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c MINUTES OF THE SPECIAL MEETING OF THE <br />. EDINA VILLAGE COUNCIL HELD AT VILIAGE HALL ON <br />. TUESDAY, AUGUST 24, 1971 <br />The Special Meeting of the Edina Village Council convened at 4:30 p.m. in the <br />Conference Room. <br />VanValkenburg and Mayor Bredesen. <br />Members answering rollcall were Councilmen Courtney, Shaw, <br />ALLEN ROTHE DISMISSAL HEARING HELD. <br />lage Manager Hyde, Chief Wayne Bennett, Chief James McNellis, Assistant Chief <br />Robert Buresh, Lt. William Hansen, Fireman Theodore Paulfranz, representing <br />Local No. 1275, Mr. Edward Durkin, 5th District Vice President of the Inter- <br />national Association of Fire Fighters, and Mr. Gordon Norheim, President of <br />Local 82,.Minneapolis Fire Department and Fire Captain for the City of Minne- <br />apolis. <br />Council Meeting of August 16, 1971 to consider the request of Allen Rothe for <br />a public hearing on'his dismissal from the Edina Fire DGpartment by the Village <br />Manager, as provided for in Ordinance No. 121. Mr. Hyde read from his letter <br />to Mr. Rothe of July 23, 1971 advising him of his discharge from the Edina Fire <br />Department, which letter cited the following reasons considered for Mr. Rothe's <br />dismissal: <br />Ochers present were Mr; Allen Rothe, Vil- <br />Mr.. Hyde recalled that this meeting had been set at the Regular <br />1. <br />2. <br />3. <br />4. <br />5. <br />6. <br />October 26, 1967 - Written reprimand by Chief McNellis for not fol- <br />lowing speckfic orders. <br />February 11, 1969 - Suspended for two days for using Village elect- <br />ricity to heat a personal vehicle and portable steam unit and storing <br />personal ladders in the fire station in violation of direct orders <br />given on these two matters. <br />July 14, 1970 - Written reprimand by Chief Wayne Bennett for partici- <br />pation in making and placing a hoax bomb behind the Police Department, <br />said device being made from materials obtained from the Fire Depart- <br />ment while on duty. <br />June 21, 1971 - Servicing pick-up truck in preparation for a trip in <br />violation of directive. <br />Low response to off-duty fire calls during the past six months; fail- <br />ure to report off-duty employment. <br />Failure to get along with superiors. <br />Mr. Hyde added that his decision was based on-a written recommendation of Chief. <br />McNellis and in view of t.he fact that less severe disciplinary actions in the <br />past have failed to make Mr. Rothe realiie that he must abserve.regu1ations <br />and follow orders. Mr. Norheim, representing Mr. Rothe, said that none of the <br />violations listed constitute a violation of sufficient magnitude to get: to the <br />point of discharge and that the Village does not have a grievance procedure as <br />required by state statute. <br />and that the Village is not consistent in the enforcement of its rules. <br />added that Mr. Rothe should merely have been reprimanded, given extra duty and <br />suspended for the charges. <br />importance of the meeting of July 23, 1971 at which he was discharged, he <br />would have requested representation. Chief Bennett described the haax bomb <br />which had been placed at the rear of the Police Station and said that had <br />there been a criminal code against the placement of hoax bombs at that time, <br />Mr. Rothe would have been immediately dismissed. Chief Bennett said for the <br />record that when he said that the matter was closed, he did not mean that it <br />could not be brought up again in regard to other matters. <br />suggested that perhaps the Village Manager had not been severe enough in the <br />past. <br />fires, which fact had been acknowledged by the Village Manager. <br />ensued as to the reason that Mr. Rothe was working on his, camper while on <br />duty. <br />to his wife's grandfather's funeral. Mr. Hyde pointed,out for the record that' <br />on June 19, 1971 Mr. Rothe had requested of Lt. Hansen that June 23 be a <br />vacation day because he had wanted to leave early, and was told that this per- <br />mission must come from Chief McNellis. On June 21, 1971 Mr. Rothe asked <br />Chief McNellis if he could have June 23 off since he wanted to leave earlier <br />because of serious illness in the family. This request was granted. Mr. <br />Hyde said that Mr. Rothe having known on June 19 that he would be leaving on <br />June 23, he could have had his camper serviced on June 20 when he was off " <br />duty. Eir. Rothe said that the camper is his father's and that he could not <br />get it until the morning of June 21. He admitted that he had not asked Lt. <br />Hansen for permission to do the work. Mr. Nerheim said that Mr. Rothe had <br />already been punished severely, having been off work for over a month without <br />pay. Rothe and also been good for the entire Fire Department. Mayor Bredesen said <br />He contended that Mr. Rothe has been harrassed <br />He <br />Mr. Norheim added that had Mr. Rothe realized the <br />Councilman Courtney <br />Mr. Paulfranz spoke in behalf of Mr. Rothe's bravery while fighting <br />Discussion <br />It was brought out that Mr. Rothe'was preparing the camper for a trip <br />He added that this experience has probably made a better man of Mr.