HomeMy WebLinkAbout1994 [07] Jul 28
Page 2E:.11
July 28, 1994
Pursuant to due call and notice thereof, the City Council for the City I
of ~3t . J'oseph met in special session on 'fhursday, July 28, 19'~4 at 3:ØØ
p. m. in the City HalL
fn:tll:ŒHg PH~B~NT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob
Loso, Ken Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel
Stapleton.
UTH1::HS PH1::B}.:NT: John Scherer, Bradley Lindgren.
Mayor Heber called the meeting to order at 3:00 p. m. and stated that
the purpose of the meeting is to discuss the status and terms of a
Police Chief contract, as requested by Councilor Loso of the Personnel
Committee. The meeting was then turned over to Loso and Rieke of the
PE:':c'sonnel Committee.
Councilor Loso discussed the status of employee wage and benefit
negotiation.
He,,> wished to discuss the response from Brad Lindgren and the Council's
position on it. Lindgren stated that his position remains the same as
of January 1 of this year, "please honor our contract." He stated that
he would not be adverse to continue talks and negotiate changes. He
also requested back pay compensation for roughly 40 hours of overtime
hE:' has already worked, and the City has not paid, which amounts to
about $1,00Ø or E:.0 comp hours. I
Loso went through a chronology of documents from 1991 to the present to
question is the employment contract of Brad Lindgren is still in
effect. He presented the following:
Incident reports of July 18, 1991 stated in item #4 of the six month
probation requested that his contract be changed from "termination
without cause" to "termination for just cause only" . Mayor Reber
stated that this is a legitimate request for any employee. At that
meeting Sadlo made a motion which passed, to change Brad Lindgren to a
permanent employee.
July 24, 19<.:11 letter from the City Attorney to Brad Lindgren which
included a proposed employment agreement. Our attorney recommended
that if this proposed agreement is acceptable, Brad was to make
arrangements with Hachel to have it executed. Loso stated that in
order to have a proposed amendment executed it should have gone before
the Council for app:c'oval, which was not done. Lindgren stated that
John Scherer' was di:c'ected by the Council to draft a contract for
execution.
August 13, 1<.:1<.:14 - Cover letter from City Attorney to Brad Lindgren
stated that a revised amendment to the contract was sent. Lindgren
stated that he felt that the wishes of the Council were to have the I
document prepared and executed.
John Scherer stated that he was directed to make Brad Lindgren a
permanent employee, which is what he did by the amendment. He was
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July 2B, 1994
directed to work out the terminology with Brad Lindgren. By making him
a permanent employee, his contract did not have to be renewed each
year.
Loso asked Scherer i:f a contract must come back to the Council prior to
execution, or i:f Mayor Dehler was authorized to sign the contract
amendment. Scherer stated that not necessarily was the contract to
come back to the Council, if the Council had authorized the Mayor to
sign the amendment. lt was determined by Council that there was no
such authorization given to Mayor Dehler. If the Council had
authorized the changes then it could be executed.
Mayor Heber stated any change that was entered into the contract would
only change that portion of the contract.
Uctober l'/, 1991 Council minutes reflect that a motion was approved by
the Council, effective January 1 all employees will be working under a
job description and personnel policy rather than any contract. He
stated that the intent of the Council was to provide full and equal
benefits to all employees and to clarify that the Police Chief's
contract had ended.
Loso questioned why Lindgren did not follow his contract if he felt
that the contract is in effect. Lindgren stated that the deviations
wer'e approved by the Council, such as the ten hour days.
Lindgren stated that he wants to get the payment and benefits as the
officers do for hours worked beyond the scheduled hours. Hazen
discussed the allowances and requirements of exempt and non-exempt
employees. Also the Council discussed was that the other department
heads are unhappy with the current status o:f allowance for comp time.
They have requested time and one half for comp time. Different
benefits :for different employees does not promote team building. Mayor
Heber stated that he wants to keep all the employees satisfied.
Hieke stated that when Lindgren was hired and during his probation
period the Council gave him what he wanted because they perceived him
as the type of person they were looking for in a Chie:f. Lindgren asked
the Council to consider the serious nature of his work, and type of
call outs he is required to respond to.
Loso stated that Lindgren's employment benefits should be consistent
with the benefits o:f the other employees.
Hiemenz stated that there are many employee requirements for overtime
wor-ked, for' employees. Both exempt and non-exempt employees must be
compensated for all hours worked. Exempt employees must be compensated
if t.he overtime hours worked are required by the employer. Employees
have up to three years to collect payment for overtime worked. Chie:f
Lindgren was asked what the specific issues that he wants addressed.
He stated that he wants the following:
1. A written agreement stating he can be terminated for just
cause.
2. To be treated like the of:ficers with regard to pay, vacation
time, and the benefits addressed in the Federation Contract.
::!. A grievance procedure provided for any dispute over the
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July 2B, 1994
contract.
;1. CCJntY'act to be l~eviewed every two years.
Hazen made a motion to have John Scherer draft a proposed contl-act with
'Lbe three items requested by Brad Lindgren and brought back to Council
for' review, with a copy to Brad Lindgren; seconded by Reber. Ayes:
Heber' , Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Notion car-ried.
Lindgren stated be is willing to forgo the $1,000 or overtime which he
ielt he had accrued, if a workable contract can be approved.
The meeting was adjourned at 4:23 p. m. with a motion by Hazen; seconded
by kieke.
Ayes: Reber, Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Notion carried.
C?~
Rachel Staple on
Clerk/Administrator