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09/14/94
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09/14/94
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Meetings
Meeting Document Type
Agenda
Document Title
Fire Board
Document Date
09/14/1994
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something of a substantial nature directly affecting the <br />right~ and interests of the public. The cause must be one <br />touching the qualifications of the officer or his performance <br />of its duties, showing that he is not a fit or proper person <br />to hold the office. An attempt to remove an officer for any <br />cause'not affecting his competency or fitness would be an <br />excess of power, and equivalent to an arbitrary removal. In <br />the absence of any statutory specification the sufficiency of <br />the ca~se should be determined with reference to the character <br />of the office, and 'the qualifications necessary to fill it. <br /> <br />Id.. (citations omitted). <br /> <br />The court in State ex tel. Jenson v. Civil Service Commission <br /> <br />of Minneapoi!is, 268 Minn. 536, 130 N.W.2d 143 (Minn. 1964), cert. <br /> <br />denied 380 U.S. 943 (1965), held that notice under the Veterans <br />Preference Act was sufficient where the notice is "adequate in <br />substance" and "reasonably details the facts claimed to constitute <br /> <br />misconduct so that the employee is given fair opportunity to <br /> <br />prepare end.defend." <br /> <br />268 Minn. at 538-39, 130 N.W.2d at 146. <br /> <br />In conducting a veterans preference hearing, the task of the <br /> <br />hearing board is to dete!-mine whether the employer has acted <br />reasonably.. Southern Minn. Mun. Power Aqencv v. Schrader, 394 <br /> <br />N.W.2d 796,~ 801 (Minn. 1986). The burden of proof is on the <br />employer to. establish reasonableness. Id. at 802. The board <br /> <br />should consider "the veteran's conduct, the effect upon the <br /> <br />workplace ahd work environment, and the effect upon the veteran's <br />competency and fitness for the job." Id.. The hearing board may <br /> <br />consider the nature of the job, the duties required to perform the <br /> <br />job, and the qualifications necessary to fill the job. See Pawelk <br />v.' Camden-T~wns. hip',--'415'N.W 2d 47~'50 (Minn. ct. ~pP. 1987). The <br /> <br />employer's actions are reasonable if they .are fair, proper, just, <br /> <br />-5- <br /> <br /> <br />
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