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MINUTES
Grand Forks Civil Service Commission
SPECIAL MEETING
April 10, 2003
4:00 PM
City Hall Room A302

Deliberation Meeting
In the Appeal of the Mayor’s Decision by employees,
Craig Lacher & Michael Shea
The Grand Forks Civil Service Commission was called to order at 4:15PM by
Chairperson Kvasager. Commissioners MacGregor, Johnson, Neis, Bredemeier and
Kvasager present.

Attorney for the Commission, Michael Morley was present.

Public Works employees Craig Lacher and Michael Shea are appealing the decision
of Mayor Michael Brown in their grievance, which claimed sexual harassment and
retaliation by Public Works Director, Todd Feland and Water Treatment Plant
Superintendent, Hazel Fetters-Sletten.

Mayor Brown concluded that the grievance was not sustained as there was
insufficient evidence to support sexual harassment and the associated
retaliation was not validated.

The Commission on March 13, 2003 heard testimony and evidence. Attorneys
Swanson, representing Mayor Brown, and Campbell, representing employees were
directed to submit written final arguments and relief requested by 5PM, March
28, 2003.

A deliberation hearing was scheduled on April 10, 2003 in A302, City Hall.
Discussion held between the Commissioners and Mr. Morley. Mr. Morley advised
the Commission that their review of this appeal is if the Mayor acted within
his discretion or abused his discretion in denying the employees appeal. The
standard of review would include clear and convincing evidence and evidence and
testimony provided. Mr. Morley provided definition of sexual discrimination by
State law and the definition in City Code, which is a broader interpretation.
Discussion held regarding the standard of review for clear and convincing
evidence being somewhere between preponderance of the evidence in a civil suit
and beyond a reasonable doubt in a criminal suit.

Commission Kvasager stated he did not feel the evidence supported an abuse of
the Mayor’s discretion. He also stated the remedy requested by the employees to
have their own separate department and budget was out of the scope of the
Commission’s authority. Commissioner Bredemeier agreed with Commissioner
Kvasager.

Commissioner MacGregor stated there appears to be personality conflicts,
however, he could not find by clear and convincing evidence that the Mayor
abused his discretion. Commissioner Nies agreed with Commission MacGregor.
Commissioner Johnson discussed the series of events and perceptions of the
employees that department heads were acting abrasive.

Commissioner MacGregor introduced Webster’s New World Collegiate Dictionary
with regard to defining retaliation. Discussion held regarding the time frame
of events.

Further discussion held.

It was moved by Commissioner MacGregor and seconded by Commissioner Bredemeier
to affirm the decision of the Mayor in denying the appeal. Attorney Morley was
advised to prepare the Findings of Fact and Conclusions of Law for signature by
the Commission. A roll call vote was taken. Commissioner Bredemeier voted aye;
Commissioner Nies voted aye; Commissioner MacGregor voted aye; Commissioner
Johnson voted aye; Commissioner Kvasager voted aye. All approve, motion
carried.

ADJOURNMENT
It was moved by Bredemeier and seconded by Johnson to adjourn the special
meeting of April 10, 2003. The meeting was adjourned at approximately 4:40PM.


Respectfully Submitted,



Charles N. Bunce
Human Resources Director