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Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Patrick 4. Sweeney <br />Mark R. Azman <br />Sweeney, Borer & Ostrow <br />ProfessionalArsodanw>a <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />June 1, 1995 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />VIA FACSIMILE <br />. Re: "At Will" Employment <br />Our File No. 8132 <br />Dear Joel: <br />Telephone <br />(612) 222 -2541 <br />Facsimile <br />(612) 223 -5289 <br />As we have discussed, if the City anticipates the <br />establishment an "at will" employment with future department <br />heads, a statement similar to that in our letter of April 4, <br />1995, a copy of which is enclosed, should be signed by such <br />employees prior to commencement of their employment with the <br />City. To be consistent with the concept of "at will" employment, <br />the future department heads should be specifically exempted from <br />the provisions of the Handbook. To clarify any possible <br />misunderstanding of the exemption, it is our recommendation that <br />any reference to department heads should also be removed from the <br />proposed Handbook. Failure to remove this language could leave <br />such employees with an argument that the Handbook applies to <br />their position, and, therefore, they would not be "at will" <br />employees. <br />Would you please contact me after you have had the <br />opportunity to review the enclosed. I would anticipate being <br />available at any time to discuss this matter at a workshop or <br />otherwise. <br />TMS:skd <br />Enclosure <br />Very truly yours, <br />SWEENEY, BORER & OSTROW <br />r <br />Tomas M. Sweeney <br />Page 33 <br />