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

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sometking cf a substantial nature directly affecting the ~i~hts. . and interests o~ ~he public. The cause must be one ~ou .... nc_ the ?ua!ifications of the officer or his perfo,~mance of i%s duties, showing %hat he is not a fit or proper person =o hold the office. An a~tempt to remove an officer for any cause not affecting his compe.%ency or fitness would be an excess cf power, and eq[uiva!ent to an arbiurary removal, in ~he absence o~ any statutory sm~c~ ~ ~ . . __~_~ca%ion %he sufficiency the cause should be de--ermined with reference %o %he c~aracter of the off{ce and the cuaiifica~-ions necassarv %o~i__~' ~ % id. (citations omitted). The co~r~ ~n State e× re! Jenson v. mqv~ Sera,<ce of MinneaDo..lis, 268 Minn. 536, 130 N.~.2d 143 (Minn. 1964) , cert. denied 380 U.S. 943 (1965), held tha~ notice under the Veterans Preference Act was sufficient where the notice is "ade.~uaue in subs%anco" and "reasonably details the facts claimed 'ao constitute misconduct so that the employee is given _~air opportunity to ~.~repara and d=fand_ . " 268 ..~.,.u~. at 538-39, _~30 N.W. 2d at _~46 . !n conducting a veuer~ns preference hearing, the =ask cf the hearing boar~ is %o detar~-ine whether the emp!oyar has reasonably. Southern Minn. Hun. Power' "Acencv %,'. Schra.d. er, ~94 N.W. 2d 796, 80! (F. inn. A986) . The burden of erocf is on the employer to es~b!ish reasonableness, is. at $02. The board should consider "~he ve~er~,'~ s conduct, ~he effect uoon. the work~iace, and work enviror~ent, and ~he eff-~C=~ uoon the competency and fitness for %he job." ld__~. The hearing board may consider the nature of the job, the duties required uo perfoz-m the job, and the T'-~ ~ ~4cat{ ~== ..... one necessary to fill ~he job. See Pawe!k .......... v.' Camden' To~shi~',-4!B'N.W.2d 47, 50 (Minn. Ct. ~pp. 1987) . The amn!over's. _ actions are ~easonabie~ if thev~ .are ~=l~=-'-, nroDer, just,