Loading...
HomeMy WebLinkAbout10-19-88 r • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 19, 1988 The meeting was called to order by Mayor Zaun at 7:00 p.m. Roll call was taken... Present: Councilmembers Harvey, Nelson, Enright, Sindt, and Mayor Zaun. Also present: Roger Knutson and Patrick Farrell, City Attorneys; Patrick McGarvey, City Administrator/Clerk; Richard Radermacher, Chief of Police; and Greg Grose, Assistant Chief of Police. At this time, Mayor Zaun took up the request from Mr. & Mrs. Stewart for a grading permit for Marion .Village by the Lake preliminary plat. Mr. Harry Johnson presented the request for the Stewarts. The City Administrator advised the Council that the grading contract had been signed by the developer, and the City had certified checks in its possession for-the required amount of security. The city engineering consultant submitted a letter approving the grading plan. Councilman Harvey expressed his concern that the approval process had been hurried up to accommodate the developer. 88.509 Motion was made by Enright, seconded by Sindt to approve the grading permit for the Stewarts for the Marion Village by the Lake and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Nays, Harvey. At this time, Mayor Zaun opened the public hearing on the charges brought by the City of Lakeville for the purpose of determining whether to suspend, demote or terminate Gregory Grose, Assistant Chief of Police. Mayor Zaun asked Greg Grose if he had anything he wished to say to the Council at this time. Mr. Grose indicated that he was repre- sented by his attorney, Jim Jorgenson, who was present, and that his attorney would make any statements. Mr. Jorgenson stated that he would wait until after the City Attorney speaks before making any statements. At this time, Roger Knutson, City Attorney, stated that the charges are for conduct detrimental to the operation of the department and the management of the department by the Chief of Police through statements and actions made by Mr. Grose over a period of years in and outside the department. These charges are in addition to the recent case of misuse of the BCA computer system. Mr. Knutson outlined the procedure and requirements at the hearing this evening and for the future events as they would be carried out under the Veterans Preference Law of Minnesota. • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 19, 1988 At this time, the Chief of Police, Richard Radermacher, spoke and outlined the history of the conflict between himself and Assistant Chief Grose and how it had been detrimental to his management of the department and the total operation of the department in and outside of it. Patrick Farrell asked Mr. Radermacher if it was only a personality conflict between the two men, or did it affect the performance of them. Mr. Radermacher indicated that it was more than a personality conflict and that in his opinion, Mr. Grose's performance was adversely affected as well as his own. Mr. Farrell asked Mr. Radermacher if he felt Grose's presence in the department would undermine and adversely affect a new chief of police.. Mr. Radermacher stated in his opinion, Mr. Grose's continued employment would undermine a new chief of police. Mr. Farrell asked Mr. Radermacher if Grose's presence and activity created conflict in the department, and Mr. Radermacher stated that it did, Mr. Farrell once again asked Mr. Radermacher if Grose's continued employment in the department would cause problems in his opinion for a new chief of police, and Mr. Radermacher indicated he felt it would. Mr. Farrell asked Radermacher if he felt the violation of the BCA computer criminal justice information system affected Grose's ability to perform as a police officer, and Radermacher indicated he felt it had an adverse affect, Councilmember Sindt asked Mr. Radermacher if at any time Mr. Grose .came to him and asked to discuss with him Radermacher's administra- tive abilities or style, and Radermacher indicated that the situation as asked never occurred. Jim Jorgenson, attorney representing Greg Grose, stated that in his opinion, the problem in the department is really that the chief has not been an effective manager or chief of police. He indicated that Radermacher wrote a letter of commendation in March of 1986 to Grose. for being a good acting chief of police during the five months that Radermacher was off duty. Mr. Jorgenson indicated he felt the charges expressed by the chief were stale, vague, and were being presented by an outgoing chief of police. Larry Chandler, a citizen, asked how the computer violation affected Mr. Grose's credibility as a police officer in the community. Councilman Harvey indicated that he felt their behavior was not very becoming of a police officer management person. He indicated there was a Council committee report in March of 1987 that said, "knock it off", and that neither party followed the advice of that report. He indicated that the Council had asked Professor Ring at the Council 2 • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 19, 1988 work session in September, 1988, if management changes, plural, were needed in the department, and remind the Council that the professor indicated in his opinion that changes needed to be made at both the chief and assistant chief level. Councilmember Sindt asked Mr. Grose if he ever used the opportunity to talk to Rich or others in the chain of command over what he perceived to be management problems. Mr. Grose indicated that he had met with the Personnel Committee in the spring of 1987 and had input to their study. Mayor Zaun asked .Grose if he felt he could work with Radermacher in the department in the future in a cooperative and active manner. Grose indicated he felt he could work with Radermacher and the department in other positions than what they now hold. Grose indicated that he had told his lawyers to get the issue in the misuse of the computer case settled, as it had been dragging on in his opinion. Tom Asbell indicated that from his position in the community with his employment, he felt that comments he was hearing leaned toward Greg Grose not losing his job over these matters or issues. Councilman Nelson indicated he felt that the history of this case is like two tom cats with their tails tied over a fence. He indicated in his opinion that the conflict had caused internal problems in the police department more so than outside problems. Councilmember Enright asked if the conflict would go away with a new chief of police. Mr. Radermacher indicated he didn't feel the conflict would go away entirely with a new chief of police. Council- member Enright asked if we should continue to use Professor Ring to help the new chief address the issues and problems stated in Ring's report. Mr. Radermacher indicated that the report would serve as valuable information to a new chief. Mayor Zaun asked Mr. Grose or Mr. Jorgenson if they wished to comment on the proposed settlement agreement. Mr. Jorgenson indicated that he didn't feel the settlement agreement should be discussed at a meeting such as this, and Mr. Farrell indicated that his advice to the Council was to not sit and negotiate any type of a settlement agreement at a hearing. Councilmember Sindt asked Radermacher and Grose what their future goals were. Mr. Grose stated that he had been working on the street for over the past year and was satisfied with his work as an officer out on the street rather than in the office and would be so in the future. 3 • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 19, 1988 Mr. Radermacher indicated he felt he will be happy working on the street as an officer at least for a while in the future. 88.510 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Time: 8:22 p.m. At this time, Roger Knutson outlined the options available to the Council. They included: 1) Do nothing. 2) Demotion. 3) Dis- missal. 4) Suspend without pay if it involves no demotion or dismissal. 5) Suspend with pay now or in the future and proceed for demotion and/or dismissal. Councilman Harvey indicated that there is always a feeling, "hope springs eternal", but in this case, he feels it does not run forever. While everyone in the room would like to have cooperation and service from these employees, he did not feel that would be forthcoming. 88.511 Motion was made by Harvey, seconded by Sindt to direct the City Attorney to prepare findings for the termination of employment by Greg Grose from the Lakeville Police Department and to present them at the November 7, 1988, Council meeting for consideration of adoption. Mayor Zaun asked if other actions could be taken by the Council on November 7th that would be different from the stated motion. Mr. Knutson stated that the Council would have the latitude to discuss and adopt a different course of action . Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. Nays, Enright. At this time, the City Council took up consideration of the appoint- ment of a city engineer to the staff of the City of Lakeville. Mayor Zaun indicated that he had interviewed the two finalists and felt that Mr. Rodeberg was a more qualified person. Mayor Zaun indicated that he would not vote against either candidate and would respect the wishes of the Council if they chose to offer the position to Mr, Nelson. Further discussion occurred on the two candidates. 88.512 Motion was. made by Sindt, seconded by Harvey to approve the appoint- ment of Keith Nelson to the position of City Engineer, with a beginning salary of $4,000 per month, a $350 per month car allowance and 15 days of vacation to be granted to Mr. Nelson for use during the first 12 months of employment, and 15 days of accrual during each 4 • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 19, 1988 12 month period thereafter, until such time as the adopted vacation schedule for exempt city employees provides for additional vacation time. All other benefits are to be the same as set by the Council from time to time for exempt class employees of the City. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.513 Motion was made by Harvey, seconded by Nelson to adjourn the special council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Time: 8:50 p.m. Respe f 1 ubmit d'~ atrick E. McGarvey, City Clerk D ane Zaun, ay r 5