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179 <br />MINUTES OF A SPECIAL MEETING OF COUNCIL <br />Mayfield Village <br />December 27, 1988 <br />The Council of Mayfield Village met in Special Session on Monday, <br />December 27, 1988, at eight o'clock (8:00 p.m.) in the Council Chambers <br />at the Mayfield Village Hall. Council President Santo Basile presided. <br />Roll Call: Present: Mr. Basile, Mrs. Cinco, Mrs. Mills, Mr. Rinker, <br />and Mr. Santoro Absent : Mr. Flynn, and Mr. Petschauer <br /> <br />Also Present Were: Mayor Carmen, Mr. Ramos, and Miss Heath <br />Mr. Basile stated that this Special Meeting.was called to authorize the <br />employment of special legal counsel for Mayor Carmen. <br />Mr: Ramos'stated that Mayor Carmen and Council had asked him to look <br />into whether or not Mayfield Village has the duty or can they represent <br />Mayor Carmen in the indictment handed down December 16 alleging <br />conflict of interest charges. He said that pursuant to research he <br />made in conjunction with the Charter and his research of the Attorney <br />General and State law, he prepared an opinion letter. Mr. Ramos said <br />that for purposes of the audience he would go over the letter. <br />Mr. Ramos said that the legal opinion (the letter, dated December 27, <br />1988, re: Legal Representation for Conflict Allegations) will be <br />attached to these minutes. <br />Mr. Ramos read excerpts from the letter which explained why the <br />municipality has a legal duty to provide representation for Mayor <br />Carmen. . <br />Mr. Ramos said that he has a certification which he sent to Council <br />stating that he is unable to handle the matter pursuant to Article 5, <br />Section 4, of the Mayfield Village Charter. He said that he may be <br />called as a witness in the case and that he felt it would be in the <br />best interest of all parties that a specialist in criminal law be <br />retained in this matter. <br />Mr. Basile asked why Village insurance would not take care of this. <br />Mr. Ramos explained that there is a specific exclusion in the Village's <br />insurance policy (with American Empire Surplus Lines) that states that <br />it would not be applicable in this instance. <br />Mrs. Mills asked if it was because Mayor Carmen was being sued as an <br />individual. <br />Mayor Carmen explained that it has to do with intent.