HomeMy WebLinkAbout07.03.03 Special Council Minutes
SPECIAL COUNCIL MEETING
MINUTES
July 3, 2003
1. CALL TO ORDER 5:00 p.m.
Mayor Ristow called the meeting to order at 5:00 p.m.
Present: Ristow, Cordes, Fitch, Fogarty, Soderberg
Absent: None
Also Present: Joel Jamnik, City Attorney; Robin Roland, Finance Director; Kevin
Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy
Distad, Parks and Recreation Director; Lee Mann, Public Works Director/City
Engineer; Brenda Wendlandt, Human Resources Director; Lisa Shadick,
Administrative Services Director; Cynthia Muller, Executive Assistant
Audience: Jeff Krueger, Jen Morical, Loren Schulz, Judy Teporten, Marilyn
Speiker, Souheil, Melly and Zack Ailabouni, Madeline Bader, Charlie Seivert,
Greg Eppich, David Pritzlaff, Jim McGrath, Jim and Mary Jo Bell, Tom Jensen,
Ron Thelen, Barb and Scott Thompson, Don Salverda, Randy Oswald, Peggy
Johnson, Lori Classon, Colleen Stewart, Michael Armbrust, Gerald Henricks, Tim
Kiniwski, Bob Brownawell, Bev Orr, Tim Pietsch, Paul Hardt, Phil Traxler,
Kevin Letton, Greg and Chintana Ohl, Julie McKnight, Debbie and Terry
Donnelly, Craig Stibbe, Bob and Chris Heman, Michael Dow, Elayne Donnelly,
Bob Donnelly Jr., Bruce Alexander, Michelle Wood, Anthony Pena, Mark and
Amy Pellicci, Cheryl Retterath, George and Sharon Flynn, Pam and Vern
Schoolmeester, Ed P., Bob Curtis, Mary Ann and John Devney, Karen Finstuen,
Jackie Dooley, Heidi Schmidt, John Kapustka
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
MOTION by Cordes, second by Fitch to approve the agenda including items 5a
and 5b. APIF, MOTION CARRIED.
5. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Termination of City Administrator's Contract by Accepting
Resignation
Mr. Jeff Krueger, 5324 186th Street, stated he would like to offer citizen
comments for the rest of the people. He felt this does directly affect the
citizens. Mayor Ristow asked Mr. Krueger to sit down and he will call on
him. Mr. Krueger asked ifthere would be citizen comments. Mayor
Ristow replied no, there is no citizen comments. There was a loud
Special Council Meeting Minutes
July 3,2003
Page 2
outburst from the audience. Mr. Krueger continued, saying back in 1996
when Mayor Ristow ran for Mayor, he said "I will always listen to what
the people have to say. I believe it is important that we not only inform
people, but also really listen to what they have to say. Then and only then
can all issues be evaluated before any decisions are made." Mayor Ristow
stated Mr. Krueger is out of order and asked him to please sit down.
Police Chief Siebenaler stopped Mr. Krueger, saying ladies and gentlemen
please, under the laws of the State of Minnesota and the ordinances of the
city of Farmington, the Mayor has a right to direct and control this
meeting. He has a right under the law to limit public input and to curtail
outbursts. The audience asked, to limit it or to deny it completely? Chief
Siebenaler replied limit it as he sees fit. The audience stated which means
to deny it completely. Chief Siebenaler continued saying it is the Mayor's
position to direct the meeting. He understood their frustration with this
process. He respected their right to freedom of assembly and their
freedom of speech. However, he is not permitted to allow those freedoms
to interfere with the legal process. Expression of your individual rights
may not infringe upon the rights of another. In this particular case, the
Mayor's right to direct this meeting. He is acting in a legal fashion. Inside
this meeting, the Mayor is in charge. As this meeting continues, please
remember your frustration is not with my officers or myself, but we are
responsible for keeping the peace. We will be doing that. It is our job.
Please do not force us to take any action against you by escorting you out
of this meeting, or worse. You may not like what is happening, but I am
asking you to control your frustration. I am asking you not to put my
officers or I in a position of having to detain or arrest residents ofthis city
during this legal proceeding.
MOTION by Soderberg, second by Fogarty to accept public comment.
Mayor Ristow stated he never said we would not have citizen comments,
but some people would not give me a chance to start the meeting. There
was another outburst from the audience. Voting for: Fogarty, Soderberg,
Ristow. Voting against: Cordes, Fitch. MOTION CARRIED. Mayor
Ristow stated he is going to try to be fair. He hoped the audience would
pick a spokesperson to talk. He would not take any public attacks and
comments will be limited to 2 minutes. Citizens can say their piece, but
regarding the item we are discussing, the City Administrator did resign.
This is data privacy. Things cannot be said or answered by any of us. If
you want to put on an attack that is fine, but he will not accept it. He will
call upon the residents if they raise their hand. He asked the audience to
please let him finish what he started.
City Attorney Jamnik recommended the Separation Agreement be
reviewed and allow comments after that. That could establish the
framework for some of the discussion. Mayor Ristow replied that is
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July 3,2003
Page 3
where he was going before he was so rudely interrupted. Attorney Jamnik
continued stating at Mr. Shukle's request and with Mayor Ristow's
consent, he has negotiated over the last several days with Mr. Shukle's
attorney regarding a possible Separation Agreement. Attorney Jamnik
apologized to Council and the public for not being able to distribute the
document sooner. However, he is constrained by data practices, open
meetings law, and public employment laws ofthe state which make it very
difficult to distribute these documents before they are ready for formal
review. He distributed a few unsigned copies of the agreement for the
audience to review.
The proposed Separation Agreement provides in paragraph 1 that Mr.
Shukle would offer, and the city would accept, a resignation of his
employment with the city effective July 3, 2003.
Paragraph 2 provides consistent with his pre-existing professional services
contract with the city that upon separation, Mr. Shukle would receive the
equivalent of six months' salary which is $47,625. 35. That would be
received in normal payments and is consistent with his existing
professional services agreement.
Paragraph 3 provides for the continuation of city contributions to health,
life, dental and disability premiums at the current rate through June 30,
2004, or until such earlier date if Mr. Shukle secures re-employment by
another jurisdiction and receives their coverage, then the city's obligation
would cease. This is an addition beyond statute of six months coverage in
this particular type of situation.
Paragraph 4 would provide compensation for his unused vacation and sick
leave. Regarding the difference between existing city policy regarding
sick leave, this provides a little additional sick leave payment. He would
not normally vest for full reimbursement of sick leave until he receives 5
years of service and he only has two. So we are advancing that partially.
Paragraph 5 states the city agrees to pay $7,000 to compensate him for
costs incurred to obtain employment.
Paragraph 6 proposes to compensate Mr. Shukle for attorney expenses in
the amount of$1500.
Paragraph 7 provides for Exhibit A, a letter to be drafted by Mayor Ristow
acceptable by Mr. Shukle for a letter of reference. That letter has been
drafted, approved and signed. Copies will be made available and will be
retained by the city and will be placed in the personnel record. This letter
has been approved by Mr. Shukle and Mayor Ristow.
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July 3, 2003
Page 4
Paragraph 8 provides that the city would not oppose a claim for re-
employment compensation filed by Mr. Shukle as a result oftermination
of his employment. This is a standard provision in separation agreements
dealing with the state statute where eligibility is dependent on voluntary
quits vs terminations, layoffs, etc. This is not covered in his existing
agreement but is standard for employment separation agreements.
Paragraph 9 is also standard for employment separation agreements, but is
very important. It is a non-disparagement provision which says the city
and Mr. Shukle agree to end the employment in a respectful manner. The
city and Mr. Shukle each agree that they would not make any disparaging
remarks or statements regarding the other party. The parties agree that in
the event that this paragraph is violated, damages could be awarded to the
other party in the amount of up to $10,000 for each disparaging statement.
Attorney J amnik cautioned Council that these types of provisions are very
important in the sense that what you deem to be disparaging or non-
disparaging may not be interpreted the same way by the person you are
making the comments about. He asked caution on the part of all the
parties to refrain from statements that could be interpreted by the other
side as disparaging or disrespectful.
Paragraph 10 provides no admission of liability on the part of either party.
Paragraph 11 agrees on indemnification of Mr. Shukle ifthere are any
third party claims or lawsuits that are still pending or could be levied
against him, that by severing the relationship, any decisions he made
would still be protected by the city on any kind of development, personnel,
or any other type of issue he took prior to this Separation Agreement.
Mayor Ristow asked for how long? Attorney Jamnik replied any decision
Mr. Shukle made up until today the city will stand behind it. If someone
filed a criminal charge or civil charge, which is not anticipated, the city
agrees they would cover him as ifhe were still an employee. This is a
standard provision in the Separation Agreement.
Paragraph 12, the data practices act indicates that pursuant to the statute
that the Separation Agreement would become public data.
Paragraph 13, is also a standard required provision that the parties be
offered a 15-day rescission period. If either party is not comfortable with
the Separation Agreement, they can rescind it.
Paragraph 14 is also standard indicating the agreement is governed by the
laws of the state of Minnesota.
Paragraph 15 is also standard indicating this is the complete agreement
with the attached reference letter and there are no secondary agreements.
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July 3, 2003
Page 5
Paragraph 16 is a full release by Mr. Shukle for any claims and is the
consideration by him for the additional compensation over and above that
provided in his pre-existing professional services agreement.
Councilmember Fogarty asked if provisions 3, 4,5,6 and 7 are the only
ones not standard, everything else is standard in a Separation Agreement?
Attorney Jamnik replied paragraph 2 is not necessarily standard, it is part
of Mr. Shukle's existing professional services agreement so it would be
consistent with the existing agreement. Paragraphs 3, 4, 5 and 6 are the
standard provisions. The letter of reference depends on the letter of
reference. The rest of the document from paragraphs 8-16 is standard.
The document has been reviewed, approved and signed by Mr. Shukle.
Mayor Ristow stated we have a motion and a second to approve the
Separation Agreement. Councilmember Fogarty stated it is her intention
to abstain from this vote. When she first received news last night that this
is what would happen today, her instant reaction was if Mr. Shukle agrees
to it, then she is comfortable with it. But she was thinking with her heart.
She thought with her head about what has unfolded this week. She
received a lot of e-mails and phone calls, all of which the questions were,
"What can we do to stop this?" and "Why did this happen in such short
order?" There is a regularly scheduled Council Meeting on Monday and
why an emergency meeting? What happened? She could not answer that
question for people. She attempted to get those answers just for herself
and she couldn't. A part of this provision makes it so that no one is ever
going to have to answer that question. They can't. They won't be able to
answer that question. It will have to stay a dead issue. There is a rule of
100 when it comes to politics. For every phone call you receive, you have
to think 100 people out there are thinking the same thing and just haven't
picked up the phone. With that on her mind, she has heard from thousands
of residents and they are not happy about it. She can't in good conscience,
knowing that she feels that this is the wrong thing to do, Mr. Shukle was
good for the city, an asset to the city, and she saw no reason for him to be
terminated. She cannot in good conscience vote for the separation because
she fundamentally disagrees with it, and she thinks the residents
fundamentally disagree with it. On the other side, it does release the city
from liability, and she does have a fiscal responsibility to the city as well,
so she cannot in good conscience vote no on it. She stated she will abstain
from this vote. There was loud applause from the audience.
Mayor Ristow asked Attorney Jamnik to explain that it was not an
emergency meeting. Attorney Jamnik stated the proper classification for
this is a special meeting which requires three days posted notice and notice
to the special requestors list rather than an emergency meeting which can
be called in less than three days notice. Councilmember Fogarty stated
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July 3,2003
Page 6
she will accept the clarification, but it was short notice. Mayor Ristow
stated we do have a clause for emergency meetings.
Councilmember Soderberg stated in trying to organize his own thoughts,
he thinks this is wrong. He does not like it. He has never supported
terminating Mr. Shukle. He does not now support his termination. The
Separation Agreement does protect the city and it does help Mr. Shukle in
future endeavors. Because it does those two things would be the only
reason he would ever vote for it. The loss of Mr. Shukle as our City
Administrator is a loss for the entire city. He does not think it is good for
the city. Councilmember Soderberg thinks it will put the city back. He
thinks it will do damage. Regrettably he will support the Separation
Agreement, but it is with a heavy heart that he will support it, and only
because it will help Mr. Shukle and it protects the city.
Councilmember Cordes and Fitch, and Mayor Ristow did not have any
comments. Voting for: Ristow, Cordes, Fitch, Soderberg,. Abstain:
Fogarty. MOTION CARRIED.
b) Consider Appointment of Interim City Administrator
Mayor Ristow distributed an agreement and stated he and Police Chief
Siebenaler had a discussion and Chief Siebenaler will take the
responsibility up to 11 months. He highly recommended Council appoint
Chief Siebenaler as the Interim City Administrator.
Police Chief Siebenaler stated the city needs to continue to move forward.
This staff and those employees that could not be here tonight intend for
this city to move forward. It is in all of our best interest for that to happen.
As he has indicated in his agreement, he serves the interest of this city and
he will accept this position in the best interest ofthis city. We as a staff
will do our level best to work in a direction that benefits all of our
residents. Weare committed to that cause and we look for your support in
doing that. To the residents, we need your help and your support in doing
that as well. No city can run, no entity can run, in opposition to itself or
the constituents that it serves. We need your help.
Councilmember Soderberg asked Chief Siebenaler ifhe drew up this
agreement and ifhe is comfortable with it's provisions? Chief Siebenaler
replied yes. Councilmember Fogarty thanked Chief Siebenaler for his
professionalism. MOTION by Cordes, second by Fitch to appoint Police
Chief Siebenaler as Interim City Administrator. APIF, MOTION
CARRIED.
Mayor Ristow then opened the meeting to public comments, reminding
the audience no personal attacks and to limit the comments to two
minutes.
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July 3, 2003
Page 7
Mr. Dave Pritzlaff, 20255 Akin Road, asked why did the Council just
complete a retreat with the staff to determine goals for the coming year,
and before the ink was dry on those goals, you want to dismiss the primary
person who can guide the city to those goals? You paid an outside
facilitator and incurred considerable expenses to conduct this retreat.
Why? Retreat costs were $2,635. Don't you believe that this proposed
action and the way you are trying to carry it out, affects the city staff in a
very negative way? A staffthat the public pays to do our work. How can
they do their work under the atmosphere you create? Mr. Pritzlaff stated
he does not agree with this at all. Some of the money the city will incur
such as $20,000 to hire a consultant, would be another issue. Would
Council be willing to take some oftheir own personal money to help pay
for this? The taxpayers do not want to pay for this. Council has their
agenda. There are three people on the Council that he can say with a little
assurance, come 2004 they will not be there. His name will be on the
ballot and there will be three less people on the Council that don't belong
up there.
Mr. Jeff Krueger, 5324 186th Street, stated regarding the agreement,
$10,000 for the disparaging remarks, is that paid for by the city or the
person who makes the disparaging remarks, if that occurs? Attorney
J amnik replied state statute requires that if the statement is made within
the scope of the official duties ofthe official the city would have to
indemnify the official. A lot would depend on the situation. Mr. Krueger
stated basically, it would be the residents paying for it. Attorney Jamnik
stated if one of the Councilmembers makes the disparaging remark, that is
correct. If Mr. Shukle makes the disparaging remark, he would be
obligated to pay for it. Mr. Krueger stated he has known Mr. Shukle for
quite a while. He considers him a very good friend. You have a great
staff, an excellent staff, and he hopes Council knows that. Every single
one of them. But the city also had a great leader and all you did was just
chop off the head. You have thrown everyone into a tailspin. Mayor
Ristow interrupted saying you are not going to tell me what I did. You tell
me what you want to say and that's it. Mr. Krueger stated I am telling you
exactly what I am saying. Mayor Ristow stated he is not going to sit and
listen to that. He gave Mr. Krueger an opportunity to say what he wanted.
Mr. Krueger said he is not attacking him. Mayor Ristow said we signed a
Separation Agreement. He asked Mr. Krueger if he had anything else to
say, and if not to take his seat. Mayor Ristow stated he is not going to sit
here and take a pounding from Mr. Krueger. Mr. Krueger stated this is a
Separation Agreement. It is not a resignation. It is not voluntary. Mayor
Ristow replied, yes it is voluntary. I did not take his hand and make him
sign it. It was signed by Mr. Shukle. Mr. Krueger stated this is the
equivalent of holding a gun to someone's head. Mayor Ristow told Mr.
Krueger to take his seat, he is done.
Special Council Meeting Minutes
July 3, 2003
Page 8
Mr. Jim Bell, 201 Maple Street, stated he hoped he would not offend
anyone. He worked for the city for 26 years. We went through this 8
years ago, and he was wondering about the recruitment process. He
understood Council would get a firm to recruit as was done in previous
years. He hoped that the Council, in their recruitment for a replacement
for Mr. Shukle, does not go out and find a guy and determine we will have
a hit list like 8 years ago and pick on these staff members. You have a
good staff. He knows two of the current Councilmembers were on the
Council at that time and he does know there was a hit list. Mr. Bell looked
at Councilmember Fitch and stated don't look like that. Mr. Bell overhead
Councilmember Fitch at a Mountain Dew meeting talking about the hit
list. Mr. Bell was on it. It is not fun. Mr. Bell survived it, but some of his
colleagues did not. He hoped Council would not do that again.
Mr. Tim Pietsch, 612 Centennial Drive, stated his comments center around
the turnover that the city is incurring. As he looks around at surrounding
communities, he sees the facilities they have. He looks at Farmington and
we are sorely lacking. It discourages him greatly that we have a Council
with personal agendas and we incur these costs.
Ms. Kim Soderberg, 1312 Fairview Lane, had a question regarding the
Separation Agreement and the clause where the agreement can be
rescinded by either party in 15 days. She asked what happens if either
party decides to that? Is Mr. Shukle fired, or do we have to go through all
this again, or what is the course of action for that? Attorney J amnik
replied the provision is a statutory requirement that parties in Separation
Agreements have a cooling offperiod or an evaluation period that allows
them to rescind the agreement. If either party decides to change their
mind and back out of the agreement, we would be back to where we were
before the agreement is signed. We would have to cross that bridge when
we come to it and start negotiations or deal with those issues as presented
at that point. The agreement would be ripped up and we would go back in
time to earlier today. Mayor Ristow stated the bottom line is, Mr. Shukle
would not have signed the agreement ifhe was not willing. Attorney
Jamnik stated it is not anticipated, and for the Council to rescind it, we
would have to put it back on the agenda, and have a majority vote of the
Council to rescind the agreement. Ms. Soderberg stated she felt a big
injustice has been done to Mr. Shukle. Mayor Ristow replied you have a
right to your opinion.
Mr. Charlie Seivert, 19055 Enchanted Way, gave thanks and praise to
Councilmembers Fogarty and Soderberg for representing the interests of
the residents of Farmington. He did not know ifthis was going to be the
end. He thinks the truth will be revealed. He had the opportunity to get to
know Mr. Shukle and he was a quality individual. All that happened here,
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July 3, 2003
Page 9
is we have weakened a city, and unfortunately the taxpayers are going to
have to pay for the expenses of this. Although Mr. Shukle probably did
physically sign the paper, Mr. Seivert wanted to go on record that Mr.
Shukle was forced out.
Ms. Robin Hanson, 18880 Elgin Avenue, stated she believed Council
complied with the legal requirements of the state statute this week. Given
that there was no formal discipline filed, no review done, and no negative
comments that the public and certain Councilmembers are aware of, what
tookplace is just wrong. The residents do not have any recourse. State
statute does not allow for the recall of city officials. She would hope that
people interested in pursuing an amendment to the state statute to provide
for that would let her know.
Ms. Melly Ailabouni, 610 Heritage Way, stated the Council has cost the
city about $100,000 when you add up the severance pay, and the insurance
and the search for the new Administrator. The residents have not gotten a
reason yet why the Council has spent over $100,000 tonight. The people
of Farmington deserve to know why you are spending that money that
way. Mayor Ristow asked Attorney Jamnik to explain the cost is not
$100,000. Attorney Jamnik stated that is difficult to do. Mayor Ristow
asked him to explain what the agreement comes to. Attorney Jamnik
replied a lot depends. It is under $60,000 in total compensation. The
existing employment contract provides for a 6-month severance, which
would be $47,000. The difference is approximately $10,000. There
would be an additional tenant liability depending on re-employment and
those types of factors. On the other side, he has not compensated the fact
that during the interim the city will be paying for the interim administrator
position and the police chief in conjunction. The Council has not yet been
presented with a plan for recruitment and hiring of the replacement.
Mr. Michael Dow, 19402 Ellington Trail, stated he has been a resident for
almost 9 years. What we have here tonight is a betrayal to the citizens.
He thinks the cost of $1 00,000 will be accurate because we have to
compensate Chief Siebenaler for the additional duties he will take on.
There will be overtime cost for the officers that have to take on some of
his duties. The fact that nobody is admitting to anything and nobody is
giving an explanation to the citizens, means of the 17,000 plus that live in
this town right now, four people really know the reason this whole thing
has occurred. The other 17,000 have no idea. He feels the Council has
betrayed the citizens, and is very disappointed in the Council.
Mr. Zack Ailabouni, 610 Heritage Way, asked why this special meeting
was called tonight instead of waiting until the regularly scheduled meeting
on Monday? Attorney Jamnik replied the Mayor called the meeting
because at this time we have a full Council. Monday night we will be
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July 3, 2003
Page 10
absent one Councilmember. It is appropriate to try to address this with a
full Council. Mayor Ristow stated negotiations broke off. Addressing
Attorney Jamnik, he stated this was started last week and you said there
were no more terms, so we called the meeting within the scope ofthe
bylaws. Attorney Jamnik stated that is correct, but Monday evening
Councilmember Fitch will not be there. There was an outburst from the
audience. Councilmember Fogarty stated this meeting was called because
Councilmember Fitch is going to be on vacation, so I did not go on
vacation tonight, because he is? Mayor Ristow stated that is not the
reason. Attorney Jamnik stated he apologized, he did not know. There
was another audience outburst.
Mayor Ristow stated that is not the reason. He thinks all the residents are
respectful enough of data privacy. Mr. Krueger interrupted asking why
have a meeting? Mayor Ristow stated do you want to let me talk or do
you want me to end the meeting? Mr. Krueger stated why don't you
answer the right question? Mayor Ristow stated there were negotiations
going on and this did not just happen last week. He asked Attorney
Jamnik to tell him ifhe was getting out ofline and stepping into data
privacy. This thing has been going on for over a year. There were
negotiations before and they broke off. Mr. Krueger stated he thought
there was a clean slate in March. Mayor Ristow replied let me finish. Am
I talking to you? Are you a spokesperson for these people? Mr. Krueger
stated you are looking right at me, so I am answering your question.
Mayor Ristow continued saying it has been going on for quite some time.
We did clean the slate in February, but we cannot sit here and tell you
what goes on internally. There are a lot ofthings that could come out yet,
as Attorney J amnik has indicated, and we have to back it. Some of you
are employers and have employees and when things are brought to your
attention, you know what the data privacy act entails. Mr. Krueger asked
can't you tell us what he did wrong? Mayor Ristow replied he is an at-will
employee. Mr. Krueger stated Councilmembers Soderberg and Fogarty
don't even know what Mr. Shukle did wrong. Why not share the
information with the other Councilmembers? Mayor Ristow replied
Councilmember Soderberg knows what Mr. Shukle has been up to, but he
just has not said it. There was an audience outburst. Mr. Pritzlaff asked if
Mayor Ristow was now calling Councilmember Soderberg a liar? Mayor
Ristow replied he is not calling anyone a liar, but if Councilmember
Soderberg can honestly sit here and say he has not known anything about
this until tonight then you can say whatever you want to say.
Councilmember Soderberg stated he has known about negotiations and
conflicts, but he has asked repeatedly for a cause. He has stated
repeatedly he will not support Mr. Shukle's termination without cause. He
has asked Mayor Ristow personally for that. He and Councilmember
Fitch met after he was appointed, and Councilmember Fitch assured him
Special Council Meeting Minutes
July 3, 2003
Page 11
he would not support termination without cause. Councilmember
Soderberg has asked Councilmember Fitch for cause and again he has not
offered any cause. In fact, Councilmember Fitch told him that the attorney
has advised him not to talk to him about it. Councilmember Soderberg's
next call was to the attorney. The attorney told him that was not the case.
Councilmember Soderberg stated so now he has not only been lied to by
Mayor Ristow, but by Councilmember Fitch.
Councilmember Fitch stated his conversation with the attorney was that
the attorney told him the way to approach this was as an at-will employee,
and that he should not discuss any reasons for termination. He told
Councilmember Fogarty he would talk to the attorney, which was the
same night and that he would get back to her. The next day the attorney
told him not to talk to any other Councilmembers. Councilmember
Fogarty stated that is not true. Councilmember Fitch replied, he is sorry,
but it is true. Councilmember Fogarty stated she called Monday night and
asked why and Councilmember Fitch could not tell her why.
Councilmember Fitch stated the attorney told him not to discuss it.
Councilmember Fogarty stated she asked Councilmember Fitch if the
attorney specifically asked him not to discuss it with other
Councilmembers because we do have the right to data privacy.
Councilmember Fitch replied he told her no, but he would talk to Attorney
Jamnik the next day.
Mayor Ristow stopped them saying he was not going to let the Council
beat each other up. Mayor Ristow then stated if Councilmember
Soderberg can honestly sit here and tell everyone of these lies, and I will
look everyone in the eyes, that he did not negotiate a contract a year ago
from now, then he will call him a liar.
6. ADJOURN
MOTION by Cordes, second by Fitch to adjourn at 5:41 p.m. There was an
outburst from the audience, saying they should go outside to make their
comments. It appears they cannot make their comments freely. Voting for:
Ristow, Cordes, Fitch. Voting against: Fogarty, Soderberg. MOTION
CARRIED.
Respectfully submitted,
~~ /Y7d~
CCynthia Muller
Executive Assistant