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HomeMy WebLinkAbout05/13/19781 1 M I N U T E S ADJOURNED MEETING OF.THE.CITY COUNCIL CITY OF SAN. LUIS OBISPO SATURDAY, MAY 13, 1978 - 9:00 A.M. COUNCIL CHAMBERS, CITY HALL,-990 PALM STREET Roll Call Councilmen PRESENT: Ron.Dunin,.Jeff.Jorgensen, Steve Petterson and Mayor Schwartz ABSENT: Allen Settle City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Gordon Johnson, Personnel Director Other Principals Present A. CITY POLICE DEPARTMENT B. APPELLANT: Chief Roger Neuman Attorney James E. Duenow Mr. Barry L. Gregory Attorney Richard Shinee 1. The City Council sat as a Personnel Hearing Board to continue to hear the appeal of Barry L. Gregory from his dismissal from the.City Police Department. Mayor Kenneth E. Schwartz presiding. (See transcript dated 5/13/78 by Merit Reporting Service of San Luis Obispo, California.) 10:05 a.m. Mayor Schwartz called a recess. 10:15 a.m. Hearing reconvened, all principals present with Councilman Allen Settle absent. 11:45 a.m. Mayor Schwartz adjourned.the hearing for lunch to 1:00 p.m. Hearing reconvened at 1:10 p.m., all principals present with Councilman-Allen Settle absent. Mr. Richard Shinee, Attorney for Barry L. Gregory, submitted the following exhibits on behalf of the appellant: Exhibit No. 6 - 1 page Exhibit No. 7 - 1 Page Exhibit No. 8 - 7 Pages Exhibit No. 9 - 13 Pages Exhibit No. 10 - 9 Pages Memo from Barry L. Gregory to Lieutenant Gary Grant regarding attendance at advanced officers training sessions. PolicycDiiective, dated March 6, 1978, from-Police Captain Englert.to Lt. Lunsford re Directive P -7. Copy;, -of: ,'Poli6e- InternallInvestig4ti6n Report dated 12/2/76, unnumbered. Copy of.Police_Int'ernal Investigation Report dated 12/2/76, unnumbered. Copy of Police Internal Investigation Report dated 12/2/76, unnumbered. After discussion by Attorney Shinee and.Attorney Duenow, Mayor Schwartz ruled that Exhibits 8, 9 and 10 were filed for identification only. 3:00 p.m. Mayor Schwartz called a recess. 3:15 p.m. Hearing reconvened, all principals present, Councilman Allen Settle absent. City Council Minutes May 13, 1978 Page 2 Attorney.Shinee..then submitted the following.exhibits.on.behalf of the appellant: Exhibit No. 11 - 2 Pages Memorandum from Captain Englert to Chief Neuman subject: DR -78 -611, dated March 2, 1978. Exhibit No. 12 - 3 Pages. Memorandum from Barry L. Gregory dated February 28, 1978, to.Chief Neuman's "Denial of All Charges ". Again after - further discussion between.both.attornevs.and the-City Council, the Mayor ruled that Appellants Exhibits numbers 1, 2, 3, 5,.6, 7, 11 and 12 would be marked for evidence.and Appellants Exhibits numbers 4, 8, 9 and 10 would be marked for identification only. James Duenow then submitted for - consideration City Exhibit No. 40, consisting of 36 pages, Exhibit marked for "Evidence". 4:25 p.m. Mayor Schwartz called a- recess. 4:35 p.m. Hearing reconvened with all principals present, Councilmen Allen Settle absent. At the conclusion.of .testimony and.oral arguments by the appellants attorney and Police Department's attorney, City Attorney Allen Grimes, reviewed the process that the City Council must follow in making a decision on this matter. He also stated that.the City Council must make their decision with ten days of the close of the testimony portion of hearing. Mayor Schwartz stated that several members of the Council will be out of the State for various .._periods.during.the.next ten days and.he asked if the attorneys would grant.additional time for Council deliberations. Mr. Richard Shinee,.attorney for-appellant and Mr. James Duenow,.attorney for the Police Department, both stated that they would agree-to aperiod of 30 days rather than -the 10-days required by .ordinance to.allow.the City Council to reach a decision. Mayor Schwartz asked Council Members..present, the.appellants and-city police attorney if they had..anything.further..in this matter. Receiving a negative response from all..principals.in this matter, Mayor Schwartz closed the public hearing in.the_matter.of the..appeal..of .Barry..L..Gregory from his.dismissal from the Police Department. There being no further business.to come before the Council, Mayor Schwartz adjourned-the meeting at 5:15 p.m., Saturday, May 13, 1978 at 12:10 p.m., Monday, May 15, 1978. APPROVED: June 20, 1978 Fitzpatrick, City Clerk M I N U T E S ADJOURNED.MEETING.OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY; MAY 15, 1978 - 12:10 P.M. COUNCIL HEARING- ROOM•, CITY HALL, 990 PALM STREET Roll Call e Councilmen PRESENT: _Ron Dunin, Jeff Jorgensen, Steve.Petterson and.Mayor.Kenneth E. Schwartz ABSENT: Allen Settle