11-19-96 SCCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
SPECIAL COUNCIL MEETING
7 P
COUNCIL CHAMBERS
NOVEMBER 19, 1996
1 Vice Mayor La= Fournier will call the meeting to order in Mayor Norman F
Freske's absence.
VM Fournier called the Special City Council Meeting to order at 7 PM.
MLCall,: Council members: Suzanne Ackerman, Ron Black, Vern Heidner and Acting
Mayor Larry Fournier.
Absence: Mayor Norman F. Freske
staff- Andrew MacArthur, City Attorney; Elaine Beatty, City Clerk/Zoning Administrator
and Judy Hudson, Deputy Clerk.
Turn the meeting over to the City Attorney, Andy ive n overview.
VM Fournier: Item 2 on the Agenda, I will turn the meeting over to our City Attorney,
Mr. Andy MacArthur. Andy.
Mr. MacArthur: Thank you Mr. Mayor. The purpose of this meeting is set forth on the
Agenda. First of all, provide an opportunity for the employee affected by the proposed
action in the Resolution that is in your Agenda Packet to provide individual response to
that proposed action. As you recall, at the last Council Meeting Notice of Intent to
eliminate the two positions was served on the employee and a date for a hearing was set.
Since that time, she has indicated that she wanted to be represented by counsel. I have
been in contact with the counsel's office and due to problems with their schedule we have
reschedule this meeting from Monday to where it is right now.
I have also provided them with a copy of the unapproved minutes which you have to of
the last meeting and of the proposed Resolution draft. The Resolution I have tonight a is
exactly the same without with the that I have for possible action was exactly the same but
that the draft portion is just taken out.
The response for the employee to this matter has to be held in a Public Hearing because it
does not involve performance. It not an evaluation of performance. It is a Council
decision as to whether or not the position should continue, be eliminated in a
reorganization and those duties contracted out to a independent contractor. Because there
is a contract between the City and the employee. They do have a right to a limited due
process in this matter. And that's the purpose of this Hearing. It is not a Public Hearing.
It is not a Hearing for purposes of taking general public comment on this matter. It is a
Hearing for her and her representative to respond to the issue of whether or not these jobs
should be eliminated and why or why not. The response must be material to the proposed
reorganization or to the elimination of the salaried position. As I indicated, it is a open
meeting. I can not close a meeting under under the open Meeting Law except for
evaluation performance. So I want to remind the Council that due to the circumstances
any mention of evaluation performance or anything that even comes close to that cannot
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 2.
be of commented on by the Council and I would strongly suggest that they do not do so
because of Data Privacy considerations.
After the employee has had a chance to provide whatever response they want to provide.
And I would say that we do still control the meeting and that if the response gets too off
of the issue that as the presiding officer, Mr. Acting Mayor, you have the authority to
discontinue that whenever it becomes repetitive or not to the point.
At the November 12 meeting, the Council took the following action. They directed a
Notice of Intent to eliminate the position was served. Placed the employee on Paid
Administrative Leave. Appointed Judy Hudson Treasurer.
The Contract in question in this action contemplates possible elimination of position in the
Contract. According to that Contract, we are, however, required to give three months
notice of elimination of that position. And so, we are bound no matter what happens, we
are bound to three months payment and benefits through that three month period. We
will, the City will, honor that portion of the contract no matter what your action is here
today.
Because of the Data Privacy considerations too, I'll do, what I'll do will briefly summarize
what the City's position in my interpretation of the minutes of the last meeting is.
The City was originally incorporated as a City in 1990. In 1995, the City Council made a
decision that they needed to establish positions of Finance Officer and Director of
Economic Development. This position was formulated and was understood at that time
that they may or may not have been, you know, the right action to take at that time. But
that was the Council's view at that time.
Throughout the period of the last couple years, the Council has been able to view that
position and they have made various inquiries to different people knowledgeable in the
area and the conclusion they have come to is that first of all, the main duties of the job are
not a full time position. We are paying approximately $52,000 or more in salary plus
benefits to have a job that could be contracted out for an hourly rate at estimated 15 to 20
hours per week. It has also become obvious that economic development position can
either be contracted out as at various times when needed or it can be put into a City
Administrator job.
The other thing, conclusion that the Council came to at that time was they seriously
needed to consider looking at hiring a, possibility of hiring a City Administrator. And at
that November 12 meeting they made a motion to appoint a sub -committee and that
subcommittee was suppose to report back to the Council with a job description and
information regarding the City Administrator and what the needs of the City would be to
start that process going. It is possible that the Economic Development part of that job
could be made part of a City Administrator job.
The City Council took this action in the beginning of a reorganization which included
initiation of this action and appointment of a subcommittee to report back with the steps
necessary to reevaluate the need for a City Administrator. They also asked to look into
other things like contracting out the minutes, and other, and contracting out snow plowing
and other matters that would save the City money.
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 3.
The'issue to be addressed tonight is the advisability of eliminating this position. I would
ask that the Mayor direct the responding party to stay within those parameters. I would
also, once again, advise the Council that under the circumstances not to make any
comment on anything remotely related to job performance. I would also advise the
Council that they have no obligation to respond to any questions or accusations. And I
would advise them not to. I would also remind the Mayor that he is control of this
proceedings that should, comments become repetitive, belligerent or irrelevant he close
this portion of the meeting. I would also like to state that once the meeting goes back out
of this portion of the meeting that it would go back to our consideration of Resolution. At
that point, you have no obligation to take any comments from the general public, but that's
a decision that you can make at that point.
That's all I have at this point.
AM Fournier: Thank you Mr. MacArthur. Item 3.
3 Employees response to proposed elimination of the position of Director of
Business/Finance and Director of Economic Development"
AM Fournier: I suggest strongly that you stay within the parameters that have been set.
Robert Boedigheimer: Thank you and how would you prefer I address you, Mr. Fournier.
By Mr. Fournier or Mr. Acting Mayor or what would like me to address you as.
AM Fournier: Acting Mayor.
Mr. Boedigheimer: Acting Mayor. We will do our best to stay within those parameters
and to start with than lets set those parameters by making it very clear that Ms. Cokley,
am I correct, is it not being terminated or her position is not being eliminated for any
performance reasons what so ever. Is that right?
AM Fournier: That is correct.
Mr. Boedigheimer: Okay. And they are like wise, not being, she is not being eliminated
or terminated for any issue of malfeasance or nonfeasance, correct?
AM Fournier: That is correct.
Mr. Boedigheimer: all right. In order for Mr. Cokley to properly respond or to respond at
all to the Council decision we need to try to understand some of the background of the
Council's investigation and decision to, intent to eliminate this position. I understand there
was a meeting of the Council on November 12, 1996 at which time a Notice of Intent to
eliminate this position was moved. Correct?
AM Fournier: That is correct.
Mr. Boedigheimer: All right. And there was also at that meeting a motion to set a date
for the Mr. Cokley to respond to that intent, correct?
Mr. MacArthur: That's correct.
Mr. Boedigheimer: And that's today, today is the date of that opportunity to respond.
Mr. MacArthur: The original date was Monday. We changed it for your convenience.
Mr. Boedigheimer: Okay. Now at the meeting of the 12th, we received a draft of the
Council's minutes from that meeting. Mr. Fournier, you read a statement at that meeting
with regards to this decision process, correct?
Mr. MacArthur: I'll respond for the Council. That is correct.
Mr. Boedigheimer: And that was a read statement, correct.
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 4.
Mr. MacArthur: That's correct.
Mr. Boedigheimer: Who prepared that statement?
Mr. MacArthur: I believe Mr. Fournier did.
Mr. Boedigheimer: Okay.
Mr. MacArthur: Now before you continue we are not going to go through a cross
examination process.
Mr. Boedigheimer: We're not. We are trying to find out what was the basis for this
statement. What was done. What did this Council do to determine that economically this
position was not necessary.
Mr. MacArthur: And the minutes speak for themselves.
Mr. Boedigheimer: Okay. Well then lets talk about those minutes. As of the 12th, the
meeting of the 12th, that position wasn't eliminated, correct.
Mr. MacArthur: That's correct.
Mr. Boedigheimer: Now also at that meeting, there was a motion to place Ms. Cokley on
Administrative Leave based on the minutes. Is that right.
Mr. MacArthur: That's correct.
Mr. Boedigheimer: And that was made at your recommendation, Mr. MacArthur.
Mr. MacArthur: That was made. I recommended that as being as one of the procedures
that could be taken if they wished.
Mr. Boedigheimer: What interest, property, security or otherwise were jeopardized by
keeping Ms. Cokley on the job pending her due process hearing, if any?
Mr. MacArthur: I really don't know the potential. I am not in this office and the potential
what's in there and what's not there. That's a common procedure that's taken in these type
of matters.
Mr. Boedigheimer: So other cities react in the same manner. Immediately there is a
placement of Administrative Leave of any position that is to be eliminated pursuant to
reorganization.
Mr. MacArthur: Some cities do, some cities don't.
Mr. Boedigheimer: Okay. Well, I am wondering because the minutes clearly state that ---
Mr. MacArthur: The unapproved minutes.
Mr. Boedigheimer: The unapproved minutes, I assume these were taken per a recorder,
these were recorded.
Mr. MacArthur: Yes, they were.
Mr. Boedigheimer: And they were transcribed from that recording.
Mr. MacArthur: Yes, they were.
Mr. Boedigheimer: All right. And. Is there any reason to be believe they were not
recorded, transcribed correctly or accurately.
Mr. MacArthur: Until the City Council approves them, they are unapproved.
Mr. Boedigheimer: All right. Well the minutes unapproved or not do clearly state not
only quote, believe this is you speaking Mr. MacArthur "not only accommodate the
person that's affected but also to maintain whatever the security the City needed". I think
that's what the guys need to do for the best interests of the City, property and well being
of the City".
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 5.
What I am trying to find out is what security interest, property interest or best well being
of the City were at jeopardy keeping her on in her position pending a full due process
hearing.
Mr. MacArthur: And as I already replied it wasn't clear, I don't know what's in the office.
That was a general recommendation.
Mr. Boedigheimer: Okay. You had Ms. Cokley immediately remove her belongings that
evening, correct.
Mr. MacArthur: Incorrect. Not correct.
Mr. Boedigheimer: Did you ask her?
Mr. MacArthur: The only thing I asked her was for the key, it was her decision to remove
her possessions.
Mr. Boedigheimer: Okay. So she could have left them all there.
Mr. MacArthur: Correct.
Mr. Boedigheimer: But you had her hand in the keys to her office and City property.
Mr. MacArthur: That's true.
Mr. Boedigheimer: What was the reason for that.
Mr. MacArthur: Just as stated in the motion.
Mr. Boedigheimer: As stated in the motion. Can you tell me where it is stated in the
motion as to the reasons for her to hand in her keys or that it is even stated in the motion.
Direct me to that Mr. MacArthur.
Mr. MacArthur: I think it said possible security.
Mr. Boedigheimer: All right. Your referring to the statement that I have talked about that
you made suggesting to the Council that they place her on Administrative Leave.
Mr. MacArthur: That's correct.
Mr. Boedigheimer: All right. Now, Mr. Fournier, in your statement to the Council you
state "it has become apparent" and Mr. MacArthur, you talked about that tonight, "that
over the last couple of years it has become evident that this position which was created in
1995 was not economically feasible or did not make the best economic sense for the City"
Is that right?
Mr. MacArthur: That's, that's what the minutes indicate.
Mr. Boedigheimer: Okay. Who did and what did they do to make that determination.
Was there a committee created, a subcommittee of any form created to examine or look at
this position and make determinations as to its economic viability to the City.
Mr. MacArthur: As far as I know there was no subcommittee. Council members are free
to examine workings of the City, as the employers, as they choose.
Mr. Boedigheimer: All right, but am I correct that there is a recommendation presently
before this Council to create a subcommittee to look at the elimination of other City jobs,
is that right?
Mr. MacArthur: The motion in front of, from there was to create a subcommittee to look
into hiring a City Administrator and attended on that I believe there was also mention of
possible reevaluation of other City jobs.
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 6.
Mr. Boedigheimer: All right. Well then attendant to that is a subcommittee recommended
to this Council to be created to look at all other City jobs and City functions to determine
whether they could also be eliminated as part of this reorganization measure.
Mr. MacArthur: At this point, the only subcommittee appointed is to look at a City
Administrator.
Mr. Boedigheimer: When will there be a. Looking at your Resolution you drafted for
tonight eliminating the positions of Business/Finance Director and Director of Economic
Development. I am looking at now therefore, excuse me, number eight: elimination of this
position is merely the first step in a reorganization of the City which will include the
following: Reevaluation of other City jobs. Is that going to be pursuant to a
subcommittee created?
Mr. MacArthur: That's the Council decision.
Mr. Boedigheimer: Is that being recommended.
Mr. MacArthur: I am not making a recommendation in this draft resolution, I am I am
incorporating what was in the minutes to Resolution form.
Mr. Boedigheimer: Okay. So then looking back at the minutes from November 12th, Mr.
Fournier makes it clear, " I would like to do following as soon as possible. To have the
Mayor appoint the same or another subcommittee to report back about the cost of
contracting out other services including the taking of minutes and snow plowing and to
initiate a preliminary evaluation of all City jobs." What I am trying to find out is a
subcommittee going to be appointed to look at the elimination or preliminary evaluation of
all other City jobs?
Mr. MacArthur: From the from what the minutes reflect that's his intention. It hasn't been
done yet. That's for a decision to be made in the future and that's up to the Council.
Mr. Boedigheimer: Okay. Why was that not done in this case? Why was there not the
creation of a subcommittee to look at economic feasibility of this position and make a
decision on it. What, there was none, correct. There was no subcommittee created. Mr.
Fournier just told me that. And I am asking why there wasn't. Was that just a decision
the Council made.
Mr. MacArthur: A subcommittee does not have to be appointed to evaluate a position.
Any Council member can bring up.
Mr. Boedigheimer: Okay and Mr. Fournier you in fact did that, correct. You made an
evaluation or initiated an investigation and evaluation into the economic feasibility of this
position.
Mr. MacArthur: You don't have to answer him.
Mr. Boedigheimer: What, investigation was done into economic viability of this position.
Mr. MacArthur: I think the minutes reflect what investigation was done.
Mr. Boedigheimer: No other whatever these minutes reflect is a contain all. This contains
everything the City did, correct?
Mr. MacArthur: Well I am sure it didn't contain every every conversation that the City
had. I didn't think it, I don't it considers every observation that the City Council members
had well going about there, no it doesn't.
Otsego City Council Special Meeting of November 19, 1996, contd. Page 7.
Mr. Boedigheimer: That's what we're trying to find out here. What observations, what
communications, what conversations, what studies. What was done, other than a
November 12th meeting at which a recommendation was made. That's what I am trying
to find out. For us to respond to this, we need to know what was done. We can go
through job specifications, job duties, job descriptions and find out specifically who is
going to take them over.
Mr. MacArthur: But that is not the issue.
Mr. Boedigheimer: The issue is the position can be eliminated because it is not
economically sensible for the City, correct.
Mr. MacArthur: Correct.
Mr. Boedigheimer. All right.
Mr. MacArthur: And they have, as you can seen in your agenda packet, they have quotes
from other financial persons saying that they will do the contracted job, it is a 15 to 20
hour job and they can do it at a hourly basis.
Mr. Boedigheimer: Were these, was this study done in your capacity as Mayor elect,
Mayor to be or was it in your capacity as Council Member.
VM Fournier: Want me to answer that Andy, do you want to.
Mr. MacArthur: No. He is a Council member now. Would have to be in that capacity.
Mr. Boedigheimer: So the initial part of his statement to the Council on November 12th
with regards to the election process that's just, we should just pay no attention to that. Is
that what I am hearing. I guess I can quote some of it. During that time I spent many
hours knocking on the doors of Otsego residents. I listened to many concerns which they
shared with me. There were issues which I heard more often than others. The issues I
will be dealing with tonight deals with how we spend their tax dollars." and it goes on to
say "On Election Day I believe I received a mandate from our citizens". So it seems to me
to imply that he is making these decisions and recommendations and these investigations
in his capacity as Mayor to be. Is that right.
Mr. MacArthur: I, the only capacity he could make it is as Council member. That's what
he is right now. Mayor elect is no not ---
Mr. Boedigheimer: What procedures does the City of Otsego have providing Council
Members, individual Council members with the authority to go in and investigate or
evaluate certain positions within the City. Is there anything I can look at.
Mr. MacArthur: There is nothing you can look at. It is common throughout cities that
Councilmembers will become interested in certain issues and certain items and certain jobs
and they will independently look at those issues.
Mr. Boedigheimer: Why did Mr. Fournier independently become interested in this
particular issue.
Mr. MacArthur: I have no idea, I thought I imagine he thought it was it had to do with
the best interests of the City.
Mr. Boedigheimer: Now you haven't conducted any performance reviews or evaluations
of the individual affected by this decision, the individual in the position of
Business/Finance Director and Director of Economic Development, correct. Through her
years in that capacity.
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 8.
Mr. MacArthur: I think, if I am correct wasn't there one. I think there was one
evaluation.
Mr. Boedigheimer: Well then lets go back and find out more about these conversations,
communications, observations. What in addition, to that which is contained in these
minutes, that the City do in examining the elimination of the position of Director of
Business and Finance and Economic Development.
Mr. MacArthur: I would imagine there are additional matters that the City, conversations
they had which would be reflected in fact they have quotes there as to what they
particularly are I don't know. As to what investigation they have to go through to
eliminate the position they just have to make a Council decision that they believe the
position is economically untenable.
Mr. Boedigheimer: Okay, but then they also have an obligation to establish that, correct.
Mr. MacArthur: They established it.
Mr. Boedigheimer: Or if they don't establish it then there is a fourteenth amendment and
the possible equal opportunity violation of the Constitutional rights of Ms. Cokley, is that
right. If they don't establish it, this is just
Mr. MacArthur: Well I think in those quotes you have a basis enough of a basis there.
Mr. Boedigheimer: Okay. So your not going to allow me to go into any other
communications, whom they were with, when they were made.
Mr. MacArthur: Not at this point, no, and especially since they did indicate that you
would most likely be commencing some legal action.
Mr. Boedigheimer: Who indicated that we would be most likely commencing legal action.
Mr. MacArthur: Mrs. Cokley's husband.
Mr. Cokley: No, I did not.
Mr. Boedigheimer: Mrs. Cokley's husband? Is he a lawyer?
Mr. MacArthur: No
Mr. Boedigheimer: Is he got counsel in this that you are aware of?
Mr. MacArthur: No
Mr. Boedigheimer: I guess at this time, I like to just take a peek at this job description.
Who drafted the contract of employment between the City of Otsego and Ms. Cokley.
Mr. MacArthur: I did.
Mr. Boedigheimer: Under what terms can the City or the or the employee, for that
matter, decide to terminate their position.
Mr. MacArthur: If the position is eliminated or I don't have it, malfeasance - nonfeasance
or if she has she also had the option to terminating three months notice.
Mr. Boedigheimer: Okay.
Mr. MacArthur: prior to a certain date.
Mr. Boedigheimer: So the contract gives the City the right to eliminate the position and
than give her three month notice.
Mr. MacArthur: Correct.
Mr. Boedigheimer: And the contract states that.
Mr. MacArthur: Correct, last paragraph.
Mr. Boedigheimer: And what you mean there is and I'll read it, I've got in front of me
Otsego City Council Special Meeting of November 19, 1996, cont'd. Page 9.
copy of the original, "In the event that the Business/Finance Director and Director of
Economic Position is terminated" is that what you mean by eliminated.
Mr. MacArthur: Correct.
Mr. Boedigheimer: Or the City determines the employee is not performing satisfactorily
blah blah blah or the employee determines to terminate her employment, right, okay.
When she was hired, there was a job description dated January of 1995 and that was for
the job titled Director of Business and Finance. At the time, those her job duties and
responsibilities, right.
Mr. MacArthur: That's right.
Mr. Boedigheimer: And all those duties and responsibilities are contained in that job
description, correct.
Mr. MacArthur: In the original, I don't know if it has been amended since then.
Mr. Boedigheimer: I believe that it may have been. Are each and everyone of these job
duties and responsibilities to be contracted out and or reassigned within the current city
adm, city body.
Mr. MacArthur: That I believe is the intention of the Council I guess.
Mr. Boedigheimer: Has the City done any type of study or conducted any investigation as
to who will take over each and everyone of these responsibilities or is it merely the three
that were provided to me tonight. The three quotes.
Mr. MacArthur: Those three quotes will be part of the job and I also believe that they are
looking at reorganizing.
Mr. Boedigheimer: Okay. Well some of those quotes certainly those quotes don't contain
each and every job duty and responsibility of the Business/Finance Director of Economic
Development Coordinator position, correct.
Mr. MacArthur: I would say that the same descriptions don't match but I say generally
they cover the same duties.
Mr. Boedigheimer: There was no one else that was contacted or quotes received from
anyone else, just those three, right.
Mr. MacArthur: To my knowledge that's it.
Mr. Boedigheimer: There is a proposal to create a subcommittee to look into the hiring of
a City Administrator. And that has been is at issue tonight, right.
Mr. MacArthur: That that's subcommittee has already been appointed.
Mr. Boedigheimer: Okay. Is Phyllis Cokley or is Phyllis Cokley being considered what so
ever for the City Administrator position.
Mr. MacArthur: Once we establish a what the qualifications are and stuff like that, she
sure can apply for the app.
Mr. Boedigheimer: Have you established any qualifications.
Mr. MacArthur: No, that was the the they establish the subcommittee, I believe, part of
the charge of the subcommittee was to look into the matter and bring forth possible job
description.
Mr. Boedigheimer: And they may seek some form of expert assistance in that.
Mr. MacArthur: They may or may not. I think that they will bring a recommendation
back to the Council.
f
Otsego City Council Meeting of November 19, 1996, cont'd. Page 10.
Mr. Boedigheimer: Well, at this a point of proceedings and based on how they have
proceeded to this point, on behalf of Ms. Cokley, we would request a continuation of the
Administrative Leave pending a hearing, a due process hearing, evidentiary hearing on the
committee's motion and resolution. That would be made pursuant to a the City of
Cleveland versus Loudermiller Supreme Court Case. And at that time, we would pass the
opportunity to conduct a examination of all the evidence that the County or the Council
has considered in determining that this position is not economically viable. With other
than that, there is no further response by Ms. Cokley. Thank you.
VM Fournier: Thank you for your response. Andy did you have any recommendations at
this time.
Mr. MacArthur: My recommendation would be that we are required to provide notice
and opportunity to be heard. I believe that we have provided that notice and opportunity
to be heard and I believe that the Council can go ahead and deal with whatever action they
want.
VM Fournier: Okay thank you Andy. Hearing that I will go on to Item 4 on the agenda.
4 ouncil consi�Pr RPcnl„rinn Fliminating.�.h� Positions of Business/Financ�
Director and Director of Economic Development
VM Fournier: I believe we have a Resolution in our packet. What is your prerogative
Council. I am assuming everyone has reviewed the Resolution. Any discussion on it or
motion would be appropriate.
CM Heidner: Mr. Acting Mayor, is there a Resolution Number that we can reference
since it is quite lengthy or just consider the Resolution draft one of November 15, 1996.
AM Fournier: Ya, we could consider it that way and assign a number later.
CM Heidner: I move adoption of Resolution.
CM Black: Second.
AM Fournier: We have a motion to adopt the Resolution eliminating the positions of
Business/Finance Director and Director of Economic Development by Vern Heidner and
we have a second by Mr. Black. Any discussion. Is there any discussion.
Hearing none I will call the question.
All in favor of the motion signify by saying aye.
Ayes: CM Ackerman, CM Black, CM Heidner, AM Fournier
Opposed by the same sign.
There was none
Motion carries unanimously.
AM Fournier: We'll go to Item 5 on the agenda.
5 Consider contractitlg a fin nce Arcnn fnr an interim basis.
AM Fournier: I believe I gave Councilmembers, I gave you three proposals. I met with
all of them. My recommendation would be Mr. Gary Groen. What is your prerogative.
CM Black: Mr. Mayor.
AM Fournier: Mr. Black.
Otsego City Council Meeting of November 19, 1996, cont'd. Page 11.
CM Black: I'll move that we retain the services of Gary Groen as a independent
contractor to perform the finance accounting functions at $25.00 per hour up to maximum
period of time of six months.
CM Ackerman: Second
AM Fournier: We have a motion and a second to hire Mr. Gary Groen as a independent
contractor on a $25.00 per hour basis up to six months. Is there any discussion.
CM Heidner: Mr. Acting Mayor. Does that mean that we are required to have him for
the full six months or we can terminate it at some time earlier than that.
CM Black: Up to.
CM Heidner: Up to, okay. And at that point in time, we anticipate we will reevaluate it
or come to some other arrangement.
CM Black: I would assume that, ya.
CM Heidner: Right.
AM Fournier: Is there any more discussion. Any more discussion. All in favor of the
motion signify by saying aye.
Aye: CM Ackerman, CM Black, CM Heidner and AM Fournier.
AM Fournier: Opposed by the same sign.
There was none.
AM Fournier: Motion carries unanimously.
AM Fournier: Item 6 on the agenda.
Mr. MacArthur: Mr. Mayor.
AM Fournier: Yes. Andy.
Mr. MacArthur: In reflection to Item Number 4, I think it would be probably appropriate
to motion to consider continue the Administrative Leave if that is the wish of the Council.
CM Black: Mr. Mayor.
VM Fournier: Mr. Black.
CM Black: I'll move that we continue the Administrative Leave of Finance Director.
CM Ackerman: Second.
VM Fournier: We have a motion by Mr. Black and a second by Ms. Ackerman to
continue Administrative Leave with the Director of Business and Finance. Is there any
discussion.
CM Heidner: Mr. Mayor or Acting Mayor. How long is this continuation for. For the
period of the ninety days or.
Mr. MacArthur: Three months.
CM Heidner: Okay.
VM Fournier: Is there any more discussion. All in favor, signify by saying aye.
Aye: CM Ackerman, CM Black, CM Heidner, VM Heidner.
VM Fournier: Opposed by the same sign.
There was none.
VM Fournier; Motion carries unanimously. Returning back to Item 6 on the agenda.
Otsego City Council Meeting of November 19, 1996, cont'd. Page 12.
6 ' " Set Budget Workshop Meeting for 6.30 PM Thursday, November 21-1996-
CM
1,1996.CM Black: So moved.
CM Ackerman: Second
VM Fournier: We have a motion to set that meeting at 6:30 on Thursday, November 21,
1996 and a second. Is there any discussion. Vern.
CM Heidner: We need to make sure this person whom we just spoke of earlier this Gary
Groen can be there.
VM Fournier: Yes, I will contact him.
CM Heidner: All right.
VM Fournier: Any more discussion. All in favor, signify by saying aye.
Aye: CM Ackerman, CM Black, CM Heidner, AM Fournier.
VM Fournier: Opposed by the same sign.
There was none.
VM Fournier: Motion carried.
VM Fournier: Item 7.
7 A ourn Meeting.
CM Black: Move that we adjourn.
VM Fournier: We have a motion to adjourn. Is there a second.
CM Heidner: Second.
VM Fournier: All in favor of adjourning signify by saying aye.
CM Ackerman: Aye
CM Black: Aye
CM Heidner: Aye
AM Fournier: Aye
AM Fournier: Opposed by the same sign.
There was none.
AM Fournier: We are adjourned. Thank you.
Adjourned at 7:36 PM.
Larry Fo 'er, Acting Maygr
n� X
ttest: Laine Beatty, City Clerk/Zoning
Recorded by: Judy Hudson, Deputy Clerk