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HomeMy WebLinkAbout06/01/92299 ROLL CALL At a Called Meeting of the Board of Commissioners held in the Commission Chambers at City Hall at 9:00 a.m., Monday, June 1, 1992, Mayor Montgomery presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Grumley, Hornsby, Taylor and Mayor Mont- gomery (4). Commissioner Feezor was absent (1). NOTICES OF CALLED MEETING Commissioner Grumley offered motion, seconded by Commissioner Hornsby, that the executed copies of the Notice of Called Meeting to be held at 9:00 a.m., Monday, June 1, 1992, be received and filed. Adopted on call of the roll, yeas, Commissioners Grumley, Hornsby, Taylor and Mayor Montgomery (4). This hearing convened at 9:00 a.m. on June 1, 2 and 3, 1992. The meeting was held for the purpose of hearing charges against Patrolmen Edward V. McManus and Billy M. Griggs, brought by Assistant Chief Jimmy Ford and Frank M. Burch, Administrative Captain, Acting as Chief of Police. McManus appeared in person with his attorney, James A. Harris, Jr., assisted by Sheila Roberts. Griggs appeared in person with his attorney, Len W. Ogden, Jr. Hon. Bruce Reynolds, Assistant Attorney General, represented Complainants Assistant Chief Ford and Captain Frank Burch. Mr. Reynolds was assisted by Captain Bill Gordon of the Paducah Police Department. �_J Detailed testimony was taken by court reporter Shirley France. An agreement was reached by all parties to compromise between an open and a closed hearing. Those allowed to attend the hearing were: Leandru Higgenbottom and his closest relative Rev. W.G. Harvey A black minister representing the Black Ministers Association One representative from each news media Ricky Melton and his attorney, if one present Attorney Jim Owens, representing the African Ministers Task Force Bailiff Kevin Carter Spouses of the two defendants It was agreed that Rev. Harvey be excluded from the hearing during Mr. Higgenbottom's testimony. The City Clerk read the charges against Mr. McManus and Mr. Griggs. McCracken County Jail records were entered by stipulation of all parties. Admission of dispatch tapes were entered by stipulation of all parties. Assistant Commonwealth Attorney Tim Kaltenback granted Mr. Higgenbottom and Mr. Melton immunity in State Court from their testimony and evidence presented at this hearing. Immunity was also granted to Mr. McManus and Mr. Griggs. 300 Opening statements were presented by Mr. Reynolds, Mr. Harris and Mr. Ogden, respectively. The following witnesses were called by Mr. Reynolds and duly sworn by the City Clerk: Capt. Bill Gordon David Hampton Officer Ron Sigers Officer James Rundles Joyce Beasley Lt. Ken Alexander Charles Holt William E. Purvis Leandru Higgenbottom Officer Ozean Dodd Assistant Chief Jimmy Ford David Harris Sgt. Steve Haines Ricky Melton Performance evaluation sheets on Mr. McManus were entered by stipulation by all parties. All parties stipulated that the Night Rangers will not be discussed further by the attorneys. The following witnesses were called by Mr. Harris and duly sworn by the City Clerk: Deputy Kenny Gray Officer Edward V. McManus Officer Mike Felker Officer Mike Holloway Officer Steve Orazine Officer Keith Galloway Officer Charles Welch Officer James Rundles James R. Beasley Phillip Hornbeak Michael Mays Capt. Elaine Reynolds Officer Charles Pinnegar The following witness was called by Mr. Ogden and duly sworn by the City Clerk: Officer Billy M. Griggs The majority of witnesses were examined by cross, direct, re -cross and re -direct examination. Capt. Bill Gordon was called by Mr. Reynolds for rebuttal. All exhibits were admitted by agreement of the parties. Closing arguments were presented by Mr. Reynolds, Mr. Harris and Mr. Ogden, respectively. Commissioner Grumley offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners to into Executive Session for deliberations. Adopted on call of the roll, Commissioners Grumley, Hornsby, Taylor and Mayor Montgomery (4). At the conclusion of the Executive Session the Board reconvened in the Commission Chambers, whereupon the Mayor announced the hearing was back in session. 301 The following Findings of Fact were read: "From the evidence presented, the Board finds as follows: "That the defendant, Edward V. McManus, is not guilty of any violation of the Manual of Rules asProced res on the Police Department of the City o Paducah, Counts I through VIII of the Statement of Charges filed ofoany April 30, 1992, and that said defendant is not guilty violation of the Manual of Rules and Procedures of the Police Department of the tatementPaducah Chargescontained on MayC26nt1992. through V of the S "Dated this 3rd day of June, 1992." AND: "From the evidence presented, the Board finds as follows: "That the defendant, Billy M. Griggs, is not guilty of any violation of the Manual of Rules and Procedures of the Police Department of the City of Paducah, as contained in Counts I through VIII of the Statement of Charges filed on April 30, 1992. "Dated this 3rd day of June, 1992." Mr. Grumley offered motion, seconded by Commissioner Taylor, that the Findings of Fact be adopted by the Board of Commissioners of the City of Paducah, Kentucky. Adopted on call of the roll, yeas, Commissioners Grumley, Hornsby, Taylor and Mayor Montgomery (4). (McManus & Griggs) Upon motion the meeting adjourned. 3 Adopted: June 9, 1992 .� r. 'S�L- T xw_ Z City Clerk Ma or ic 491gr �, 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, of June 1, 2 and 3, 1992, as recorded in Minute Book 33, page 299. v� City Clerk miser/iyaaring.min 2.3 �