HomeMy WebLinkAbout02-20-1988 Council Minutes Special Meeting�t
22588.3 p4-1'
SPECIAL ORONO COUNCIL MEETING
DISCIPLINARY APPEAL — FEBRUARY 20, 1988, 9:00 A.M.
Mayor Grabek called the meeting to order at 9:00 A.M. with the
following Councilmembers present: Mayor James Grabek,
Councilmembers J. Diann Goetten, Barbara Peterson and Edward
Callahan, together with Mark Bernhardson City Administrator, Doug
Seaton City Attorney, John R. Gerhardson Public Works Director
and Jack Brinkhaus Street Foreman.
Mayor Grabek stated that the reason for the meeting was the
appeal by City employee Jerome Smith of a disciplinary action
resulting in a five day suspension without pay. Doug Seaton City
Attorney explained that this was an informal hearing, at the
request of Mr. Smith, to allow him his right to appeal - the
decision of the staff and Council regarding his disciplinary
action together with the proposed procedure.
Mayor Grabek asked Mr. Smith if he agreed with the format?
Mr. Smith stated that he did not wish to go into the reasons of
the disciplinary action, only to state that he felt he was denied
his constitutional rights because he was not allowed to have his
attorney present during any questioning. Smith also stated that
he was told in September 1987 that he would be given a decision
by the Administrator in 30 days of the action if any was to be
taken and that he did not receive notice of suspension until
January 1988.
Doug Seaton explained that he was allowed representation not by
an attorney but would have been allowed to have another employee
present.
Mark Bernhardson, City Administrator, stated that due to the
seriousness of the complaint that it was necessary to take the
time that it took to arrive at a decision.
Mayor Grabek asked Smith if there was anything else that he
wished to add.
Smith stated that he was denied access to the reports unless he
signed a Hold Harmless Agreement, which he refused to do.
John Gerhardson, Publ.ic Works Director, showed the Council a copy
of the Hold Harmless Agreement and stated that he suggested to
Smith that he have someone else review the document before he
decided to not sign the release.
aCouncilmember Callahan asked Smith if that was true. Smith said
yes.
Mark Bernhardson stated that following the Council action of
January 25, 1988 Smith was again offered the report if he would
•
complete a standard form requesting information, which Smith
also declined.
•
Smith stated that he had nothing else to present.
Mayor Grabek stated that if Smith wished to pursue his claim that
he was denied his constitutional rights he would have to do so on
his own.
Mayor Grabek moved, Councilmember Callahan seconded to uphold the
five day suspension without pay. Ayes 4, Nays 0.
Councilmember J. Diann Goetten moved, Councilmember Peterson
seconded to adjourn the special Council meeting at 9:37 A.M.
Ayes 4, Nays 0.
J -- --- - -- --- -- '— y--- - - - - --
Jam s R. Grabek, Ma "or
IN