CC Min 1994-01-24 - Laserfiche WebLink

Browse Search

the right one. Councilwoman Gasparini stated the Council was doing an impeccable job and was doing everything possible to keep bias out of the process. .. n"*~~~_i\~~ Mr. Jackson confirmed Councilman Greenalch's earlier statements that the Council did have the authority to issue subpoenas for these proceedings before the Council and the investigation. Mr. Jackson stated that the subpoenas, which are not voluntary, are enforceable through a procedure in the state statutes for referring the matter to the Superior Court, and the Court brings the person before it just as if the person had violated a subpoena issued by that Court. Mr. Jackson cited Government Code Sections 37104 through 37109 as authority in this matter and confirmed in court case Brown v City of Berkeley, 1976 which upheld the subpoena power in this type of investigation. Councilwoman Steinfeld stated she was not disputing the need for subpoenas, in fact she welcomed them, but asked why they were being issued for a private hearing rather than a public hearing as required by the Brown Act. Also, why were subpoenas being issued only to one bank and not the other institutions involved in which she also held assets? Councilwoman Steinfeld added that she firmly believed it took two attorneys and a judge to render a decision, and any investigation of any public official was a public matter. Mr. Jackson advised that the personnel exception that Councilwoman Steinfeld is referring to in the Brown Act is only applicable when a majority or a quorum of Council Members are present, but does not extend, nor has it ever extended, to less than a quorum. The two-person Personnel Committee is less than a quorum. There is no violation of the Brown Act. Councilman Greenalch, in response to Councilwoman Steinfeld's questions, advised her that her holdings in other institutions were not known until tonight nor was that information relevant. Councilman Greenalch explained that subpoenas are being issued only to Great Western Bank as the other institutions involved have already cooperated, and Great Western Bank advised they would not produce any evidence unless subpoenaed. Also, this is not a public hearing because there are no charges being made against any Council Member. If there is a point where charges are leveled, they must be done publicly and they will be done independently of the work of this Committee. This committee is operating in complete compliance with all applicable laws. In answer to Councilwoman Steinfeld's statements regarding this investigation being a fishing expedition, Councilman Greenalch stated that it was not. Councilman Greenalch spoke to the issue of the alleged charges against both Council Members and explained what areas were being investigated and what were not being investigated. Councilman Greenalch advised everyone not to prejudge the results of the investigation which will be coming to a conclusion in the near future. Councilman Greenalch added that without the subpoenas there will be one piece of critical information missing from the report. Regular Meeting Minutes January 24, 1994 MINUTE BOOK NO.52 Page 5 Page NV. 107 - e_cc. 'r' ec -..