1992-06-03 Special CC MinutesMINUTES OF SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
JUNE 3, 1992
The meeting convened at 5:30 p.m. with President Withrow presiding.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth,
and President Withrow - 5.
Absent: None.
[Councilmember Camicia abstained.]
92-397 Hearing to Consider Appeal of Non-Renewal of Dance Permit
for Establishment located at 1544 Webster Street, Johnny's Cocktail
Lounge. (Hearing process completed) (Continued from May 29, 1992)
President Withrow noted the hearing was called for discussion among
Councilmembers, to vote and render decision.
Present:
Doug Dang, Attorney at Law, outside legal counsel,
representing Alameda Police Department.
Heather McLaughlin, Alameda Acting City Attorney,
representing Alameda Police Department.
Julie Houk, Charles 0. Triebel, Jr.,
Attorneys at Law, representing Petitioners.
William Rappaport, Attorney at Law, representing
Officers Paul Erny, and Tom Madigan.
Jill Ann Clark, Court Reporter.
President Withrow called for any further comment by attorney
representatives.
Attorney Dang stated he had no further comment.
Attorney Houk stated Council has been requested to consider
receiving testimony of an additional witness, Debra Krauland.
President Withrow stated he believes Council should hear the
testimony, but if Ms. Krauland's testimony is heard, responses from
the two police officers identified in the newspapers should also be
heard.
Attorney Houk stated Petitioners have no objection to that, as long
as they have the same ground rules to allow cross-examination, and
President Withrow agreed.
Attorney William Rappaport stated he represents the two Officers,
Jerry Erny and Tom Madigan, and requested he be allowed to
participate on their behalf; and President Withrow stated that is
no problem.
Attorney Rappaport then requested to take the deposition of Ms.
Krauland and discussed that matter with Attorney Houk. Following
discussion of a deposition and a polygraph tape, a general
discussion by the parties ensued regarding the timeframe and the
June 3, 1992
June 5th deadline pursuant to Court's ruling.
Attorney Rappaport discussed with Council and Petitioners'
Attorney, his requests for certain discovery.
Following discussion by Council, Attorneys for Officers, City and
Petitioners concerning discovery, timeframe, officers' rights,
possible Internal Affairs investigation, the City Manager, at the
request of President Withrow, stated he will issue an order to the
Chief of Police to stop any further internal investigation until
this hearing is completed.
Attorney Houk agreed all that (remains regarding ground rules] is
to have the witnesses present to testify; and agreed to waive the
June 5th date.
Following discussion concerning a tape of the polygraph examination
of Ms. Krauland, President Withrow stated agreement appears to
support deferring, in the interest of having a full exploration of
all information that surrounds this issue, and called for a
continuance of the hearing until Tuesday, June 9, 1992 at 7:30 p.m.
ADJOURNMENT
Following
1992, and
President
the matter
brief Council discussion concerning returning on June 9,
indication from Ms. Krauland that she would be present,
Withrow adjourned the meeting at 5:55 p.m., continuing
to 7:30 p.m., June 9, 1992.
Res ectfully submitted,
DIANE B. FELSCH
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
June 3, 1992