12191963 Regular Meeting - Laserfiche WebLink

Home Browse Search

adjourned regular meeting, december 19, 1963, page two \, The Mayor raised the question whether the Council had a legal right to prevent the record being taken by a reporter. The City Attorney asked that the record taken so far be destroyed, in keeping with the action of the Council. Further discussion of the matter of the court .reporter ensued. Alderman Stokes moved that his previous motion be rescinded, and that the court reporter be allowed to record the meeting. Alderman Ruiz seconded the motion, which passed unanimously. The Mayor informed the reporter he cDuld proceed with recording the hearing, provided the City would be furnished with a copy. I The Mayor read aloud the following letter from the City Attorney, addressed to the Council; "Gentlemen; "In response to your directive of December 12th last to the effect that investigation be made of charges by and against Mr. White, you are hereby informed that I have interviewed each present member of the San Marcos Police Department. From such investigation, I may state that all too obviously that Police Department has been in a constant state of turmoil for the last five or six months. This has affected the efficiency and morale of every member of the department, with one or two exceptions, to a very considerable extent. A majority of the personnel places the blame upon White. No one attempted to place the blame upon any other member of the force. Some officers did not direct the blame at anyone, stating they had little or no contact with White. "As to the charges made by White concerning events alleged to have transpired during his membership on the force, all those of a serious nature are most vehemently denied by the particular officers concerned. For example, as to the alleged plot to plant narcotics, Mr. McArdle states that he and he alone made up a story about such a plot, that he impart- ed the story to no one but White, and that he did so for the sole purpose of seeing if the story would be passed on to persons outside the department. I "If it pleases the Council, I would make certain recommendat- ions as followSl " (1) That at the hearing, Mr. White be given full opportun- ity to present his defense to the charges made against him in Chief Dial's letter to Mr. B.R. Fuller of December 1st. (2) That Chief Dial be present at such hearing, but that the other members of the department not be present. (3) That such hearing be limited to White's defense to the charges made against him. If such limitation is not to be strictly enforced, then the attendance at the hearing should be limited to members of the Council, White and his counsel, Chief Dial, City Manager Fuller, the City Secretary and the City Attorney. otherwise, innocent persons are most likely to suffer from declarations and accusations that would never be I acceptable in a court of law where such persons would have full opportunity to defend themselves. (4) The final decision on the approval or disapproval of White's dismissal be taken under advisement, pending the Council's own investigation of all charges and countercharges. Such investigation should be as thorough as possible, and include, as a minimum, the same interviews which I have made with the Police Department personnel. Most respectfully submitted, /s/ Albert M. Walker LE(;