Laserfiche WebLink
~~ <br />-2- <br />No action was taken on the Off-Street Parking Ordinance 75-16. <br />Resolution 897, entitled; "A RESOLUTION AUTHORIZING AND DIRECTING <br />THE LAW DIRECTOR TO PROVIDE R DEFENSE IN LITIGATION PENDING IN <br />THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF <br />OHIO, EASTERN DIVISION, CASE #C73-1143, AND DECLARING AN <br />EMERGENCY", was introduced by Mr. Barclay. <br />By recollection Mr. Bennett has inserted the following questions <br />directed to Mr. Byrnes pertaining to Resolution 897: <br />Mr. Bennett: Shouldn't Frank Prager and Robert Schulte disqualify <br />themselves from voting on the emergency clause and <br />also the resolution because of the conflict of interest <br />law as they are both named in the law suit? <br />Mr. Byrnes: They could vote on the emergency measure and the <br />resolution because in my opinion the cost to defend <br />two more defendants would not vary, so I feel there <br />would be no conflict of interest involved. <br />Mr. Bennett: Would we be letting the Village open for some tax- <br />payers law suits by spending general fund money for <br />private law suits? <br />Mr. Byrnes: No. <br />Mr. Bennett: If the charges are dismissed against all but two or <br />three of the defendants and these two or three <br />defendants are found guilty, must we pay for any and <br />all appeals all the way to the Supreme Court? <br />Mr. Byrnes: Yes. That is the way the resolution reads however <br />it can be changed by council at any time. <br />Mr. Bennett: I would be willing to pay legal fees for the trial <br />court, but not any appeals if any defendants are <br />found guilty. <br />Mr. Byrnes: The resolution would have to be changed. <br />Mr. Bennett: Is the Village responsible in any way for any fines <br />or damages if any of the defendants are found guilty? <br />Mr. Byrnes: No. That is stated in the resolution. <br />Mr. Bennett: We do not have the completed resolution in front <br />of us to examine and therefore I cannot pass on an <br />resolution or ordinance that I cannot study or at <br />least read. -. <br />Mr. Barclay: This resolution was discussed at the Council Caucus <br />prior to the last regular meeting. <br />