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HomeMy WebLinkAbout03/29/2006_SpecialCITY OF ROCHESTER COUNCIL AGENDA O(0_O9-7 COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 8 MARCH 29, 2006 SPECIAL MEETING (Home Rule Charter) 4:00 p.m. EMERGENCY MEETING (State Law) F)LEUCE Cr ALLEGIANCE PAGE A) OPEN COMMENT PERIOD (the open comment section was considered at the regularly scheduled March 20, 2006 Council meeting) B) CALL TO ORDER C) LETTERS AND PETITIONS D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS E) HEARINGS F) REPORTS AND RECOMMENDATIONS 1-4 1) Approval of the March 29, 2006, emergency meeting as one requiring the immediate consideration by the City of Rochester Common Council 5-20 2) Request to Reconsider Firefighter Appointments G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION AGENDA SECTION: REPORTS & RECOMMENDATIONS ORIGINATING DEPT: CITY ADMINISTRATION MEETING DATE: 2 ITEM NO. F-1 FM DESCRIPTION: Approval of the March 29, 2006, emergency meeting as one PR§FARED BY: requiring the immediate consideration by the City of Rochester Common Council sTQVAN KVENVOLD The enclosed Call for a Special Meeting/Emergency Meeting is based, in part, upon this public body's determination that the issue for which the meeting was called is one that requires the public body's immediate attention. Council Action Requested Motion to approve the Council's March 29, 2006, emergency meeting as one requiring the immediate consideration of the primary issue by the City of Rochester Common Council. OUNCIL ACTION: Motion by: Second by: to: m CALL FOR A SPECIAL MEETING (HOME RULE CHARTER) CALL FOR AN EMERGENCY MEETING (STATE LAW) WHEREAS, at its regular meeting held on March 20, 2006, the City of Rochester Common Council considered and approved the appointment of seven people to the position of firefighter within the Rochester Fire Department. These matters, listed on the March 20, 2006, Council meeting agenda as D-11 and D-12, came before the Council at the request of the City of Rochester Fire Civil Service Commission pursuant to Chapter 420 of the Minnesota Statutes ; and, WHEREAS, following the Council's March 20`h meeting, one council member has publicly stated his intent and desire to ask the Council.to reconsider its March 20'h action approving some or all of the seven appointments; and, WHEREAS, the Council has adopted Robert's Rules of Order as its rules of proceedings; and, WHEREAS, Robert's Rules of Order require any reconsideration of the Council's action to occur at its next meeting; and, WHEREAS, the next scheduled meeting of the Rochester Common Council is April 3, 2006; and, WHEREAS, the council member in question has publicly stated he may not be able to attend the April 3rd Council meeting due to the illness of a family member; and, WHEREAS, the public statement of a possible reconsideration of the March 20`h Council action approving the appointment of these firefighters has caused serious financial and emotional concerns for the seven appointees. Some of the appointees have already left their previous jobs, but cannot begin their city employment until the issue of reconsideration is resolved. They are unsure of their status with the City of Rochester and need to know what their future will be; and, WHEREAS, the inability to move forward with the hiring of the seven firefighters has caused staffing problems for the Rochester Fire Department. The appointment of these firefighters occurred in response to retirements within the Department that have already occurred and to the planned addition of a fifth fire station in Rochester. The Department is not able to replace the retirements until the issue of reconsideration has been resolved. The Department has scheduled training and orientation for the seven appointees. That schedule is now in jeopardy because of the possible reconsideration of the original appointments. This delay in filling these vacant positions poses a threat to the public's health, safety and welfare; and, rVI WHEREAS, in our opinion, the above circumstances require the Rochester Common Council's immediate consideration of any possible request to reconsider its March 20, 2006, action appointing seven people to the position of firefighter; and, WHEREAS, Section 5.04, subdivision 1, of the City of Rochester Home Rule Charter states that the mayor, councilmember-at-large or any two council members may call a special meeting at any time by serving or causing to be served upon the several members a written notice thereof in which the particular object of such special meeting shall be stated; and, WHEREAS, Section 13D.04, subdivision 3 of the Minnesota Statutes states that a public body may meet in an emergency meeting because of circumstances that, in the judgment of the public body, require immediate consideration by that public body; and, WHEREAS, the Mayor Ardell F. Brede and Councilmember-at-large Dennis L. Hanson wish to invoke the authority provided by Section 5.04, subdivision 1 of the City of Rochester Home Rule Charter and Section 13D.04, subdivision 3 of the Minnesota Statutes. NOW, THEREFORE the Mayor and Councilmember-at-large do hereby call for a special meeting (pursuant to Section 5.04, subdivision 1 of the City of Rochester Home Rule Charter) and an emergency meeting (pursuant to Section 13D.04, subdivision 3 of the Minnesota Statutes) of the City of Rochester Common Council to occur on Wednesday, March 29, 2006, at 4:00 p.m., in the Council Chambers at the Government Center located at 151 Fourth Street S.E., Rochester, Minnesota, 55904. The subject of the meeting will be: (1) approval of this emergency meeting as one requiring the immediate consideration of the primary issue by the City of Rochester Common Council; and (2) the possible reconsideration of the Common Council's action of March 20, 2006, approving the appointment of seven people to the position of firefighter within the City of Rochester Fire Department. Dated at Rochester, Minnesota this A&%clay of March, 2006. xc,w""ri� Z24�z� CO CILMEMBER-AT-LARGE MAYOR REQUEST FOR COUNCIL ACTION MEETING DATE: 3/ A SECTION: ORIGINATING DEPT: ITEM NO. REPORTS & RECOMMENDATIONS ADMINISTRATION F-2 :M DESCRIPTION: REQUEST TO RECONSIDER FIREFIGHTER APPOINTMENTS PREPARED BY: S.KVENVOLD Councilmember Carr has requested that the City Council reconsider their action taken on March 20, 2006, to appoint seven firefighters to the Rochester Fire Department. I recommend that the City Council not reconsider the firefighter appointments. The Fire Civil Service Commission is established by State law with the sole authority to certify the qualifications of firefighter applicants in order to insulate the selection process from political or societal pressures. The Fire Civil Service Commissioners, who are community volunteers, have spent many hours in the process of certifying that the seven firefighters appointments are qualified to serve on the Rochester Fire Department. I do not believe that the City Council should substitute their judgment for the judgment of the Civil Service Commission on the qualifications of the seven firefighters in question. COUNCIL ACTION REQUESTED: On this particular matter, any Councilmember may make a motion to reconsider the March 20, 2006, firefighter appointments. ��L"Lyys� OUNCIL ACTION: Motion by: second by. to: �c OFFICE OF THE CITY ATTORNEY MEMORANDUM DATE: March 27, 2006 TO: Stevan A. Kvenvold — City Administrator FROM: David M. Goslee — Deputy City Attorney SUBJECT: Fire Civil Service Commission Questions Thank you for the opportunity to respond to the questions contained in your March 27, 2006 email message concerning the fire civil service commission appointment process. Who determines the application qualifications for the firefighter position? Does the City Council have any responsibility in this process? Minn. Stat. section 420.06 states in part that the fire civil service commission "shall have absolute control and supervision over the employment, promotion, discharge and suspension of all officers and employees of the fire department of such city. Section 420.07 requires the commission to adopt rules to carry out the purposes of this chapter. It is through this rule adoption that the commission determines application requirements. The council does not have any responsibility or authority to determine qualifications for firefighter candidates. Can the qualifications be adopted that would disqualify an application on the basis of a criminal violation? Yes. Minn. Stat. section 420.07(6) allows the commission to adopt rules for "the rejection of candidates or eligibles who, after the entry of their names fail to comply with the reasonable rules and requirements of the commission in respect to age, resident, physical condition or otherwise, or who have been guilty of criminal, infamous, or disgraceful conduct..." Additionally, 420.07(11) allows the commission to adopt "other rules not inconsistent with the provisions of this chapter as may from time to time be found necessary to secure the purposes of this chapter." Section 8 of the Rochester Fire Civil Service Rules provides, in part, the following: The Commission may reject an applicant at any time prior to the examination and may remove the name of an applicant from the Eligible Roster at any time prior to actual appointment, for any of the following causes or for any other cause which substantially impairs the applicant's fitness for appointment: I D. The applicant has been guilty of crime or of disgraceful conduct. This section has been in place likely since the original adoption of the rules. This authority is permissive, however, and was not exercised in this instance. Does the City Council need to have a reason for passing over an application on the hiring list? State law requires that an appointment be made from any of the candidates on the list of three. The courts have recognized an appointing authority's right to exercise discretion in making the appointment from that list. I find no Minnesota cases in which the court has found an abuse of discretion except when someone not on the list of three was appointed. The council does not need to note reasons for passing over a candidate from the list of three. Can the City Council remove an individual from the hiring list? Only the commission can remove an individual from the certified list of eligibles. Who determines and adopts the Civil Service regulations? The commission adopts and amends its rules. hope this information is helpful. Please let me know if there are other questions. SECTION 8. REJECTION OF APPLICANTS: The Commission may reject an applicant at any time prior to the examination and may remove the name of an applicant from the Eligible Roster at any time prior to actual appointment, for any of the following causes or for any other cause which substantially impairs the applicant's fitness for appointment: A. The applicant is physically or mentally unfit to perform the duties of the position to which appointment is sought. B. The applicant is found to lack any of the minimum qualifications required for the position in question. C. The applicant is addicted to habitual or excessive use of drugs, narcotics, or intoxicating beverages. D. The applicant has been guilty of crime or of disgraceful conduct. E. The applicant has been dismissed from employment in the public service or in a commercial or other organization for delinquency or misconduct. F. The applicant has intentionally falsified the application with regard to any material fact. G. The applicant has been previously employed in the Fire Civil Service and has been removed for cause or did not resign in good standing. The secretary shall notify in writing any applicant rejected under this rule, specifying the cause for rejection. The Commission shall, upon written request of the applicant, give an opportunity to show cause why the applicant should not be rejected. REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 %(-ENDA SECTION: I utc uirvv i irvU ucr i s cni nv. . Organllzationa! ; Consent Agenda Human Resources ITEM DESCRIPTION: Ac:cimTM ent ! ") Firefighte Rochester Fire Department Linda The resignation of Steve Chopp, Firefighter, effective September 16, 2005; the retirement of Vern Starke, Fire Captain, effective September 30, 2005 resulting in the promotional appointments approved by the City Council October 17, 2005 of Chris Bailey to the position of Fire Captain and Eric Propotnik to the position of Motor Operator effective October 27, 2005; and the military leave of absence authorized for Eric Kerska, Fire Captain, and resulting temporary promotional appointments approved by the City Council October 17, 2005 of Matt Mueller to the position of Fire Captain and Dave Beagle to the position of Motor Operator effective October 27, 2005; and the resignation of Darrell Eiler, Firefighter, effective February 25, 2006 created four (4) vacancies for the position of Firefighter. NOTE: Authorizing an appointment to the position of Firefighter as a result of the military leave of Eric Kerska, temporarily increases the authorized number of positions within the Fire Department and would be recommended to be approved with the condition should any additional vacancies for the position of Firefighter occur within the Fire Department prior to the expected return of Eric Kerska from military leave in 2007, one Firefighter position will not be filled. The Fire Civil Service Commission has submitted a list of three candidates for of the positions of Firefighter and recommends the appointment of one candidate for each of the four Firefighter positions. COUNCIL ACTION REQUESTED: Appointments of Spencer A. Goetzman, Adam J. Wallin, Eric B. Thompson and Jeremy G. Meyer to the position of Firefighter in the Rochester Fire Department effective March 30, 2006. COUNCIL ACTION: Motion by: Second by: to: \b ROCHESTER ACC"m e.) JCL FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The resignation of Steve Chopp, Firefighter, effective September 16, 2005 created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Spencer A. Goetzman 2. Adam J. Wallin 3. Eric B. Thompson Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, Q John Withers Secretary Fire Civil Service Commission ad blL_AMERIL k[{T)ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The retirement of Vern Starke, Fire Captain, effective September 30, 2005 resulting in the promotional appointments approved by the City Council October 17, 2005 of Chris Bailey to the position of Fire Captain and Eric Propotnik to the position of Motor Operator effective October 27, 2005, created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Adam J. Wallin 2. Eric B. Thompson 3. Jeremy G. Meyer Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission \Ir bcad ,1IA: A4CRICA CITT March 15, 2006 ROCHESTER ,jpGG &"JOfa FIRE CIVIL SERVICE COMMISSION JOE PCWERS JOHN WITHERS ROGER FIELD Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The military leave of absence authorized for Eric Kerska, Fire Captain, and resulting temporary promotional appointments approved by the City Council October 17, 2005 of Matt Mueller to the position of Fire Captain and Dave Beagle to the position of Motor Operator effective October 27, 2005 created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 2. [cl Fire Chief David Kapler desires to Respectfully Submitted, John Withers Secretary Fire Civil Service Commission Eric B. Thompson Jeremy G. Meyer Chad M. Kuntz have the appointment effective March 30, 2006. �3 CLT) ROCHESTER 1 �� . �GGi2rLeJa�C� FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The resignation of Darrell Eiler, Firefighter, effective February 25, 2006 created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Jeremy G. Meyer 2. Chad M. Kuntz 3. David A. Christie Fire Chief David Kepler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission ' JAN SOB MEMORANDUM �` DATE: January 9, 2006 TO: Fire Civil Service Commission FROM: Chief Kapler SUBJECT: REQUEST TO HIRE Due to the termination of Firefighter Darrel Eiler effective February 25, 2006, 1 would like to request that we hire a firefighter to replace him from the current firefighter eligibility roster. I would like this appointment to be effective as soon as possible. Thank you. L The hand ro ma& to'.. MEMORANDUM DATE: December 15, 2005 TO: Fire Civil Service Commission FROM: Chief Kapler � ). SUBJECT: REQUEST TO HIRE I respectfully request that you forward to the City Council a list of candidates from the established eligibility roster for appointment to the three (3) vacant Firefighter positions. The vacancies were created in 2005 by the retirements of Captain Vern Starke and Firefighter Steve Chop; and the military deployment of Eric Kerska. In addition, three (3) names should be brought before the Council to fill the three (3) new firefighter positions authorized from the Safer Grant. Thank you. \LQ REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 A SECTION: ORIGINATING DEPT: ITEM NO. Organizational ; Ccnsent Agenda Human Resources ITEM DESCRIPTION: Appointment (3) - Firefighter- PREPAf Rochester Fire Department Linda G The City C-)uncil approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant" award in creates three (3) additional firefighter positions and increases on duty staffing levels. The Fire Civil Service Commission has submitted a list of three candidates for of the positions of Firefighter and recommends the appointment of one candidate for each of the three Firefighter positions. • COUNCIL ACTION REQUESTED: Appointments of Chad M. Kuntz, David A. Christie, and Joshua M. Petersen to the position of Firefighter in the Rochester Fire Department effective March 30, 2006. COUNCIL ACTION: Motion by: Second by: to: AU,AMERICk On HESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council_ Members City Council City Hall Rochester, MN 55904 Dear Council Members: The City Council approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant' award in creates three (3) additional firefighter positions and increases on duty staffing levels. We respectfully request that you make one ( i ) appointment to the position of Firefighter from the following list of qualified candidates 1. Chad M. Kuntz 2. David A. Christie 3. Joshua M. Petersen Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, Cweeov"l-e-- John Withers Secretary Fire Civil Service Commission blo R , ,T, ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The City Council approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant" award in creates three (3) additional firefighter positions and increases on duty staffing levels. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates David A. Christie 2. Joshua M. Petersen 3. John J. Busch Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission z.. Tenet-- ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The City Council approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant' award in creates three (3) additional firefighter positions and increases on duty staffing levels. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Joshua M. Petersen 2. John J. Busch 3. Dylan P. Mills Fire Chief David Kepler desires to have the appointment effective March 30, 2006. Respectfully Submitted, '�iPti,;Whn.��l John Withers Secretary Fire Civil Service Commission he nand 10 'eact. lw_ MEMORANDUM DATE: December 15, 2005 TO: Fire Civil Service Commission FROM: Chief Kapler OL,.:.'i�' SUBJECT: REQUEST TO HIRE I respectfully request that you forward to the City Council a list of candidates from the established eligibility roster for appointment to the three (3) vacant Firefighter positions. The vacancies were created in 2005 by the retirements of Captain Vern Starke and Firefighter Steve Chop; and the military deployment of Eric Kerska. In addition, three (3) names should be brought before the Council to fill the three (3) new firefighter positions authorized from the Safer Grant. Thank you.