Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-07-17
COUNCIL DECLARES
OFFICES VACAN1
By a Seven-tO-Six Vote Street
Commissioners c. L. Dolan
and J. L. Bergeron Are Found
otHg
Guilty Of Bad Conduct and
~.
Negligence

ouncii passed resolutions Monday eus-
aiming the charges made by that body
lgainst Street Commissioners Charles l..
polan and John L. Bergeron, declaring
The two men removed from their offices
lor bad conduct and negligence. and
announcing that the offices were legally
facant. 1t Is not presumed by anyone
rho has followed the case that the mat
er will be dropped by the commissioners,
md the next few days are likely to see
additional legal matter brought into the
light, all of which are paving stones to
! hearing before the Vermont Supreme
court.
The resolutions were introduced by
Charles L. Woodbury. of ward one, and
we're seconded by c. II. Beecher OF ward
twS. A yea and nay vote was called for
Ind was taken. Those voting for the
passage of the resolutions were; Messrs
Mcbride ward one; Woodbury.. ward one
Beecher, ward two; Deyette, ward two;
Hanbridge ward five: Hall, ward six and
Patrick ward six. Those voting against
khe passage of the resolutions were
Messrs Bessette ward three; Caise, ward
shree; Bergeron, ward four; Dwyer. ward
Jour: Ladd, ward five. and Mayor jack
ton.g
Mayor jackson, after hearing the re-
ult Of the votes the resolutions as
read by City Clerk Edward B. Corley,
declared them passed. The resolution
which removed Commissioner John l..
Bergeron follows, and practically the
lame wording was used in the resolution
removing Commissioner Dolan:
Resolution relating to removal Of John
L. Bergeron as street commissioner:
CITY OF BURLINGTON.
In the Year Nineteen Hundred and
Nineteen:
WHEREAS, after charges preferred
against John L. Bergeron for removal
from his Office as street commissioner,
n appears by the original complaint and
the additional Causes for Removal from
ONCE" and after due service OF said
charges upon the dependant, who ap-
peared in person and by his attorneys
II. g. Peck, Rufus z. Brown and Vernon
A. Billiard, the City Council appeared ir
quorum and by it's attorneys. Theodore
e. Hopkins, city attorney, and Warren
r. Austin, and the defendant filed GER
tain motions. objections and protests ane
Q certain answer to said charges anc
issue was Joined and such testimony OF
!, witnesses and exhibits we're introduced
and such proceedings occurred as ap-
peared by a transcript Of verbatim note:
taken by John H. Mimms, all of which
complaints, motions, proceedings. tran
script and exhibits are hereby referred
to and made a part of this record;
AND WHEREAS, upon careful consid
GRAFTON Of all the premises and upoI
separate consideration of the charges o
bad conduct, this City Council does find
the charges Of bad conduct proved al
alleged in the original complaint;
AND WHEREAS, upon careful consid
GRAFTON Of all the premises and separat
consideration Of the charges of negli
xence. this City Council does ind tn
charges proved as alleged in; "Additiona
Causes for Removal from ONCE except
ing the charges relating to the bridg
over the Rutland railroad on Red Rock
and excepting the charge contained in
clause on page 6 thereof. that the iroI
orders were permitted by the defendan
to be SO unskillfully laid that the foo
Of said bridge sagged and broke waite
pipe running across said bridge and ex
ceptine also the charges contained in tn
last paragraph on page II and the frs
paragraph on page II thereon. whic
excepted charges are not found:
AND WHEREAS, upon careful consid
Grafton of all the premises and upo
separate consideration of the charge @
incapacity, the City Council does find tn
charge Of incapacty alleged on page
Of Additional Causes for Removal fror
Once" disproved;
AND WHEREAS. said bad conduct, s
found, seems to said council sufficier
cause for removal of said John L. Bel
Reron from his office as street commits
sioner: and said negligence. so fount
likewise seems to the City Council stuff
-cient cause for the removal Of said job
L. Bergeron from his ONCE as sire,
commissioner.
NOW. THEREFORE, RESOLVED
the City Council of the City of Bul
Nngton that the appointment Of said job
l.. Bergeron as street commissioner
the City of Burlington, be, and the san
IS hereby, rescinded and that he. be. an
he ia hereby. removed from said Off
for the causes found as aforesaid ar
that said office be- and the same Is her
by declared vacant.
Fhe attorneys:for the defense. at Il
opening of the hearing last night ask
leave to present a number of request
They were read by Reporter Mmms
the council and were objected to by Wa
fen II. AuStln lot tHt pTooecutioH oH u
ground that they were in the form
arguments and that the prosecution wou
also reserve the right to put In simil;
arguments II deemed wise.
Immediately following this reuue
Councilman Caise introduced a reso
tion which called for the dismissal
the charges against Commissioner Joi
l.. Bergeron, and later a similar resol
t3on applying to Comm missioner Dol;
was introduced by the same alderma
The resolution follows;
In re John l.. Bergeron,
= Street Commissioner of the City
Burlington. Hearing before CT
90 Council of said City.
rl9 Upon charges preferred by m
80 jorty OF said Council
rh. Having considered carefully 4
sclnarges as made, the testimony pr
Ayented and haing considered the Ia
kkpplicable to this case as we unde
.cstand 1t. we are of the opinion tn
the charges have not been sustain,
annd therefore IT is hereby ordered tn
the charges be dismissed
~ Dated July II. 1919.
1Ay IL, - yea and nay vote this resol
e.tion was lost by a seven to six vo
1.-The vote being exactly as given abo'
which passed the other resolution. r
resolution pertaining to the dismisl
of the charges against Commission
.sDolan met the same fate and by t
same vote. After the passage of I
resolutions sustaining the chars
against the commissioners the coun
adjourned.