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MINUTES
Grand Forks Civil Service Commission

SPECIAL MEETING
Tuesday, October 14, 2003
12 Noon
City Hall Room A302

Deliberation Hearing
Appeal of Mayor’s Decision
Beverly Benda-Moe

The Grand Forks Civil Service Commission was called to order at 12:07PM by
Chairperson Kvasager. Commissioners Bredemeier and Nies present. Commissioners
MacGregor and Johnson absent.

Attorney Ronald Fischer present as counsel for the Civil Service Commission.

Attorney Fischer stated this is the deliberation hearing in the matter of the
appeal of Ms. Benda-Moe from the Mayor’s denial of the grievance against her
department head, Don Shields.

The Standard of Review which is agreed to by both parties, Ms. Benda-Moe and
the Mayor, will be used which is the showing of clear and convincing evidence
that the Mayor abused his discretion in denying the grievance.

Discussion held by Commissioners with their attorney, Ron Fischer, regarding
evidence and testimony heard at the appeal hearing and options the Commission
may issue in their findings and conclusions.

It was moved by Nies and seconded by Bredemeier that there is clear and
convincing evidence on the record, on the face of the May 30th, 2003 Letter of
Counseling, in and of itself, that it was a violation of policy, that there is
no mandatory directive for EAP Counseling. The only reasonable interpretation
of the letter is a mandate for such counseling, or the policy is violated,
therefore the Mayor’s decision on this matter is overturned. The disposition is
the Commission directs that any memo’s in reference to the memo be removed from
Ms. Benda-Moe’s personnel file. The resolution would be, that it is upheld,
only in so far as the memo is concerned, and the memo would be removed from the
personnel file. With regard to the smoking cessation session and the
departmental meeting, the Mayor’s decision is upheld. Discussion held. Ms.
Wilkie, HR Generalist, stated the original issues alleged were harassment,
retaliation, hostile work environment, so for clarification, asked if this
motion supports those three items. Attorney Fischer stated yes.

Commissioners Nies, Bredemeier and Kvasager vote aye. Motion carried.

Attorney Fischer was directed to write a decision that all the Commissioners
will sign and would be then entered as a decision in the case.

ADJOURNMENT
It was moved by Nies and seconded by Bredemeier to adjourn the special meeting
of October 14, 2003. The meeting was adjourned at approximately 1:30PM.

Respectfully Submitted,



Daryl Hovland
Assistant HR Director