1982 01 12 CC Minutes, Special0112 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 12, 1982
The City Council of the City of Baytown, Texas, met in
special session on Tuesday, January 12, 1982, at 5:30 p.m.
in the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
*Mary E. Wilbanks
Roy L. Fuller
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Larry Patterson
Daniel R. Jackson
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
Assistant City Attorney
City Clerk
The meeting was called to order with a quorum present
and the following business was transacted:
Consider Appeal of Manuel Pease from Decision of Auto Wrecker
Committee Regarding Suspension of Permit
Mayor Hutto explained that City Council had assembled
to hear the appeal by Manuel R. Pease, owner of Manuel R.
Pease Enterprises, a local wrecker company, from the decision
of the Auto Wrecker Committee. A complaint was filed against
Mr. Pease by Camille Deason which complaint was received by
the City Manager and brought before the wrecker committee.
After hearing all the evidence presented, the Auto Wrecker
Committee suspended Mr. Pease's Auto Wrecker Permit for a
period of thirty (30) days. The complaint filed by Mrs.
Deason against Mr. Pease was for two violations of Section
6 -13 of the Code of Ordinances "Revocation or suspension of
auto wrecker or towing permits." The first violation was a
violation of the State of Texas, namely that 11r. Pease
intentionally or knowingly used abusive, indecent, profane
or vulgar language in a public place and the very utterance
tends to incite an immediate breach of the peace. Further
it is alleged that he violated Section 6 -13 of the Code of
Ordinances by failing to provide satisfactory, general
service or conduct his business in a reasonable manner. A
copy of Mrs. Deason's complaint was provided to each Council
member prior to the meeting. Mayor Hutto stated that if any
Council member so desired he would be happy to read the
complaint.
Mayor Hutto explained that the task of Council at this
meeting would be to rehear all the evidence in this matter
and determine whether the suspension that was imposed by the
Auto Wrecker Committee should or should not be upheld. He
also explained that Council had the right to make and deliberate
an entirely different result. Council was also furnished
e
with a copy of Rules for Committee Review which rules would
be the procedure for this hearing. Council members would be
allowed to ask questions only after each party completed
his /her statements. Prior to asking any questions, each
Council member was asked to identify themselves. Mayor
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Minutes of the Special Meeting - January 12, 1982
Hutto mentioned that he would be acting as presiding officer
and would make rulings on all objections and motions to be
presented. He emphasized that Council would endeavor to
conduct the hearing in as fair a manner as possible and for
that reason no questions or remarks from the audience would
be tolerated. Mayor Hutto requested that the Assistant City
Attorney state the charges afterwhich Mrs. Deason would
present her evidence and witnesses. After completion of
Mrs. Deason's presentation, Council would be allowed to pose
questions. Mr. Pease would then have an opportunity to
present his evidence and witnesses. Council would then have
an opportunity to question Mr. Pease. After that, each
party would be afforded the opportuntiy to make final arguments.
Mayor Hutto mentioned that the proceeding was a civil one
and the deliberation and findings of Council would be based
on proponderance of the evidence which is the standard for
all civil procedures. Prior to the Assistant City Attorney's
reading of the charges, Steve Hebert, Attorney for Mr.
Pease, requested a moment to voice an objection which Alayor
Hutto granted.
Mr. Hebert stated that Mr. Pease was before Council
because supposedly he had violated the laws of Texas. Pir.
Hebert stated that from his understanding of the Penal Code
of Texas, no one has jurisdiction of penal affairs or the
Penal Code except courts of qualified jurisdiction -- Municipal
Courts, County Courts and District Courts. There is no
agency or group which may pass judgement on a criminal
offense in Texas except a court of competent jurisdiction.
The Council or Auto Wrecker Committee can address itself to
violations of practice - -the manner in which he conducts his
business, the manner in which he keeps records and there
would be no objection there. To inform Mr. Pease that he is
present because he violated an offense when he has not been
found guilty of anything would be starting backward. To
begin with, if Mr. Pease is guilty of violating a city
ordinance (criminal, penal in nature) or any law of the
State of Texas (if it is penal) then that charge should be
filed against him in a court of competent jurisdiction,
namely the Municipal Court, JP Court or County Court. Once
he has been found guilty, then Council could act to revoke,
suspend or punish Mr. Pease. Mr. Hebert stated that for
this body to take jurisdiction of a criminal offense is
improper and unconstitutional. However, Council would still
have jurisdiction of the manner in which Mr. Pease conducts
himself, the manner in which he keeps records and the manner
in which he conducts himself when picking up cars. Mr.
Hebert stated that he would object to the proceeding on
anything that is penal in nature. After consulting with the
Assistant City Attorney, Mayor Hutto overruled Cdr. Hebert's
objection and stated that Council was not attempting to
enforce any penalty since the proceeding was civil in nature.
Mayor Hutto requested that the Assistant City Attorney
read the charge, but Mr. Hebert stated that he would waive
reading of the charge in the interest of time. However, the
charge should be included as part of the record. The charges
against Mr. Pease follow:
That he violated Section 6 -13, entitled, Revocation or
suspension of auto wrecker or towing vehicle permits, in
that he allegedly violated a law of this state, namely, that
he intentionally or knowingly used abusive, indecent, profane,
or vulgar language in a public place, and the language by
its very utterance tends to incite an immediate breach of
the peace. Further, he violated Section 6 -13 of the Code by
failing to provide satisfactory, general service or to
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Minutes of the Special Meeting - January 12, 1982
conduct his business in a reasonable manner.
Mayor Hutto called upon Mrs. Deason to state her case.
He explained that Council did have a copy of the complaint
and it would be up to Mrs. Deason whether to read the complaint.
Mrs. Deason stated that she felt that the complaint had been
adequately presented in the letter. She did have her husband,
Edward D. Deason and her son, Philip Cox, as witnesses.
Mayor Hutto at this point requested that all persons desiring
to be witnesses to stand to be sworn. Mrs. Deason called
Mr. Deason as a witness.
Edward D. Deason testified that he is employed for
Brown and Root, Exxon BOP, and that his wife had called him
on the day that she and Philip had gone to pick up the car.
Mrs. Deason was very upset at the time and during their
conversation, the phone was suddenly disconnected. At that
point, Mr. Deason called the Baytown Police Department to
lend assistance to Mrs. Deason. Mr. Deason went on about
his work. Later, Mrs. Deason called him from a place near
Mr. Pease's business. Mrs. Deason was extremely upset at
this point; therefore, the police department was contacted
again to lend assistance. As far as any knowledge of what
actually transpired at Mr. Pease's business, Mr. Deason
could not verify.
Mrs. Deason added that the first time the police
department was contacted by her husband that an officer was
dispatched, but Mrs. Pease told the officer that everything
was under control and all was fine. In the meantime, Mr.
Deason had called back. Mrs. Pease told him that everything
was fine that there had been a small misunderstanding. Mrs.
Deason was on the phone and was unaware that the police
department had responded the first time. 1 1,hen the officers
were called out the second time, Mrs. Deason and her son
were able to get the car.
In response to an inquiry from Mayor Hutto, ;ors. Deason
stated that she had gone to the Pease place of business to
get the car and had been there close to two hours from the
time of arrival until finally getting the car.
Mr. Deason in response to cross - examination from Mr.
Hebert stated that while he was speaking with Mrs. Deason
the phone was disconnected. Prior to the phone being discon-
nected, his wife was telling him that she was having difficulty
and requested that he come to the wrecking yard. Mrs.
Deason had told Mr. Deason that there was a problem with the
insurance check.
In response to Mr. Hebert's inquiry whether tars. Deason
had used the term "S.O.B." during her conversation with him,
Mr. Deason stated that he was uncertain, but as a general
rule his wife did not use that kind of language.
Philip Cox, Mrs. Deason's son, explained that he asked
Mr. Pease what happened to his tire and that when he asked
that question, Mr. Pease called him a M.F. and started
calling him a dope -head and pill -head. When Mr. Cox and his
mom went to pay to have the car released, Mr. Pease began to
grab him by the neck and acted as though he was going to hit
. him.
Mrs. Deason interjected that when they went to Mr.
Pease's place of business, they had both been to the insurance
company. Each thought that the other had the insurance
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Minutes of the Special Meeting - January 12, 1982
check. When they arrived at the wrecking yard, neither had
the check. This is when all the problems really began with
Mr. Pease. Mrs. Deason explained that she had never picked
a car up before and was not aware that cash was required.
Mrs. Deason stated that she told Mr. Pease that she had
forgotten the check and that she would go ahead and issue a
personal check for the entire amount and go back by the
insurance agency to pick up the insurance check. That is
when Mr. Pease called her a "dumb dam bitch" and told her
that she should know better than to come pick a car up
without money. That is when her son inquired as to what had
happened to the tire.
*Councilwoman Wilbanks absent.
Mr. Cox further testified that after all of this, Mr.
Pease had pulled a car in front of Mr. Cox's car and left
the business, which resulted in the Cox car being blocked.
That is when the officers arrived and helped to move the
other vehicle from the path of the Cox car.
Mrs. Deason added that after Mr. Pease and her son had
had the altercation, she requested that her son change the
tire. She then went to pick up the insurance check and have
a check cashed for the balance. As Mrs. Deason was preparing
to leave, Mrs. Pease walked up, flipped the papers over and
stated that Mrs. Deason was the lady with all the martial
problems. Mr. Martin, Mrs. Deason's insurance representative,
cashed a personal check for the difference between the
insurance check and the amount owed. When Mrs. Deason came
back to the Peases' business, her son was still out near the
car because he did not have a lug wrench which he got from
Mrs. Deason's car. Mrs. Deason went in to pay Mr. Pease,
Mrs. Pease was present. Mr. Pease was hooked to a brown car
at that time which he had pulled in front of tor. Cox's car.
Mrs. Deason had pulled into the driveway to the left. There
was a gentleman standing talking to Mr. Pease and when Pars.
Deason walked by Mr. Pease made a remark. Mrs. Deason
turned and asked Mr. Pease what he had said and both men
laughed at her. When Mrs. Deason went up to pay Mrs. Pease
she told Airs. Deason that she would not accept the insurance
check. Mrs. Deason told Mrs. Pease that Mr. Martin had
assured her that the Peases' would accept the insurance
check. Mrs. Pease insisted that Mrs. Deason call 11r. Martin
which she did, but Mr. Martin was out; therefore, Mrs. Pease
talked to Mr. Martin's secretary. During the time that Mrs.
Pease was conversing with the secretary she discussed how
Mrs. Deason had tried to call someone on the phone who she
was living with, she didn't know if it was Mrs. Deason's
husband or not. The secretary cut Mrs. Pease very short and
instructed her to accept the insurance check. At which
time, Mrs. Pease insisted that Mrs. Deason present her
driver's license. Mrs. Deason paid the charges and by that
time, her son had changed the tire. When Mrs. Deason ventured
outside, Mr. Pease had unhooked from the brown car and had her son's
car blocked.
Mr. Cox verified that he had asked Mrs. Pease to move
the brown car, but Mrs. Pease refused to allow the car to be
moved because there was a battery hooked to the car which
might become dislodged. Mrs. Deason and her son sat in her
blazer from 45 minutes to one hour when she walked next door `' 4
to traffic control to call Mr. Deason for a second time.
When the officer asked what the problem was, Mrs. Pease
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Minutes of the Special Meeting - January 12, 1982
responded that she did not know. She said that there was a
hysterical woman there with marital problems. The officer
inquired if Mrs. Deason had paid her debt and Mrs. Pease
responded that she had. The officers asked if they could
move the car. The car was moved. Mrs. Deason and her son
left.
Mr. Cox verified that while his mother was speaking to
her husband, Mrs. Pease did reach over and disconnect the
phone.
Mrs. Deason stated that after this happened, Mrs. Pease
refused to allow her to use the phone again, because Pairs.
Pease stated that the phone was a business phone and that
they were on city contract.
In response to direct questioning by Mr. Hebert, Mr.
Cox stated that his mother was trying to get the car from
Mr. Pease because she was responsible for the car and did
not want the car released to her ex- husband. Mr. Cox stated
that he had asked Mr. Pease what happened to the tire because
he could not remember what had happened. He was intoxicated
at the time the incident occurred. Mr. Cox emphasized that
he had simply inquired of Mr. Pease what happened to the
tire and that he had not accused Mr. Pease of damaging the
tire. He reiterated that that is when Mr. Pease used profanity
toward him. He verified that if someone had been walking
down the street, they would have been able to hear Mr.
Pease. Mr. Cox stated that while his mother was talking
with her husband, ribs. Pease had reached over and cut the
phone off. He verified that his mother had never used the
term "S.O.B." during that conversation with her husband.
Mrs. Deason had no further witnesses and Air. Hebert had
no further questions; therefore, Mayor Hutto stated that he
would consider any questions by Council.
In response to an inquiry from Councilman Simmons, Mrs.
Deason verified that after she had paid in full to get the
car, there was no effort made to allow her and her son to
get the car.
In response to an inquiry from Councilman Johnson, Mrs.
Deason verified that after she had paid the charges assessed
for towing, that she and her son had to wait anywhere from
45 minutes to one hour to take possession of the car.
Mrs. Deason verified that she had no problem with the
charges assessed by Mr. Pease when that inquiry was made by
Councilman Philips.
Upon cross - examination by Air. Hebert, Mrs. Deason
verified that she had first contacted Mr. Pease between 4
a.m. and 5 a.m. Sunday morning. She never mentioned the
fact that she was a divorcee. She was told that she could
pick up the car on Monday. She and her husband left to
travel to Lufkin and began to discuss the possibility of her ex-
husband attempting to retrieve the automobile. Between 8:45
a.m. and 9:00 a.m., Mrs. Deason stopped at a pay phone and
called Mr. Pease to request that Mr. Pease please not release
the car to anyone else because the boy's father and she were
divorced and she was legally responsible for the car. The
only individual that Mrs. Deason could recall being present
during any of the incident was a man that Mrs. Pease referred
to as Mr. Strickland. The only thing that this man could
verify would be what Mr. Pease stated while the wrecker was
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Minutes of the Special Meeting - January 12, 1982
hooked to the brown car. Airs. Deason verified that she had
not used any profanity during the entire incident. 'ors.
Deason stated that the car had sustained a blown out right
front tire and a cracked plastic grill. Mrs. Deason also
verified that her son had inquired what had happened to the
tire and that she turned and told him that the tire was
blown out before being towed in. Mr. Hebert passed the
witness.
In response to an inquiry from the Mayor, Mrs. Deason
stated that there was ample space for Mr. Pease to park the
brown car other than to park direclty in front of her son's
car.
Manuel R. Pease, owner /operator of Manuel H. Pease
Enterprises Wrecker Service, 401 S. Main, Baytown, Texas,
stated that he desired that justice be done and for that
reason he had gone to a great amount of expense and time to
appear before City Council. Mr. Pease stated that in 1951
he came to Baytown. Since that time he had built a reputable
business. Mr. Pease stated that he did not feel that a
person could build a reputable business by treating customers
in the manner which he had been accused. He stated that he
had been called out Sunday morning by the Baytown Police
Department to pick up a car. Early Sunday morning he received
a call from a woman who said she was Mrs. Deason. She said
she was a divorcee and that she was trying to locate the
car. Mr. Pease informed Mrs. Deason that the car had a flat
tire, that it had been wrecked and that he felt the car was
not driveable. Mrs. Deason was told that she could get the
car Monday morning. Mr. Pease went back to sleep and later
in the morning he received another call from Mrs. Deason who
stated that she had been told by her husband that he was a
"S.O.B." She also stated that she had signed papers on the
car and that she would rather that he not release the car to
her son unless she was present. Mr. Pease informed Airs.
Deason that he would tell her son what she said, but if he
wanted the car there would be no way that he could keep him
from taking the car.
Air. Pease stated that on weekends he usually goes to
his shop to work on things that he enjoys when there are no
interruptions from the public. That particular Sunday
morning two men drove up. Mr. Pease stated that he was
still distrubed by a woman calling to say that her ex-
husband knew him and said that he was a "S.O.B." Therefore,
he requested that the ex- husband not come into the place of
business, but allowed the boy to come in to look at the car.
The boy did not realize the tire was flat. He wanted to
pick up the car, but Mr. Pease told him about the call from
his mother. The man who had introduced himself as the boy's
father advised the boy to leave. Later in the day, the boy
called to request that the car be released when Airs. Pease
informed him that the car would be released if his mother
would come in with him. The boy said he would get his
mother and come down to pick the car up. Mrs. Pease waited
for four hours but no one showed up.
Around 7:30 p.m. Sunday night, Mr. Pease received a
call from Francis Porter,. Assistant Principal of Cedar Bayou
Jr. School, to pick up his car (a brown chevrolet). Mr.
Pease picked up the car and dropped the car in front of the
Cox car with the thought he could work on the car next
morning. This was the most convenient place to drop the
car. In the morning Air. Pease was working on the automobile
and decided to put an extra battery on the car with cables.
Mr. Pease was at his desk when Mrs. Deason and her son
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Minutes of the Special Meeting - January 12, 1982
walked in. After his conversation with Pars. Deason on
Sunday morning, Mr. Pease did not wish to be in the shop
with Mrs. Deason alone; therefore, while Mrs. Deason was
walking up, Mr. Pease called Mrs. Pease to come to the shop.
Mrs. Pease came to the shop and stood in the background.
Mrs. Deason said she would like to pick up the car.
Mr. Pease said that would be fine, the charge would be
$53.00. Mrs. Deason indicated that she had no money. Mr.
Pease responded that any dummy would know to have money in
order to pick up an automobile. Mr. Pease emphasized that
he did not say anything other than that to airs. Deason and
the reason he did was due to his being perturbed by their
earlier conversation.
Mr. Pease stated that Mr. Cox jumped from a chair and
wanted to know why Nor. Pease had punched a hole in his tire.
Mr. Pease indicated that he had informed Mr. Cox that if he
would look at the tire, he could see that that was not the
case.
In the meanwhile, Mr. Pease received a police dispatch
to remove a traffic hazard. When Mr. Pease started to
leave, Mrs. Deason's car was pulled into the gate which
obstructed Mr. Pease's departure. Mr. Pease explained that
Mrs. Deason would need to move her automobile in order that
he could get out to go on the dispatch. Mr. Cox volunteered
to move the car and did. However, Mrs. Deason indicated
that she didn't see any reason that she needed to move the
car.
Mr. Pease went to the dispatched location (Garth Road)
and on his way back, he stopped at Jim Ball International to
pick up parts for a dozier he was working on. On his monitor,
Mr. Pease learned of a disturbance at his business on South
Main. Therefore, he called his business and inquired of
Mrs. Pease what was happening. Mrs. Pease responded that
she really didn't know. She and Mr. Strickland were standing
there talking when the police arrived. Mr. Pease called the
police department to determine the problem and was informed
that a disturbance call had been received.
When Mr. Pease got back to his place of business, the
police had been there and moved the brown car. The brown
car which had been referred to belongs to fir. Portis. That
car was pulled in Sunday night and dropped. It had not been
moved until the policemen moved it.
Mr. Pease stated that by treating the public in a
satisfactory manner, he was able to earn enough money to
establish his own business. He has been in business on
South Main since 1962 and during that period, he and his
wife have been mainly responsible for servicing customers.
In those years, he and his wife have encountered many different
circumstances and have learned that it is best to conduct
business on a cash basis. Also, in many cases, the wrecker
owner /operator must deal with individuals who are not the
registered owner of the wrecked vehicle which causes problems.
Mr. Pease stated that he felt as though he had been
very badly wronged and this was the reason for his appearance
before Council. He stated that he has never taken vacation
in the thirty (30) years that he has been in Baytown and the
four times that he has been absent from his business were
times when he was hospitalized. Mr. Pease ended his statements
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Minutes of the Special Meeting - January 12, 1982
by emphasizing that the citizens of Baytown come first and
foremost.
Mr. Pease's attorney had no questions, but Mrs. Deason
did have some rebuttable questions. She inquired of Pair.
Pease what had given him the idea that she might not pay the
bill? Mr. Pease responded because she had said that she
didn't have any money.
Mrs. Deason stated that she had not stated that she had
no money. She had stated that she had no "cash" money with
her. Mayor Hutto instructed Mrs. Deason to only ask questions
of Mr. Pease at this point. She would be allowed time to
rebut any statements later.
Councilman Fuller inquired of Mr. Pease if he had used
any of the derogatory remarks of which he had been accused?
Mr. Pease responded that he had referred to Mr. Cox by
using the work "mother," and this was the extent of the
derogatory remarks which he had made.
Councilman Johnson inquired if Mr. Pease ever accepts
checks for payment of charges. Mr. Pease stated that he has
regular customers and he will accept checks from those
customers.
Councilman Johnson explained that he really wanted to
know if Per. Pease ever accepted checks from individuals who
he had not conducted business with, but whose vehicle had
been towed by Mr. Pease for the very first time. Pair. Pease
stated that there have been times when he did accept checks
from first -time customers. The reason he refused to accept
a check in this case was due to the derogatory remarks which
were made on the telephone.
In response to another inquiry from Councilman Johnson
Mr. Pease stated that he has a telephone beeper which notifies
him to call the shop.
Councilman Johnson explained that the reason he was
inquiring was due to the fact that he too would be upset if
he had to wait 45 minutes to an hour in order to get his
vehicle once charges had been paid. Councilman Johnson
stated that everyone needed to bear in mind that persons who
are picking up these vehicles have been through a pretty
traumatic experience whether any of the other had actually
taken place. After the charges were paid the customer had
the right to expect the vehicle to be delivered. Councilman
Johnson indicated that it would have been very simple for
Mrs. Pease to call the beeper number and have Air. Pease call
her to move the car blocking the Cox vehicle.
Mr. Pease responded that the lady and her son came down
after the auto without money. She had left her son to
change the tire. The son when he was in the day before had
locked the car keys in the automobile. Therefore, he had no
keys to the car when he went to change the tire. Mr. Pease
furnished Mr. Cox a coat hanger to unlock the car. After
that, Mr. Pease received a call from police dispatch. Pair.
Pease left the premises to pick up the vehicle that he had
been dispatched to move but prior to that he had been working
on the brown Chevrolet. The reason firs. Pease would not
allow the car to be moved was fear that that vehicle would
be damaged.
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Minutes of the Special Meeting - January 12, 1982
Mr. Pease stated that if the boy had had the money on
Sunday and if Mrs. Deason had not insisted that she be
present when the car was released, or if Mrs. Deason would
have had the money to pay charges when she first arrived,
there would have been no problem.
Councilman Philips inquired if Mr. Pease had indicated
to Mrs. Deason that she would have to have cash to pick the
vehicle up or what the bill would be.
Mr. Pease responded that he had been awakened very
early Sunday morning and had not informed Mrs. Deason of the
amount of the bill or that she would need cash to retrieve
the vehicle.
At this point due to a reference by Mr. Pease that the
term "divorcee" had been used by Mrs. Deason, Mayor Hutto
ruled that the fact that Mrs. Deason may have said she was a
divorcee would not be considered germain to the case.
Councilman Philips explained to Mr. Pease that what he
was attempting to establish by his question was what is Mr.
Pease normal business practice? What does Mr. Pease tell
people?
Mr. Pease responded that in the wrecker business there
are various types of individuals that one must deal with and
it was difficult to determine which ones would write bad
checks. He also mentioned that when one operates a business
with the aid of one's wife, there is little time, not to
mention expense, to go to court to collect on bad checks.
In response to an inquiry from Councilman Philips, Per.
Pease explained that there are three copies of the wrecker
ticket. The owner or operator of the vehicle receives a
copy, one copy goes to the police officer for the police
department's records and one copy goes to the wrecker
owner /operator.
Councilman Johnson pointed out that as part of Per.
Pease's business, he should expect to receive calls at
various times due to the fact that he is dispatched at odd
hours to haul. This should be the norm rather than the
unusual.
Mr. Pease stated that he was not unduly disturbed by
Mrs. Deason calling between 4 and 5 a.m. on Sunday. In
fact, Mrs. Deason had so testified. Mr. Pease became upset
when Mrs. Deason called again at 8:00 a.m.
Councilman Johnson stated that surely Mr. Pease could
understand why Mrs. Deason would be concerned enough to call
again since the car was in her name.
Mr. Pease responded that the car was not in Mrs. Deason's
name. The note for the car had been signed by Mrs. Deason.
Mayor Hutto did not dispute Mr. Pease's right to establish
a policy that he would not accept checks or to accept checks
from certain parties and refuse to accept from others, but
Mayor Hutto did question whether Mr. Pease had referred to
Mrs. Deason in the manner indicated by the complaint.
Mr. Pease stated that that statement was not an accurate
statement. Mr. Pease also stated in response to a direct
question from mayor Hutto that he had not called Mr. Cox a
sorry "M.F." He had begun to use that term, but checked
himself and apologized.
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Minutes of the Special Meeting - January 12, 1982
In response to an inquiry from Councilman Fuller regarding
?fir. Pease's policy on the release of autos on Sunday, ter.
Pease stated that from time to time he had released cars on
Sunday. Mrs. Deason had not requested that the car be
released Sunday. She had inquired if the car was driveable
and Mr. Pease had informed her that it was not driveable.
Mr. Pease explained that he had to be very careful what he
allowed people to do at his place of business as far as
repair work is concerned because he has no employees and
carries no insurance to cover that circumstance. Mr. Pease
pointed out that it was only as a matter of courtesy that he
had held the car for Mrs. Deason to pick up on Monday. He
could have released the car to the boy and his father on
Sunday.
Councilman Simmons inquired if it was Mr. Pease's
standard operating procedure to be always mindful that
operating under a wrecker license, granted by a wrecker
committee duly constituted by City Council, that Mr. Pease
is a quasi or semi - public employee and that Mr. Pease's
actions represent the city's government with its citizens.
He inquired if Mr. Pease was aware that he not only represented
Manuel Pease Enterprises, but that he represented the City
of Baytown. Councilman Simmons inquired if Mr. Pease took
all this into account when dealing with customers.
Mr. Pease responded that he knew of no one who from
time to time did not become upset in their dealings with
others and if he had made a mistake, it was a human mistake
and nothing that was done on purpose.
Councilman Simmons inquired if perhaps Mr. Pease had
one policy or manner of treating the white collar citizens
versus someone who may not meet that particular image.
Mr. Pease stated that he always attempted to take care
of the public. He stated that the public and the City of
Baytown come first with him. He admitted that there are
times perhaps when he feels out of sorts and might cut
someone short. However, he pointed out that his business
was built on being nice to his customers. In fact, he
mentioned that he has developed generations of customers.
Mr. Jim Strickland testified that he had been at the
Peases' place of business on the day in question but he had
not seen Mrs. Deason. He also stated that he owned a pickup
not a brown automobile.
Steve Hebert, Mr. Pease's attorney, reviewed the point
made at the beginning of the proceedings concerning the
charge of disorderly conduct. The wording of the charge
tracks the
108 of the penal code gives only the State of Texas the
right to proceed against any offense described in the penal
code. If Mr. Pease is guilty of a criminal offense, it
would be proper to resolve such in a court of competent
jurisdiction. This is not to say that Council does not have
other areas of jurisdiction. Mr. Hebert requested that if
Council intended to proceed with the disorderly conduct
charge, he would like for the burden of proof to be beyond a
reasonable doubt since this is what would be required in a
court of competent jurisdiction. This is based on the fact
that Mr. Pease has been charged with a criminal offense not
a civil offense.
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Minutes of the Special Meeting - January 12, 1982
�4r. Hebert also pointed out that apparently there was
a lot of short temperedness and Council would have to make a
decision as to whom to believe. If Council believes that
Mr. Pease is guilty of what he has been accused then Council
would have to act accordingly. However, Council should bear
in mind that in dealing with people on occasion one can be
short tempered. Mr. Pease depends on the license for his
livelihood which is his only livelihood. Mr. Hebert requested
that Council bear in mind that in law there is such a thing
as justification. Whether or not Mr. Pease was justified
for any of his actions should be considered. If Mr. Cox
accused Mr. Pease of damaging his car intentionally, the
normal response would be one of indignation, but since Mr.
Pease represents the city, he is probably held to a higher
accounting. Mr. Hebert pointed out Mr. Pease's long years
of service to the City of Baytown and indicated that for Tyr.
Pease to conduct himself as has been indicated to jeopardize
his livelihood is difficult to understand.
Councilman Cannon stated that one thing that was not
covered is that Mrs. Pease reached over and disconnected the
telephone while Mrs. Deason was using the phone. Mrs. Pease
is an intricate part of the business and that is not conduct
becoming a license holder.
Mayor Hutto informed Council again that the findings of
Council would be based on those of a civil proceeding which
is a preponderance of the evidence.
Mayor Hutto explained that everyone present desiring to
present evidence had had an opportunity to do so. From that
evidence it would be up to Council to determine whether the
suspension imposed by the wrecker committee should or should
not be upheld. Council also has the right to make and
deliberate an entirely different result. Council could
believe as much or as little of the testimony that was given
as they wished. Mayor Hutto stated that if there were no
further questions, he would ask Council to deliberate and
make a finding in the case.
Councilman Fuller moved that the suspension dictated or
indicated by the wrecker committee be upheld; Councilman
Johnson seconded the motion.
Councilman Philips stated that the licensing procedure
provides protection for the license holder, as well as the
citizen and should operate to provide reliable, satisfactory
service to the public. He felt that Council's decision
should so reflect.
Councilman Johnson concurred with Councilman Philips in
that he stated that one must earn the right to be a license
holder for the city and continue to earn that right. He
also mentioned that Council had a duty to take into account
the deliberation made by the Auto Wrecker Committee.
Councilman Cannon stated that he would vote in favor of
the motion based on business practices. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
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Minutes of the Special Meeting - January 12, 1982
Recess
Council recessed into executive session to consider
contemplated litigation. When the open meeting reconvened,
Mayor Hutto announced that no business had been transacted.
Ad j ourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk