Loading...
HomeMy WebLinkAbout1975 12-18 CCM Special 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 SESSION DECEMBER 18, 1975 CITY HALL Call to Order The Brooklyn Center City Council met in special session and was called to order by Mayor Philip Cohen at 3:40 p.m. Roll Call Mayor Cohen, Councilmen Kuefler, Fignar, Britts, >and Jensen. Also present were City Manager Donald Poss, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Deputy Police Chief James Lindsay, Director of Planning and Inspection Blair Tremere, Accounting Assistant Gene Van Overbecke, and Administrative Assistants Ronald Warren and James Lacina. Mayor Cohen announced that he had called the special meeting for the purpose of receiving counsel from the City Attorney regarding the relationship of the Fire Department in the structure of City government and regarding City Council and City Manager Charter prerogatives and respon- sibilities as they pertain to the pending Fire Chief appointment. He requested the City Manager to review the process followed in establishing the meeting and to advise the Council with regard to compliance with the City Char and the Open Meeting Law. The City Manager stated that on Thursday, December 11 , he commenced efforts to contact and arrange with individual Councilmen and the City Attorney a common date and time of availability for a special Council meeting which would not conflict with other meetings scheduled for City Hall. He stated that under provisions of Section 3.01 of the City Charter a special meeting may be called by the Mayor or any two members of the Council upon at least twelve hours written notice delivered personally to each member of the Council and that such notice had been furnished. He also commented that on Wednesday, December 17, the press, which routinely covers Brooklyn Center City affairs, the Brooklyn Center Post and Minneapolis Star newspapers, had been notified of the meeting and its purpose, noting that the Brooklyn Center Post editor was present. He commented that he had reviewed provisions of the Open Meeting Law which contains no notice provisions and stated his opinion that there was no conflict with those provisions. Councilman Fignar inquired as to whether members of the Fire Department had been specifically notified. The City Manager responded that he did not notify the Fire Depart- ment members. City Attorney's Mayor Cohen then called on the City Attorney for a Presentation comprehensive review of his memorandum to the City Council and the City Manager regarding the Fire Department struc- ture and the structure of City government; the Fire Department under the Charter requirements of the Council/Manager form; legi,slative/triariagement prerogatives under the Charter; and interference with administration. The City Attorney then proceeded with a presentation of his memorandum explaining in detail those Charter, ordinance and other legal elements which bear upon the Fire Department and Fire Chief issue. r Following the C ty Attorney's presentation, Councilman Jensen inqu.ired regarding the effect of Fire Department Bylaws whose provi, ions might conflict with the City Charter, City ordinance, or City management authority The City Attorney responded that the Charter, City ordinances, and management authority derived from both prevail over any conflicting bylaws which might be adopted by department members to deal, with internal affairs such as operation of the Fire Department Relief Association. The City Manager then briefly reviewed the distinction between the Fire Department as a component of the City government struc ture and the Fire Department Relief Association as ar, ent ty established by act of the Legislature. He stated that the Tire Department Relief Association may well have bylaws affecting the operation of the Association, but that such bylaws were not recog- nized as governing Fire Department affairs. Councilman Fignar inquired as to the legality of the City Manager not conforming to the two year old procedure through which the Fire Department membership selects and recommends officer candidates for appointment by the City Manager. The City Manager clarified that because of a ruling by the Federal Officlea of Revenue Sharing in the case of Dover, Delaware involving discriminatory practices, he had approximately two years aye persuaded the Fire Depart- ment members to sub.ntitute an oblective peer evaluation process for the popular election process form, rly used in developing a slate of recorruirended candidates for his appointment consideration. He emphasized that regardless of the process through which Fire Department recommendations were developed, he in no way ever agreed nor was he limited only to the recommended candidates in considering his appointments. The City Attorney then, responded to Council - man Fignar that the City Manager was not limited in his appointment considerations to those candidates recom- mended by the Fire Department and further that the City Manager could not dal agat nor so limit his appointm: =,nt authority under the Charter. Councilman Jensen then inquired as to the legal merit of claims by some members of the Fire Department that the City Manager has nc authority to evaluate the qualifications of Fire Chief cand datoY;y by an examination procedure, particularly in view of the fact that such procedure had not been used previously she City Attorney responded that the Charter require x the City Manager to appoint upon the basis of merit and fitne�us and that an examination is an appropriate tool to obtain information about qualifications of a candidate and his fitness to perform the functions of the position. He further commented that it was his understanding that this was the first occasion since adoption of the City Charter in 1066 that a vacancy had occurred in the position of Fire Chief and in which the incumbent Chief was not a prospect for reappointment, CounclIman Kuaefler left the table at 4035 p.m. and returned at 4e °40 p.m. Mayor Cohen then inquired as to the ramifications of the four year terra for the position of Fire Chief as provided in Chapter 5 of the City Ordinances. 12 -18 -75 -2- Recess The City Council recessed at 4;45 p.m. and resumed at 4.-50 p.m. The City Attorney responded to the Mayor's question regarding the four year term by stating that such a provision does not confer tenure, but rattier it limits tenure. He said that such a provi ,ion does not prohibit removal of a person from the Fire Chief position for a period of four years if that person becomes unfit for service during the term, but rather limits the term of appointment to four years at the end of which the appointment simply lapses A discussion then ensued relative to the legal authority to establi .h a probationary period as a condition of appoint- ment to the position. The City Attorney stated that to the extent that the probationary period is used as an instrument to assess the merit and fitness of the candidate and does not affect legislative matters, such as salary or fringe benefit--, the probationary period is a legal management prerogative under provisions of the City Charter. Council - man Jensen inquired regarding the relationship between a probationary period and the City Council's authority to approve department heads' appointments. The City Attorney responded that he was not prepared at this time to address that point. Councilman. Britts inquired of the City Manager whether prcbationary conditions were imposed on all of his management appointments. The City Manager responded that a one year probationary period has been consistently applied to all of his appointments to management /supervisory positions, regardless of function or City department. Following completion of the review of the City Attorney's report, Mayor Cohen next briefly outlined events which occurred since the City Manager's budget proposal for a full -time Fire Chief in September 1975. The outline con- cluded with the fact that candidates recommended by the Department had refused, to date, to submit to the examina- tion procedure, He inquired of the City Manager regarding his intentions to fill the Fire Chief position pointing out the December 8, 1975 concern of the City Council that the matter be resolved by the end of the year if possible. The City Manager stated that he had attempted to comply with Councilman Fignar's October 6, 1975 recommendation to evaluate the qualifications of candidates from the Fire Department through a formal testing procedure. He stated that he had spent considerable time interviewing the two candidates, explaining procedures and conditions of the appointment process and had exhausted the possibility of appointment from within the Department when the two candidates refused to take the qualifying examination and submit to the one year probationary period if appointed. He said that having exhausted that option he intended to reinstate his recommendation for a full -time Fire Chief/ Marshal. Councilman Kuefler inquired regarding an option of appointing a part -time Fire Chief from outside the Department. The City Manager responded that he had not yet thoroughly evaluated thut option but that he considered it to be an inferior option. -3- 12 -18 -75 Councilman Britts then suggested what he teirn a compromise proposal consisting of a full tl pusiti,on allocated 45% toward Fire Inspector functions, 10% toward Assistant Civil Defense Coordinator functions, and 45% toward Fire Department Manager or Director functions. His proposal also envisioned the creation of a position in the Fire Department of an executive officer nature which would consist of a volunteer me mbet responsible to the Department manager or director for the day-to-day field operations. A brief discussion ensued regarding the proposal. Councilman Jensen then referred to the fact that the City Manager had re-offered, without success, the opportunity for the two Department candidates to sul)m_9,t to the screening examination and, as a cons equence, liey was satisfied that the option had been exhausted. He stated that, as a consequence, he was prepared to support a resolution amending the budget to provide for the position of a full-time Fire Chief/Marshal. He then read a prepared statement to that effect. Councilman Kuefler then moved to instruct the City Mana(j(,'ir to prepare a draft resolution for debate and com. at the Council meeting on December 22, 1975 which would amend the 1976 General Fund Budget by authorizing the transfer of $18, 000 from the Contingency Account to the Fire Department Account for the purpose of funding a full-time Fire Chief/Marshal position and to subsequently prepare the related amendments to Chapter 5 and Chapter 6 of the City Ordinances to reflect such an organizational structure. The motion was seconded by Councilman Jens en. Councilman Fignar stated that he had not under stood that the Council would take any action on the iss but had met to hear and discuss the City Attorney's memorandum and report. He commented that since his statement of October 6, 1975 when he recommended an examination evaluation of the Department candidates, he has continued to support the concept of a volunteer Fire Department with a volunteer Chief and that he intended to contir­,i adherenf to that position. Councilman Kuefler stated that he, too, favored a volunteer department but that he had no qualms about the effectiveness of a volunteer department functionin-fl under a full-time Fire Chief Voting for the motion, Mayor Cohen, Councilmen Jensen and Kuefler. Voting again - A. , , , Councilmen Fignar and Britts. The motio .1 , r, pa s s ed. Councilman Britts qualifled his vote on the mr-,C'on as repre- senting commitment to his (;'omproml,se Proposal. Motion by Councilman Fignar and seconded by Gottricilman Adjournment Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against; none. The motion passed unanirriously. The City Council adjourned at 5:55 p.m. Clerk Mayor 12-18-75