HomeMy WebLinkAboutResolution 5701b (Hammerschmidt Termination)
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CITY OF l\'IOU~DS VIE''''
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2001-5701
RESOLUTION TERMINATING THE EMPLOYMENT AGREEEl\1ENT
AND THE EMPLOYMENT OF JOH~ HAMMERSCHMIDT
FROM THE CITY OF l\:IOUNDS VIEW
WHEREAS, the City Clerk-Administrator for the City of Mounds View (the "City") has
the authority under the City's Personnel Manual to terminate employees of the City subjcet to the
concurrence by the City Council (the "Council"); and
WHEREAS, the City Clerk-Administrator has recommcnded that it is in the best interest
of thc City that the Employment Agreement and the employment of John Hammerschmidt (the
"Employee") be tCl1l1inated, and
WHEREAS, the City Clerk-Administrator's recommendation is based on issues concerning
the non-compliance by the Employec with the Employment Agreement, the allegations set [01th in
the May 30, 2001, suspension letter provided to the Employee, as well as a summary
recommendation of the City Clerk-Administrator; and
WHEREAS, the Council is aware of certain perfoll11ance issues relating to the Employee
based on prior actions reviewed and/or taken by the Council, the summary recommendation of
the City Clerk-Administrator and the supporting documentation related thereto; and
WHEREAS, the Council also relics on the professional expertise and opinion of the City
Clerk-Administrator obtained during the administration of the City's business concerning the
quality and completeness of Employee's work; and
WHEREAS, the Employee has been advised of the allegations against the Employee; and
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WHEREAS, the Employcc did take the opportunity to utilizc his due process right in
addressing thc Council in rcsponse to the May 30, 20C)] , suspension lctter and the
recommendation memorandum ol'thc City Clcrk-Administrator; and
WHEREAS, the Employec has brcached his Employmcnt Agreement with the City.
NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are
incorporated herein to this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council of the City
of :\10unds View tenninatcs the Employment Agreement ofthc Employce effective thirty (30) days
[rom the date of this Resolution.
NOW, THEREFORE, BE iT RESOLVED THAT the brcach of the Employment
Agreement is not curable due to the recognized lack of confidence and tmst by the Council in the
Employee.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT thc City Council directs City
stall to provide an appropriate Notice of Tel111ination of the Employment Agreement to the
Employee effective thiliy (30) days from the date of this Resolution.
Adopted this 6lh day of June, 2001.
ATTEST:
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Kathlec~. Miller, City ~lerk-Administrator
The motion for the adoption of the foregoing resolution was duly seconded by member Thomas and
upon vote being taken thereon. the following voted in favor thereof: Quick, Thomas, Stigney,
Sonterre; and the following voted against same: Marty.
Whereupon said resolution was declared duly passed and adopted.
Motion: Quick
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Second: Thomas
Sonterre: Aye
Quick: .:\ ve
Sligney: Aye
Marly: Nay
Thomas: Aye
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