Minutes - Council - 11/18/2008 - Special

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Defense Attorney Dick Sliderman, introduced himself and his client, Todd Jerdin who owns Ralph's Gun and Pawn, and noted that they have no witnesses. He stated that they would be moving for a continuance. Councilmember Dehen asked what time period they were requesting for the continuance. Mr. Sliderman stated that from what he has gathered, the first thing he sees is he has to get facts. He stated that it is clear that his client wants to cooperate and he thinks to give full scope to that is important. He stated that the second basis for the continuance is to have time to gather and present data. He stated that also, because there are criminal charges pending, the methodology to get criminal charges out of the way, either way, does have phenomenal impact on the administrative process. He stated that if, for instance, the criminal charges are dismissed, then there was no basis for the types of wrong doings he is accused of, and he feels creates a legal buffet of time and expenditure for all. He stated that he thinks it is in the City's interest to wait until the criminal proceedings have been taken care of before proceeding with the Administrative Hearing. City Attorney Goodrich stated that the City hand-delivered a notice to Mr. Jerdin of this hearing, on November 6, 2008, which was 11 days notice. He stated that he didn't know there was a need for a continuance until about 3:00 today. He stated that he is concerned about continuing this because the Police Department is concerned about continued violations and lack of concern about violating the law and following the ordinance in this business, which is wrong. He stated that with regard to criminal charges, there are two pending misdemeanor charges that have not been heard. He stated that one was put on the calendar in early October and Mr. Jerdin did not show up so a warrant had to be issued for his arrest. He stated that they are willing to concede that none of what is said tonight could be used in the criminal charges that have been mentioned. Mr. Sliderman stated that he thinks it is in the City's financial interest and for judicial due process to let the criminal proceedings go first and have adequate evidence presented. He stated that the City has a setting here with literally 7 or 8 days notice to present possible loss of the most valued license you can get. He stated that he knows how record keeping is done and he is concerned and they would have to pursue this through the highest level of law, if they have to get that engaged on any of this. He stated that because of the short notice, it would be inadequate for any due process and the notice was not sufficient under Minnesota law. He asked that this be let go and let them be prepared. He stated that this case is based on record keeping and computers. He stated that his client has indicated to him that this is complex and it is hard to get data. He stated that there are infractions on even the most responsible business. He stated that Mr. Jerdin is basically a small bank and it is a tough job. He stated that if the City gives him a chance to look at his records, based on what he has seen it would be simple justice. He does not think the City will be detrimentally affected if a continuance is allowed and he thinks the City would want the due process to be fulfilled. He stated that the hunting season is Mr. Jerdin's busiest season, similar to the Christmas season for other retailers, and he is worried about making money. He stated that Mr. Jerdin doesn't mean to disrespect anybody but he has been tied up with business. He stated that there has been talk of entrapment and he thinks given all the variables, he would like to be able to confer and save his client time and money to review the information. He stated Special City Council Meeting / November 18, 2008 Page 2 of 19