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HomeMy WebLinkAbout08/24/1989HRGCiTY OF APPLE VALLEY Dakota County, Minnesota Grievance Hearing August 24, 1989 Minutes of the Fire Department grievance hearing held August 24th, 1989, at 7:30 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. Others present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, Assistant Administrator Lawell, Fire Chief Tuthill and Fire Department Members Keith Wassmund, Paul Hunsinger, Bob Nelson, Tom McMurchie, Rollie Lindeman, Jim Erb, Anita Frank and John Eibner. Mayor Branning called the hearing to order at 7:56 p.m. and apologized for the late start of the meeting. He then turned the hearing over to Mr. Sheldon. Mr. Sheldon reviewed the matter brought to the Council by Mr. Dvorak and Mr. Wassmund; which concerned filling officer positions with the Fire Department. Applicants for the positions included Mr. Dvorak and Mr. Wassmund. Other applicants were recommended for approval to fill the positions. The Fire Department rules provide that applicants will receive notice of selection before the decision is publicized. The appointments were submitted to the City Council which, because of open meeting requirements, made them public before the applicants were notified. The problem is there are Fire Department Rules, Fire Chief's Rules and the City Code. The Fire Department Rules cannot conflict with the rules of the Chief or the City. Mr. Sheldon gave a list to the Clerk of the documents which were submitted and are on file with the City Clerk. He said his review of the documents showed the applicants have had an opportunity to bring their concerns to the officers of the Department. The question is whether or not this is a grievance. No one was disciplined. The Fire Department Rules provide for two sets of grievances. The City Code only allows discipline matters to be grieved. The only person who can bring a grievance is a nonprobationary firefighter who has been disciplined by the Chief. This is not what we have here. This is an issue of management, as to how the department operates. The request for hearing was filed by only two of the applicants. There could be other issues if the other applicants were involved. The Chief is authorized to appoint officers. The Council's only action is to review matters of discipline. If the Council is going to be more involved, the ordinance should be changed if action is to be taken. Otherwise, the Council can make a determination that there is no grievance under the City Code. A resolution to this effect should be prepared and a recommendation made that the Fire Department rules be reviewed. Mayor Branning asked Mr. Sheldon if he had a recommendation on amending the ordinance. Mr. Sheldon said the Fire Department has operated, more or less, the same since it was formed in 1966. The grievance procedure has been instituted only twice; now and two weeks ago. It would be premature to change the ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota Grievance Hearing August 24, 1989 Mr. Melena agreed and said ha would suggest tha Fire Department make some changes in its procedures and rules where they conflict with the City Code or other requirements. Mayor Branning asked if anyone had any comments. Keith Wassmund said the rules and regulations state they were to be informed before the Department, as a whole, was informed. They have asked to talk with the Chief about this, but he will not. He is not following the rules and regulations and that is what they want. Mayor Branning said he has been informed about the matter and commended the Staff for keeping him appraised of this situation. Some things that have happened may not have been to everyone's liking. The Department was formed many years ago and it has worked well. He would like a recommendation to come from the Department as to what the rules and regulations should be. He will not ask someone to apologize to anyone as was requested in the letter. Dick Tuthill said the Department already has a committee looking into the rules and regulations. They did not realize there was a problem or a conflict before this came up. Mayor Branning declared the hearing closed at 8:14 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-163 finding that there is no grievance under City Code Section 10-21 in the matter brought to them by Joseph Dvorak and Keith Wassmund, related to appointment of officers; but recommending that the rules and regulations of the Fire Department be reviewed. Ayes - 5 - Nays - O. RES. 1989-163 NO GRIEVANCE FINDING The Council then continued with it's regular meeting. (Note: Though it was intended that these proceedings be tape recorded; the recording was done incorrectly and, thus, no tape is available.)