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Terry Hendriksen, 15631 Ramsey Boulevard N.W. ~ informed that he has filed legal action against <br />the City under the Whistle Blower's Statute. He explained his position that since he receives a W- <br />2 and since there is withholding, he feels there is enough proof that he is an employee of the City, <br />and under said statute, the City cannot retaliate against an employee for what he believes to be <br />violations of the law. Mr. Hendriksen stated he hoped the Planning Commission will reaffirm <br />their previous action. He did not see his applying for the seat being in conflict with his position. <br />Mr. Hendriksen referred to similar circumstances occurring to Commissioner Deemer in the past, <br />stating that he supported Commissioner Deemer's reappointment. Mr. Hendriksen stated that if the <br />Planning Commission still believes he is the best candidate, then he would like them to make that <br />recommendation. <br /> <br />Chairperson Bawden noted that in Commissioner Deemer's situation, there was a lapse of time <br />between reappointments, and Commissioner Dee~ affmned that it was approximately 18 <br />months. <br /> <br />Commissioner LaDue recalled that the Planning Commission recommended Deemer the first time <br />and then re-recommended him, and the City Council appointed someone else. <br /> <br />Commissioner Deemer added that he applied for every available seat, including his own, during <br />that 18 months. <br /> <br />Motion by Commissioner Holland and seconded by Commissioner Deemer that the five remaining <br />candidates be forwarded to City Council for their review, giving the City Council the opportunity <br />to also reconsider Mr. Hendriksen. <br /> <br />Further Discussion: Commissioner Deemer stated he was not happy with the situation. <br />Commissioner Holland also suggested that the other candidates might not want to get involved in <br />this. Chairperson Bawden stated "since there is a lawsuit pending, we should have legal advice <br />and, as far as I'm concerned, we don't have any." Commissioner LaDue agreed that he would like <br />City Attorney Goodrich to give the Planning Commission an opinion. Chairperson Bawden added <br />that the City Council still has the opportunity to give this back to the Planning Commission. <br /> <br />Motion carded. Voting Yes: Chairperson Bawden, Commissioners Holland, Deemer, LaDue, <br />Terry, and Thorud. Voting No: None. <br /> <br />Mr. Hendriksen told the Planning Commission, for their information, that he has made an offer to <br />the City that, if the three individuals he believes conducted a meeting in violation of the open <br />meeting law abstain from voting on this matter, he will drop his lawsuit. <br /> <br />Case 09: Monthly Status Report <br /> <br />Commissioner Deemer noted the pending Staff direction dated 12/5/95 requesting the City <br />Attorney's opinion regarding the adoption of changes made to Chapter 9 of the City Code is a moot <br />point. Discussion ensued regarding Commissioner Deemer taking on the complex process of <br />reviewing the City Code for other changes made without documentation. <br /> <br />Case #10: Zoning Bulletin and Zoning News <br /> <br />Commissioner Deemer noted a pertinent case. <br /> <br />Planning Commission/February 6, 1996 <br /> Page 9 of 10 <br /> <br /> <br />