08/06/1975 - Laserfiche WebLink

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6W CITY COUNCIL MINUTES - August 6, 1975 ITEMS TAKEN OUT OF ORDER AS THEY APPEARED ON THE AGENDA: (Cont'd) C. Miller: While we were under threat from the Be la Raza.... C. Helgesson: Point of order....I have the floor. And I think Mr. Grabowski had a perfect right to refuse to give testimony. And until this Council passes a Resolution that we can, I expect him to honor the instructions that we have given. Mayor: Thank you. Mr. Gillio7 Mr. Gillio: Well, Mr. Mayor and Members of the Council. I, likewise, have not spoken with any reporters. I did speak with the Deputy County Counsel, who is quoted, because he called my office - and this is after we had spoken. I think: 1) Whether the Mayor or any member of the Council does or does not appear before an Advisory Commission of another jurisdiction - in this case, the County - is basically a matter of policy for the Council to determine. What disturbed me, bringing it back into the legal realm, was the statement by the Deputy County Counsel to the effect that they might well consider the issuance of a subpoena. And I said, 'Your Commission doesn't have the authority to do this.' And he said, 'Oh, it's been granted by the Board of Supervisors.' Now, that part does disturb me. I think to subpoena a Chief Officer of a City to appear before another jurisdiction in a matter where a public hearing was being held on a generalized subject, namely, housing, is certainly much different than an in- vestigation either by a Grand Jury or by the Board of Supervisors, or a City Council, of some particular act or concern that might lead to further litigation. The powe•to subpoena is the power to get at the facts through testimony and through presentation of written evidence. And I thought that it was out of mind to threaten, impliedly, that they might consider the subpoenaing of the Mayor. And I asked .that the County Counsel's office call me first before they undertook such a procedure so that we would be advised, and the Council could determine what action it chose to take. The Deputy County Counsel did state that this was an invitation to appear - an invitation not only to the Mayor of this City, but to other cities. And I think it's summed up in terms of my response that, implied in an invitation is the right to decline it. The County Counsel's office was particularly interested in whether we were still involved in the litigation, and advised that they had contacted Mr. Anderson, the attorney who represented the Town ably, and he said that that matter was completed. But there has been publicity to the effect that the Town might be sued as a result of a flew Jersey decision. So the continued challenge of `, the zoning may be a real possibility. And I think you've got to clearly delineate between the two things that are involved: the philosophies, the matter of Council representation - those are matters of policy that the Council determines. But I think when 10