11-14-1988 Council Minutes - Laserfiche WebLink

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F Y' MINUTES OF THE ORONO COUNCIL MEETING OF NOVEMBER 14, 1988 ADMINISTRATIVE ACTION CONTINUED " that the off -duty possession of fire arms is not prohibited. There was also no cross - reference made as to the use of intoxicants. Bernhardson explained that he was not solely using one or the other of those particular rules. He was relating the entire incident to various rules concerning misconduct. He further explained that Officer Tomcheck acted in an "on- duty" capacity even though he was off -duty. He caused such a problem by doing so, that had he not been carrying his service revolver, discipline would still have been forthcoming. Councilmember Goetten concurred with Nettles in that she could not ascertain exactly what rules Officer Tomcheck had violated. Bernhardson reiterated the potential danger Officer Tomcheck placed not only himself, but the Officers called to assist him. His conduct was very inappropriate. If each of the violations occurred separately, they would not have been as much of a concern, however, put together, they constituted a very serious situation. The question on Acting Mayor Peterson's Motion was called. Motion, Ayes =1, Goetten, Nettles, Nay. Councilmember Nettles interpreted the situation as he understood it to be. He concluded that what actually needed to be done was to provide a written reprimand for Officer Tomcheck's • file so that the City would be on record as not condoning his actions. Councilmember Goetten concurred with Nettles. She felt that the City should perform some kind of reprimand, but the two - day suspension seemed too severe. Acting Mayor Peterson asked about the length of time the written reprimand would remain in Officer Tomcheck's file. City Administrator Bernhardson responded that the Council could determine a time limit. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to issue a written reprimand to be placed in Officer Tomcheck's file, outlining the violations of the Police Department regulations, as well as the City Rules, and explain why Officer's Tomcheck's activities were undesireable to the City. In addition, the written reprimand would remain in his file permanently. Motion, Ayes =2, Peterson, Nay, Motion passed. APPOINTMENT OF AUDITOR FOR 1988 It was recommended by City Administrator Bernhardson to appoint the audit firm of Pannell Kerr Forster, to perform the required audits of the 1988 fiscal year records. Councilmember Goetten inquired about receipt of the Certificate of Achievement. Bernhardson said he had not heard anything, but it takes 4 to 6 months to receive it. It was moved by Councilmember Goetten, seconded by • Councilmember Nettles, to appoint the audit firm of Pannell Kerr Forster to perform the required audits for the 1988 fiscal year at an estimated cost of $14,000, plus direct expenses. Motion, 0