Committee Minutes
MINUTES
Grand Forks Civil Service Commission
SPECIAL MEETING
March 9, 2006
4:30 PM
City Hall Council Chambers
Appeal Hearing and Deliberation Meeting
In the Appeal of the Mayor’s Decision by employee,
Edward Grossbauer
The Grand Forks Civil Service Commission was called to order at 4:31PM by Chairperson MacGregor. Commissioners MacGregor, Johnson, Neis, Bredemeier and Kvasager present. Commissioner Burlog present (not voting).
Attorney for the Commission, Ron Fischer was present and presiding as Hearing Officer.
Firefighter, Senior, Edward Grossbauer is appealing the decision of Mayor Michael Brown to deny his grievance related to the decision of Fire Chief, Peter O’Neill as to the scheduling of hours for Mr. Grossbauer’s employment. The Mayor’s decision was issued on December 5, 2005.
The Mayor agreed Mr. Grossbauer could appeal his decision to the Civil Service Commission outside of the normal time frame provided in the Civil Service Code. The Commission decided it would hear the appeal on it’s merits. An appeal to the Civil Service Commission from a grievance is not evidentiary in nature, but rather to hear arguments of the parties based upon the record submitted and developed before the Mayor. The Commission was provided copies of all documentation submitted by Mr. Grossbauer and/or by the Fire Chief to the Mayor by the Human Resources Department.
Attorney Fischer discussed his role as the Hearing Officer and stated the Civil Service Commission would render it’s decision without his involvement. Commissioner Kvasager’s term expired and Commissioner Burlog has been appointed however, Commissioner Kvasager was on the Commission at the time of the grievance and the Commission recognized Mr. Kvasager for the duration of this grievance as opposed to Commissioner Burlog. Attorney Swanson stated the Mayor has no objection to Mr. Kvasager acting as a Commissioner for purposes of this hearing and to issuing a decision not withstanding the fact that his term has officially expired. Mr. Grossbauer stated he has no objection as well.
Attorney Fischer stated each party would receive 30 minutes to present argument. Mr. Grossbauer had the burden of going forward to show the decision of the Mayor abused his discretion by clear and convincing evidence in denying the grievance. This is the standard of review for the Commission.
The Commission on March 9, 2006 heard argument from Mr. Grossbauer and City Attorney, Howard Swanson, representing Mayor Brown.
Further discussion held.
It was moved by Commissioner Bredemeier and seconded by Commissioner Johnson to affirm the decision of the Mayor in denying the appeal of Mr. Grossbauer. All Commissioners voted unanimously in favor the motion. Motion carried.
ADJOURNMENT
It was moved by Bredemeier and seconded by Johnson to adjourn the special meeting of March 9, 2006. The meeting was adjourned at approximately 5:26PM.
Respectfully Submitted,
Daryl Hovland
Human Resources Director