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MINUTES
Grand Forks Civil Service Commission
January 12, 2006
Vice Chairperson Nies called the Grand Forks Civil Service Commission to order at 3:38PM. Commissioners MacGregor, Kvasager, and Bredemeier present. Commissioner Johnson absent.
APPROVAL OF MINUTES
It was moved by Bredemeier and seconded by Kvasager to approve the December 8, 2005 regular Civil Service minutes as presented. All approve, motion carried.

It was moved by MacGregor and seconded by Bredemeier to approve the November 10, 2005 regular Civil Service minutes as presented. All approve, motion carried.

CHANGES/ADDITIONS
HR Director Hovland requested the Office Specialist, Sr. Reassignment Register request be deleted from the agenda. It was moved by MacGregor and seconded by Kvasager to approve the balance of the agenda as presented. All approve, motion carried.
REASSIGNMENT REGISTER
Police Lieutenant
It was moved by Kvasager and seconded by MacGregor to approve the reassignment register at 72.369% for the Police Lieutenant as follows:
Michael Hedlund
Keith Schroeder
Roger Pohlman
All approve, motion carried. Mr. Hovland expressed a welcome back to Roger Pohlman who has returned from his duty in Iraq.
GIS Coordinator
It was moved by MacGregor and seconded by Bredemeier to approve the reassignment register at 99.00% for the GIS Coordinator as follows:
Adam Jonasson
All approve, motion carried.






ELIGIBILITY REGISTER
Civil Engineer
It was moved by Bredemeier and seconded by Kvasager to approve the eligibility register at 90.00% for the Civil Engineer position as follows:
Cody Bartholomew
Justin Klabo
Paul Konickson
All approve, motion carried.
REQUEST FOR PLACEMENT ON RE-EMPLOYMENT REGISTER
Police Officer – Kelly Janke
It was moved by Kvasager and seconded by MacGregor to approve the placement of Kelly Janke on the re-employment register for a period of one year. All approve, motion carried.

Discussion held by Lt. Sieber regarding the need for retention of officers as there are now six officers on the reemployment register.  Mr. Hovland presented that he is in the process of gathering a public safety forum to address concerns of the police department including statewide registers, salary pay structure, benefits, pension, etc. It was moved by MacGregor and seconded by Kvasager to appoint Commissioner Bredemeier to serve as a Commissioner on this forum. All approve, motion carried.

SCHEDULE GRIEVANCE HEARING
Edward Grossbauer Grievance
Mr. Hovland, HR Director, presented an appeal of a grievance filed by employee, Ed Grossbauer to the Civil Service Commission. Mr. Hovland reminded the Commission, the standard of review is based on abuse of discretion by the Mayor in denying the grievance by the employee per 6-0704.

Mr. Hovland provided the timelines to the Commission in the presentation of the grievance per 6-0702 and 6-0703. The issue giving rise to this grievance occurred on 10/14/2005 and involved the Department Head. The employee filed a grievance directly with the Mayor on 10/28/2005. The Mayor requested an extension of the timeline from the employee and on 12/5/2005, issued a response and decision to the employee. The employee appealed to the Commission, the decision of the Mayor on 12/13/2005. On 12/13/2005, the Mayor requested the Commission grant the necessary time extension to Mr. Grossbauer in scheduling a grievance hearing. Mr. Hovland expressed that this case may involve confidential medical information for which we would have to have a signed release of information from Mr. Grossbauer, prior to submitting material to the Commission.

Commissioner MacGregor asked if the employee missed the timeline in the presentation of the grievance to the Mayor. Mr. Hovland stated the employee had five working days from 10/14/2005 to appeal the decision of the Department Head in this issue. The employee filed the grievance with the Mayor’s office staff who provided a copy to the HR Director. Commissioner’s asked if a copy of the grievance was supplied to the Department Head. Mr. Hovland stated to his knowledge, a complete copy had not been provided. (Chief O’Neill received a copy of the letter of grievance, however, did not receive the supporting documentation on 10/28/05.) Commissioner MacGregor stated the grievance was accepted by the Mayor, which he can do, and issued a decision denying the grievance on 12/5/05. The employee had until 12/12/2005 to file an appeal with the Civil Service Commission. The employee filed an appeal by email on 12/13/2005.

Commissioner Kvasager and Commissioner Nies stated the Mayor is requesting a waiver of the timeline for the appeal to the Civil Service Commission. Mr. Hovland presented the information has not been provided to counsel including Mr. Swanson, until such time as the Commission schedules a hearing.
Commissioner Kvasager is concerned with setting precedent in this matter if timelines are waived because we would be opening the door for any future grievances to be visited one year or two years old. Commissioners stated they would feel more comfortable with an attorney’s advice. Mr. Hovland stated the Commission has 30 days (calendar) to issue a decision after receiving the appeal.

Commissioner Kvasager moved to deny the grievance due to untimely filing by the employee.  Ms. Wilkie suggested the Commission hold the item pending review and opinion of legal counsel for the Commission, Attorney Ron Fischer. Motion died for lack of a second.

It was moved by MacGregor and seconded by Bredemeier to consult Attorney Ron Fischer, regarding the implications of allowing a grievance to move forward based on timely filing as a request by the Mayor. Commissioners Bredemeier, MacGregor and Nies voted in the affirmative, Commissioner Kvasager opposed. Motion carried. Ms. Wilkie will schedule a special meeting for the Commission with Attorney Ron Fischer in this matter. Commissioners requested a closed meeting.


ADJOURNMENT
It was moved by Kvasager and seconded by Bredemeier to adjourn the January 12, 2006 regular meeting. All approve, motion carried. The meeting was adjourned at 4:28PM.
                      Respectfully submitted,



Daryl Hovland
Human Resources Director