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HomeMy WebLinkAbout03.31.88 Special Council Minutes MINUTES COUNCIL MEETING SPECIAL MARCH 31, 1988 1. Mayor Akin called the meeting to order at 6:00 P.M. Members Present: Akin, Mayer, Sprute, Uhl. Members Absent: Kelly. Also Present: Administrator Thompson, Attorney Knutson. 2. The purpose of the meeting was to accept the State Auditor's report regarding the Police Department, and to consider subsequent personnel actions. Copies of the auditor's report and responses from the Administrator, Finance Director, Police Chief, Police Sergeant and Officer Pilcher had been presented to the Council prior to the meeting. 3. Lloyd Voerding of the the State Auditor's Office gave a brief overview of the report, noting the alleged violations. Mr. Voerding noted that the report covered the scope of the audit, and that new findings were not anticipated at this time. Mr. Voerding noted that the report had been turned over to the Dakota County Attorney's Office for possible action. Mr. Voerding noted that the report centered around the sale of a 1974 Mustang by the Chief and the money not being turned over to the Finance Department; and the sale of a City owned gun involving the Chief, Sergeant and a part time officer, the money being deposited in the Police Reserve Account (not a City account) to pay for a repair to a City owned motorcycle. Attorney Knutson noted that it appeared that that report was grounds for discipline. Mr. Knutson also noted that Sergeant Churchill and Officer Pilcher were veterans and therefore, if the Council demoted or dismissed them, it could only do so after suspending the officers for 60 days pending a request for a hearing. Mr. Knutson added that if the extent of the discipline was a suspension, they could be suspended without pay, with no provision for a veteran's preference hearing. Administrator Thompson outlined the hearing process afforded in personnel policy. It was the consensus that the Council consider each disciplinary action separately. 4. Councilmember Kelly arrived at 6:30 P.M. 5. The Council first considered the disciplinary action of the Police Chief. Mayor Akin stated the allegations and noted the seriousness of the allegations. Mayor Akin asked what the procedure would be to dismiss. Attorney Knutson stated that a written statement of the violations would be sent to the Police Chief from the Administrator and informing the Chief that he is suspended without pay pending dismissal and noting his rights of appeal. Administrator Thompson stated that employees were allowed a hearing if requested by the employee within 10 days. If the employee does not appeal, the Council reviews its action at the next regular meeting. The Council reviewed the personnel policy relating to cause for disciplinary action. Motion by Akin, second by Sprute that, based on allegations presented in the Auditor's report, the Administrator send a letter to Police Chief Whittingham notifying him that he is suspended immediately without pay with intent to dismiss for violations of the following sections of the per- sonnel policy: 13.7C 13.71 Incompetence and inefficiency in the performance of his duties. Carelessness and negligence in the handling and control of municipal property. Also, that Police Chief Whittingham be notified of his rights of appeal. Further, Police Chief Whittingham be granted his accrued vacation and holiday pay. APIF, motion carried. 6. The Council next considered the discipline of Sergeant Churchill. While it was noted that Sergeant Churchill was involved in the gun sale and sub- sequent payment of the motorcycle bill, the violation did not appear as serious as the Police Chief. The Council considered the written statement made by the Sergeant. The Council noted that the intent of the Sergeant was not as clear cut as the Police Chief's, but also noted that he knew a City gun had been sold and not deposited in the City accounts. It was also noted that based on the Sergeant's statement, that the practice had happened before. 7. Attorney Knutson left at 7:40 P.M. 8. Motion by Mayer, second by Uhl to suspend Sergeant Churchill for 10 working days without pay. Voting for: Mayer, Uhl. Against: Akin, Sprute, Kelly. Motion failed. 9. Motion by Akin, second by Kelly to suspend Sergeant Churchill for 45 calendar days without pay. Voting for: Kelly, Mayer, Uhl, Akin. Voting against: Sprute. Motion carried. 10. Motion by Akin, second by Kelly to amend the abovementioned motion by adding "reason for the suspension is for violation of the following section of the Personnel policy: 13.7I Negligence in the handling and control of Municipal property. Voting for: Mayer, Uhl, Akin, Kelly. Voting against: Sprute. Motion carried. 11. Motion by Akin, second by Kelly to approve the original motion with the subsequent amendment. Voting for: Uhl, Akin, Kelly, Mayer. Voting against: Sprute. Motion carried. 12. The Council next considered the discipline of part time Officer Larry Pilcher. The Council noted that while Officer Pilcher was involved in the gun sale, it should be viewed in a different light because he was part time, and acting under two supervisors. Motion by Sprute, second by Akin to suspend Officer Pilcher for 10 calendar days for negligence in the handling of City property. APIF, motion carried. 13. The Council directed the Administrator to consult with the City Attorney before sending notification of the disciplinary action. 14. Motion by Sprute, second by Mayer to appoint Officer Siebenaler as Acting Chief pending his acceptance, with salary adjustment to be considered at a later date. 15. Motion by Sprute, second by Uhl to adjourn at 8:30 P.M. carried. APIF, motion Respectfully submitted, d "v~/ t7)2~ H~'2?v-~- Larr~~'homPru City Administrator Approved 4--1 ') ~ 8' S I