Agenda Packets - 2009/12/14 - Laserfiche WebLink

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Mounds View City Council November 9, 2009 Regular Meeting Page 5 1 Assistant Clerk-Administrator Crane presented the recommendation of the City Attorney to pay 2 Kenneth Koss, who had resigned effective October 26, 2009, for vacation time payout totaling 3 $414.41 and compensatory time payout totaling $15.52 for a total of $429.93, in accordance with 4 the LELS Police Officers Union Contract. 5 6 Council Member Hull stated this recommendation is according to the Police Officers Union 7 Contract. Assistant Clerk-Administrator Crane stated that is correct. 8 9 Council Member Stigney thanked Assistant Clerk-Administrator Crane for research and answers 10 to his questions that he had before to the meeting. He read language from the Police Officers 11 Union Contract indicating: “Upon separation from employment with the City, employees with 12 less than 20 years of service, and leaving in good standing, will receive a lump sum taxable 13 severance compensation for all accrued vacation and compensatory time.” He asked for the 14 definition of “good standing” and why it applied in this case since the officer resigned during the 15 probationary period and, in his opinion, was not in good standing. 16 17 Clerk-Administrator Ericson explained it is a matter of interpretation and potential for a 18 challenge. He stated the Council can argue the definition of “good standing” but based on all of 19 the facts, the City Attorney found it made more sense to follow the Union Contract language and 20 not make a determination this would constitute “not in good standing.” He stated that Council 21 Member Stigney raises a valid point; however, it would cost the City significantly more than 22 $429 if this matter is challenged and goes to court. 23 24 Council Member Stigney stated “good standing” means everything is “a-okay” and the officer is 25 doing satisfactory work in his job. He noted the City uses two rankings, “satisfactory” and “not 26 satisfactory.” Council Member Stigney stated he understands that it could cost the City more if 27 challenged and asked if the City is addressing this issue (resignation during probationary period) 28 during contract negotiations. He expressed concern with setting precedence in making payment 29 when an employee is not in good standing by not completing the probationary period. Clerk-30 Administrator Ericson stated that when the 2010 and 2011 contract is negotiated with the Police 31 Union, staff will see if that language can be incorporated into the contract renewal. 32 33 Council Member Mueller stated she does not want to jump to any conclusions and if the reasons 34 for the resignation cannot be stated, it is still not right to assume the employee did not leave in 35 good standing. 36 37 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7521, 38 Approving Severance for Police Officer Kenneth Koss. 39 40 Council Member Stigney asked the record to show that “good standing,” as being applied in this 41 case, may be ambiguous and is being used as a potential settlement mechanism rather than 42 determining the employee’s performance. 43 44 Council Member Gunn stated she supports Council Member Mueller’s comment, noting the 45