HomeMy WebLinkAbout10/22/1990 Council Minutes052
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
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COUNCIL WORK SESSION OCTOBER 22, 1990
would have to find some factual basis to sustain their
action. Another disadvantage is that there would be little
right to appeal if Mr. Ross decided to enforce the
Administrative Law Judge's recommendation.
Council Member Reinert asked who are Administrative Law
Judges. Mr. Hawkins explained and noted that they are used
by many municipalities. Council Member Reinert asked if
they may look at this case lightly and possibly turn -the
.mattes over to legal assistants. Mr. Hawkins said no and
explained that each Administrative Law Judges prepares his
own recommendation.
Council Member Kuether asked if the Administrative Law Judge
recommends that the Council decision be overturned, does
Officer Ross still have the lawful right to sue the City?
Mr. Hawkins said yes, the only thing this action will do is
provide a more efficient forum. Council Member Kuether asked
if the Council can ask Officer Ross to abide by the
Administrative Law Judges decision if the Council agrees to
abide by the decision. Mr. Hawkins said the Council can ask
however, there is no way to compel him to abide by the
decision and not sue the City.
Council Member Reinert said this method appears to have the
City paying for the costs for Officer Ross to challenge the
City.
Mayor Bisel said that the City is between a rock and a hard
place. It will cost the City whether an Administrative Law
Judge is hired or not.
Council Member Neal asked if the lawsuit filed today by Mrs.
Doriott is against the City or the City and Officer Ross.
Mr. Schumacher explained that Mrs. Doriott claims that she
had to resign to avoid continued harassment. Mr. Hawkins
explained that her allegations are very serious and there is
potential for large damages if the court and Department of
Human Rights find there was any basis to her allegations.
The Department of Human Rights have found probable cause.
After further discussion Council Member Reinert moved to
approve the recommendation of Mr. Hawkins and retain the
services of an Administrative Law Judge for the purpose of
conducting a hearing. Council Member Bohjanen seconded the
motion. Motion carried unanimously.
Council Member Neal said he felt that the Council had already
heard the matter and that the Council should seek the
recommendation of an Administrative Law Judge based on his
review of the facts and the City Ordinance. Council Member
Kuether asked if the Council could provide further
information received since the first hearing to the
Administrative Law Judge. Mr. Hawkins said anything the City
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COUNCIL WORK SESSION OCTOBER 22, 1990
feels is relevant can be forwarded to the Law Judge including
a copy of the lawsuit filed with the City today.
Council Member Reinert moved to adjourn at 7:37 P.M. Council
Member Kuether seconded the motion. Aye.
These minutes were consider, corrected and approved at the
regular meeting of the City Council on November 12, 1990.
l • / Air
Mdriiyn;,•G. Anderson, Harbl. L. Bisel,./
Clerk - Treasurer
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