Agenda - Council - 12/10/1996 - Laserfiche WebLink

Home

I I I I I Councilmemb~r Beahen stated that everyone was together malting this policy - all the employees were educated!on it and signed it indicating same. She expressed surprise that Mr. Belsaas would refuse the test ~vhen he knew his job was on the line. Councilmemb~r Beyer stated that Mr. Belsaas had the opportunity to explain to Ms. Waite Smith what had happened when they spoke later. Ms. Koskinen. felt that he was probably too embarrassed and it's not something you want to discuss unless you are under oath and have to do so. Councilmember Zimmerman felt that if we do not pursue this, then we do not have a drug testing program. We Ca, ill have excuses for other employees not taking the test. Mr. Belsaas signed a statement - he knew what was happening. Mayor Hardin inquired if both staff and counsel, following review of the policy, feel that it was drafted properly. I I I Ms. Waite Smil:h replied in the affm'native and added that with regard to educating the employees on this policy, .the City even went beyond what they had to. She reminded the Committee that termination did mot have to be the consequence, but the City has to right to terminate. Ms. Koskinen repeated that the City has the fight to terminate an employee, but they are not required to. Why was this not the language drafted into the policy in the first place? There's a contract that governs this also. It's not the policy - it's under the contract as the policy is reflected. The employee ,,~as terminated for insubordination under the contract but it occurred because it was under the policy~ The contract governs the agreement between the City and the employee. I I I I I I "l I Ms. Waite Smith covered this with the attorney. He said we still have the right as the employer to impose this policy. She clarified that she is not suggesting a change in wording, but simply pointing out thaiifyou decide to settle, this policy is not valid. The worst thing you could do is settle and leave flue policy as is. Ms. Koskinen stated that treating a refusal to test the same as a positive test result is far preferable language in this ~olicy - things aren't always black and white. Motion by Mayor Hardin and seconded by Councilmember Beahen to not settle and to continue to . arbitration. Motion carded. ~Voting Yes: Mayor Hardin, Councilmembers Beahen and Beyer. Voting No: None. Councilmember Peterson expressed agreement with the Personnel Committee's decision also. Case #3: Requirements of MPRS Court Order Administrative Sarvices Manager Waite Smith noted that in the weekly report to Council, the City Administrator rep~orted that the judge for the MPRS lawsuit issued the final order. Ramsey was singled out as nee, ding to establish additional measures in order to comply with his order. Ramsey does not have an~. auxiliary positions. The harder thing to comply with is that the judge wants us to make job offevs to minorities. She and Mr. Schroeder have discussed unpaid internsh/ps for minority students.: We already have an additional patrol position budgeted for in 1997, and could dedicate that posi0on to a rrdnority. We have to tell the judge by name, gender, race, etc. who we make an offer to.~ After last week's MPRS meeting, Ms. Waite Smith had a chance to talk with Charlie Lefevre arid he felt these options (internships for minority students, dedicating the patrol Personnel Committee/November 26, 1996 Page 3 of 5