HomeMy WebLinkAboutResolution 5635
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Member Quick introduced the tollowing resolution and moved its adoption:
RESOLUTION NO. 5635
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTIO~ DENYING GRIEVANCE AND AFFIRMING TERMINATION
OF THE EMPLOYMENT OF BRUCE KESSEl.
FROM THE CITY OF MOUNDS VIEW
WHEREAS, the City Clerk-Administrator for the City of Mounds View (the "City") has
the authority under the City's Personnel Manual to telll1inate employees of the City subject to the
concUITence 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 of Bruce Kessel (the "Employee") be terminated; and
WHEREAS, the City Clerk-Administrator's recommendation was based on Issues
conceming the unsatisfactory perfolll1ance of the Employee, the allegations set forth in the
May 30, 2001, suspension leUer provided to the Employee, as well as a summary
recommendation of the City Clerk-Administrator dated June 6, 2001; and
WHEREAS, the Council was aware of cel1ain perfonmmce issues relating to the
Employee based on the summary recommendation of the City Clerk-Administrator and the
suppOJ1ing documentation related thereto; and
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 conceming the
quality and completeness of Employee's work; and
WHEREAS, the Employee was advised of the allegations against the Employee; and
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WHEREAS, the Council conducted a hearing on June c" 2001, to consider the
performance of the Employec, the summary recommendation of the City Clerk-Administrator
dated June 6, 2001. and the supporting documentation related thereto, and the Employee's
response to the allegations against the Employee; and
WHEREAS, the Employee did take the opportunity to utilize his due process right in
addressing the Council in response to the May 30,2001, suspension letter and the June 6,2001,
summary recommendation of the City Clerk-Administrator at the June 6, 2001. hearing; and
WHEREAS, based upon the infonnation provided at the hearing held on June G, 2001,
regarding the perfollllance of the Employee, including the May 30, 2001, suspension letter, the
June 6, 2001, summary recommendation of the City Clerk-Administrator and the supporting
documentation related thereto, the oral information 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 terminated the employment of the Employee effective June 7, 200 I, pursuant to
City of Mounds Vicw Rcsolution No. 2001-5700; and
WHEREAS, additional review was made concerning the perfolll1ance of the Employce
and the administration of the City's business; and
WHEREAS, the Employec notified the City of his desire to grieve the termination of his
employment with the City, pursuant to Section 1.20 of the City of Mounds View Personnel
Manual ("Manual"); and
WHEREAS, pursuant to the Council's direction, an indcpendent audit was performcd
concerning various aspects related to the perf0l111anCe of the Employec by the accounting firm of
MMKR Certified Public Accountants("M:\1KR"), with such audit report being provided to the
City in a written report dated Octobcr 4,2001; and
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WHEREAS, the Employee either on his behalf or through legal counsel, forwarded
numerous requests pursuant to the Minncsota Govcmment Data Practices Act for infonnation
conceming the Employee and other City matters; and
WHEREAS, by mutual consent between the City and the Employee, the Employee's
grievance hearing pursuant to the Manual \-vas deferred until such time that the City was able to
provide documentation requested by the Employee related to the allegations against the
Employee; and
WHEREAS, such documentation has been providcd to the Employee; and
WHEREAS, the Employee's grievance hearing, scheduled for October 11, 2001, was
conducted as scheduled and properly noticed; and
WHEREAS, the Employee was given the opportunity to appear 111 response to the
Employee's grievance request at the hearing; and
WHEREAS, the Employee, through legal counseL notified the City that the Employee
would not be appearing at the grievance hearing bctore the Council; and
WHEREAS, the Employee did not appear at thc grievance hearing held on today's date
to address the allegations contained in the May 30, 2001 Suspension Letter, the June 6, 2001,
summary recommendation of the City Clerk-Administrator and supporting documcntation, the
supplcmental documentation assembled against the Employee based upon further review of this
matter and the MMKR audit, and the City Clerk-Administrator's recommendation Jar action by
the Council dated October It. 2001; and
WHEREAS, today the Employee did not address the allegations set forth in the May 30,
200/, sllSpenSJon letter, the June (>, 200/, summary recommendation of the City Clerk-
Administrator and sllpporting documentation. the City Clerk-Administrator's recommendation
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for action by the Council dated October 11, 2001, and supporting documentation, including, but
not limited to, the MMKR audit report; and
WHEREAS, the Council 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 the review and YlMKR audit concerning the
Employee's work.
NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are
incorporated herein to this Resolution.
NOvV, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council of the
City of Mounds View denies the grievance of the Employee and reaffinl1s the te1l11ination of the
employment of the Employee effective June 7, 2001.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council directs
City staff to provide an appropriate Notice of Grievance Denial and Ternlination to the
Employee with the effective date oftennination on June 7,200].
Adopted this 11th day of October, 2001.
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Richard Sonterre, Mayor
ATTEST: t-h'
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Kathlen Miller, City Clerk-Administrator
The motion for the adoption of the foregoing resolution was duly seconded by member Thomas
and upon vote being taken thereon, the tollowing voted in favor thereof: Quick, Son terre,
Stigney and Thomas; and the following voted against same: Marty.
Whereupon said resolution \vas (kclan:d duly passed and adopted.
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