HomeMy WebLinkAbout05/13/19781
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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