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<br />01/24/2003 FRI 16:48 FAX 6512278428 Hughes and Costello <br /> <br />~ 002/004 <br /> <br />HUGHES & COSTELLO <br />Attorneys at Law <br />1230 Landmark Towers <br />345 St. Peter Street <br />Sl. Paul, Minnesota 5S 102-1216 <br />Telephone: (651) 227-8427 <br />Fax: (651) 227-8428 <br />Voice Mail: (651) 268-3206 <br /> <br />MEMORANDUM <br /> <br />VIA FACSIMILE, 651-490-2270, AND U.S. POST <br /> <br />TO: <br /> <br />Carol Sletner, Chief of Police <br />City of Roseville <br />2666 Civic Center Drive <br />Roseville, Minnesota 55110 <br /> <br />FROM: <br /> <br />Martin J. Costello <br /> <br />DATE: <br /> <br />January 24, 2003 <br />Conflict Matter, RPD Case No. 02-15030 <br /> <br />RE: <br /> <br />The above-referenced matter was referred to our office for charging <br />consideration, due to a conflict from the Roseville City Attorney. The alleged <br />incident occurred during a meeting of the Roseville City Council on September <br />23, 2002. Based on our review of this matter, insufficient evidence exists to <br />prosecute any person for any criminal violation arising from this incident. <br /> <br />On September 23, 2002, Joseph Machyowsky and Georgiana Sobola were <br />attending a meeting of the Roseville City Council at Roseville City Hall, at 2660 <br />Civic Center Drive. During that meeting, Machyowsky held up a sign stating, <br />"grandstanding and delaying proceedings as usual." Machyowsky reported that <br />Sabala "grabbed" the sign from him, returned to her seat, and placed the sign <br />next to her. Machyowsky located a Roseville police officer and filed a report of <br />an assault against Sabala. On October 1, 2002, Sobola provided the Roseville <br />Police with a written statement, wherein she stated that Machyowsky frequently <br />brings and displays signs at City Council meetings, which contain messages she <br />considers ((offensive, derogatory and provocative." She reported further that, on <br />September 23, 2002, Machyowsky sat in the front row of the gallery, in front of <br />Sobola. She claims that Machyowsky took out the sign, and displayed it <br />"prominently" to the City Council and the audience. Sobola admitted getting up, <br />taking the sign, and setting it down in the row behind him. <br /> <br />1 <br />