HomeMy WebLinkAboutResolution No. 447-07 N
• RESOLUTION'
WHEREAS, there is currently within the City of Rochester a vacancy in the position of
Deputy Fire Chief as the result of the temporary assignment of Deputy Fire Chief Dan Slavin as
the interim Fire Chief; and,
WHEREAS, the City of Rochester will engage in a nationwide search for a new Fire
Chief. This process will be time consuming and involve many months of work; and,
WHEREAS, it is imperative to appoint an interim Deputy Fire Chief during the time
Deputy Fire Chief Dan Slavin is temporarily assigned as interim Fire Chief; and, _
WHEREAS, the Common Council wishes to appoint Battalion Chief Rick Lovett as interim
Deputy Fire Chief during this time; and,
WHEREAS, the position of interim Deputy Fire Chief is a temporary assignment designed
only to bridge the time period between Fire Chief Kapler's retirement and the starting date of his
successor; and,
WHEREAS, a son of Battalion Chief Lovett, Tom Lovett, will soon be employed within the
•Fire Department in the position of Firefighter; and,
WHEREAS, the City of Rochester personnel policy that addresses Nepotism, as found in
the policy entitled "Employment Procedures," states, in relevant part, as follows: "The City will
not hire or promote a person to work in any specific work unit directly managed by that person's
close relative. An employee must not participate in any supervisory or managerial action
involving a close relative;" and,
WHEREAS, the Nepotism policy also states as follows: "The City may employ "close
relatives" for temporary/seasonal positions provided a clear understanding exists that the
employment relationship is strictly temporary/seasonal and will not necessarily lead to full-time
employment;" and,
WHEREAS, Battalion Chief Lovett and soon-to-be Firefighter Lovett are "close relatives"
as that term is defined by the Nepotism policy; and,
WHEREAS, Firefighter Lovett will not work in a specific work unit directly managed by
interim Deputy Fire Chief Rick Lovett. Firefighter Lovett's specific work unit is directly managed
by a Fire Captain; and,
WHEREAS, it is possible that, in carrying out the duties of interim Deputy Fire Chief, Rick
Lovett may face a scenario where he is called upon to exercise supervisory or managerial action
•involving Firefighter Lovett; and,
WHEREAS, the Council wishes to avoid a scenario involving interim Deputy Fire Chief
Lovett exercising supervisory or managerial action involving Firefighter Lovett.
w '
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
*Rochester that the City hereby appoints Battalion Chief.,Rick Lovett as interim Deputy Fire Chief
effective September 28, 2007, and expiring upon the appointment of a permanent Deputy Fire
Chief or upon rescission of this appointment by the Common Council.
BE IT FURTHER RESOLVED by the Council that it invoke the relevant provision of the
Nepotism personnel policy and state that the employment of Rick Lovett as interim Deputy Fire
Chief is a temporary position and should be viewed as a temporary assignment which will not
necessarily lead to full-time employment as permanent Deputy Fire Chief.
BE IT FURTHER RESOLVED by the Council that, in a scenario where interim Deputy.
Fire Chief Lovett is called upon to exercise supervisory or managerial action involving Firefighter
Tom Lovett, the interim Deputy Fire Chief shall disqualify himself from taking such action and,
instead, refer the matter to Battalion Chief Mark Keefe to handle the matter without any
involvement by the interim Deputy Fire Chief.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS OF %1TF_-FP-- , 2007.
Ly 42 z'/'JA�'j PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
• 6V CLERK
APPROVED THIS J10 DAY OF �, 2007.
/,
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnes0a)
Res05\Reso1u.I ntDep FireChief
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