4.1. DRAFT MINUTES (2 SETS) 08-06-2018

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City Council Minutes Page 13 July 16,2018 ----------------------------- Mr. Portner said it was difficult to know and the city hopes to get a good pool of candidates for their recently posted fire chief position. 9.2 Chief Cunningham Severance Request Mr. Portner presented the staff report. He reviewed the organization of the fire department at the time Chief Cunningham had started working for the City of Elk River. Mayor Dietz wondered if Chief Cunningham had approached anyone with the short staffing issue at the time it was occurring or if he assumed the responsibilities himself. Councilmember Ovall questioned why he had not had any conversations regarding compensation prior to his departure. City Attorney Beck stated Chief Cunningham's request had been cordial but he has engaged an attorney. He suggested Council would have to check with employment law to see if such a request could even be fulfilled. Councilmember Westgaard was confused on why the subject came up after he had left employment. He stated exempt employees are expected to step in when needed and should not be scheduling themselves for the duty officer shifts. Councilmember Ovall agreed it was strange that it didn't appear to be an issue until after leaving employment. Mayor Dietz agreed Chief Cunningham should have talked to the city administrator after the policy was changed and the Council at the time could have made a decision. City Attorney Beck stated it was a unique situation but recommended sticking to the written severance policy. Mayor Dietz asked the Council to make a decision rather than checking into whether it is allowed or not. Their opinion would likely not change. The Council directed City Attorney Beck to prepare a letter for Chief Cunningham's attorney denying his request. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:58 p.m. Minutes prepared by Katie Porath UREJ