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City Council Minutes <br />July 16, 2018 <br />Page 13 <br />Mayor Dietz questioned whether it would have been more difficult to find someone <br />as multifaceted as the previous fire chief. <br />Mr. Portner said it was difficult to know and the city hopes to get a good pool of <br />candidates for their recently posted fire chief position. <br />9.2 Chief Cunningham Severance Request <br />Mr. Portner presented the staff report. He reviewed the organization of the fire <br />department at the time Chief Cunningham had started working for the City of Elk <br />River. <br />Mayor Dietz wondered if Chief Cunningham had approached anyone with the short <br />staffing issue at the time it was occurring or if he assumed the responsibilities <br />himself. <br />Councilmember Ovall questioned why he had not had any conversations regarding <br />compensation prior to his departure. <br />City Attorney Beck stated Chief Cunningham's request had been cordial but he has <br />engaged an attorney. He suggested Council would have to check with employment <br />law to see if such a request could even be fulfilled. <br />Councilmember Westgaard was confused on why the subject came up after he had <br />left employment. He stated exempt employees are expected to step in when needed <br />and should not be scheduling themselves for the duty officer shifts. <br />Councilmember Ovall agreed it was strange that it didn't appear to be an issue until <br />after leaving employment. <br />Mayor Dietz agreed Chief Cunningham should have talked to the city administrator <br />after the policy was changed and the Council at the time could have made a decision. <br />City Attorney Beck stated it was a unique situation but recommended sticking to the <br />written severance policy. <br />Mayor Dietz asked the Council to make a decision rather than checking into whether <br />it is allowed or not. Their opinion would likely not change. <br />The Council directed City Attorney Beck to prepare a letter for Chief Cunningham's <br />attorney denying his request. <br />10. Adjournment <br />There being no further business, Mayor Dietz adjourned the meeting of the Elk <br />River City Council at 9:58 p.m. <br />PIM//I'RIII1 <br />A 1 U1!D <br />