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HomeMy WebLinkAbout08/03/04143 AUGUST 3, 1994 At a Called Meeting of the Board of Commissioners held in the Commission Chambers, City Hall, at 1:00 p.m., on August 3, 1994, Mayor Montgomery presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). R & F NOTICES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the executed copies of the Notice of Called Meeting to be held at 1:OO.p.m., Wednesday, August 3, 1994, be received and filed. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). The meeting was held for the purpose of hearing charges against Patrolman Lawrence J. Acree, brought by Assistant Chief Jimmy D. Ford. Acree appeared in person, with his attorney, Hon. Len W. Odgen, Jr. Hon. Kevin Shannon represented Assistant Chief Ford. Detailed testimony was taken by court reporter Shirley France. Mr. Ogden requested an open hearing with the witnesses for both parties excluded. Plaintiff's witnesses excluded: Officers Wallace and Orazine. Defendant's witnesses excluded: Officers Carr, Wallace, and Carroll; Chief L.V. McGinty, and Paducah.Sun reporter Kevin Simpson. It was agreed that Assistant Chief Ford, who was both the complainant and a witness, be allowed. Reading of the charges was waived. Mr. Ogden introduced a Motion to Dismiss, which was opposed by Mr. - Shannon. A lengthy debate ensued between the parties. The Commission agreed to hear procedural points presented by Mr. Ogden supporting his Motion to Dismiss. Upon the Commission's decision to set aside Mr. Ogden's Motion to Dismiss, Mr. Ogden advised the Commission that they could reconsider said motion at any time during the hearing. Witnesses were excluded at this time. Opening statements were presented by both parties. The complainant was called by Mr. Shannon and duly sworn by the City Clerk. After direct and cross examination of Assistant Chief Ford (the complainant), the hearing went into a brief recess. At the conclusion of the recess, Mr. Ogden renewed his Motion to Dismiss. Mayor Montgomery offered the following motion, seconded by Commissioner Grumley: "Upon suggestion by Counsel for Defendant Acree, I move that the Board of Commissioners recess and go into Executive Session for purposes of discussing the previously filed Motion to Dismiss". Adopted on call of the roll, yeas, Commis- sioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). At the conclusion of the Executive Session the Board reconvened. Mayor Montgomery offered the following motion, seconded by Commissioner Hornsby: "Upon the Board of Commissioners having heard 144 AUGUST 3, 1994 the testimony of the Complainant, Assistant Chief Jimmy D. Ford, and having considered arguments of Counsel, I hereby move that the charges against Officer Acree be dismissed and this hearing terminated". Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). Upon motion the meeting adjourned. ADOPTED: August 9, 1994 ityek I hereby certify that the above is a true and correct copy of the minutes of the Board of Commissioners of the city of Paducah, Kentucky, as recorded in Minute Book 34, page tnisc /hearing .min C=e-n�itc�Asmitih,/City Clerk