Transcription of Nuesse civil service hearing pertaining to the parking ticket:
Bailey: Who owned the car you were driving?
Nuesse: The city of Sandusky Police Department.
Bailey: Was it a marked car or unmarked car?
Nuesse: It was an unmarked police car.
Bailey: Did you offer to pay the ticket?
Nuesse: Yes I did.
Bailey: Who did you tell that you would pay the ticket?
Nuesse: I asked Captain Frankowski where the ticket - where I should pay the ticket.
Bailey: And what was his response?
Nuesse: His response was, "Chief you shouldn't pay the ticket. You're not in violation."
Bailey: Did you speak with City Manager Mike Will about it?
Nuesse: Yes, I did.
Bailey: Why did you talk to him?
Nuesse: Captain Frankowski had spoken to Judge O'Brien, and had learned that the ticket had not made it over to the court side of the house, so it was still in the purview of the police department. He told Captain Frankowski that if it was our paperwork, it was ours to deal with. In other words, it was not in the court yet otherwise they would have to take action. And I spoke with Mike Will and informed him of that. He agreed to have Captain Frankowski void the ticket.
Bailey: Did you ask Mike Will to have Frankowski void the ticket?
Nuesse: No. I just relayed the conversation.
Bailey: And so then...Mike Will told Frankowski to void the [trailing off]
Nuesse: Nobody told Frankowski to void it. [Nuesse repeats above]
Bailey: Did you speak with the city law director?
Nuesse: Yes I did. I wanted to find out if there was anything more that needed to be done with it as far as record keeping. I told him that at prior departments I had worked at if a ticket was voided there was normally some kind of explanation attached with it along with the supervisor's signature so that it could be accounted for in case of an audit. Because most tickets are issued in numerical sequence...and I was not given any other direction on what to do with it.
Bailey: What did the city law director tell you?
City Attorney: Objection.
Judge: Sustained.
Bailey: Your honor, I don't think that there is an attorney/client privlege during a time when someone is a defendent [inaudible]
[inaudible] sustained.
Bailey: Did you speak with Judge O'Brien?
Nuesse: Yes.
Bailey: Why did you speak with him?
Nuesse: I wantd to make sure that I had the information directly from him that had been given to Captain Frankowski. He reiterated the same information to me.
Bailey: what was eventually done with the ticket itself?
Nuesse: Gary Frankowski voided the ticket. Didn't dismiss it. It was voided. He attached an explanation to the ticket that he felt was in keeping with the policy and procedure and he signed his name to it. He had Mary Ann [spelling?] create a file since most of the police department files were kept in her office for accesibility, had her create a file for it so that it could be accounted for in case of an audit or in case it was questioned.
Bailey: How many times did you offer to pay the ticket?
Nuesse: At least three times.
Bailey: And who did you make those offers to?
Nuesse: I offered it to the judge. I offered to pay it twice when I was with Captain Frankowski...
