Alan Goldstein sent this comment concerning Friday's blog JUST POTPOURRI item on the Special Council Meeting for Wed 9/21/11 which I am re-posting here since his point merits in depth consideration by all.
"Our legal system doesn't leave room for "Star Chambers" held in secret.
Because the City Council is taking up the WBLS matter by choosing the route of issuing legal subpoenas, my question is, can it legally conduct its investigation in the privacy of executive session?
My sense is the Council ought to get a firm and independent legal opinion on this before willy-nilly deciding to close it to the public.
Once the subpoenas have been served, it is a legal issue and has moved beyond the lower bar of being a personnel issue.
Perhaps the Council can limit public attendence as courts may do under certain circumstances, but they may not entirely eliminate it.
Those subpoened are in jeopardy of a fine or imprisonment if they choose not to attend.
Our justice system demands the proceedings be held in the bright light of day, or the matter dropped.
City government is not a private club, and when the City Council sets itself up as judge and jury it must be done in the open before the people."
In a sense this investigation by a legislative body is analogous to a Congressional hearing which are not conducted as closed hearings except in matters of National Security. No one is on trial, this process is "fact finding" only. If the investigation reveals improper or illegal action it then can take two forms of action:(1) Criminal Charges, (2) Executive Session action to determine administrative action.
Your comments are requested.
Addendum 11:30 AM; I would surmise that individuals testifying under subpoena would have the right to exercise their 5th Amendment rights.
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I agree in the open requirements of this fact finding mission, but will city employees be honest when this administration is known for threatening its employees to keep them quiet about administrative misdeeds. We need to make sure those who are honest cannot be fired or mistreated on the job. If we do this, then we can hope to get to the bottom of this. The people need to see the shady dealings of this administration.
ReplyDeleteBob Bolmer