10/22/1990 Council Minutes - Laserfiche WebLink

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052 COUNCIL WORK SESSION OCTOBER 22, 1990 A work session of the Lino Lakes City Council was called to order by Mayor Bisel, Monday, October 22, 1990 at 6 :10 P.M. Council Members present: Neal, Kuether, Reinert and Bohjanen. Council Members absent: none. City Attorney, Bill Hawkins; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. The purpose of the work session was to prepare an employee disciplinary procedure as it relates to Officer Cliff Ross. Mr. Schumacher explained that Officer Cliff Ross has hired an attorney and has requested that the appeal process in the Personnel Policy be followed. Normally this would require a hearing before the City Council. Mr. Schumacher explained that he has discussed this matter with Mr. Hawkins and he has suggested another method of handling Officer Ross' request. Mr. Hawkins explained that the Council has already reviewed this matter and made the determination that there should be a demotion. Mr. Hawkins said he would like to make a proposal to the Council on the manner of conducting the hearing. In order to possibly avoid future litigation, and to now have another hearing in front of the Council, the body who has already made that decision is probably not going to result in Mr. Ross and his attorney feeling that they had have due process. Mr. Hawkins suggested a procedure that has been used by many other municipalities whereby the City hires an individual from the Administrative Law Judge office to conduct the hearing, gather information and recommend a plan of action for the Council. These individuals are trained to hear cases, make findings and evidentuary rulings. This provides a neutral forum for Officer Ross to present his case. It provides the City with an individual who is trained in the law and can make evidentiary rulings and avoids attornys arguing over what is admissible and what is not admissible. Another advantage is that the overall cost to the City is reduced. Mr. Hawkins stated that if the Council conducts the hearing and upholds the demotion, it is likely that Officer Ross will file a legal action against the City and the matter will be brought to district court. The expense of this action will be substantially greater. The disadvantages are that the immediate costs are higher. It could cost $500.00 to $700.00 to review the information, hold the hearing and present a written recommendation. However, he felt the overall cost in the event the matter is taken to district court would be substantially greater. The second disadvantage is that the Council would be delegating its authority to someone else to make a recommendation. If the recommendation coming from the Administrative Law Judge sustains the Council action then the Council can feel confident in their decision. If the Administrative Law Judge recommendation comes back in favor of Officer Ross, the Council does not have to accept that recommendation. However, it make it difficult for the Council and the Council PAGE 1 1