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MINUTES
OF THE CLOSED SPECIAL MEETING
OF THE ED= CITY COUNCIL
HEIS AT CITY HAIL OH APRIL 27, 1995
5:OO P.H.
GAIL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor
Richards. Staff present were Manager Rosland, Assistant to the Manager Smith,
Attorney David Lauth, retained by the City, Acting Clerk Rittmiller, Fire
Chief Paulfranz, Assistant Fire Chief Robinson, Attorney David Himlie,
Attorney for John Senior, Jr. and John Senior, Jr., in the matter of John
Senior, Jr. v. the City of Edina.
Mayor Richards stated the purpose of this closed meeting was to advise the
Council Members of the status of the litigation.
Attorney Lauth explained that the meeting had been called pursuant to Section
150.20 of the Edina City Code, having to do with the discipline of City
employees.
suspend, demote, transfer or dismiss employees of the City. Under Subdivision
5, a right to appeal to the City Council exists where the Manager imposes
personnel action affecting the employee as a result of prior proceedings
before the City Manager. The affected employee has the right to take an
appeal to the City Council by requesting, in writing, within five days of the
Manager's decision.
appropriate action.
Attorney Lauth presented the Council with chronological events and
correspondence occurring from December 24, 1984, to March 28, 1995, with the
termination on February 20, 1993, of John Senior, Jr., Volunteer Firefighter
for the City of Edina.
full transcriptions were provided for review.
Under that Section, the City Manager is given authority to
The Council would proceed with the appeal and take
Two previous evidentiary hearings have been held, and
Attorney Lauth summarized the events leading to the date of termination, to
the present.
Attorney Himlie stated that under Section 150.20 of the Edina Code, the Edina
City Council does have the authority to affirm, overrule or modify the action
of the City Manager.
clients dismissal as a Volunteer Firefighter for the City of Edina and the
ensuing completion of all criteria and requested his reinstatement to active
duty.
No formal action was taken by the Council and no other business was discussed.
The issue will be on the regularly scheduled public meeting May 1, 1995.
He informed the Council of the issues surrounding his