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�t <br />22588.3 p4-1' <br />SPECIAL ORONO COUNCIL MEETING <br />DISCIPLINARY APPEAL — FEBRUARY 20, 1988, 9:00 A.M. <br />Mayor Grabek called the meeting to order at 9:00 A.M. with the <br />following Councilmembers present: Mayor James Grabek, <br />Councilmembers J. Diann Goetten, Barbara Peterson and Edward <br />Callahan, together with Mark Bernhardson City Administrator, Doug <br />Seaton City Attorney, John R. Gerhardson Public Works Director <br />and Jack Brinkhaus Street Foreman. <br />Mayor Grabek stated that the reason for the meeting was the <br />appeal by City employee Jerome Smith of a disciplinary action <br />resulting in a five day suspension without pay. Doug Seaton City <br />Attorney explained that this was an informal hearing, at the <br />request of Mr. Smith, to allow him his right to appeal - the <br />decision of the staff and Council regarding his disciplinary <br />action together with the proposed procedure. <br />Mayor Grabek asked Mr. Smith if he agreed with the format? <br />Mr. Smith stated that he did not wish to go into the reasons of <br />the disciplinary action, only to state that he felt he was denied <br />his constitutional rights because he was not allowed to have his <br />attorney present during any questioning. Smith also stated that <br />he was told in September 1987 that he would be given a decision <br />by the Administrator in 30 days of the action if any was to be <br />taken and that he did not receive notice of suspension until <br />January 1988. <br />Doug Seaton explained that he was allowed representation not by <br />an attorney but would have been allowed to have another employee <br />present. <br />Mark Bernhardson, City Administrator, stated that due to the <br />seriousness of the complaint that it was necessary to take the <br />time that it took to arrive at a decision. <br />Mayor Grabek asked Smith if there was anything else that he <br />wished to add. <br />Smith stated that he was denied access to the reports unless he <br />signed a Hold Harmless Agreement, which he refused to do. <br />John Gerhardson, Publ.ic Works Director, showed the Council a copy <br />of the Hold Harmless Agreement and stated that he suggested to <br />Smith that he have someone else review the document before he <br />decided to not sign the release. <br />aCouncilmember Callahan asked Smith if that was true. Smith said <br />yes. <br />Mark Bernhardson stated that following the Council action of <br />January 25, 1988 Smith was again offered the report if he would <br />