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HomeMy WebLinkAbout06.15.88 Special Council Minutes MINUTES COUNCIL MEETING SPECIAL JUNE 15, 1988 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. The purpose of the meeting was to conduct a hearing to consider the proposed dismissal of Stan Whittingham. 3. Mayor Akin opened the hearing which was continued from May 10, 1988. 4. Attorney Grannis informed the Council that Mr. Whittingham's attorney had proposed a settlement. Mr. Grannis stated that because of the threatened/pending litigation in this matter, the Council could consider the proposal in executive session. It was the consensus of the Council that any settlement be considered in open session. The Council directed Mr. Grannis to inform Mr. Whittingham's attorney of this decision. The Council recessed the hearing. 5. The Council reconvened the hearing at 7:15 P.M. Greg Corwin, representing Mr. Whittingham, stated that based on information he had received from the City, the hearing was going to escalate. Mr. Corwin stated that his client had no desire to return as an employee of the City, because it would disrupt the City and Police Department. Mr. Corwin proposed that the City accept Mr. Whittingham's resignation, and that he receive all accrued benefits and that he be allowed to resign in good standing~ Mr. 60rwiin stated the benefits were 80 hours camp time ($1280) and 25% of accrued sick leave (536 !fours / $2144). He stated that there was a dispute of 240 hours of vacation pay but he 'WOUld waive that claim. He stated he 'WOUld also waive the request for $250 for 26 weeks of tmemployrrent comp. He also stated he felt there was wrongful discha:r;ge and defamation of character and that the City would eventually pay these costs plus defense costs. Attorney Grannis stated that if he voluntarily resigns, the disciplinary action would be concluded. Mayor Akin recommended that the City not agree with the proposal because it should not barter the personnel policy. Mayor Akin recommended Mr. Whittingham resign with the vacation pay and holiday pay already granted. The other Councilmembers concurred. The Council recessed the hearing. 6. The Council reconvened the hearing at 7:40 P.M. Mr. Corwin stated that Mr. Whittingham would resign and waive any future litigation except for the compensation matters. Mr. Corwin stated that he felt he could successfully obtain the comp time for his client. Mayor Akin asked the position on the sick leave severance. Mr. Corwin stated that he would also contest that issue. Mayor Akin asked if the waiver of future litigation applied to the City and Mr. Whittingham. Mr. Corwin stated that it did. Attorney Grannis stated that it was his opinion that Mr. Whittingham would be entitled to the comp time whether he resigned or was dismissed. Attorney Grannis added that he did not feel Mr. Whittingham was entitled to the sick leave conversion severance because he was not resigning in "good standing" and 30 days notice was not given, but it could be challenged. Mayor Akin stated that the Council could accept the resignation with the payment of comp time and Mr. Whittingham could challenge the "good standing" clause. Mr. Corwin suggested the Council accept his resignation with a dispute over sick leave conversion severance. Attorney Grannis stated the personnel policy specifically stated 30 days notice, but the Council could waive that provision. Mr. Corwin stated he would only accept a dispute over "good standing". Mr. Corwin stated that Mr. Whittingham wanted to get on with his life, and that resigning in anything less that good standing could handicap Mr. Whittingham's future. Mayor Akin stated that he understood the allowance of comp time because it was earned while he was in good standing. Mayor Akin stated it could be argued that Mr. Whittingham also accrued the sick leave while in good standing. Mayor Akin recommended that the Council accept the settlement offer, that the settlement be put in final form and the Council accept it at the June 20, 1988 meeting. Attorney Grannis suggested the hearing also be continued until June 20, 1988. Mr. Corwin stated that was acceptable. Councilmember Kelly concurred with Mayor Akin's recommendation. Councilmember Mayer stated that he would like to see the sick leave dispute settled this evening. Mayor Akin stated that it appeared the cleanest way to give Mr. Whittingham the $2,144 (sick leave compensation). Councilmember Sprute stated that he had a problem with granting the sick leave, but that it could be argued that it was accrued while he was in good standing. Councilmember Kelly stated that she was also concerned with the sick leave con- version, but would agree to the settlement. Motion by Akin, second by Kelly to accept the resignation of Stan Whittingham effective immediately, to compensate Mr. Whittingham 80 hours of comp time ($1,280) and 25% of accumulated sick leave (25% x 536 hours = $2,144), that all future litigation be waived except for unemployment compensation claims, to direct legal counsel to prepare the necessary legal documents to be considered for final acceptance on June 20, 1988 and to continue the hearing until 7:15 P.M. on June 20, 1988. The motion was clarified that the legal payroll requirements (Federal withholding and so on) would have to be met. APIF, motion carried. 7. Motion by Mayer, second by Kelly to adjourn at 8:00 P.M. APIF, motion carried. Respectfully submitted, ~)7r- Larry Thompson City Administrator Approved fl,-C) /~~