Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-526

MR. CORY: You accepted her statement as evidence. MR. GALANE: Only to the extent of any witnesses for the licensee or the City. MR. CORY: Do you reject these? MR. GALANE: I don't remember medical opinions stated. MR. CORY: She believed children should be spanked. MR. GALANE: This is not a medical statement. MR. CORY: Do you acknowledge she is a layman? MR. GALANE: Yes. I must present these points if we are to proceed in an orderly fashion. Dr. Carr was the only medical expert to answer. Dr. George of the Child Welfare Board didn't show up. We have only Dr. Carr's testimony to rely on. In regard to medical opinions expressed by any member of the Child Welfare Board or the nurse, who is not a doctor, that evidence should be stricken, My next point: We were very severely prejudiced when, in the midst of our case, Msgr. Carmody said he was going to make a summation. I think there was an error on the part of the City Commission to permit such an interruption of our presentation. We did not interfere in such a manner. MR. CORY: You had the opportunity to cross-examine each member of the Board. MR. GALANE: So the record can be kept straight, I wish it stated that the ruling permitted us to propose question to the Board first to see if it would be allowed, subject to the condition that the witness could not be ordered or compelled to answer. MR. CORY: Did you agree with this ruling? MR. GALANE: This is not the right of cross-examination, but I agreed with the ruling. If I interrupted to propose a question to the Board, that is not an interruption. Nevertheless, a witness from the Child Welfare Board was allowed to interrupt and make a summation; an error was committed. MR. CORY: Did you not have the same opportunity to ask questions of any witnesses for the Child Welfare Board? MR. GALANE: I did not have, on behalf of Mrs. Mormon, the right to cross-examine. MR. CORY: Did you not have the same right as the Board? MR. GALANE: Witness for the Board interrupted our presentation and nobody stopped him. We were denied our rights under the 14th Amendment of the Constitution. MAYOR GRAGSON: In order to make the record clear, Msgr. Carmody got up when I asked if you had any other witnesses. You did not hear me. Then after that you got up and told us you had another witness. MR. GALANE: My recollection was, if we get good minutes, it was on another occasion that I did not hear you, and at that time I had no chance. It is very improper from a legal viewpoint. COMM. WHIPPLE: Mrs. Mormon said that she would cooperate with the Child Welfare Board if a similar case happened in her nursery again. I would like this shown on the record. MR. GALANE: I think a member of the Board stated Mrs. Mormon made this promise, but I cannot find it in the minutes. COMM. WHIPPLE: I think the issue is clear if you read the minutes. I would like to ask the question whether or not we are obligated to act as a court of law and act on technicalities listed or on the intent. MR. CORY: This is an Administrative Board whose purpose is to determine the facts and make a decision. I think Mr. Galane will go along that you are not bound by court rules of evidence. You can receive in evidence hearsay testimony. However, you may not base your decision entirely on hearsay. If there is substantial evidence to support your conclusion, you will then be justified in making that determination. MR. GALANE: Would the Commission permit a brief reply to the City Attorney: MAYOR GRAGSON: Go ahead. MR. GALANE: I disagree with Cal. When the procedure is of a disciplinary nature, the burden of proof is on the City. It must be shown on what the ruling was based. Secondly, we do have the right of cross-examination where testimony is involved. Third, the acceptability of improper evidence would clearly invalidate the legality of the ruling. When you are going to revoke a license you should have the basic requirements of due process of the law. If not, we would go to the 14th Amendment. (At this point, Mr. Galane also went into an explanation regarding hearsay evidence and referred to one of the Senators of the State of Nevada, who was author of this act.) MR. CORY: Are you suggesting you were denied, at any time last night, the right of cross-examination of any witnesses, including your own? MR. GALANE: I was denied the right of cross-examination. That was not cross-examination. MR. CORY: Are you now asserting that you were denied a fair opportunity to present 7-23-59