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HomeMy WebLinkAbout4A 08 19 2019 Special City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 SPECIAL CITY COUNCIL MEETING MINUTES August 19, 2019 CALL TO ORDER Mayor Briggs called the meeting to order at 4:01 p.m. Present were Mayor Briggs and Councilors Thompson, Burkart, Braid, and Erickson. Also, in attendance were Assistant City Manager Olson, Labor and Employment Attorney Hungerford, City Attorney Schwarzhoff, Police Chief Frazer, Fire Chief Steinhaus and City Clerk Orlofsky. Mayor Briggs announced that the meeting is being closed for preliminary consideration of allegations or charges against an individual subject to the Council’s authority pursuant to Minn. Stat. 13D.05, Subd. 2 (b), specifically the Council will consider charges filed by Scott County Friday, August 16, containing allegations of domestic assault against City Manager Michael Plante. At 4:30 p.m. the City Council has returned from Closed Session to the Open Session. Mayor Briggs announced that the Council has received information from the City’s Police Chief and legal counsel regarding the allegations against City Manager Michael Plante. Based on that information the Council determined that discipline is warranted, therefore the meeting has been reopened to discuss the details of the discipline. BURKART MOVES, THOMPSON SECONDED, TO TERMINATE CITY MANAGER MICHAEL PLANTE AS A RESULT OF GROSS MISCONDUCT IN THE PERFORMANCE OF HIS DUTIES WITHOUT NOTICE AND WITHOUT SEVERANCE. Erickson: Asked what liabilities the City may be subject to. Hungerford: Explained Mr. Plante’s Employment Agreement is a matter of public record. The terms of his Employment Agreement permit termination in two different ways. One is for any reason or no reason at all the city is permitted to terminate his contract. Under those circumstances, the City is required to give Mr. Plante 30 days’ notice, plus 6 months of severance and accrued vacation and sick pay at the end of that. If Mr. Plante is terminated for specific reasons that are listed in the contract then the City does not have to give notice and does not have to pay severance. The specific Employment Contract language is that if Mr. Plante “engages in fraud, theft, gross negligence or gross misconduct of a manger in the performance of his duties” then that gives the City grounds under the contract to terminate his employment, terminate the contract without notice and without severance. Briggs: In terms of the basis as you just read the language what is the basis for the City’s motion and action forward. Hungerford: Explained that Mr. Plante as a City Manager is in a position of heightened public trust. Matters and things that he does outside of the public office bear upon his performance of his duties within the office. There is sufficient nexus between his duties as City Manager and the DRAFT 08 19 2019 Special City Council Meeting Minutes 2 conduct that he’s been charged with through criminal proceedings such that the City has a good faith argument and reason to terminate him for gross misconduct in the performance of his duties. Erickson: Asked the legal counsel to clarify how the difference between charged versus innocent until proven guilty would affect the basis of the determination. Hungerford: Explained for the Criminal Proceedings Mr. Plante is entitled to the presumption of innocence and he is innocent until proven guilty. For the discussion of whether or not to terminate his employment contract the question is whether there is sufficient reliability in the process of him being charged with the felony or the gross misdemeanors that the City is comfortable in relying on the underlying allegations of those charges to support its decision on whether or not to discipline Mr. Plante. Burkart: Thanked law enforcement personnel and the Scott County Sheriff for their leadership, Mayor and Assistant City Manager Olson and staff for stepping up this past week, the Council and residents in the chambers for being in attendance this evening. As a community, there is some mending to do and he doesn’t make this motion lightly. His first question in closed session was is this he said she said, or is there physical evidence. The City Council relies on the professionals around us that the City hires to provide the Council with solid advice and relevant experience. The answer was that black and white the physical evidence was there and this was not he said she said. Frankly that was all he needed to hear. He hopes as a community we can put this chapter behind us and move on and he would appreciate the support of the motion. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Commented that this is not an easy time for our community and shared a quote from the International City/County Management Association Code of Ethics with Guidelines. “Tenet 3: Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.” That is something this Council holds very near and dear with the actions taken this afternoon. Burkart: Added that if you are a victim of Domestic Abuse please come forward and tell the authorities, please do something to take action. If you take that action then that report will follow that individual around and we need that going forward. APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY BRAID, TO APPROVE THE AGENDA AS PRE- SENTED. DRAFT 08 19 2019 Special City Council Meeting Minutes 3 VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ADJOURNMENT MOTION BY THOMPSON, SECONDED BY BRAID, TO ADJOURN THE MEETING AT 4:41 P.M. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ____________________________ Lori Olson, Interim City Manager