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Councilmember Dehen questioned if it is certain that this is not an at -will employee. He <br />indicated employee code of conduct is outlined in Section 8. 1, and reads somewhat different than <br />the board and commission conduct that was outlined by Mr. Goodrich. He pointed out that they <br />are talking about problems with a specific individual, but there are overtones that they might <br />change the whole policy. He would have liked for this individual to be present to answer <br />questions of the Committee. <br />City Attorney Goodrich indicated the individual can be present if that is the direction of the <br />Committee. <br />Councilmember Dehen stated he has reviewed this packet of information on file. There was a, <br />continuance for dismissal on the last prosecution, which he thinks was totally inappropriate <br />because there had been such a history. Now they will need to start the whole process over. <br />City Attorney Goodrich indicated Attorney Tom Fitzpatrick could address the Committee to <br />provide information on the prosecution and the history of the case. <br />Councilmember Dehen asked if it is the opinion of the City Attorney that there should be a <br />hearing conducted. <br />City Attorney Goodrich replied he thinks that is due process; he does not know that it would <br />need to be a formal hearing. <br />Interim City Administrator Nelson indicated she and Councilmember Dehen discussed this issue, <br />and she suggested bringing it to the Personnel Committee to determine if there is an interest by <br />the Committee to pursue this issue. <br />Chairperson Jeffrey asked if these will be addressed as two separate issues or whether they will <br />be included together. He noted the attendance as an issue that has customarily triggered a <br />warning letter. <br />City Attorney Goodrich recommended a warning letter be sent regarding the attendance policy. <br />Councilmember Dehen stated he is in favor of giving the individual a hearing and seeing what he <br />has to say. He reviewed information included in the file and stated the point is that there is such <br />flagrant disregard. This is an ongoing disregard of people in that neighborhood and it is a basic <br />City function to enforce this. No one should have to live next to this, and the fact that this person <br />sits on a commission makes the City a laughing stock. <br />Chairperson Jeffrey stated to that end, this can be dealt with through the abatement ordinance <br />that is now in place. This is a prime example of why the abatement ordinance is needed. The <br />City now has the teeth to do what is necessary through that ordinance. The attendance policy <br />should be dealt with through the Personnel Committee. <br />Councilmember Dehen stated the problem he has with the whole situation is this is an official <br />that serves on a City commission. This has been ongoing for 15 years. The City has been <br />Personnel Committee / July 24, 2007 <br />Page 3 of 6 <br />