Report out of Closed Session, City Council Meeting of August 04, 2015 re Appointment of New City Manager

From the Report out of Closed Session, City Council Meeting of August 04, 2015

This is a Transcription from the Video Online, beginning about 1:12 minutes in and is at least a 98%-99% Accurate Word for Word rendition. As of the Date of this Posting, the Video was still available on the City’s Website.

Begin Transcription

Mayor Espinoza: "Closed Session Announcements. I have, I have, ah, something from the Council to read. At the last City council meeting, we appointed Eddie Duque as City Manager with a starting date of September 30th.

Subsequent to us appointing Mr. Duque, it was brought up to our attention that he had a misdemeanor conviction in 2002 and he had filed for Chapter 13 Bankruptcy in 2004. This information was not in the background check done by the recruitment firm we hired to help us with the City manager recruitment.

This was all reported in the Merced Sun Star articles. Unfortunately, often times reporters decide not to include all the facts.

What the news articles did not include was that Mr. Duque went back to court in 2007 to address the misdemeanor conviction. In 2007, the Los Angeles County Superior Court ordered that the finding of the guilt in the 2000 action be set aside and vacated and the plea of Not Guilty be entered.

The court dismissed the complaint. The court further granted the Petition for Expungement.

We are doing our Due Diligence and have ordered a Live Scan Background Check to be done by the Police Department. We are currently waiting for results.

Given the 2000 {should be 2007? TGS} action of the court to Vacate any finding of guilt, for the misdemeanor charge, changing the plea to Not Guilty, and dismissing the claim and ordering it to be expunged, we, ah, are confident that Mr. Duque is qualified for the position and will be an excellent City manager. Thank You."

End Transcription

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