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HomeMy WebLinkAboutMinutes - 2001/06/04PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~, ..~~ ~-~ Special Meeting ~i ~ r ~ June 4, 2001 1 ~ `` ~ Mounds View Cit Hall 2401 Highway 10, Mounds View, MN 55112 5:03 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. Mayor Sonterre noted that based upon the opinion of the legal staff, he would ask that the agenda not be approved. Administrator Miller and Assistant to the City Administrator Reed continue to compile supporting documentation to the charges. Since the information is continuing to come in, the City's legal department suggested the meeting be continued to Wednesday evening, and that will give the administrative staff and legal staff a chance to further compile the information. Cit Attorne Ri s stated that based on the state statute the Council has the abilit to o en a Y Y gg ~ Y p meeting, as it has done today, and then continue it to a date and time in the future. MOTION/SECOND: Mayor Sonterre/Quick. To Recess the Meeting Based on the Attorney's Recommendation and Continue it Until Wednesday, June 6, 2001, at 7:00 p.m. Council Member Marty stated he will be unavailable on Wednesday. A discussion ensued around who would be available what dates. Mayor Sonterre said they are at an impasse with Council Members Thomas and Marty. Council Member Quick called the question. The vote to continue the meeting was then taken. Ayes - 4 Nays - 1 (Marty) Motion carried The City Council recessed the meeting at 5:30 p.m. The Special Meeting of the City Council will reconvene on Wednesday, June 6, 2001 at 7:00 p.m. • Mounds View City Council June 6, 2001 Special Meeting Page 2 Special Meeting, June 4, 2001 Reconvened June 6, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. MEETING IS RECONVENED AT 7:10 P.M. 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. Mayor Sonterre noted that this meeting was continued from Monday night. Council Member Marty inquired as to whether this was an official meeting of the Mounds View City Council continued from Monday, June 4, 2001. City Attorney Riggs indicated that Council Member Marty was correct. Council Member Marty inquired as to why there was no recording secretary, court reporter, stenographer or video recording of the meeting on June 4, 2001, by which to produce minutes as required by City Code. • City Attorney Riggs indicated that the only information legally required for the minutes is the information indicating that Council recessed until today's meeting. He then noted that the City Administrator will produce minutes from the meeting held on June 4, 2001 for approval at the next Council Meeting. Council Member Marty noted that he feels the City is in violation of its own code Section 105.4, Subd. 7(b) governing the information to be contained in the minutes of Council Meetings. He then asked for a full explanation as to why the meeting was not properly recorded. MOTION/SECOND: Marty. To Turn all of the Information Concerning the Issues That Are Facing Council At This Meeting Over to an Independent Third Party For a Full and Complete Investigation. The Motion died for lack of a second. City Attorney Riggs reiterated that the City is not required to record meetings and noted that the City Clerk Administrator would provide minutes for approval at the next Council Meeting. Council Member Marty noted that, by making wrong judgments or premature decisions, the City may, in fact, cost the taxpayers tens or hundreds of thousands of dollars. He then noted, as presented in the media, that the defendants have asked for an independent investigation rather • than resorting to handling the matter in the court system. Mounds View City Council June 6, 2001 Special Meeting Page 3 3. APPROVAL OF AGENDA A. Wednesday, June 6, 2001 City Council Agenda. City Attorney Riggs requested that Council Business Item 6C be moved to Item 6A and that Items 6A and B be renumbered to 6B and 6C. MOTION/SECOND: Quick/Thomas. To Move Council Business Item 6C to Item 6A and Renumber the other Items to 6B and 6C. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Stigney. To Approve the June 6, 2001, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. UNFINISHED BUSINESS None. 5. CONSENT AGENDA None. 6. COUNCIL BUSINESS A. Closed Session to discuss pending litigation. City Attorney Riggs indicated that the closed session would be to discuss information received from legal counsel for the two individuals involved in the matters before Council this evening. The City Council recessed to the closed session at 7:16 p.m. The City Council reconvened at 7:55 p.m. Mayor Sonterre indicated a request had been received for a recess to review protected personnel information of anon-public nature and noted that Council would declare a recess not to exceed the time of 8:15 p.m. City Attorney Riggs indicated there had been a request from a couple of the Council Members to be allowed to review documentation that is non-public personnel data. The City Council recessed at 7:58 p.m. The City Council reconvened at 8:17 p.m. Mounds View City Council June 6, 2001 Special Meeting Page 4 B. Personnel Issues. Preliminary Consideration of Allegations or Charges against an Individual Subject to City Authority. City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was required to close the session to evaluate and impose discipline. He noted he had received a request from legal counsel for the individual against whom the charges are alleged that requested the issue be handled in an open session rather than a closed session. He then asked Bruce Kessel if he still wished the matter to be handled in an open session. Mr. Kesel indicated that he did wish the matter to be heard in an open session. City Attorney Riggs reviewed the procedure that would be followed indicating that the allegations were distributed to Mr. Kessel on May 31, 2001 in a letter dated May 30, 2001. He then indicated that the City. Administrator would provide a summary recommendation to Council based on the allegations. City Attorney Riggs noted that Mr. Kessel would be given an opportunity to respond to the allegations contained in the May 30, 2001 letter and the summary recommendation of the City Administrator. City Attorney Riggs indicated that the due process right of Mr. Kessel was to respond to the allegations contained in the May 30, 2001 letter and the summary recommendation of the City Administrator and explained that anything else should not be i discussed. City Attorney Riggs indicated he had received notice from legal counsel for Mr. Kessel indicating Mr. Kessel would not be responding but noted that Council needed to offer the right to respond to Mr. Kessel. City Administrator Miller read a summary recommendation that recommended termination of the employment of Bruce Kessel effective June 7, 2001. City Attorney Riggs asked whether Mr. Kessel wished to respond to the allegations contained in the May 30, 2001 letter or the summary recommendation of City Administrator Miller. Mr. Kessel indicated that he did wish to respond and then began to read a letter from his legal counsel that had been previously sent to City Attorney Riggs. City Attorney Riggs interrupted Mr. Kessel and indicated he would not recommend reading the letter as there were items contained in the letter that could be considered privileged and subject to litigation. He then asked Council if they wished to accept the letter into evidence and advised Council that the letter has threatened litigation against the City and advised Council not to make any comments concerning the letter. City Attorney Riggs noted that Mr. Kesel could read the letter if he wished but noted the second to the last paragraph of the letter was inflammatory and asked that it not be read. He then noted Mounds View City Council June 6, 2001 Special Meeting Page 5 • that he had sent a letter to Mr. Kessel's legal counsel to refute the information contained in the letter and had not received a response back from her. Mr. Kesel finished reading the letter. Mr. Kesel then noted that the letter had stated that the meeting should be open, taped and televised and asked whether the investigation conducted by the City was completed. City Administrator Miller indicated there was a review of Mr. Kessel's performance and that was completed. Mr. Kessel asked when the review was conducted. City Administrator Miller indicated that a review is an ongoing process and noted that she and Mr. Kessel had discussed his performance numerous times. She then noted that the supporting documentation had been put together after the review. Mr. Kessel asked for a copy of his review. City Administrator Miller explained that the review was his letter of suspension. Mr. Kessel asked who the witnesses to the investigation were. City Administrator Miller indicated there was no investigation or witnesses as it was a personnel review. Mr. Kessel asked if City Administrator Miller had questioned him, the auditor or his Staff concerning the matter. City Administrator Miller indicated she had discussed the matter with the auditor. Mr. Kessel asked when the discussion with the auditor took place. City Attorney Riggs indicated the official record remains with the City Clerk Administrator and noted Council had a summary of the charges. He then noted that he had not received a response from Mr. Kessel's legal counsel to his letter sent in response to the letter Mr. Kessel read a loud to Council. Mr. Kessel asked when the response was sent to his legal counsel. City Attorney Riggs indicated that Mr. Kesel had been notified of the allegations with a letter dated May 30, 2001 received on May 31, 2001 and noted that there had been no change at all in those allegations. He then noted that the only information that had been obtained is supporting documentation for those allegations. S Mr. Kessel asked for a copy of the summary recommendation. Mounds View City Council June 6, 2001 Special Meeting Page 6 • City Attorney Riggs indicated Mr. Kesel was entitled to a copy but noted that he could not give him a copy as Mr. Kesel is represented by legal counsel. He then noted that City Administrator Miller could provide a copy to him. He further noted that in his correspondence to Mr. Kessel's legal counsel he had offered to provide a copy of the summary recommendation. Mr. Kesel asked if there were supporting documents. City Attorney Riggs indicated there were supporting documents. Mr. Kesel asked when those documents were provided to Council. City Attorney Riggs indicated the documents were available to Council just before the meeting started, approximately between 6:30 p.m. and 7:00 p.m. Mr. Kesel stated he would support and cooperate with athird-party investigation and then said he feels he would be exonerated by the investigation. City Attorney Riggs noted that he had responded to counsel for the defendants and noted that his response was sent between 4:30 p.m. and 5:00 p.m. He noted his response does contradict the positions raised by Mr. Kessel's legal counsel in the letter and does directly site language from the May 30, 2001 letter which is in error in the letter from Mr. Kessel's counsel but correct in his letter to her. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 2001- 5700, aResolution Terminating the Employment of Bruce Kessel as Finance Director for the City of Mounds View Effective June 7, 2001. City Attorney Riggs noted the Resolution would require a revision as the Resolution was drafted based on the statement from Mr. Kessel's legal counsel that he would not be responding to the allegations or the summary recommendation. Mr. Kesel asked if he could make a comment. City Attorney Riggs indicated that Mr. Kessel's due process right was closed but allowed him to make his comment. Mr. Kessel stated that, if his attorney were present at the meeting, there would be a more complete response and then stated that he was advised by City Attorney Riggs that no action would be taken at this meeting. City Attorney Riggs indicated that he had never indicated to Mr. Kessel that no action would be taken at this meeting as that is not something he could advise. u Mounds View City Council June 6, 2001 Special Meeting Page 7 Mr. Kesel indicated he was not sure if his legal counsel responded or would have had time to respond to the letter sent by City Attorney Riggs between 4:30 p.m. and 5:00 p.m. and indicated that it would be nice to keep the matter out of the court system. Council Member Thomas suggested a friendly amendment to the motion to omit the word "not" on Page 2, Line 1 Council Member Quick accepted the friendly amendment and Council Member Thomas seconded the motion. City Attorney Riggs indicated there must be unanimous consent of Council to waive the reading or it must be read. Mayor Sonterre asked if there was consent to waive the reading. Council Member Marty stated he would like the Resolution read. Council asked that City Administrator Miller read Resolution 2001-5700. City Administrator Miller read Resolution 2001-5700 for the record. Council Member Marty stated that he felt there should be an independent investigation into the matter. The vote was then taken regarding 2001-5700. Ayes - 4 Nays - 1(Marty). Motion carried. Mayor Sonterre noted there had been a request for a recess by two City Council members to discuss Item 6C and noted the recess would be limited to 9:05 p.m. The City Council recessed at 8:45 p.m. The City Council reconvened at 9:13 p.m. C. Personnel Issues. Preliminary Consideration of Allegations or Charges against an Individual Subject to City Authority. City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was required to close the session to evaluate and impose discipline. He noted he had received a request from legal counsel for the individual against whom the charges are alleged that requested the issue be handled in an open session rather than a closed session. He then asked Mr. Hammerschmidt if he still wished the matter to be handled in an open session. Mr. Hammerschmidt indicated he wished the matter to be handled in an open session. Mounds View City Council June 6, 2001 Special Meeting Page 8 City Attorney Riggs indicated that the process would be the same for Mr. Hammerschmidt and indicated that he had received a letter from Mr. Hammerschmidt's legal counsel indicating that Mr. Hammerschmidt would not be responding to the allegations against him. City Attorney Riggs indicated that Mr. Hammerschmidt would be provided with an opportunity to respond to the allegations contained in the May 30, 2001 letter received by Mr. Hammerschmidt on May 31, 2001 and to the summary recommendation of the City Administrator. City Administrator Miller read a summary recommendation that recommended termination of the employment agreement and termination of Mr. Hammerschmidt's employment with the City effective thirty (30) days after notice is provided to Mr. Hammerschmidt. City Attorney Riggs indicated that Council needed to offer Mr. Hammerschmidt his due process right to a direct response to the allegations contained in the May 30, 2001 letter and the summary recommendation of City Administrator Miller. Mr. Hammerschmidt indicated he would not read the letter from his legal counsel as Mr. Kessel had previously done so. City Attorney Riggs asked if Mr. Hammerschmidt would like the letter entered into record by Council. Mr. Hammerschmidt indicated that he would like the letter entered into record. Mr. Hammerschmidt then noted he would read the paragraph not read by Mr. Kessel. City Attorney Riggs indicated that, if Mr. Hammerschmidt read the paragraph of the letter, his due process would end and he would not be allowed further comment. Mr. Hammerschmidt then asked for a copy of the charges. City Attorney Riggs noted that Mr. Hammerschmidt had received a copy of the charges and noted, if Mr. Hammerschmidt wished to have a copy of the charges, a copy could be provided to him but stated that Council would need to recess to make a copy for him. Mr. Hammerschmidt indicated he had a copy but did not bring it with him and then withdrew his request for a copy. He then asked City Administrator Miller to read the allegation in the summary recommendation that indicated he had not taken care of the golf course. City Administrator Miller re-read the allegation Mr. Hammerschmidt had requested. Mr. Hammerschmidt asked if there would be any facts presented with the charges. Mounds View City Council June 6, 2001 Special Meeting Page 9 . City Attorney Riggs noted that Mr. Hammerschmidt had the right to respond to the allegations only. Mr. Hammerschmidt inquired as to whether an investigation was conducted. City Attorney Riggs indicated that Mr. Hammerschmidt could address Council but noted that Council did not need to answer questions. Mr. Hammerschmidt indicated that Mr. Kesel had asked the same question and his question was not answered completely. He then inquired as to whether the charges were presented to Council at a 6:30 p.m. meeting. City Attorney Riggs indicated there had been no Council meeting until this meeting which started at 7:10 p.m. Mr. Hammerschmidt indicated that he was under the impression that reams of material would be given to him along with additional charges at this meeting and noted that his attorney did not want to respond to the charges until all of the information had been received. He then noted he was at the meeting Monday night to defend the charges and noted there were no additional charges at this meeting. Mr. Hammerschmidt indicated that he feels that it belies any common sense that the Council and • the City would not want to clean this mess up with athird-party investigation rather than litigation. He then noted that both he and Mr. Kessel have asked for an independent investigation and feel that it would save the taxpayers of the City money rather than paying attorney's fees. Mr. Hammerschmidt thanked the people of Mounds View who have supported him and Mr. Kessel and told the audience that he feels he has done "a hell of a job at the Bridges" and that Mr. Kesel did "a hell of a job" as Finance Director. He then stated that he feels he and Mr. Kesel are being railroaded out of the City. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 2001- 5701, a Resolution Terminating the Employment Contract and Employment of Mr. Hammerschmidt Effective Thirty (30) Days from the Date of the Resolution. Mayor Sonterre inquired if it was the consent of Council to waive the reading. Council Member Marty indicated he would like the Resolution read. City Administrator Miller read Resolution 2001-5701 for the record. Council Member Marty stated he is still curious as to why Mr. Hammerschmidt's grievance to the letter of reprimand was not answered. He then noted that he would like athird-party r~ • 'LJ Mounds View City Council June 6, 2001 Special Meeting Page 10 investigation into the matter and stated he has questions concerning some of the allegations and would like to receive verification of the allegations. Council Member Stigney commented that he thought the recess was given to allow Council to review documents supporting the allegations. Council Member Marty indicated he had asked for verification and received verbal verification but stated he would like to see actual numbers or spreadsheets. He then noted he also had other requests for verification he would like to receive. The vote regarding Resolution 2001-5701 was then taken. Ayes-4 7. SPECIAL ORDER OF BUSINESS None. 8. REPORTS None. 9. APPROVAL OF MINUTES None. 10. Next Council Work Session: Next Council Meeting: 11. ADJOURNMENT Mayor Sonterre adjourned the meeting at 9:35 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. Nays - 1(Marty) Motion carried. Monday, July 2, 2001 Monday, June 11, 2001