Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-525

statement for your consideration at this time. Today I made an inquiry of the City Clerk as to the availability of last night's minutes and was told that they were not completed. If this is true it would be illegal to make a decision today. The constitution requires that the council consider the whole record. Secondly, I wish to point out that I learned today that a City Official, using the official stationery of the City of Las Vegas, sent out letters to citizens of Las Vegas ordering them to appear as witnesses at the hearing. If that is true, it means that the proponents of the show cause order have used official stationery to give people the impression that they are ordered to appear at a hearing while the licensee has no power or no way of subpoenaing witnesses. This is undue process of the law. My next point: Commissioner Whipple stated at the hearing last night that Connie Mormon promised to have any child with a contagious disease removed from her nursery when she was cited at the earlier hearing. I have examined certified copies of the minutes. There is no such promise in the minutes; therefore, any decision of the City Council predicated upon the consideration of that statement would be illegal. MR. CORY: Do you deny that Connie Mormon made such a statement? MR. GALANE: I do not know. I believe this hearing is based on incompetent evidence. This Commission took no verbatim minutes nor a transcription. This is not what we call a transcribed hearing where a witness is quoted verbatim. Such a method would be illegal and unconstitutional. No findings or conclusions have been proposed so the licensee can argue the reasoning of the City Commission. This violates the due course of law. The meeting was adjourned at a late hour last night and there was no opportunity to argue whatever evidence was submitted. The next point we learned from the City Clerk this afternoon was that the clerk had taken the exhibits we presented last night to the conference room. CITY CLERK: I told you the exhibits were taken to the City Attorney's office. MR. GALANE: Were they considered at the meeting today? MAYOR GRAGSON: Commissioner Sharp and Commissioner Fountain arrived at the last minute. The meeting before had nothing to do with the exhibits. MR. GALANE: As of last night no decision was reached. If it has been discussed it would be an illegal procedure. COMM. FOUNTAIN: I attended no conference today in any way in connection with Connie Mormon's case. MR. GALANE: Thank you, Commissioner. And since no decision was reached last night, then a decision has been reached sometime since last night. MAYOR GRAGSON: I don't know as a decision has been made. MR. GALANE: If any decision has been reached or any conference or conferences have been held today by members of this Commission concerning this hearing and not with all persons present, it would be illegal. The law requires those who hear evidence must all confer. Was the City Attorney present in conference room during the deliberations? COMM. WHIPPLE: What deliberations? We met last night and now here today. If there were any deliberations, I have no knowledge of them. MR. CORY: My presence last night was required only to present the status of this matter. MR. GALANE: Since the City Attorney is counsel for the City in regard to this Show Cause Hearing and I am counsel for Connie Mormon, it is not lawful for any conferences without the presence of the attorney of the licensee. MR. CORY: Are you serious about that? MR. GALANE: Yes, Mr. Cory. Commissioner Sharp stated at the meeting three weeks ago when Show Cause was issued, that Mrs. Mormon and counsel should be apprised of all the facts as soon as possible. That is not revealed in the minutes. When Commissioners looked at the calendar and decided on the hearing date, Commissioner Sharp stated record should show these were to be immediately sent to Mrs. Mormon and counsel. These were not received until yesterday morning. MR. CORY: Record, does not show that. The attorney was instructed to immediately furnish the citation and that was delivered on July 2, 1959, the follow­ing day. If you are referring to affidavits, these were not included in the speci­fication of charges. MR. GALANE: I will make two additional statements. This was not a true specification of the charges. Under Ordinance No. 588 specific facts are to be set forth and these merely specified general violation of rules and regulations, not which, ones and on what dates. There was no explanation of improper treatment of children; no list of witnesses in advance of the hearing. In fairness we should have been apprised of these and I believe that was the intention of the Commission at that time. At last night's hearing laymen were repeatedly permitted to express medical opinions as to medical matters. They were unqualified to say what they did. It should be stricken from the record and cannot be considered in the revocation of this license. MR. CORY: You called Mrs. Smith as a witness. Is she a layman? MR. GALANE: Yes. MR. CORY: Would you believe her layman evidence? You also called Mrs. Rawley, a mother, who spoke as a layman. MR. GALANE: She volunteered. 7-23-59