Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-527

your case and all the evidence that you had? MR. GALANE: If denied the due process of the law, I will hold by the 14th Amendment, and the answer is yes. There is no transcription, no minutes. MR. CORY: At any time last night did the Commission refuse to hear any evidence that you had to offer? MR. GALANE: To the extent that we were denied due process of the law. The Commission did not hear a complete record. MR. CORY: Did you offer any evidence the Commission refused? MR. GALANE: Yes, in regard to the Peter Pan Nursery given permission to permit communication of contagious disease at the time Connie Mormon was being cited and Mrs. Schnaer denied knowledge of this. I asked who permitted this and received no answer. MR. CORY: Would you say this was also hearsay? MR. GALANE: The Welfare Board made this omission and the Commission should have asked. It would be hearsay. The Commission rejected the newspaper item and the Mayor said it was not relevant. MR. CORY: Do you base your argument on this Peter Pan incident? MR. GALANE: We can base our case on any error that can be supported under judicial review. MR. CORY: You have made assertions the Commission has denied the right of crossexamination and I make the assertion that they did not deny you the right of cross-examination. You have been allowed the largest possible latitude. MR. GALANE: The initial ruling was that any questions I proposed would have to be ruled upon at the bench. This is not cross-examination. I disagree with you. I respect your opinions and in a great many areas your opinions are preferable to my own. However, in this instance, I feel the right of cross-examination was denied. MR. CORY: I have nothing further. Commissioner Sharp moved that on the basis of evidence presented, the child nursery licenses of Connie Mormon be revoked. Motion was seconded by Commissioner Fountain and the vote was as follows: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; Commissioner Elwell voting no. City Attorney Calvin Cory stated the motion was not carried because of the one "no" vote, as under City Ordinance a unanimous vote is required for the revocation of a license. Mayor Gragson stated he would entertain a motion that the order to Show Cause be dismissed upon the advice of the City Attorney that final action should be taken to clear the record. Commissioner Fountain moved the order to Show Cause be dismissed as stated by the City Attorney that for revocation of a license a unanimous vote of the Board is required. JEAN BOMAN: I would like to ask a question, if I am not out of order. What purpose does the Child Welfare Board serve if their recommendations are not listened to by the Commissioners? What reason is there for our existence? MAYOR GRAGSON: I would like to ask the City Attorney to answer your question. MR. CORY: I would like to answer your question by reference to all Boards. As I understand it, and you must realize I am a neophyte in this position, the City Commission many years ago determined it must function with the advice of other citizens. In other words, the Commissioners themselves do not have the time nor the opportunity to investigate various violations of ordinances or investigate prospective applications. Consequently, the City Commission adopted ordinances empowering the creation of Boards. The Child Welfare Board is one of these Boards as is the Planning Commission, the Board of Zoning Adjustment, and the Board of Civil Service Trustees, to mention a few. The purpose of these Boards is to advise the City Commission the actions which that particular Board is given the authority to investigate, and to make recommendations. The Child Welfare Board, in this instance, has made an investi­gation and has made recommendation. This Board has appeared at this Public Hearing and each individual member has testified. The Ordinance of the City with respect to the revocation of a license requires a unanimous vote. In this particular case the vote was four to one, and the recommendation of the Child Welfare Board was not adopted by the Commission. You ask what purpose they serve. I think it is a wonderful purpose. It is a community endeavor and every member of these boards, including the Child Welfare Board, devotes their time and best abilities, without compensation, to accomplish a public objective as to what is for the best welfare and interest of the City. I think the City Commission, within my limited observa­tions, relies very heavily on the recommendations of these boards and almost without deviation, acts according to the recommendations made by the various boards. JEAN BOMAN: What chance is there of getting the nursery operators to adhere to rules at this point when the rules are not enforced? What, then, are other operators to do? We are in no position now to suggest if other nurseries will not adhere to rules. COMM. FOUNTAIN: The roll has been called, and the case is lost. I appreciate and 7-23-59