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HomeMy WebLinkAbout19710824_specialc MINUTES OF THE SPECIAL MEETING OF THE . EDINA VILLAGE COUNCIL HELD AT VILIAGE HALL ON . TUESDAY, AUGUST 24, 1971 The Special Meeting of the Edina Village Council convened at 4:30 p.m. in the Conference Room. VanValkenburg and Mayor Bredesen. Members answering rollcall were Councilmen Courtney, Shaw, ALLEN ROTHE DISMISSAL HEARING HELD. lage Manager Hyde, Chief Wayne Bennett, Chief James McNellis, Assistant Chief Robert Buresh, Lt. William Hansen, Fireman Theodore Paulfranz, representing Local No. 1275, Mr. Edward Durkin, 5th District Vice President of the Inter- national Association of Fire Fighters, and Mr. Gordon Norheim, President of Local 82,.Minneapolis Fire Department and Fire Captain for the City of Minne- apolis. Council Meeting of August 16, 1971 to consider the request of Allen Rothe for a public hearing on'his dismissal from the Edina Fire DGpartment by the Village Manager, as provided for in Ordinance No. 121. Mr. Hyde read from his letter to Mr. Rothe of July 23, 1971 advising him of his discharge from the Edina Fire Department, which letter cited the following reasons considered for Mr. Rothe's dismissal: Ochers present were Mr; Allen Rothe, Vil- Mr.. Hyde recalled that this meeting had been set at the Regular 1. 2. 3. 4. 5. 6. October 26, 1967 - Written reprimand by Chief McNellis for not fol- lowing speckfic orders. February 11, 1969 - Suspended for two days for using Village elect- ricity to heat a personal vehicle and portable steam unit and storing personal ladders in the fire station in violation of direct orders given on these two matters. July 14, 1970 - Written reprimand by Chief Wayne Bennett for partici- pation in making and placing a hoax bomb behind the Police Department, said device being made from materials obtained from the Fire Depart- ment while on duty. June 21, 1971 - Servicing pick-up truck in preparation for a trip in violation of directive. Low response to off-duty fire calls during the past six months; fail- ure to report off-duty employment. Failure to get along with superiors. Mr. Hyde added that his decision was based on-a written recommendation of Chief. McNellis and in view of t.he fact that less severe disciplinary actions in the past have failed to make Mr. Rothe realiie that he must abserve.regu1ations and follow orders. Mr. Norheim, representing Mr. Rothe, said that none of the violations listed constitute a violation of sufficient magnitude to get: to the point of discharge and that the Village does not have a grievance procedure as required by state statute. and that the Village is not consistent in the enforcement of its rules. added that Mr. Rothe should merely have been reprimanded, given extra duty and suspended for the charges. importance of the meeting of July 23, 1971 at which he was discharged, he would have requested representation. Chief Bennett described the haax bomb which had been placed at the rear of the Police Station and said that had there been a criminal code against the placement of hoax bombs at that time, Mr. Rothe would have been immediately dismissed. Chief Bennett said for the record that when he said that the matter was closed, he did not mean that it could not be brought up again in regard to other matters. suggested that perhaps the Village Manager had not been severe enough in the past. fires, which fact had been acknowledged by the Village Manager. ensued as to the reason that Mr. Rothe was working on his, camper while on duty. to his wife's grandfather's funeral. Mr. Hyde pointed,out for the record that' on June 19, 1971 Mr. Rothe had requested of Lt. Hansen that June 23 be a vacation day because he had wanted to leave early, and was told that this per- mission must come from Chief McNellis. On June 21, 1971 Mr. Rothe asked Chief McNellis if he could have June 23 off since he wanted to leave earlier because of serious illness in the family. This request was granted. Mr. Hyde said that Mr. Rothe having known on June 19 that he would be leaving on June 23, he could have had his camper serviced on June 20 when he was off " duty. Eir. Rothe said that the camper is his father's and that he could not get it until the morning of June 21. He admitted that he had not asked Lt. Hansen for permission to do the work. Mr. Nerheim said that Mr. Rothe had already been punished severely, having been off work for over a month without pay. Rothe and also been good for the entire Fire Department. Mayor Bredesen said He contended that Mr. Rothe has been harrassed He Mr. Norheim added that had Mr. Rothe realized the Councilman Courtney Mr. Paulfranz spoke in behalf of Mr. Rothe's bravery while fighting Discussion It was brought out that Mr. Rothe'was preparing the camper for a trip He added that this experience has probably made a better man of Mr. 812417 1 that the Council would hake 'the matter under advisement and let Mr. Rothe, the Village Manager and the Fire Chief know their decision. .It was generally agreed that the Village should have a "grievance proceduretc.- INFORMAL BIDS AUTHORIZED FOR FIRE BUILDING FURNITURE KITCHEN EQUIPMENT. Mr. Hyde advised Council that the new Fire Department Building would be ready by Oct- ober 1, 1971, and requested permission to award informal bids up to $2,000, since it is anticipated that the purchase of the furniture will be split between at least two companies. for kitchen equipment. ority to the Village Manager was seconded by Councilmgn Shaw and carried, with Councilman VanValkenburg voting ?Nay1*, because he believed that there should be written specifications for the items to be purchased. Elr. Hyde advised the Council that the architect is reasonably sure that the total cost of the new Fire Department Building will not exceed $330,000, against estimted cost of .;' $353,000. struction. ,. No further business appearing, Councilman VanValkenburg's motion for adjournment was seconded by Councilman Shaw and carried. He requested permission also- to spend approximately $1,100 Councilman Courtney's motion granting the requested auth- D He added that there will be some additional cost for street con- Adjournment at 5:45 p.m.