Agenda - Council - 08/09/1994 - Laserfiche WebLink

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; CASE # 1 TERM LIMITS FOR FIRE DEPARTMENT OFFICERS By: Kay McAIoney, Administrative Services Manager Background: The League of Minnesota Cities 1994 Annual Loss Control Workshop held on April 27, 1994 contains the following information on Fire Fighter Hiring (Minnetonka City Attorney Desyl Peterson). "Based on case law, fire fighters are considered employees and there is a "just cause" standard for Idiscipline, and are therefore entitled to certain due process rights before termination, iMany volunteer fire departments have by-laws which provide for selection and termination of fire fighters by membership vote, often through secret ballot. The explosion of iemployment law and case decisions make this situation very risky. Under existing discrimination case law, a secret ballot creates a "no-win" situation for the City. (The plaintiff merely needs to show that he/she is in a protected class and was denied employment.I The burden then shifts to the employer to show that there were valid, non- discriminato~ reasons for the decision. How can you prove this when you do not know what was in:the minds of the decision-makers?) Also, there is a high risk that fire departments ,using secret ballots would not comply with due process requirements in terminations.~ To the extent that it is politically feasible, by-laws should be changed (or eliminated), : and employment decisions should be made by the Chief or City Administrator." The MinnesOta Veteran's Preference Act grants veterans a limited preference over non- veterans in hiring and promotion for public employment and also provides protection against unfair., dismissals and demotions. Once an employer appoints a veteran, it cannot remove that person "... except for incompetency or misconduct shown after a hearing, upon due notik:e, upon stated charges in writing (Minnesota Statute 197.447). Current Officer positions Current Term Current Annual Pay for Position Fire Chief 2 year term $600 Assistarlt Fire Chief 2 year term $480 2 Captains 2 year term $360 2 Lieutonants 2 year term $240 Training Officer 1 year term $180 Secreta~ 1 year term $180 Fire Board 3 year term No Pay There is currently no limit to the number of terms an officer may have. Many of the terms stagger so as to not have all new officers at any one time. Currently the positions of Fire Chief, Assistant Fire Chief, Training Officer and Secretary are chosen by nominations and secret balloting. The positions of Captain and Lieutenant are recommended to the department by the Chief and Assistant Chief. The department then affirms or deriies the recommendation by secret ballou