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Minutes - Council - 11/18/2008 - Special
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Minutes - Council - 11/18/2008 - Special
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Meetings
Meeting Document Type
Minutes
Meeting Type
Council
Document Title
Special
Document Date
11/18/2008
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<br />City Attorney Goodrich stated that he objected because this is not concerning the history of the <br />property or the previous owner. <br /> <br />Police Chief Way stated that the previous owner'did not have a license to sell second hand <br />goods. <br /> <br />Mr. Sliderman stated that he will not call witnesses tonight because of due process. <br /> <br />City Attorney Goodrich stated that he and Police Chief Way have agreed that the hearing can be <br />left open, under certain circumstances, to provide them to present testimony. <br /> <br />Councilmember Dehen asked about the criminal matter pending and Mr. Jerdin's hesitancy to <br />testify. <br /> <br />City Attorney Goodrich stated that the City would stipulate not to take any testimony that Mr. <br />Jerdin may present here and use any of that at any future criminal hearings. <br /> <br />Mr. Sliderman stated that there are other jurisdictions involved and it is not the kind of immunity <br />that would be suitable. He stated that Exhibits 4,5,6,7,8,9, Mr. Jerdin has never seen. He stated <br />that Mr. Jerdin has never been issued a licensed. <br /> <br />Councilmember Dehen asked how the City would know that ifMr. Jerdin doesn't testify. <br /> <br />Mr. Sliderman reiterated that it wouldn't be the immunity that is required for other jurisdictions <br />such as federal, state, other civil law exposures, and regulatory exposures. He stated' that he <br />thinks the time should be taken to be fair. <br /> <br />Councilmember Dehen stated that the Council has been presented with evidence that there were <br />violations, immediately after the suspension and if the City were to wait, there may be some <br />additional legal allegations. He stated that he doesn't know of any case law that allows us to <br />defer civil matters pending criminal matters. <br /> <br />Mr. Sliderman stated that in light of the due process issues he thinks the City, to have any kind of <br />effective record to be useful, that this would be to their advantage also. He is new to this matter <br />as' of the last 8 hours or so and he does not think Mr. Jerdin has committed any crime. He <br />suggested that this be held off to get legal research on this. <br /> <br />Councilmember Dehen asked City Attorney Goodrich to sum up his arguments and requests. <br /> <br />Mr. Sliderman asked to submit a letter or brief to that effect, in the next 10 days. <br /> <br />Councilmember Olson asked if Mr. Sliderman had stated that he didn't know anything about this <br />case until 8 hours ago. <br /> <br />Mr. Sliderman stated that is correct. <br /> <br />Special City Council Meeting / November 18,2008 <br />Page 16 of 19 <br />
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