02-10-92 Council Special Minutes

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MINUTES CITY COUNCIL FEBRUARY 10, 1992 The City Attorney replied that the Council would have to make that decision, but it could result in a situation where the City may get sued. LaValle asked if the Council adopts this policy now and in a year or two an employee is offered the Fire Chief's position, could the City give an employee an exemption to the policy and allow he or she to serve as Chief. The City Attorney reported that a change in poliay would apply to every employee. Steve Morelan asked if it were legal to put a condition on employment at this point, keeping in mind that the Fire Department is a separate organization. The City Attorney replied that it was his opinion that it was within the power of the employer. Steve Morelan asked if there was any case history to support that opinion. The City Attorney replied that he assumed there was, but he has not researched it. The Attorney felt that at this point the Council must decide whether or not this was a condition of employment. If it is, the Attorney suggested that it be clarified in the minutes. LaValle felt it important to everyone to clarify the matter now so that it does not become a problem later on. Scalze asked the process of making the clarification, whether through a correction to the minutes or adoption of the dual department head status policy. The City Attorney suggested that the Council clarify the employment offer at this time, and at Wednesday's regular Council meeting correct the draft copy of the January 27th minutes. Jim Morelan stated that he was offered the full-time Parks & Recreation Director position by the City Administrator who stated that the condition of employment was that he satisfactorily pass a physical. Morelan stated that he accepted the position on that basis, noting that the dual department head status policy was not a part of that offer. Steve Morelan asked how a City-funded organization is Page 15