1996-03-11 CC Minutes Special
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JU.,R..-:-rvILLE cln COURCIL
SPECIAL nc&tIIE
llarch 11, 1996
Albertville City Ball
7:00 PM
PRESBB7: Mayor Michael Potter, Councilmembers John Vetsch,
Duane Berning, Curt Muyres and Sharon Anderson, City
Administrator/Deputy Clerk Garrison Hale and City Attorney Michael
Couri
Mayor Potter convened the special meeting of the Albertville
City Council to order for the purpose of dealing with employee
discipline.
The agenda was adopted by consensus of the City Council.
Employee X was asked whether the meeting was to be open or
closed. Employee X requested a closed meeting and the City
Attorney approved due to the fact employee discipline was involved.
Mayor Potter explained that the employee has received
"Employee Warning Notices" on:
(1) Positive Public Image, relating to operation of the city
snow plow (backing up)
(2) Employee smoking in city tractors (2 events)
(3) Job duty not carried out related to proper maintenance
and upkeep of hockey goals
(4) Job duty not carried out related to the proper repair of
CR 35(asphalt) water leak by 51st Street
Potter went on to inform those present that in accordance with the
Personnel Pol icy, the City Administrator has 1 evied a one-day
(eight hour) suspension without pay. The employee reviewed all the
warning notices with the Personnel Coani ttee. The Committee
confirmed the one day suspension at their February 27, 1996,
meeting and noticed the employee that if a hearing before the
Council was desired, the employee must serve written notice by
March 5, 1996, by 4:30 PM.
On March 5, 1996, the employee requested in writing a City
Council hearing to review the employee warning notices and
suspension.
Employee X introduced two witnesses that were present to
testify on issues the employee considered in question 'related to
the ordinance on smoking and employee work scheduling.
Employee X and one witness discussed the 1988 Ordinance on no
smoking and its amendment in 1993. It was their understanding that
smoking was banned in buildings and vehicles but that smoking in
the tractors was permitted since they were not technically
vehicles.
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ALBERTVILLE CITY Coo.CIL
SPECIAL MEE'l"I.G
March 11, 1996
Page 2 of 4
Mayor Potter and Councilmember Berning remember no smoking
anywhere. Further discussion ensued on who was present in the city
at the time and confusion was present.
city Attorney Couri informed the Council and employee that
there needs to be clarity on whether smoking was not clearly
allowed. Discipline may be flexible based on the ambiguities
involved.
Moved by Anderson, supported by Vetsch, to uphold the actions
of the city administrator related to smoking in violation of the
city ordinance. Further, that discipline is appropriate. Motion
carried unanimously.
Mayor Potter and Employee X discussed positive public image as
it relates to the operation of the dump truck/snow plow. Employee
X was to have backed up without regard to motorists that were
following behind. Two residents had informed the mayor and one
informed the administrator about their concerns related to the
city's plow truck operation. Employee X was supposed to have
pulled right out in front of their vehicles.
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Employee X referred to the "Minnesota Drivers' Manual" 12/94
Edition. Specifically discussed was the following portion titled
"Mobile Work Zones":
"Mobile Work Zones. Not all highway work zones remain in
one spot, some are mobile operations. For example,
utility maintenance, pavement repair, land surveying,
paint striping, and snow removal are all common types of
work zones that move frequently--and very slowly--along
the highway.
Snowplowing accidents are a common occurrence during the
winter season. Many of the accidents invol ving snowplows
are caused by motorists colliding with the rear of the
plow, or the blade on the side of the plow. Where there
are snowy or icy road conditions, be alert for snow
removal vehicles. Also, watch for dangerous snow clouds.
Because of their traveling speed and size, snowplows tend
to create large clouds of blowing snow that may conceal
the plow, making it "invisible".
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In the past, there have been as many as 100 accidents
invol ving snowplows in Minnesota each year. These
crashes result in property damage, injuries, and
sometimes death. Please remember to stay back from
snowplows; pass plows only when you can see the entire
vehicles, including the blade; and reduce your speed."
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ALBER~ILLE CITY COUNCIL
SPECIAL MEln'IHa
March 11, 1996
Page 3 of 4
Mayor Potter stated that both incidents happened during the
same snow storm and the same day. Councilmember Berning asked
Employee X if there was an awareness about almost backing into a
car on 56th Street and Large.
Councilmember Vetsch discussed blind spots, mirrors and the
hazards of backing up. Employee X concurred.
Moved by Muyres, supported by Vetsch, to dismiss actions on
the issues related to positive image on snowplowing. Further to
have snow plow operators be more careful and sensi ti ve to the
motorists when they are operating the equipment. Ayes: Berning,
Muyres and Vetsch. Nays: Anderson and Potter. Motion carried.
Employee X and Mayor Potter discussed the pothole on Main
Avenue NE (CSAH 35) located between 51st and 52nd streets.
Employee X informed the Council that they had received a quote
in Hovember 1995 for the pothole repair and deferred action due to
time of year. The city engineer had recommended taking action
during November 1995 or defer to warm weather. City Administrator
Hale confirmed the information presented.
Councilmember Berning stated a temporary patch could have been
utilized.
Mayor Potter was concerned about length of time it took to
repair the pothole. Part of Employee XiS job is to observe street
conditions and take action on items such as potholes.
Witnessed testified that the pothole was to be repaired but
the mayor asked to have catch basins cleared to allow immediate
flow of water.
Group Council discussion revolved around not performing job
duties and lack of initiative.
Moved by Vetsch, supported by Anderson, to uphold the actions
of the city administrator related to job duties not being carried
out by temporarily repairing the pothole in Main Avenue NE.
Further, that discipline is appropriate. Motion carried
unanimously.
Mayor Potter and Employee X both discussed the lack of proper
maintenance of the City-owned hockey rink goals. Employee X agreed
and took responsibility for lack of job duty performance.
Moved by Berning, supported by Anderson, to uphold the actions
of the city administrator related to job duties not being carried
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ALBERTVILLE CITY COUNCIL
SPECIAL MEE'l'IIIG
March 11, 1996
Page 4 of 4
out by performing maintenance on the City-owned hockey rink goals.
Further, that discipline is appropriate. Motion carried
unanimously.
City Attorney Couri reviewed the various Council actions taken
and then discussed the discipline process. Step 1 - Oral Warnings,
Step 2 - Written Warnings, Step 3 - Suspensions and Step 4 -
Dismissal. Couri informed the Council they had latitude on how
they wanted to proceed.
The Council of the whole discussed prior actions that had been
oral and written. Time was in order for suspension and that the
administrator and Personnel Committee recommended one unpaid day
equal to eight hours.
Motion by Berning, supported by Anderson, to combine the
motions upholding the discipline cited by the City Administrator
and suspend Employee X on Thursday, March 14, 1996, for eight (8)
hours of unpaid time. Motion carried unanimously.
Councilmembers reinforced that the ordinance banning smoking
was all inclusive.
City Attorney Couri and Mayor Potter informed the Council and
Employee X that the next disciplinary actions could be expanded on
to earn a suspension of three (3) to seven (7) days and ultimately
dismissal/termination.
Moved by Anderson, supported by Muyres, to adjourn at 8:29 PM.
Motion carried unanimously.
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Michael Potter, Mayor
ATTEST:
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Garrison L. Hale, Deputy Clerk