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’ • <br />Request for Council Action continued <br />Page 2 <br />June 26, 1998 <br />Update Regarding the Status of Officer Mark Thornton <br />Veteran’s Preference <br />Because Officer Thornton is a veteran, any action regarding a termination requires that he be <br />provided with a notice of his veteran's preference rights. Officer Thornton may have the right to a <br />veteran's preference hearing. The hearing would involve a determination as to whether the <br />termination is justified. Upon receipt of the notice. Officer Thornton has 60 days within which to <br />indicate whether he wants a hearing. The hearing would involve a hearing panel whose <br />determination would be binding on the parties. <br />Grievance Process Under the Police Officer Collective Bargaining Agreement <br />Officer Thornton has the right to file a grievance regarding the City's termination action. The final <br />step of the grievance process is an arbitration process in which a third party arbitrator makes a <br />determination as to whether the City's termination action was conducted properly and with cause. <br />The decision of the arbitrator is binding on both parties. <br />Staff Recommendation <br />It is staffs recommendation that when Officer Thornton's 12 week Family and Medical Leave Act <br />leave expires on June 30,1998, the City will provide a letter to Officer Thornton indicating that due <br />to his inability to perform the duties of a police officer he is being terminated from his police officer <br />position, and notifying him that he may have rights under the Veteran's Preference Act. <br />COUNCIL ACTION REQUESTED: <br />Motion to authorize the City Administrator to commence the termination process regarding Mark <br />Thornton, including notifying Officer Thornton that he may have rights under the Veteran's <br />Preference Act.