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MEDLIN Johnny R <br /> From: BROTHERTON Kathryn <br /> Sent: Friday, October 25, 2002 9:53 AM <br /> To: MEDLIN Johnny R; COREY Kurt A <br /> Subject: Re: PURPOSE <br /> Johnny and Kurt - <br /> The hearing conduct outline looks good, just one suggestion. Because <br /> the Park Rules require that Mr. Mooney be given a written copy of his <br /> decision, Kurt should say something like: "Mr. Mooney, you will receive <br /> a written copy of my decision. The written decision will be issued by <br /> October X, 2002." <br /> This doesn't prevent Kurt from stating at the hearing what the written <br /> decision will say, i.e, modify, affirm, etc. but he may want to state <br /> that the time to appeal the decision does not start to run until the <br /> written decision is issued. <br /> We need to find out how, either by personal delivery or mail, the City <br /> can get a copy of the written decision to Mr. Mooney. <br /> While the rules don't require that the decision be based on "findings" <br /> you may want to include just a few in the written decision, i.e., "I <br /> find that the events as alleged in the Notice of Restriction of Use <br /> did /did not occur," etc. <br /> Kurt, regarding your obligation to listen to other witnesses, the Park <br /> Rules allow Mr. Mooney to present the testimony of people who witnessed <br /> the incident. Thus, you are obligated to listen to witness testimony. <br /> I suggest letting Mr. Mooney put on his witnesses, but if after three or <br /> four witnesses they all say the same thing you can ask Mr. Mooney if all <br /> of his witnesses will be giving the same testimony. If his remaining <br /> witnesses will all be presenting the same testimony, you can: (1) limit <br /> the remaining number of witnesses; or, (2) when each witness comes up, <br /> ask if what they witnessed of the incident is consistent with the other <br /> witnesses that testified for Mr. Mooney, or will they be offering <br /> new /additional witness testimony. If they don't have anything to add, <br /> you don't need to let them testify further. <br /> See you both this afternoon. <br /> Kathryn P. Brotherton <br /> Harrang Long Gary Rudnick PC <br /> 101 E Broadway Suit 400 <br /> Eugene, OR 97401 <br /> 541 - 485 -0220 <br /> kathryn.brotherton @harrang.com <br /> This message is a confidential communication under the attorney - client <br /> or attorney work product privilege. <br /> »> MEDLIN Johnny R < Johnny .R.MEDLIN @ci.eugene.or.us> 10/25/02 08:43AM <br /> »> <br /> «Park Rule Appeal - Mooney.doc» <br /> Hi Kurt - here is a brief suggestion of how to conduct the hearing <br /> this <br /> afternoon. I'm also forwarding to Katherine Brotherton for her <br /> comments. <br /> Thanks <br /> Johnny <br /> 1 <br />