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HomeMy WebLinkAbout1995 06-05 CCM Special Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION JUNE 5, 1995 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7:01 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Barb Kalligher, Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were Director of Community Development Brad Hoffman, City Attorney Charlie LeFevere, and Council Secretary Lorri Kopischke. COUNCILMEMBERS COMMENT Councilmember Mann asked if there could be a brief discussion regarding the properties located on 71st Avenue. She indicated she had concern in regards to the memo regarding Dan and Vicki McFarren. This issue is on the agenda for the next meeting and she asked that all the property owners and residents on 71st Avenue in the Woodbine project be notified that there will be discussion of the issue at the June 12 meeting. g City Attorney indicated there was no need for a motion. City staff was directed to notify all property owners and residents on 71st Avenue in the Woodbine project there would be discussion of this item at the June 12 City Council meeting. DISCUSS APPOINTMENT OF ACTING CITY MANAGER Mayor Kragness reported she had long discussions with Brad Hoffman, Director of Community Development, and Nancy Gohman, Assistant City Manager, regarding who would be qualified to be Acting City Manager. She reported both members of City Staff are very busy at the present time. Ms. Gohman indicated she would be willing to assume the responsibility but only if she had the full support of all five councilmembers. Mayor Kragness referred to the memo submitted by Ms. Gohman in regards to the position. Councilmember Mann confirmed that Ms. Gohman was not a candidate for the position as City Manager and was asking for more money but did not want to perform all the duties required of the position. 6/5/95 - 1 - i Councilmember Kalligher indicated Ms. Gohman was a very new employee to the City and she would rather see Director of Finance Charlie Hansen accept the position. Mayor Kragness indicated she had discussed this with Mr. Hansen but he was very busy now with the City's finance issues. She stated there were three employees who were very qualified for the position, but they were all very busy in their own positions. Councilmember Carmody indicated that Ms. Gohman was not demanding items in her memo but was only requesting items for consideration. She suggested the Council determine what they intend to accomplish in the next six months and who would be best qualified to accomplish this. Councilmember Mann questioned if Ms. Gohman's current job description indicated she would serve as Acting City Manager in the absence of the City Manager. Councilmember Kalligher asked how long it would take to hire a new City Manager. The Director of Community Development indicated it could be done by October or it may take until the end of the year depending on who is available. He indicated there were a lot of variables. City Attorney agreed that it would not be unusual for the process to take until the end of the year. In response to Hilstrom, City Attorney indicated the appointment of an Acting City Manager is complicated by the Status Quo Order with the Department Heads Collective Bargaining Unit. What the City Council does with any member of the unit has to be agreed upon by the entire unit. He indicated the true job description of the Assistant City Manager states they are to act as the City Manager in his absence. But the job description does not confer the authority the Acting City Manager needs to do all the tasks expected of the City Manager on a daily basis. In a provision under the Charter, duties of an official nature can be performed by someone designated to act, as the City Manager by the City Council. Thus far, Ms. Gohman has never been designated as the Acting City Manager and therefore, the City could be in violation of the Status Quo Order, as performing both the duties of the Acting City Manager and the City Manager doubles her job description. He indicated the City Council has the option to choose anyone to replace the City Manager with the exception of the people in the bargaining unit, unless their consent and the consent of the bargaining unit is obtained, and City and Councilmembers who have served in the last year. He indicated one option would be to designate someone for an interim, specified period of time. Mayor Kragness stated she believed it was important that whoever was hired for the temporary position have a background as to the affairs of the City. Councilmember Kalligher indicated her first choice for the position was Director of Finance Charlie Hansen. She again indicated she was concerned as Ms. Gohman was so new to the 6/5/95 -2- City. She stated she believed Director of Community Development Brad Hoffman was capable but was very busy with the development of the City. She indicated Mr. Hansen had been with the City for many years. Councilmember Hilstrom stated she would like to see the job description and qualifications of anyone being considered for the position. Mayor Kragness indicated all three employees were qualified but all may not be willing to take on the job. She reported Ms. Gohman had worked in the City of Crystal previously and had worked through some problems there. Councilmember Hilstrom asked if the responsibilities could be shared between more than one person. Mayor Kragness reported Ms. Gohman had been concerned as she has two young children to care for. She indicated there could not be three people signing official documents. She stated this matter needs to be decided in a timely manner. Councilmember Mann again asked if acting as City Manager was not part of the Assistant City Manager's job description. Councilmember Carmody indicated this was true in a case where the City Manager was ill or on vacation, but not when he was asked to resign. Councilmember Mann questioned that Ms. Gohman was requesting the City hire someone else to handle some of the responsibilities. Councilmember Carmody indicated she was requesting a part-time Human Resources Assistant to work 24 -hours per week. Mayor Kragness agreed this was reasonable due to the amount of work Ms. Gohman was already performing. Councilmember Hilstrom suggested contacting Sy Knapp. He has been involved with the City for many years. Director of Community Development indicated he thought Mr. Knapp would be qualified if he was interested. There was discussion whether a recruitment firm would be enlisted for the hiring process or if the position should be advertised in the newspaper. Councilmember Mann indicated it would be unreasonable to go through the numerous applications that would be received in response to a newspaper advertisement. 6/5/95 -3 - Mayor Kragness suggested if the City wanted a professional person for the position, they should elicit the service of a professional organization who is trained to find such persons. Councilmember Hilstrom asked what the League of Minnesota Cities had to offer in this respect. She noted they were listed on the list for professional recruitment selection. She reported the City of Brooklyn Park has a process in place for this type of occurrence. Each year the Council votes on who will serve in place and establishes a chain of command. She asked if it would be possible to bring the City Council together with each of the candidates for the temporary position to get to know them and what qualifications they would bring to the position. She reported in Brooklyn Park the Acting City Manager stays at the same level of salary but is compensated with a bonus depending on how much time they put into the job. Mayor Kragness stated the items requested by Ms. Gohman were certainly negotiable and the memo was only a tool to be used. She suggested if Councilmembers had other candidates whom they think may be interested, to ask them and have them submit a memo similar to the one submitted by Ms. Gohman and personal interviews could then be conducted. City Attorney indicated Councilmembers have access to personnel files to see qualifications. He stated in this case the Mayor approached Ms. Gohman and expressed a need to resolve this issue and asked her under what circumstances she would be available. He cautioned Councilmembers to be careful not to pressure Staff or there may be a problem with the Status Quo Order. He read the Status Quo Order which indicated that negotiations shall not be carried out, threats or promises as to changes in wages in employment are prohibited, employees may not be questioned by the employer with respect to membership in labor organizations, employees shall not be discriminated against as a result of the petition, and notice of the position must be posted. He stated in Ms. Gohman's case, the Council would not be negotiating her contract but reaching a mutual agreement in appointing her to the Acting City Manager position. If Ms. Gohman agrees to have herself considered for the position and is in agreement with all the terms, she can go to the Collective Bargaining Unit and say the arrangement is okay with her. He indicated the critical item is that she receives unanimous support of the Council. He stated the City still has a City Manager until July 14. Ms. Gohman can fill in at meetings but her job description only calls for this on a short-term basis. Councilmember Kalligher asked if there was enough time available to meet with Ms. Gohman before the deadline when she can no longer serve as Acting City Manager. City Attorney reported the current arrangement with Ms. Gohman was acceptable but only for a short period of time. He indicated she has been given substantial responsibilities with no increase in pay. He stated there is also a problem if some other official action is required such as signing a purchase agreement or hiring or firing of an employee, as she is not authorized to perform these tasks. Under the Charter, these tasks can be performed by someone who is designated by the Council to serve as the Acting City Manager. 615195 -4- Councilmember Mann indicated in all fairness, all fourteen people included in the Collective Bargaining Unit should be allowed to submit a memo if they are interested in the position. Director of Community Development indicated he believed if the Council asked all fourteen people in the Collective Bargaining Unit to submit a memo, they would do it because of an obligation to the City, not because they were genuinely interested. He reported all City Staff have a heavy workload at the present time which complicates taking on the responsibility of Acting City Manager. Mayor Kragness suggested the three persons suggested should be contacted by telephone tomorrow to see if they are interested in the position. If they are, they should be asked to prepare a memo similar to the one submitted by Ms. Gohman. She indicated whatever is done, the Council needs to be in agreement so the person chosen will have a feeling of confidence and know the Council supports them. Councilmember Mann questioned item #8 of Ms. Gohman's memo in which she requested reimbursement for expenses of City meetings. Councilmember Kalligher questioned item #7 of the memo which requested use of a City car. City Attorney indicated these were both standard benefits allowed to the City Manager. Councilmember Mann questioned if Ms. Gohman were chosen as Acting City Manager and her salary was increased and then a new City Manager was hired, would she expect to stay at the same pay level when she returned to her previous job. Director of Community Development indicated this would not be the case and had been addressed in Ms. Gohman's memo under item #9. City Attorney reported this would all be addressed in her contract. When she was excused as City Manager, she would go back to her old job description under the same terms. He indicated this should be made clear but he was confident this was what she was expecting. Councilmember Mann questioned item #5 of the memo which indicated Ms. Gohman did not want to take action against any Staff action by the previous City Manager. City Attorney indicated he believed Ms. Gohman was saying she was willing to take the position but wanted to start with a "clean slate ". She would like to start anew and deal with the employees under her at this time. Mayor Kragness indicated she would contact the three suggested persons, Sy Knapp, Brad Hoffman, and Charlie Hansen and see if they were interested in assuming the position. If they were, she would ask that a memo similar to Ms. Gohman's be prepared and submitted by Friday to be circulated to the Councilmembers. 6/5/95 -5 - There was Council Consensus to schedule a work session for Monday, June 12 prior to the City Council meeting to discuss the prospects. DISCUSS RECRUITMENT PROCESS FOR SELECTING NEW CITY MANAGER Councilmember Hilstrom indicated she would like to obtain the fees charged by the different suggested recruitment agencies. She also stated she would like to investigate the options available through the League of Minnesota Cities. Director of Community Development indicated when he was with the City of Hopkins, the City Manager left and the recruitment process was handled internally through National Publications. He reported this process was very cumbersome and time consuming for City Staff and Councilmembers. Councilmember Hilstrom indicated she would like to investigate the process the recruitment agencies use to perform background checks. There was Council consensus to send a letter requesting quotes to the agencies on the list. City Attorney indicated quotes could be received within a week and circulated among the Councilmembers. He indicated the requests could be sent and the agencies given until June 15 to respond. He reported the consultant would help the Council to determine a salary range. They will actually draft an employee agreement and negotiate for the City. He indicated the salary would depend on the qualifications of the person they hire. He stated the Council actually sets the pay plan range for all employees. He reported this could be changed before a new City Manager was hired as this would not affect anyone. Councilmember Hilstrom stated she would still like to see a scale of the salary range for City Managers in the area. Director of Community Development indicated he would provide this report which is called the Stanton Report. There was Council consensus to include the recruiting process as a discussion item on the June 12 City Council meeting agenda. DISCUSS SELECTION OF CONSULTANT FOR NEGOTIATING AND CONTRACT DEVELOPMENT FOR NEW BARGAINING UNIT Councilmember Kalligher asked if anyone was familiar with Karen Olsen. She indicated she would like to receive more background information such as qualifications and billing procedures. Director of Community Development indicated Karen Olsen works with Cy Smythe and does a lot of labor negotiations. He indicated this is the same firm with whom the City has had a long relationship. 6/5/95 -6- City Attorney indicated it would be appropriate to ask the consultants to come in yearly and give a presentation to the Council so the members would be more familiar with them and the work they do for the City. OTHER BUSINESS Councilmember Kalligher indicated she would like the City Attorney to prepare an update on the present pending litigation with the City. Director of Community Development reported there is an ongoing condemnation of the motel. He reported the Earle Brown Commons bankruptcy should be resolved shortly. He indicated he had met with the involved parties this morning. City Council announced tonight that it will be holding a special session to discuss Acting City Manager selection process at a work session at 6:00 p.m. on June 12. City Attorney indicated this announcement will suffice as an official notice of that special session. Councilmember Carmody presented a letter received by Phillip Gray, 6919 Regent Avenue North, asking why the Council asked for Jerry's resignation. She indicated he was in attendance at the meeting tonight and asked the Councilmembers to respond to his questions. Councilmembers Kalligher and Mann indicated they would call him or write back to him. Phillip Gray, 6919 Regent Avenue North, asked the Councilmembers why they had fired the City Manager. He stated he has seen no reason except that it was time for a change. He believed this was too expensive of a decision if there had been no legitimate reason. He believed there had been more discussion tonight in regards to hiring a new City Manager than there had ever been as to why the previous City Manager had been terminated. He believed it would have been more economically feasible to allow him to serve his term and hire someone in the next six months while he was still here. He stated he believed the citizens of Brooklyn Center had the right to know the reasoning behind the decision. Councilmember Kalligher asked Mr. Gray for his telephone number and indicated she would call him in the next day or so. Mr. Gray indicated he appreciated that but thought the entire City should be told. He indicated City Manager was a public position and the public should know why he was terminated. Mr. Dan Remiarz, 6201 June Avenue North, indicated he had been informed the office staff was not unionized. In speaking to Mr. Gray, he indicated there must be a reason the Council does not want to inform the public of the reasoning for Mr. Splinter's termination. He indicated the City would have had to pay for a search for a new City Manager regardless of the circumstances. 6/5/95 -7- Councilmember Carmody indicated she was still not aware of the reasoning for the termination of the City Manager. Councilmember Kalligher called a point of order. ADJOURNMENT The Brooklyn Center City Council was adjourned by Mayor Kragness at 8 :35 p.m. Aig. J� YAA4� �� Deputy City Clerk Mayor Recorded and transcribed by: Lorri Kopischke TimeSaver Off Site Secretarial 6/5/95 -8-