Committee Minutes
MINUTES
Grand Forks Civil Service Commission
Special Meeting – Disciplinary Hearing
November 2, 2006
Chairperson MacGregor called the Grand Forks Civil Service Commission to order at approximately 1:04PM. Commissioners MacGregor, Nies, Johnson, Bredemeier and Burlog present. Attorney Dan Gaustad present for the Commission. Attorney John Warcup present representing Mayor Brown. Employee, Donna Stumphf, Accounting Technician present.
DISCIPLINARY HEARING
Chairperson MacGregor announced the purpose of this meeting is to hear the termination appeal of Donna Stumphf. The Chair introduced Attorney Dan Gaustad as the attorney representing the Civil Service Commission as the Hearing Officer for this matter.
Attorney Gaustad announced the standard of review for this matter per Civil Service Code, provides that the appealing party, Ms. Donna Stumphf, bears the burden of proof and persuasion in all matters for this appeal. If the Commission determines the Mayor’s action from which Ms. Stumphf has appealed is supported by substantial evidence that action is to be sustained. Attorney Gaustad defined substantial evidence as the measure or degree of proof which a reasonable mind might accept as adequate to support or explain a conclusion. It is a low level of proof and is less than a preponderance.
Attorney John Warcup presented the case for the Mayor in the termination of Ms. Stumphf based on testimony under oath from Greg Hoover, Urban Development Department Director and Tina Hoffart, Ms. Stumphf’s immediate supervisor. He also presented evidence as noted in the packet submitted by Human Resources.
Attorney Gaustad commended the Chair for keeping the meeting open and as transparent as possible and still preserving the confidentiality of Ms. Stumphf’s medical records.
Employee, Donna Stumphf presented her case based on testimony from herself and documents copied for the Commission regarding information on various medication.
Attorney Gaustad reminded the Commission that if specific medical records are discussed, the Commission should go into closed session. It was noted for the record that Ms. Stumphf signed an authorization to release medical records and information to all parties within the room, including the Grand Forks Civil Service Commission, Attorney for the Commission, HR Department Staff, City Attorney Office and witnesses. There are no other members in attendance at the meeting.
The Chairperson called for a short recess at 1:55PM. The Chairperson reconvened the meeting at 2:07PM for presentation by Ms. Stumphf.
The Chair called for a short recess at 3:15PM. The Chair reconvened the meeting at 3:23PM for closing statements.
Closing statements were presented by Attorney Warcup for the Mayor and by Ms. Donna Stumphf for herself. Discussion was held by the Commissioners.
Attorney Gaustad held discussion with the Commissioners regarding the scheduling of the deliberation in this matter. The Commission scheduled 1PM, Thursday, November 30, 2006 in Council Chambers. Human Resource staff was directed to telephone Ms. Stumphf as a reminder on the day of the meeting.
ADJOURNMENT
It was moved by Commissioner Bredemeier and seconded by Mr. Burlog to adjourn the special meeting of November 2, 2006. All approve, motion carried. The meeting was adjourned at approximately 3:55PM.
Respectfully submitted,
Daryl Hovland
Human Resources Director