Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-515

Galane addressed the Commission. MR. GALANE: I would like to inquire if I may be permitted to ask questions of these persons. I received these statements this morning; however, they were prepared two months ago. MR. CORY: We are not following procedure as a Court of Law. MAYOR GRAGSON: That is right. MR. GALANE: I would like to ask you to adopt, as procedure, one of two courses — either ask questions of those who now make statements so Your Honor and Commissioners can get as much as possible from them, or direct the question to the Commission before asking the person. I think that would be fair. I ask a fair opportunity to question the witnesses. MAYOR GRAGSON: I would ask you to direct the question to the Commission after the person is through speaking. COMM. FOUNTAIN: This is not a court of law and I am not in accord with this procedure. MAYOR GRAGSON: What is your opinion, Mr. Cory? MR. CORY: I am of the opinion it would be proper to direct the question through the Commission. MR. GALANE: At the last meeting the procedure followed was for the former Mayor to permit the licensee to come forward after the reading of the charges. If we are departing from this tonight I think it is only fair for the licensee's counsel to ask questions and establish a fair procedure. MAYOR GRAGSON: I would like to poll the Board as to how they wish these questions to be handled. We do need all of the evidence that we can get. COMM. WHIPPLE: The question is whether or not Mr. Galane shall cross-examine the witnesses directly or state the questions to the Board. MAYOR GRAGSON: We would ask that you direct questions to the Board which you wish to ask the witnesses after they have spoken. COMM. SHARP: Does the witness have to answer? COMM. FOUNTAIN: I would like to explain to Mr. Galane that I do not see how he could cross-question an individual unless they would be under oath. MR. GALANE: May I suggest that when a particular person has completed his testimony you permit me to submit the question. The only significance of oath is if false statement is made under oath, it would be perjury. The truth must come out if witness will give an honest answer. We are trying to get evidence here. I discussed this matter with City Attorney before. COMM. WHIPPLE: None of these witnesses will be sworn. MR. GALANE: I assume they will tell the truth. MR. CORY: Ordinance reads: "At such hearing, or any adjournment thereof, the licensee may present a reasonable number of witnesses, and such other evidence may be produced as may be relevant for the consideration of said Board of Commissioners". Nothing is stated about procedure and conduct of the hearing or cross-examination. So far as I can ascertain, there is no rule of the Supreme Court of Nevada as to right of cross-examination at such a hearing. You could adopt a rule that it is in the power of the Board to preclude or include cross-examination; and should Mr. Galane wish to question a witness, he could — providing the witness was willing to answer the question. MR. GALANE: We depart on only one principle — the right of cross-examination where a license might be revoked is a constitutional right; therefore, if this Commission should adopt a rule that cross-examination is not permissible, I would take exception that it would be unconstitutional. MAYOR GRAGSON: What is the pleasure of the Board? COMM. ELWELL: I move to permit questions to the Commission. JACK PURSEL: I would like it clearly understood that members of the Child Welfare Board do not fear being questioned in any way whatsoever. The question here is simply procedure. MR. CORY: It would place the Commission in an unfair position to have to determine whether a witness should or should not answer a question. MR. GALANE: I did not say the Commission or myself could make a witness answer. In order to have evidence I request to be permitted to propound the question — surely the Commission can control the interrogation. The witness cannot conceal evidence and if he refuses to answer, we can draw our own conclusion. MR. CORY: What is the difference between going through the Commission or asking the witness the question directly? MR. GALANE: If the question is given to the Commission, then the Commission can see to it the witness is not harassed and be certain the persons before this Commission are given fair treatment. I think we are talking this issue to death. If you deprive the right to question and this license is revoked, I would most certainly appeal. COMM. ELWELL: I move to permit questions to the Commission. 7-22-59