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1 <br />COUNCIL WORK SESSION OCTOBER 22, 1990 <br />would have to find some factual basis to sustain their <br />action. Another disadvantage is that there would be little <br />right to appeal if Mr. Ross decided to enforce the <br />Administrative Law Judge's recommendation. <br />Council Member Reinert asked who are Administrative Law <br />Judges. Mr. Hawkins explained and noted that they are used <br />by many municipalities. Council Member Reinert asked if <br />they may look at this case lightly and possibly turn -the <br />.mattes over to legal assistants. Mr. Hawkins said no and <br />explained that each Administrative Law Judges prepares his <br />own recommendation. <br />Council Member Kuether asked if the Administrative Law Judge <br />recommends that the Council decision be overturned, does <br />Officer Ross still have the lawful right to sue the City? <br />Mr. Hawkins said yes, the only thing this action will do is <br />provide a more efficient forum. Council Member Kuether asked <br />if the Council can ask Officer Ross to abide by the <br />Administrative Law Judges decision if the Council agrees to <br />abide by the decision. Mr. Hawkins said the Council can ask <br />however, there is no way to compel him to abide by the <br />decision and not sue the City. <br />Council Member Reinert said this method appears to have the <br />City paying for the costs for Officer Ross to challenge the <br />City. <br />Mayor Bisel said that the City is between a rock and a hard <br />place. It will cost the City whether an Administrative Law <br />Judge is hired or not. <br />Council Member Neal asked if the lawsuit filed today by Mrs. <br />Doriott is against the City or the City and Officer Ross. <br />Mr. Schumacher explained that Mrs. Doriott claims that she <br />had to resign to avoid continued harassment. Mr. Hawkins <br />explained that her allegations are very serious and there is <br />potential for large damages if the court and Department of <br />Human Rights find there was any basis to her allegations. <br />The Department of Human Rights have found probable cause. <br />After further discussion Council Member Reinert moved to <br />approve the recommendation of Mr. Hawkins and retain the <br />services of an Administrative Law Judge for the purpose of <br />conducting a hearing. Council Member Bohjanen seconded the <br />motion. Motion carried unanimously. <br />Council Member Neal said he felt that the Council had already <br />heard the matter and that the Council should seek the <br />recommendation of an Administrative Law Judge based on his <br />review of the facts and the City Ordinance. Council Member <br />Kuether asked if the Council could provide further <br />information received since the first hearing to the <br />Administrative Law Judge. Mr. Hawkins said anything the City <br />PAGE 2 <br />s 3 <br />