MINUTES
SPECIAL MEETING OF THE BOARD OF PUBLIC SAFETY
OCTOBER 10, 2007
Mayor Ryan J. Bingham called the Special Meeting of the Board of Public Safety to order Wednesday, October 10, 2007 6:10 pm in Council Chambers.
Meeting participants present identified themselves for the record. In attendance were Mayor Ryan Bingham, Commissioners Christopher Cook, Richard Zaharek, Douglas Benedetto, James Potter, Michael Colangelo, and Robert Zordan, Chief Robert Milano, Deputy Chief Michael Maniago, Attorney Victor Muschell, Officer Paul Abeling, and Attorney for Officer Abeling Rob Serafinowicz and Corporation Counsel Ernestine Weaver
The only order of business was to open the hearing re: Chief Robert Milano's Recommendation re Officer Paul Abeling. Commissioner Potter moved this item which was seconded by Commissioner Benedetto.
Mayor Bingham read the notice, a letter dated September 26, 2007 addressed to Paul Abeling from Corporation Counsel Weaver into the record.
Mayor Bingham asked, "Is there anyone on the Board of Public Safety who believes that he is not able to be impartial in this matter due to previous knowledge of Officer Abeling and the facts of this matter such that his knowledge could prejudice his ability to render an impartial and fair decision?"
Commissioner Benedetto identified himself. Mayor Bingham asked whether there were any objections to Commissioner Benedetto's request to be recused. There being none, Mayor Bingham asked for a motion for acceptance of Commissioner Benedetto's request to recuse himself. Commissioner Potter made the motion, which was seconded by Commissioner Colangelo. The vote was unanimous.
Mayor Bingham stated that one of the reasons for this first hearing is to calendar dates for the hearings on the evidence and to be certain that we will have a quorum with preferably the same four commissioners present at each hearing. Upon asking each of the attorneys for the amount of time needed, the following dates were set:
Wednesday, November 7, 2007 at 6:00 until 9:00 p.m.
Thursday, November 8, 2007 at 6:00 until 9:00 p.m.
Tuesday, November 13, 2007 at 6:00 until 9:00 p.m.
Tuesday, November 20, 2007 at 6:00 until 9:00 p.m.
Mayor Bingham asked for a motion that the Board of Public Safety to meet on those dates and times, until the Abeling hearing is concluded. Commissioner Cook made the motion which was seconded by Commissioner Potter. All in favor.
Mayor Bingham asked if there were other procedural matters that the Attorneys would like to discuss, before the Board. Atty. Muschell asked whether this matter would be conducted in executive session. Attorneys for the parties agreed that that matter could be revisited in during the first meeting. Atty. Muschell also requested that we consider the number of copies of the transcript that need to be produced and requested that each party bring an adequate number of copies for documentary evidence. It was decided that eight was the appropriate number of copies so that each Commissioner, the Mayor, Corporation Counsel, and opposing counsel would receive a copy.
Atty. Serafinowicz was in agreement and had no further comments.
Mayor Bingham asked the Board if they had any other matters to discuss, there being none Commissioner Potter made a motion to continue the hearing on November 7, 2007 at 6:00 p.m. Commissioner Zordan seconded the meeting. All in favor.
ATTEST: Ernestine Yuille Weaver
Corporation Counsel
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