HomeMy WebLinkAboutResolution 5636
.
.
.
Member Quick introduced the following resolution and moved its adoption:
RESOLUTION NO. 5636
CITY OF MOUNDS VIE\V
COUNTY OF RAMSEY
ST ATE OF MINNESOTA
RESOLUTION DENYING GRIEVANCE AND AFFIRMING TE&'\'lINATION
OF THE EMPLOYMENT AGREEMENT AND TRE EMPLOYMENT OF
JOHN HA~~'1ERSCHMIDT FROM THE CITY OF l\IOUNDS VIE\V
WHEREAS. the City Clerk-Administrator for the City of Mounds View (the "City") has
the authority under the City's Personnel Manual to tenl1inate employees of the City subject to the
concUlTence by the City Council (the "Council"); and
WHEREAS, the City Clerk-Administrator recommended that it was in the best interest of
the City that the Employment Agreement and the employment of John ] lammcrschmidt (the
"Employee") be terminated; and
WHEREAS, the City Clcrk-Administrator's recommendation was based on issues
concerning the unsatisfactory performance of the Employec, the allegations set f0l1h in the May 30,
200 I, suspension lettcr provided to the Employee, as well as a summary recommendation of the
City Clerk-J\dministrator dated June 6, 2001; and
WHEREAS, the Council \vas aware or certain pcrfonnance issues relating to the
Employee based on the summary recommendation of the City Clerk-Administrator and the
supP0l1ing documcntation related thereto; and
SJR-20-l3.-I.'\ I
\W2111..72
.
.
.
WHEREAS, the Council also relied on the professional expertise and opinion of the City
Clerk-Administrator obtained during the administration of the City's business conce1l1ing the
quality and completeness of Employee's work; and
WHEREAS, the Employee \Vas advised of the allegations against the Employee; and
WHEREAS, the Council conducted a hearing on June 6, 2001, to consider the
perJ0l111anCe of thc Employee, the summary recommendation of the City Clerk-Administrator
datcd June 6, 20CH, and the supporting documentation related thereto, and the Employee's
response to the allegations against the Employee; and
WHEREAS, the Employee did take the opp0J1unity to utilize his due process right 111
addressing thc Council in response to the May 30, 2001, suspension letter and thc June 6, 2001,
summary recommendation of the City Clerk-Administrator at the June 6, 2001, hearing; and
WHEREAS, the Employee has breached his Employmcnt Agrecment with the City; and
WHEREAS, based upon the information provided at the hearing held on June 6, 2001,
regarding the pcrformance of the Employee, including the May 30, 2001, suspension letter, the
June 6, 200 I, summary recommendation of the City Clerk-Administrator and the supporting
documentation related thereto, the oral int01l11ation provided by City staff and Council, and the
Employee's response to the allegations against the Employee, the City Council of the City of
Mounds View te1l11ina1ed the Employment Agrecment and the employment or the Employee
effective thir1y (30) days from the date of the Council's action, or July 6, 2001, pursuant to City
or Mounds Vic\\' Resolution No. 2001-5701; and
WHEREAS, the Council concluded that thc breach of the Employment Agreement with
the Employee \vas not curable due to the recognized lack of confidence and trust by the Council
in the Employee; and
S.lR-~().Lq,hl
l'\ill,i~ I()-':~
2
.
.
.
WHEREAS, additional rcview was made concerning the performance of the Employee
and the administration of the City's business; and
WHEREAS, the Employee notified the City of his desire to grieve the termination of his
Employment Agreement and employment with the City, pursuant to Scction ] .20 of the City of
Mounds View Personnel Manual ("Manual"); and
WHEREAS, pursuant to the Council's direction, an independent review was perJormed
concemmg vanous aspects related to the perf0lll1anCe of the Employee and his Employment
Agreement with the City by the accounting firm of MMKR Cel1ified Public
Accountants("MMKR"), with sueh rep0l1 being provided to the City in a \\Titten report dated
October 4, 200] ; and
WHEREAS. the Employce cither on his behalf or through legal counsel, forwarded
numcrous requests pursuant to the Minncsota Government Data Practices Act for intormation
conceming the Employce and other City matters; and
WHEREAS, by mutual consent between the City and the Employee, the Employee's
grievance hearing pursuant to the Manual was deferred until such time that the City was able to
provide relevant documentation requested by the Employee related to the allegations against the
Employee; and
WHEREAS, such documentation has been provided to the Employee; and
WHEREAS, the Employee's grievance hearing, scheduled Jar October] 5, 2001, \\'as
conducted as scheduled and properly noticed; and
WHEREAS, in a letter to Employec's legal counsel dated September 25,200], Employee
was advised of additional information \vhich supported the City Clerk-Administrator's
recommendation for termination that \\'ould be prescnted to the Council; and
S.I R-21i..,,-+.<\,]
'v1l1:'1!).!:'
3
.
.
.
WHEREAS, the Employec was given the oppol1unity to appear m responsc to the
Employee's grievance request at the hearing; and
WHEREAS, thc Employee, through legal counsel, notified the City that the Employee
would not bc appearing at the grievance hearing before the Council; and
WHEREAS, the Employee did not appcar at the grievance hearing held on today's date to
address the allegations contained in thc May 30, 200 I Suspension Letter, the June 6, 200 I,
summary recommendation of the City Clerk-Administrator and supporting documentation, the
supplemental allegations and documentation assembled against the Employee based upon furthcr
review of this matter and the MMKR audit. and the City Clerk-Administrator's recommendation tor
action by the Council dated October 15, 2001; and
WHEREAS, today the Employee did not address the allegations set forth in the May 30,
200 I, suspension letter, the June 6, 2001. summary recolllmcndation of the City Clerk-
Administrator and supponing documentation, the City Clcrk-Administrator's recommendation for
action by the Council dated October 15, 2001. and supponing documentation, including, but not
limited to, thc MMKR audit report; and
WHEREAS, the Council relies on the professional expertise and opmlOn of the City
Clerk-Administrator obtained during the administration of the City's business conceming the
quality and completeness of Employee's \vork and the review and MMKR audit conceming the
Employee's work.
NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are
incorporated hercin to this Resolution.
SJR-2IQ.1.+.1\1
i'vW2111-72
~
.
.
.
.
~ "..
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council of the City
of Mounds View denies the gricvance of the Employee and reaffirms the termination of the
Employment Agreement and the employment of the Employee eiTectivc July 6,2001.
NOW. THEREFORE, BE IT FURTHER RESOLVED THAT the City Council directs City
staff to provide an appropriate Notice of Grievance Denial and Termination of Employment
Agreement and employment to the Employee with the effective date of termination on July 6,2001.
Adopted this 15th day of October, 2001.
RiCha2e,~
ATTEST:
~ ~/~ /
_ I ( i.t ,~(~,~._, J t <. !j_,~
Kathleel' Miller, Citv Clerk-Administrator
The motion for the adoption of the torcgoing resolution was duly seconded by member Stigney
and upon vote being taken thereon, the following voted in favor thereof: Quick, Sonterrc,
Stigney and Thomas; and the following voted against same: Mal1y.
Whereupon said resolution was declared duly passed and adopted.
S.I J{-2()4-,4:;\" I
:'\1t:21IJ-72
5