HomeMy Public PortalAboutM 1934-03-27 - CC~ h
ADJOURNED SPECIAL ME ETING MARCH 27TH, 1934.
The City Councilof the City of Lynwood met in an adjourned spec-
ial session, at the City Hall, 11331 Plaza Street, on above date, at 7:30
P . N: .
l~7ayor Davies i:~. the chair .
Councilmen Snyder, tiVright, Daetweiler, Childs and Davies answered
the roll call.
The minutes of the special meeting of March 22nd, 1934 were read.
It was moved by Councilman ~'nyder and seconded by Councilman Childs that
said minutes of March 22nd, l~?34 re annrot~ed as read.
Ro1~ Call:
Aries : Covnci linen "nRder, ''Irirnht, Daet~veiler, Childs and Davies.
Toes : Ttone.
City Attorney Hubbard addressed the Council to the effect that
a few days ago at an Executive session of the Council the audit report for
quarter ending December 31st, 1933 vices referred to him for an opinion and
particularly his attention was called to that portion of the audit that
has to do with the City Court, and more particularly to the item for a
balance un accounted for iri the amount of y~270.00 in cash handled by the
Court Clerk; the report also reciting the essence of a receipt 'gook used
by the Court Clerk for cash bail receipts containing numbers 1400 to 1428
inclusive, receipts numbers 1400 to 1413 having been entered on the cash
records of the Court Clerk. At the special meeting held a week ago tonight,
considerable discussion on the shortage and loss of the receipt book was
had, however, since that time the receipt book covering receipts 1390 to 1428,
both inclusive, has been found, which would include the receipts reported
lost in the audit report. In moving the Court records from the police
department to the room upstairs now to be used by the Court, the book
was found in the back of a desk, stating further that receipts 1390 to
1413 have been used and the others are unused, and that he is now re-
turning the receipts book to the Council for disposal, stating that it
ma.y be desirable to retain it for safe keeping, in case of need of fur-
ther evidence. City Attorney Hubbard stated that concerning the short-
age of 270.00, there has been considerable discussion had and search
made for same and the audit report does not place the blame on any per-
son, but dust recites that there is a balance un accounted for in the
amount of270.00. Mr. Paul Derr, then Court Clerk, admits that the funds
are short, and th.e shortage took place from December 5~h, I934 and Novem-
ber 15th, T933.
At tre snecia.l meeting of the Co~~nci.7_ r. ecently held when all
members of the Council, Court Clerk, Treasurer, City clerk a.nd myself were
present, there was a general expression that there was no raillful taking
of the funds by Paul Kerr, hovrever, I `expressed the opinion and still am
of the opinion that there is a civil liability on the part of Mr. Kerr
even though there is no criminal liability. wince said rre eting of a week
ago, I have discussed the matter with lVlr. Paul Kerr,. and have taken an
Affidavit, which is sworn to before me as a Notary Public, from him as
to the transactions from the beginning--: to the end, reading as follows
'Nhereupon City Attorney Hubbard read the affidavit, which is now on file
in the Clerk's office as a public record, and is therefore made a part
of these minutes by reference only.
Thereupon it was moved by Councilman Childs and seconded'by
Councilman Snyder that said Affidavit be filed with the City Clerk.
troll Call
Ayes : Councilmen Snyder, ~~Vright, Daetweiler, Chilt~ s and Davies.
Noes: None.
City Attorney Hubbard addressed the Council further stating th at
the matter of the shortage has been taken up wi th the Bonding Company by
the Auditor and that Mr. Kerr has promised to make good the loss as ther e
is a civil liability on his part, and therefore City Attorney Hubbard pre-
sented an Assignment of ~"gages for the short~;e of X270.00, wherein Paul
~1. Kerr agrees to reinburse the City of Lynwood out of his wages in the
amount of v~50.00 out of each semi-aronthly check until the total sum is
paid, which was executed by Mr. Kerr and consented to and also signed by
Helen Marie Kerr, his wife. Attorney Hub'~ard also inquired if the Coun-
cil ~.vished hir! to take the mat+-er of the shortage up with the bonding
company further or i f trey ~n~i81^ s~?me '^andled by some other official of
the City•
Thereupon it was moj?ed b~* Councilman Childs and seconded by
councilman ~°~right that said jssignment of 'gages be accepted and filed
with the City .,Clerk.
Councilman Snyder addressed the Council inquiring of City At-
torney Hubbard wh ether or not lair. Kerr would admit guilt in making up
the shortage, however, N1r. Hubbard advised that a Civ9. liability and
criminal liability are two different things, and that Mr. Kerr recognizes
a civil liability as the funds were in his custody, and that it would not
be admitting guilt. Councilman ti~right inquired of City Attorney Hubbard
whether or not the Council would be condoning a criminal act by accepting
the Assignment, ~ d Mr. Hubbard advised that they would not as the case
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could. be re-opened at any time they found any criminal liability on the
part of Mr . Kerr or ofr er r~rs on .
Rol ~ Call. on. ?mot; nn of Asst ~nm~nt2
Wives : Councilmen :`nyder, '."s~ri~-rt, Daetweiler, Childs and Davies.
Noes: None.
It was moved by Councilman Childs and seconded by Councilman
Wright that the City Attorney be instructed to take the matter of the
shortage up with the isonding Company and put in a claim therefor.
Holl Call:
dyes: councilmen Snyder, tiNright, Daetweiler, Childs and Davies.
Noes: None.
~'ity Attorney Hubbard stated that 6 copies of the audit report
had been turned over to him, one stamped by the Clerk the date of filing,
and that he is returning 5 copies, requesting that he be permitted to re-
r' tain one copy for his file, which request was granted, whereupon City At-
torney Hubbard returned the remaining 5 copies in his possession.
Judge w~ilson addressed the Council requesting that they appoint
a Court Cler, recommending a Kathryn K~.rkeby, who resides at 3850 Virginia
Avenue, Lynwood, who used to be a teacher in the Lynwood School system,
stating that he is in need of a Court Clerk for full time.
Thereupon it was moved by Councilman Wright and seconded by Coun-
cilman Taetweiler that Kathryn Kirkeby be appointed Court Clerk to take ef-
fect March 28th, 1934, at a sealary of '75.00 per month.
~~oll Call:
Ayes: Gouncilmen Snyder, t:~right, *~aetweiler, Childs and Davies.
Noes: None.
It was moved by Councilman Snyder and seconded by Councilman
ti~lright that the City Clerk be instructed to procure a bond in the principal
amount of1,000.00 covering Kathryn Kirkeby as Court Clerk.
Roll Call.
Ayes : Councilmen "nyder, !:~lrinht, T~aetweiler, Childs and Davies.
Noes : A?one.
City httorney Hubbard stated that he wanted the bail receipt book
that he has in his possession disposed ~f.
Thereupon it was moved by Councilman Wright and seconded by
Councilman Daetweiler that said book be filed and turned over to the City
Clerk and the City Clerk to receive a receipt from the Court Clerk for same
when turned over to the Court for their records.
Roll Call:
Ayes: Councilmen Snyder, Wright, Daetweiler, Childs and Davies.
Noes : Done .
City Attorney Hubbard again addressed the Council on the shortage
to the effect that the reason that he does Hat recommend any criminal pro-
secution in the case is for the reason that he has heard the matter discus-
sed in committee, and heard it discussed with the Council here, with every
other City Officer, including your Clerk, Treasurer, Chief of Police, myself
and may be others, and there is a uniform opinion that the money was not
taken or misappropriated by Mr. Kerr. It is an unfortunate circumstance
that the money is short for reasons beyond the explanation of any person.
~rhe matter has been fully discussed, and in view of the fact that the law
holds that a man is innocent until he is proven guilty, and in this case
there is no evidence that would prove D~~.r. Kerr guilty, and it is a serious
matter to accuse a man of a crime of this nature without some evidence,
therefore I do not feel that the man should be charged z^rith a crime.
Mayor Davies inquired of the Council if they are satisfied with
the solution of the matter as outlined bq the City Attorney, and all agreed
that the matter ha.d been very ~.^rell handled.
Councilor^n Snyder o'er iected to that Hart of the Affidavit that re-
ferrecl to himself' as having known a~out the shortage, stating that Paul
told rim that he was having difficulty ~^Tit'~ ris books and he, Snyder, did no
know about the shortage that existed,-and after some discussion, Mr. Kerr
'„_,; . was called to the Council meeting and concurred with sir. Snyder ~ s statement,
and the wording of the Affidavit was charged by striking out the word "Short
age" and substituting and inserting the word "difficulty", which was ini-
tialed by Mr. Kerr as okey and sworn to bef ore Mr. Hubbard a Notary Publ ic.
• It was moved by Councilman. Wright and seconded by Councilman Sny-
der that the meeting adjourn to April 3rd, 1934, at 7:30 P. TVI.
Roll Call:
Ayes: Councilmen Snyder, ~~Jright, Daetweiler, Childs and Davies.
Noes: None. c n
ATTEST: AYOR Or T ~ ~~
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GlTY L~K, ITY 4F L~OOD