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r <br />124 <br />SPECIAL MEETING - February 3, 1954 <br />The special meeting of the Board of Public Works for the purpose of a hearing in <br />the matter of denial of renewal of taxicab driver's license of Robert Berning reconvened <br />at 2:55 P.M. CST, Wednesday, February 3, 1954, in:the Council Chamber of the City Hall, <br />in pursuance to action taken immediately before adjournment of the hearing held Tuesday. <br />Board member I. A. Hurwich was absent. <br />Robert Berning and his attorney, Donald Patrick were present. The Board had �� • <br />legal representation in the person of Arthur A. May, Assistant City Attorney. Also <br />present were Chief of Police, Richard J. Gillen and Detective Sergeant John W. Porte. i <br />After some discussion on the part of both attorneys, it was determined and <br />agreed that the entire matter hinged upon whether or not the applicant is of good moral <br />character within the meaning of the ordinance governing the licensing of taxicab drivers. <br />It was next brought out that in view of the fact that the applicant was entirely unknown <br />personally to the City Controller, the Controller's decision had been based on the <br />report of the incident of January 24, 1954, recorded as Case C-17477, as given by Robert <br />Berning in a polygraph examination conducted by Detective Sergeant Porte. <br />Assistant City Attorney, Arthur A. May asked the applicant, Robert Berning, to <br />relate his activities in -connection with the incident in question, to which Mr. Berning i <br />was agreeable, and being permitted by Attorney Patrick, related, with some questioning <br />on the part of Attorney May, the entire affair in which he and one Dorothy Carpenter <br />had been involved on the night of January 23/24, 1954- <br />Attorney May then called upon Detective Sergeant Porte, who, being placed under � <br />oath, stated that Robert Berning had repeated the story of the incident "almost word <br />for words' as given to Sgt. Porte in his polygraph examination. <br />Attorney Patrick again stressed the fact that neither the Police Department no <br />the Prosecutor's Office have any charges filed against Robert Berning and expressed the <br />opinion that Berningts conduct throughout the incident in question was to be commended. <br />r� <br />Without arriving at a decision in the matter, the Board then dismissed Mr. Berninj <br />and his attorney and then recessed briefly. <br />Upon reconvening, the Board reviewed various points of Mr. Berningts testimony <br />and after some further discussion, it was pointed out by the chairman of the Board, <br />R. S. Andrysiak, that in his opinion, the ordinance is faulty and in need of revision.. <br />Mayor John A. Scott, being present, stated that he is in agreement with Mr. Andrysiak, <br />and offered the suggestion that further discussion and decision in the matter be deferre <br />until the next regular meeting of the Board, Monday, February 8, 1954- <br />The Board being in agreement to defer immediate decision, Chairman Andrysiak <br />thereupon declared the meeting'adjourned, the time being 4:20 P.M. • <br />,a <br />i. <br />II� <br />Attest: �SS/ <br />Clerk • <br />• <br />0 <br />