the 1~ ~hat'~ What -- ~0 O Let me, you know, lot 21 here. ~3 ~he ~tatutC~? 24 A No. There wad only disorderly conduct. All thrae O$ 1 4 § A Doug decided tha~ was Q Doug decided? ," A Yea, air, ~aid, "?hat. . ain't going to. do ~" A A i~ here. Q Ogay. have enough fo~ ~hat, I ~O~'t hava $~.# ~a disorderly? the ~tat~te and everything. Q We~l, I mean, a~ ~hr~C of you charge hSm wi~h? with; that'~ true, is it? 16 excitement. T¢I~ me 18 righ~ then. ~o had o~hor thln~# 20 know, You got a big mouth went oVer to jerk him around, 7 14 17 20 22 you. Okay, Wol~, ~ec mo a~k YO~ ~h$~ Po ¥o~ A ! don'~ k~ow, You don't know an¥~&n~? You tO the Chi~( abou~ A Yo~, ! th&ak ! dO know why, okay. To~I me. an int~nal-typo investigation w~th~n tho C~ty, oF ~omething, on Peltier, about hi# pondu~t came OUt of it, or anything. 1 2 3 4 § ? 13 ~0 Q What'8 the Did the Chi~ tell you thi§? A A Okay. So~ Puncher told don'~ even know WhO wee 1;alkSng, · Tour deposition. Who else ~ ~nat,~ -- xou Li~a, Well, you know, I -- ~t'o ~i~a bu~ you've A when Flood was jerking u~ a~o~und, 0 A Chief Napp% ~king about You ~en~one~ Pu~ch~r~ You c~n fiBure jU~ 1 4 6 7 ii 14 A Okay, ~et'~ -- went in LiSa. All riqht. ~v~body ~1~ ~ neW. w~u t~lking ~bout Becau~"~nybody coul~ d~w th~i~ owp i~$~,~ ~m ,. a~kin9 -- 17 18 20 21 the inference, A , I'm jose -- noW, 1 § 6 ? 11 13 14 15 16 17 ~0 23 Woll, you ~now -- A An~, Lhen -- ~our ~nowlodge, ~o the compilation A down ~nd ~aW tho ~:atO ~t~orn~? A' Right, him when b~ w~nt down down? A Right, NOW, po you ~now wino he ~w? No, i don't. No, ~e didn'; go doW~ ~OCaU~ ho W~, ~;i~T 1 2 4 7 10 11 13 14 17 11~ 21 :24 A Ho, Z ,, 3Z 10 11 13 14 17 21 Do you know whether or not, Emric~ -- wbal; ia Detective Emricg? R~.~ht. tie'§ ,'-- I don~t know, directed to patrol Flood'~ ho~? ~ ~o. l'v~ not ~nd a~ ~r ~ I do not ~¢ver been ~id to be dons, Who prepared tho prob4b~e o~ in connection with thi~ a~re§~? W~ i~ you no hand in writing any o~ thc paperwork, ) pc¥~ ~w, ~ny O~ thc p~perwork ~te~ ig W~S dO~, ¥o~ ~POW, Th~ only thin9 I had tO dO with th~ W~§ -' Q p~torminin9 what ~0 cha~ge him with, A A 1 4 § § ? 11 14 , ,O Well, when you got there ~¢ene, aa waa Catalone and Di$omma? A Right. Q Okay. I dan': have' a~¥ more que~:io~ N~,h~ now. A ~o. I tru~ Okay. Very good. Tba:'§ all w~ (Whereupon, the depoai~ion wa~ ~on=lud~d gO 1 3 4 7 10 11 14 16 17 21 22 .. 3.5 STA~ OF FLORIDA thi~ 20th d~y of Novcmb~ 19~5, 1 on behal£ o[ [he P~aintlg[~ 3 4 DAVZD VAUG8N~ ~6QUIR~ 2145 14th Avenua 6 On behalf of Ch# Dofendantt 7 lO 11 14 15 WAYNE R. McDONOUGH, Maliba a McDonough, PoaC Office BoX 1690 Veto Beach, Florida Direct ~xamination By M~. McDonough INDEX 17 19 22 25 ZAMBATARO & A$~OCiATM~ 1 . 17 19 l 23 24 ZAMBATARO & AS~OCIAT~,~ 1 2 3 4 7 13 15 16 17 2O 22 23 S Wa~ ~idin~ w~th h~m, % don't know -- ~ Wa~ #~t~ ~. a~ound ~. ~ood'# houaa watchin~ ~eba~tian, and we mot him th~a jumpod ua whilo wa w~r~ u~ th~. A He wantod to know Why w~ know, you follow th~m, If they nail them. Ou~t follow thom. That it, it~ X~ally camo down on u~. ~voning? Vocal? V~y vocal. Did the Chiof talk to Ll~ ~mith that ¥o~. It was ri9ht prior to ~l~in~ to m~ and YOU knew that bocauao you aaw ho~ ¢oni~ont hi~ Sho talkod to ua about it. Chiof N~ppi thou camo to t~lk to yo~ and Pu~h~ t 1 ? 10 ll 17 and w~ a~id~ 'We did too.' O David wa# p~ent also when bo~h 0 ~d the Chie~ o~ anyONe e~a~ admini~t~atioa di=ectod you all t9 ~g~c~v#l¥ Plood'~ houa~? 9 Did ¥o~ an~ Pusher ~nd/~r ~l~ Flood'~ hou~ pur~an~ to Napalm# A ~o. 9 Why not? Q W~e~ you aa~ an~thia~ lik~ that~ othe~ in~tance~ that yOU can ~ell n~ abo~t today Pat Flood or any of ~at Flood'~ A T~ll ~OU what -- a~k ~ ~ciiic~ end I'1~ 90 back ~d what,vet We donmt cov~ recount it. just said when the Chief asked you why ¥o~ W~eO~ ~#~ who was at or near Pat ~lood'e houee? there in that speoified time. 12 9~t tag numbers o: glood'e 13 A Right. 14 0 A~ter that 12-a~q~onth period, had Ch~ 15 told ~ou in tho pre~ence 0~ any other o~£i~r~ to 16 Flood or to ~et Pat Wlood'a ~upporter#? 19 the number of 20 A I can't t~ll you the number o~ t~ 21 waq too many. 24 9et him. than five? Once he took him out -- he wool4 taka me an~ ZAMBATARO & A-qSOCIAT~S have to bo told that. a ~ight. A C~talone, Bennett, De,oma, ~iaa, Pa~her, ~ngi# 21 about all , can remember right now. 22 Q An4 you'r~ tellin~ mo ~oda¥, under oa~h~ 25 once? 1 7 10 14 15 l? 2O the topic o~ tho tapo wa{ tho ~ituatio~ O~ tho ~obaatian Polico Dopartmont w~th p~ha~ ~h~ department, W~O you ~nt who~ that ta~ olth~ Chiof ~appi o~ 6t. A ¥o~, #i~. wo~o tho o~ii¢O~{ p~ont ~hon told ~C~iV~l¥ thoro a~O Pat ¥1ood'~ pooplo ~nd you mq~ ~o~ no. H~ wa~ ~ayin~ -- O Who ia A Th~ Chiof. Ho would {ay liko -- tho montlonod wa~ Bob Palmor, Ho wa~ wi~h th~ o~uociation. HO ~aid thoro aro tho puopl~ in ~h~ taxpayor'# a~o¢iation, thuy a~o out to t#go You hood tQ. wat~h them clo{ol¥, yOU knoW~ {Or thom they 9~t YOU. A r~m~mbec who might not havo b~¢n thor~. P~oplo in tho taxpayo~,a a~ociationo What o~icer~ w~ro p~o~ont du~in9 that It wa~ a full departmoat ~oetin~. i don't I know ~AMBATA~tO & A$~OCIAT~ ? 11 . 12 13 14 18 'Xhat wan about the ~o, it,~ ~ai~ to aa¥ these policy bz the Chief to focu~ on the m~mbe~a aa announced by the Chief tape? He announced Bob ~almer'# there, I c~n't anawer ~o~ th~ ~ul! p~ople, certain people in th~ auppo~t~a, ao, you know, thoae wet# mentioned that you ~ecall? A Not that i r~call. 9 Waa Palmer the ~e#i~ent ~ aaaociation? th~ time that tape wee played? A 4 7 lO 14 ].6 l? 20 2~ focuaed on P~t ~lood ~nd his A Yea, air. Tell me about th#t. A God, thoao wOr~ ao numerous, A ~y~ol~ and No,pi ~nd 0 What w~s #~id? A All o~ them were baaic. I can~ verbatim. ~he~ were all ~round tho b~lg ~hl~9 -- h~'~ out to 9et ua. Wo 9or to 90t hi~, thing# h~ did #ayr 'Let's ~kO au~# that W~IV~ aome~hin9 9ood before wa do anythi~9.# You knowt o~ th~, It wa~ a matter -- anytlae ~omethin Up, ~omothin9 that Flood did, wo would meetin~. It wa~ one o~ ~ho boo~ter~t~Po ~hing~ Flood-type thinga, Nothin9 Ovor camo O~ it ever really -- We would check into ~omo thi~#, ~1~o~# ~d ~tU~f that went on d~rin9 hi~ admini~tr~tlo~ ~d ~t~£ like timt. That wa~ above what ev~)bod¥ that, I know of nobody~ I know I didn't know Puaher didn't #ctually 90 out ~n~ dO ~n~thln~ ? 11 ' 12 ~4 15 2O 22 23 in ~rth~nc~ o~ th~ m~ting~? A N~. ~u n#vu~ did ~a¥~hin9 1~# ~h~ O Po yo~ know wh~ther o~ not h~ #~ tn~ basically follow o~ ~uppact hi~ ~oli~i~§ ~i~t , Q ~11 m~ about thi~ occurred ov~ Jean Brock'a ~ropt ¥~, aom~ kind o~ part¥~ and I don't ~m~bC~ but r~all¥ vi~dicativ~. It wa~ ~£te~ h~ ha~ b~n wa~ re~ll~ vindic~ti¥~. H~ wa~ t~lli~ ~ ~nd D~v~ had to 9et the~ ~eopl~ ~nd thi~ atuf~ #nd m~ ~id~ 'W~ cun't do that. ~h~p'# W~On~.~ ~VSd took a ~tand that We wer~ against thi~ ~avin9 and h~ ~aid, 'you 9u¥~ do it G~ yOU Won't ~rO~nd,# .1 ? 9 lo 12 13 14 2o 21 22 b~¢au~ of othe~ thing#, Th~#'N b#~n ~ O0~pl~ 0£ ~t$#~ '' threatened With t~mination, to yOU~ knowl#d~? You m~ntionmd earli~ in~ance~. Ii you c~n ~call tho~ ~0~ ~ now, O Who ~ited him? i Andy C~t~lo~a. Q Do you know the ci;0ua~t~nc~ #u~ound~nl A W~ h~d known hi~ while. I~ w~t a ~)~tt~ -- t:.ha C,, 7 11 12 13 14 16 17 23 ,. · ~oad with it. Andy to ~o get him with the tag. ~ alaa can't teatify, that would be the o~de~ to ~ndy, to get him~ and that problema with that~ that he Wa# tO e#e her~ any problema with her, then he Wee to #e~ ~appl abo~t wa~ legit, honest and legit, thaC wa8 that. It waa after he got th~ citatlo~ cited for ~. really atu~id thin~. I think it w## ma~in~ left turn without a aignal. ~ennett gqt him, Thi# also on the chidin9 and 9oatin~ of uYur¥on~, 9or him, it w~a more or l~a~ a )oke Wit~ ~i~ With everybody. ! can't put that back tO NapPi, baaically a joki~9 type, goating thing, happened. It Wee chicken ehit~ but St actually ha~pe~e~, 1 2 ? 11 17 21 22 23 Grant Was w~i~t~n a Gita~ion b~ ~. ~h~. Che~ 9uY~ do · ~od ~ob ~o~ m~." u~,~ t#llin9 ~# ~h.&~ train9 t~ ma~ m~ ~e~l llttl~ ~nd ~v~¥~hing, ~ W~#W he Wa~ talkin9 about. I kn~w ~h#~ A~d¥ ~ ~9~ ~.~ "~ey, Jerry, I do ~ 9ood )ob.' de ~a~4, "Th~ 9~¥# "You b~tt~r do it.' I tur~d around #nd walked A I believe Ted ~euch did. I don'~ remember Whq ~ittin~ at th~ consol# th~r~. ~t Wa# Q ~aa Grant at that time Flo~d'8 #upport~r or Q Wa~ that the other incident you W~r~ about that you w~re 9olng tO r~fer A Man, there'~ mO ~n~. YOU k~ow¢ l~ yOU brin9 th~m up, man, I don't mind t~lli~ yOU abO~g It'~ just -- I'll answer que~tio~ ~ro{# ~Oybo~¥, car~. 3 7 9 ~7 2Q 21 ?e~mination. ~QW do you ~now ~h~t? ~ aa~ Lt, 0 9ia th,y t~ll you Why? ~tupid li~l~ thin9~ th~ to th~m. O I'm aakin9 yo~ ~l~tl¥, a I'm 9~ttin9 to tha~ ~int -- ~a. VaUOU.~ ~o ~h~ad and him i~ I ¢oul~ ~lk with him, ~ecen~l¥? 4 ~id, "Z haveu't Qot the ~tu~ 12 ~oin9 to pu~ge~ my~el~ fo~ nobody." Z ~o~ him 15 atuf~ ia comin9 down on me." 16 Q a~e~in9 to thi# ~lood 17 ~ ¥~. So, you kno~, ha did not 18 you'~e catchln9 thin hell betaken of ~hi# 1~ thin c~ae~" b~t by the Way ~ha ~OOV~#at~O~ 20 the inferencea and eve~ythin9, that to m~ no:hing -- bac~ when all that othe~ #ta[~ happened, that 24 been ~omo~ed, pay ~aieee, l"va 9ot~ yO~ ~now~ ~oOd 25 evaluatione, everything ia et~aightened out~ and 9 9 ll 14 15 16 17 19 21 23 heat becaua~ o~ thia. A J~ry did. ~o iind out why ah# W~ 4o~n~ thi~, u~,ke he~ look i iool. At thi~ poin~ I wa{ in knew what w~ 9oin9 on on bo~h ~i~a~ ~n~.{ kn~w ~traight On down. I told ~l~a, 'You know ~V~y~hing. told both {id~#. I'm in the middle, ~#~ keep my ~ob -- which I don't think I wi{1 and i'~ ~¥in9 to #t~aiBhten thing~ Out~ a~ ~'~ t~uth.' { told p~oplv that. 0 Y~u Fold Pu~h~ and Cat,lone ~ Z~W were 9oing..to toll the t~uth? A ¥~. i told Pu~h~ th~ night I w~ v~ca~ion, and I told Catalon~ mo~ ~h~n ~ w~k wa~ ~t up. I found thi~ out last ~ighg th~ that Mappi ~t ma up. H~ told m~ h~ W~ ~Oi.~ ~0 ~rOp ~h~ charge~ th~ d~¥ befo~ it W~nt Fo t~i~l, t 2.09 /tEEASTIAi~I CODE the date of the next regular election, the city council may appoint a person having the qualifications of councilman to occupy such office for the remainder of the unexpired term. Sec. 2.10. Judge of qualifications. The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of th~ hearing. Decisions made by the council under this section shall be subject to review by the court~. Sec.-2.11. Supervision and removal or suspension of city officers. (a) The mayor shall have general supervision over the fire department, the police department, the building official and all other city officers and may examine into the condition of the offices, books, records and papers thereof and the manner of conducting official business. He/she shall report to the city council all violations or neglect of duty of any official that may come to his/her knowledge. He/she shall make such recommendations about city business to the city' council as he/she deems advisable. (b) The city council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The .mayor shall have authority to suspend any officer, except councilmen, for misconduct in office, or neglect of duty, reporting his/her action in writing, with reasons therefor, to the next regular meeting of the council or a special meeting called for such purpose, for its approval or disapproval. Notice of such suspension and the reasons therefor shall be given in writing to the suspended officer by mailing the same to his/her last known address, and the suspended officer shall have the right to a hearing before 10 {~HARTER $ ~l.t4 the city council. If the city council shall approve the action of the mayor, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon stand removed and his/her office vacated. If the council shall not approve the action of the mayor by a vote of at least three (3) members in suspending such officer, the officer shall resume his/her duties. Sec. 2.12. City clerk. The council shall appoint an officer of the city who shall have the title of city clerk, who shall serve at the pleasure of the council. The city clerk shall give notice of council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by tills Charter or by the council. The city clerk may also serve as city treasurer at the discretion of the city council. Sec. 2.13. City treasurer. There shall be an officer of the city who shall have the title of city treasurer. He/she shall be appointed and removed by the city council. The city treasurer shall receive and account for all taxes, fees, or other funds due the city and shall be custodian of such funds. All funds of the city shall be deposited by the city treasurer in such banks or depositories as may be directed from time to time by the city council and be withdrawn and disbursed in such manner as may be provided by resolution of the city council. Sec. 2.14. Investigations. The council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of a misdemeanor. 11 1%.07 inor~it~ ~ cthlc~ to ~ ~nt that tn~ ~ ~nployo0 ~u~t-- w~a a~ at the t~e ot the C. Th~tt or d~tr~¢t.Xon of City' property, d~t;y ~ F. ~onviction o£ ~ cr~n~n~l J~ Acceptance o£ in)' v~luab~a conaicl~rat~on ~lh~cl~ waa &~vlm i~t,h the her d~t~e$ · Exit i.nt,~ tv1 c~,s System. ker~om~e% ,. etluAla~m'~t, kool. or ~rope~j?. to the Ocpart,,~nt ,~at{.