11/25/1996 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES NOVEMBER 25, 1996 the Charter states that only the Mayor and two Council Members can order an investigation. In this case the City Attorney and one Council Member decided. Council Member Neal indicated his approval of the balance of the disbursements contained in the list of disbursements recommended for approval. Council Member Bergeson suggested that the above item be removed from the complete list of disbursements recommended for approval. Council Member Bergeson stated that he believes the resulting report is incomplete. Council Member Neal asked about additional charges due for this item. Mayor Landers verified that the current bill is not final. Mr. Hawkins explained that the Mayor and two Council Members are not required by the Charter to approve the ordering of such an investigation. He added that based upon his determination that probable cause existed for an investigation, he obtained a referral of an attorney qualified to conduct such an investigation and report to Mr. Hawkins whether or not additional information could be obtained. This individual reported that there was a complaint which extended beyond the City employee to Council members. Based upon that information, Mr. Hawkins reported same to the City Administrator. After the investigation was underway, he Hawkins notified Mayor Landers and Council met with the investigator to review preliminary reports. Mr. Hawkins stated that the investigation was necessary and that the bill is valid and should be paid. He also added there was an obligation on the part of the City to conduct such an investigation. Council Member Bergeson stated that the investigator was to perform a two-part function: There was to be a workplace investigation, as well as suggested options for. Council action based upon the report. In Council Member Bergeson's opinion, the report as it exists is incomplete until the investigator's suggested options are presented to Council in writing. Council Member Bergeson agrees that it is not appropriate to pay the investigator's charges until the entire assignment has been completed. Council Member Bergeson moved that the proposed payment to Leonard, Street and Deihnart of $12,437.19 be tabled for further discussion, and that the remainder of the disbursements be approved. Mayor Landers agreed that the report is incomplete. Mr. Hawkins asked if the investigator's reference to "approaches to remedial action" was the information now being requested to complete this assignment. Council Member Bergeson responded yes, adding that with regard to personnel matters, complete data in writing should be provided. Council Member Neal seconded the motion. Motion carried unanimously. 12