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HomeMy WebLinkAboutMINUTES-11/14/1989-AdjournedADJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS November 14, 1989 5:45 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, November 14, 1989 at 5:45 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Councilmembers Absent: Staff Members Present Winokur Burkett, Krajicek, Roy Discussion of Possible Council Action Regarding Sentencing Recommendation, No Action Taken Council adjourned the November 7 meeting to this date and time to discuss the possibility of making a recommendation to the court in an upcoming sentencing. City Attorney's Report City Attorney Roy described the criteria the court would consider in the sentencing of a criminal case. He noted the court would consider the seriousness of the offense, the use of a weapon which threatened bodily harm, the possibility to reabilitate the offender, the sentencing depreciation versus the seriousness of the crime, the offender's past criminal history, the type of crime that was committed, the defendant's background, and the purpose behind the- sentencing and including deterents and protection of society. He noted the sentencing recommendations that the court generally considers with respect to individual recommendations include recommendations from the victim of the crime, his/her attorney, and persons who speak on behalf of the defendant. He pointed out that on the prosecution side, the district attorney and the victim both have the opportunity to make a recommendation, and interested members of the public can make a recommendation through the district attorney or the probation officer. He stated the pre -sentence report contained the relevant circumstances pertaining to the case and that the court could consider the facts as determined at the trial. He stated that it would be legally permissible for Council as a group or individually, to make recommendations to the upcoming sentencing. Q.fIE November 14, 1989 Councilmember Horak noted his appreciation for Council's interest in the ' case and commented on the valuable information that the City Attorney presented. He stated that after hearing the City Attorney's information, it was clear the judge will listen to the people most closely involved with the case and noted that Council was not directly involved. He indicated Council would not be effective by making a sentencing recommendation in this case and it would not be good policy for Council to become involved. Councilmember Edwards stated that Council should not make a recommendation based on its lack of qualifications on sentencing and stated the public has other forms of recourse to make their feelings known regarding the outcome of the sentencing. Councilmember Kirkpatrick commented on Council's support of the Police Department's efforts. She emphasized that Council's lack of action should not be perceived as lack of support for the Police Department. Councilmember Maxey stated he believed that the persons directly involved in the case were prepared to express their opinions prior to the sentencing and expressed his reluctance to judge the severity of the case or be involved in the sentencing. Assistant Mayor Mabry stated that any individual councilmember has the right to express opinions regarding the case. Other Business 1 Councilmember Edwards mentioned the upcoming Ethics Review Board meeting and expressed concern that some boardmembers might not be qualified to consider the issues that will be discussed. He suggested alternate boardmembers be available to resolve the questions before the Ethics Review Board. Assistant Mayor Mabry noted that Councilmember Azari would be available as an alternate and stated the City Attorney could be consulted regarding potential conflicts of interest. Adjournment At the conclusion of the Adjourned Meeting, Councilmember Horak made a motion, seconded by Councilmember Maxey, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Nays: None. W12 November 14, 1989 The meeting adjourned at 6:10 p.m. Mayor ATTEST: City Clerk -590-