01101964 Special Meeting - Laserfiche WebLink

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1&/ SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, JANUARY 10, 1964 Present: Mayor Frank Taylor I Aldermen: William L. Moore, M,D. William C. Pool Ruben Ruiz H. Garland Stokes City Manager B.R. Fuller City Secretary Dorothy O. Worrell I I c..tl :c ~ ::ZI ';;\f L--__ Visitors: Mr. and Mrs. William Veidt, Walter "Bud" Buckner The Mayor called the meeting to order at 2:00 p.m, Councilmen signed "Consent to Meeting", which stated as the purpose of the meeting, "to cons ider the following: 1. Corporation Court 2. Police Department problems 3. Such other business as may properly come before the Governing Body." The Mayor stated that he had called the meeting to discuss actions of the Corporation Court, as reported in THE SAN MARCOS RECORD of January 9, 1964, A copy of the referenced news story is attached as a part of these Minutes. The Mayor stated that he felt no one has the right to instruct a member of the Police Force in his duties, other than the Chief of Police; and that freedom of the press is a guaranteed constitutional right; and the Corporat- ion Judge had instructed a member of the press not to mention McArdle's name in his paper, The Mayor said he felt he would be failing in his duty if he did not bring this matter before the Council. Alderman Ruiz enquired whether the City Attorney had been asked for an opinion on the matter. The Mayor said he had consulted the City Attorney, who had told him that the action was "completely beyond the powers of Corporation Court; that there were no means whatever of enforcing it..,.. Alderman Pool enquired whether the Corporation Judge had possibly made a simple request of the persons in Court; he suggested that the Council interrogate some of the people involved. Alderman Moore suggested that Chief Dial be called before the Council to give his opinion. The Mayor said he was interested in knowing how the Chief of Police had instructed McArdle in connection with the Corporation JUdgeIs continuation of the case. Alderman Ruiz questioned: "If it's not enforceable, why do we need to do anything?" Alderman Moore asked: "What right has any judge to tell any officer he can't arrest any individual?" Alderman Moore continued: ..... Mx, Sutton is an appointive officer. What is the procedure?" The Mayor answered: "The only way to replace him is to show malfeasance in office; 'show of cause'. He was appointed by this Body, to run con- current with my term". Alderman Moore said: "r feel this is sufficient 'show of cause'..." Alderman Ruiz said, "I think he should be reprimanded". Alderman stokes said that if the Corporation Judge were to be removed from office, it would not be over an incident of this kind, and added: "I'm not going to let this be the instrument of getting anyone fired. don't think this warrants a meeting of this Council", Alderman Pool concurred in Mr. Stokes' statement. The Mayor and Alderman Moore both insisted that the meeting was not to discuss anything but a judge telling an officer he could not arrest a man. Alderman Moore requested that Chief Dial be called. No action on the Corporation Court was taken. fl.?;