Agenda - Council - 09/27/1994 - Laserfiche WebLink

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Zittel ~ow appeals the decision of the Board, claiming that his due pro,ess rights under the United States and Minnesota . . .- . Cl~y to give Constitution~ have been violated by faqlu~ os the '- sufficient nd~ice of the charges upon which termination was based and by the improper influence- of the Winona City Attorney prior to, d~in~ and a~ter the hearing, which essentially deprived hi~ of a fair and impartial hearing. Zit%el also contends that the Board made nu_merousi errors of law at the hearing by achnit~ing evidence wkich was __l. elevant, prejudicial and lacking in foundation. Finally, Zitt~l asserts that the Board's Conclusions of Law were The Vete by the evidence and were con~ra_~y to law. ii. D_D PLi C~_BLE 'LAW ,~ns Preference Ac~, ~inn. S~at ~ _~7 46 (~o92) , ? urokibits a ou~b!ic emo40yer ~rom. removing an honormb!y discharged veteran fro~ [=_mplo.%nment '~exce~t for incompetency or miscoDduct show/~ after a l hearing, upon due notice, upon s~a~ed charges, in The ~innesmta Supreme Court has held t_hat there is no sicnificmn% difference between the "misconduct" re~cired under ~he Veterans ~ ~e~ "jus~ recuired by _ ~e~ ence Act and the cause" S--t~ . _~ 44. 05,. subd. _~ (~°~2),_.~ in the absence of wkich no city employee may be dismissed er susoended. Leinincer v. C~v cf Bloominc~on, 299 N.W.2d 723, 726 (Minn. 1980) . Therefore, the '~~a'=~_~ m_!a sma~dard ~o de~e_~nine misconduc~ is as follows: 'Cause' oD 'sufficient cause,' means'-"!eca! cause,' and any cause ~hich the council may think sufficient. The cause must be ~ne ~hich specially re!a%es ~o and affects the administration of the ' office, and musL -be restricted