Police & Fire Commission minutes from the 1/12/09 Meeting

MINUTES OF THE POLICE & FIRE COMMISSION HELD ON
MONDAY, JANUARY 12, 2009.

Item #1) Meeting called to order at 6:00 p.m. by Commission member Hayes
Item #2) Roll Call: Gene Berth, Tim Longsine and Ron Hayes
Also present: Mayor Nerenhausen, Chief Hoppe and Chief Carper
Excused: Dick Olson Absent: Steve Gering
Item #3) Moved by Longsine second by Berth to approve the agenda as typed.
Motion carried upon verbal vote. 3 ayes
Item #4) Moved by Berth second by Longsine to approve minutes from the
December 8th, 2008 meeting.
Motion carried upon verbal vote. 3 ayes
Item #5) Correspondence:
a. Request from Lena Snowmobile Club to use Cook Avenue;
Request came before Board of Public Works Committee on December 29th, 2008; Hayes stated he told the club members that were present at the BPW meeting that he would inform Chief Carper of the request; Carper stated that there was an ordinance in place and it was just a matter of proper signage; Berth stated all signs are now posted;
Item #6) Public Input: Vicki Bostedt was present and stated she had received a copy of what Chief Carper and Jason Belleau of the Humane Society have compiled thus far regarding the animal ordinance; Bostedt stated she is very pleased that they are addressing the whole problem …feels an animal control officer is the way to go; Bostedt made a reference to reports from 2008 stating the police responded to 333 animal related calls which resulted in 17 citations being issued; Bostedt stated she will ask the City Council to support recommendations…very good start; Bostedt also commented on other agenda items regarding residency….precedence was set a few years back; Hayes and Berth stated the Commission will deal within in our policy, aware of precedence;
Item #7) Citizen Complaints: None.
Item # DISCUSSION/ACTION/UPDATES ON THE FOLLOWING:
a) ANIMAL ORDINANCE;
Chief Carper stated the documents regarding the animal ordinance were submitted to the Council per their request, including a model animal control law; Chief Carper stated Jason Belleau was very helpful; Hayes questioned about reaction from Council…get council members more involved…Lloyd Heier is very passionate about this; Chief Carper and Belleau will continue to pursue updated drafts and bring back for the March Police and Fire Commission meeting;
Steve Gering arrived.
b) RESIDENCY REQUEST- OFFICER RUECHEL;
Carper stated Officer Ruechel was in attendance with union representative,
Edward Vander Bloomen; Had met prior in an attempt to settle issue but there was some disagreement as to the perception of what violation had occurred; Vander Bloomen recounted the issue of Officer Ruechel moving before submitting a letter to the commission requesting to live outside the city limits; He stated there was no argument about some of the blunders on their part that had occurred, but was requesting consideration to allow Officer Ruechel to move outside of the city; Vander Bloomen stated there was no intent to embarrass the Commission by moving out… Officer Ruechel embarrassed himself by not being more timely with his letter…Ruechel will move back in city if that’s what he is required to do; Vander Bloomen noted that if Officer Ruechel were to reside outside the city, he would still be closer than an officer that lives within the city limits; Ruechel stated upon hire he was given a copy of the policy from 1999 …didn’t mention anything about intention of resigning upon moving outside of the city…1982 policy dealt with residency… was never aware of that policy; Ruechel stated submitting the letter late was not intentional…going through personal issues…forgot to write letter; Ruechel mentioned other employees who were allowed to move out of town…i.e. Wayne Boos, years ago Officer Griebeler…one of the fireman; Ruechel stated he would like to continue to live where he is at…understands he should be reprimanded for not writing letter; Berth stated that everybody wants Officer Ruechel to remain with the department…never was the commissions intent for him to lose his job, however motion was made to request him to move back in; Ruechel questioned if he could write another letter, resubmit and request again; Hayes stated that Ruechel did not ask in advance to move out, therefore he vacated his position; Vander Bloomen stated when the officer was issued the policies, he was not given that policy; Officer Sowle was in attendance and Hayes commented on him having a goatee…how are they aware of the goatee policy, but not aware of residency policy? Sowle stated goatee policy was part of the manual the officers received; Hayes stated the commission decided not to suspend the officer, gave him 30 days to move back into city, since then there has been no action; Ruechel questioned if he could submit another letter? Hayes stated he can…decisions are made on an individual basis…policy has been handled hodge-podge in the past, Hayes commented that in his opinion if you receive a check from the city, you should live in the city…hopes council will react to that when coming up with residency policy; Discussion on department heads being required to reside in the city; Hoppe questioned that as segregating department heads from other employees; Vander Bloomen stated municipalities are relaxing residency rules…i.e. within 10 miles of the city; Berth stated Officer Holcomb was last precedence set…let go because he would not move into city; Hayes stated rules were not meant to punish any one person; Vander Bloomen questioned how do you address the issue of allowing some people to move…can’t it be perceived as discriminatory? Hayes stated there could be legal action by Holcomb if Ruechel is allowed to move; Ruechel stated once again the policy he saw did not mention the residency issue; Carper stated somehow that portion was missing in the manual the officers were given; Hayes stated that was inexcusable; Carper said he never tried to make an excuse; Hayes suggested Carper gives officers correct policy…question Officer Ruechel if he would move back in to town? Ruechel stated he would need time to find a place he can afford; Berth state he doesn’t have a problem giving him additional time…he’s a good officer; Vander Bloomen suggest March 1, 2009; Longsine suggested March 9th…the date of the March commission meeting; Ruechel asked what happens if he doesn’t find a place to stay by then? Hayes stated he will find a place by that date; Sowle questioned other department heads who were given extensions…i.e. the city engineer; The Mayor stated that position has been made a temporary position so residency is not required;
Moved by Berth second by Longsine to approve extension to March 9, 2009 to allow Officer Ruechel to move into the city.
Motion carried upon verbal vote. 4 ayes
c) RESIDENCY REQUEST – CHIEF HOPPE;
Hayes stated the 6 month extension given to Hoppe was up this month; Hoppe stated Chairperson Olson told him not to worry about it; If the commission needs another letter he will give them one…everything he does he gets harassed, has the papers to prove it; Mayor stated all department heads are required to live in the city; Hoppe questioned why Bob Mommaerts is not a city resident; Mayor stated he is a temporary employee; Hayes stated that Hoppe had told the commission he was planning on retiring this year, was that still his intentions? Hoppe stated he didn’t know when he would be leaving, with the way the market has been he may not retire this year; Hoppe stated he has copies from all the letter he has saved to show harassment…ready to get a lawyer; Hoppe questioned why union employees don’t have to live in city; Mayor stated that it is not required according to the union contracts; Hayes stated that Hoppe built a house outside the city limits long before any discussions with the commission; Hoppe stated he had no choice, everybody knew he was building a new home; Hoppe stated there was not a commission meeting for 2 months prior to the July meeting when he submitted the letter; Gering stated that Hoppe has been a dedicated employee, many years of service when requested opportunity to live outside the city…Hoppe stated he planning on retiring…now that it’s approaching, possibly having second thoughts; Hoppe stated he was told to pick a date; Gering stated now that the information has changed, the members have to look back and see if the decision is still valid; Longsine stated we have to go by policy; Hoppe stated he has the house on McDonald Street…will move back…will get a change of address;
Moved by Berth second by Longsine to required Chief Hoppe to move back into city by March 9, 2009 to maintain status as Chief.
Motion carried upon verbal vote. 4 ayes
Chief Hoppe stated if he gets address changed, it means he lives in the city; Hayes stated it means he must reside in the city…required to move in the city; Hayes questioned Carper if Ruechel had lost use of vehicle since living outside the city; Carper stated he had; Hayes informed Hoppe that he should be leaving the city vehicle parked here while he is residing outside the city; Hoppe stated he will remove his equipment from the vehicle and leave it parked at the department;
2009 BUDGETS;
Carper questioned if it was okay to go ahead and make purchases…copier is needed; Hayes stated if it was in the budget, go ahead with purchase; Hoppe stated they have been viewing ambulances…1 today and 2 more on Thursday; $135,000.00 in the budget; May be able to purchase one of them as a demo to bring price down within budgeted amount;
Item #9) Review/recommend Police/Fire/Ambulance Dept. reports including Fire/Ambulance overtime reports;
Moved by Gering second by Hayes to accept reports as presented.
Motion carried upon verbal vote. 4 ayes
Item #10) Approve accounts payable/check register dept. reports;
Moved by Berth second by Gering to accept reports as presented.
Motion carried upon verbal vote. 4 ayes
Item #11) Review expense and revenue dept reports;
Moved by Gering second by Berth to approve the expense and revenue department reports.
Motion carried upon verbal vote. 4 ayes
Berth stated he wants to see final total regarding ambulance revenue;
Item #12) Report on meetings/conferences/seminars attended;
Meeting on Stiles dam…emergency hydro project; Chief Carper reported that he will be attending the Chiefs Convention.
Item #13) Moved by Berth second by Hayes to adjourn meeting at 7:30 p.m. M/C

Minutes submitted by:
Carol F. Stewart
Deputy/Clerk Treasurer