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Home My WebLink About78-076 'u ,~ . . . -- . . '~i'lr :..,t..~~,:'. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HLLLS RESOLUT.lON No. 78-76 RESOLUTIONOISCHARGING PUBLIC WORKS EMPLOYEE WAYNE LAUNOERVILLE EFFECTIVE NOVEMBER 14, 1978 WHEREAS. WAYNE LAUNOERVILLE (hereinafter "Laundervllle") is and h~s been for approximately the last ten years an employee In the Public Works Department of the CITY OF ARDEN HILLSlhereln- after the "Clty"J. Jlnd' , WHEREAS. ARTICLE XIV of the 1977-1978 Labor Agreement between the City and the International Union of Operating Engineers. Loe.I.. No.. 49 offhe ,AFL~IO (herelnafter,the"Unlon"J. which relates to aH of the employees In the Clty's Public Works Department Including Laundervllle. provides that "the Employer (I.e., the City) retains the sole right to discipline and ells- . oharge employees", .and WHEREAS. ART! CLE V of the afores.,.ld Labor Agreement with the Union provides, In pertInent part. that "The UnIon recognizes the prerogative of the Employer (I.e.. the City) 'to operete and manage Its affalrs'ln all respects In.a~cordanee with existing and future laws and reguhtlons of approprIate authorIties Including municipality personnel policies and work rules", and . WHEREAS, Section 1.A of the Clty's Personnel OrdInance, Ordinance No. 83. as amended, gives the Clty's Council the power to ~Ismlss. demote or suspend any employee at any time wIth or without cause, andSectlon 2.8. thereof gives the Clerk-Adminis- trator of the City the power to suspend any employee pendIng a hearing before the Clty's CouncIl If In .Ms or her Judglllentthe Employee's continuance on the ~ob would be prejudicial to the safety and general weltere of the City and the duty to place the matter on theCoUncll's.agenda at the next regular meeting (after the suspension has taken plaoe) for a hearing as to whether the suspended employee should be reinstated wIth pay. further sus- pended, demoted or discharged, and WHEREAS, pursuant to said SectIon 2 01 Or~IR4nce No. 83. as amended. the Clerk-AdminIstrator, by letter dated October 20, 1978 duly addressed and mailed to Laundervllle. notIfIed htll that he was suspended for sIx (6) workIng days from October 23 through October 30. 1978 for rellsons enumerated In saId letter and advised ~aundervllle that a hearIng relating to the matter of his suspenSion would be placed on the agenda of the Council's .eetlng on October 30. 1978 llnd that he had the right to appellr before the Council at that tIme. and > ,,-,'," ~J'- . WHEREAS, Launde..vllle appeared at said Councllm.etlng on Octobe.. 30, 1978 and was ..ep..esented by M... Timothy Co~no..s of the Union who asked that the h....lng be continued to1'he Council's meeting of Novembe.. 13,1978, and WHEREAS, Launde..vllle appear-ed at said contInued hea..lng before the Councl I on November 13, 1978, agaIn ..ep..esented by M... Conno..s of the Union, and was given full oppo..tunlty to adduce evIdence at said hearIng and to c..oss-examlne wltnes,es p..esentlng evIdence as to his conduct as an employee of the PublIc Works Depa..tment, and . . WHEREAS, uncontrove..ted evidence at said hearing Indi- cated that, among othe.. thIngs, I. Launde..vllle had been suspended In September of 1977 In connectIon with a wate.. tower Incident which Is documented In the minutes of the Councl I 's meetings du..lng that month; 2. Laundervllle stole an automobile during the summer of 1978 for whIch he was not convicted but fo.. whIch he received a lesse.. conviction of tampe..lng with an automobile; 3. Recently Launde..vllle stole a lawn cart f..om p..lvate prope..ty on Thom Drive; 4. The Public Wo..ks Superintendent of the City has re~ celved numerous complaInts f..om all of Launderville's fellow employees In t~e Public Works Depa..tment as to his, among other things, taking naps while on duty, t..ansactlng pe..sonal business In and outside of the City while on duty, failing to do at all o~fully complete Jobs specified by the Superintendent, failing to assist other employees In completing Job assignments, engende..lng dissatisfactIon on the pa..t of all the othe.. employees of the Public Works Depart.entto the point at w~lch each one of them, at various times, Indicated to the Supe..lntendent his desl..e not to fu..ther work with Launderville, and In general disrupting the whO;Ie PUblic W4!1rks Oepertment; 5. Two days afte.. the car incident mentioned above, Jaundervllle ulledone of the City's vans while on'duty for the purpose of taking roofing mate..- lals, not owned by ~Im, f..om a construction site for his own pe..sonaf use; . 6. Rece.lltt"t!' L'unc8'I'vIHe spen,t.ti-. while on duty drhing .llrq'~",d the City 1001<'"9 for a 4" x 4" pleet:.,of, l'U1Ilber "for.,his P.rsonal mat'lbox end also spent some time at the City's water tower dls.ent- ling Illumlnum signs for his son who collects Illumlnum for spr.p and transported these items In one of the 'Cl'ty's villlS; . - 2 - , ""<IfI<.-:~ !"" ~~"-~H'''' ............, , "' ~"''''~'!f.';''.' < 7. On another occasion, Laundervllle kicked the door on one of the City's trucks, brlliakln9~th. 'atch thereof, whIch he did subsequentlyrep~tr on his. own time; . Launderv I,lle took for his own persona I use seven fire brick from a construction site on Indian Oaks Court and transported them In one of the CI~yJs trucks; Laundervllle adlllltted that he had been respon- sible for the foregoing petty thefts; and 10. Laundervllle has In general exemplified a poor attitude towards his Jo.and his fellow employees during the recent years of employ- ment In the Public Works Department of the City, and 9. 8. . . WHEREAS, Laundervlll.e Is currently undergolftg treatment for alcoholism at the Twin Town Treatment Center, which treatment commenced after Laundervllle's susp.nsl.n on October 23, 1978, and WHEREAS, evidence adduced at the hearing tende~ s~rongly to Indicate that Laundervllle's alleged problem with ale-ohalhad little If any calolsal relationship to hIs misconduc:t as an empioyee in the City's Public Works Department, and WHEREAS, Laundervllle admitted to the Council that hie attitude towards his Job and fellow eRiployees was very p~r, and WHEREAS, the moraie of the Pu~llc Works Department employees has suffered greatly as a result of LaundervUle's mlsfe.sance, malfeasance, and nonfeasance as enumerate. above, and WHERE,A~, because of h1~,;;"",htconduct lIS cited above, Laundervllle can no longer, C01lllllan It. "the 'trust of the City Council wh I ch the CO,unc II fee I s must be warranted !!IS to each and every on. of Its emplctyees because of ,the: public nature of each employee's responsibilities, and WHEREAS, Laundervllle's continued employment with the City would tarnish the CIty's Image as custodian or trustee of a pubHc trullt on. behaLf ofeach.end,lilvery one of the :cltlzenswho reside or do business wl~hln the boundaries of the City, and WHEREAS, because the City has such a small emplOYMent group, the shiftIng of Laun~ervl lie to another de~artM.nt of the City would l'Iot be fUsible, would be detrimental and dIsruptive to the morale of the overaliemployment group, al'ld perhaps would be detrlmen.tal to Laundervllle's recovery from his alleged probleM with alconol:, and WHEREAS, It Is thus.Jn the pu~llc Interests ~f the City that Laundervllle no longer continue In the Cltyfsemploy, but the City desires to compensate Laundervllle for accrued vacation tllll8 and compenSlltory tlllle for overtime work and to pay on his behalf premiums fot health' I coverage for two (2), months from the end of November, 1976, . . 3 ~t ;" . . . . . ~ -"i ".~.,< .. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Arden Hills, acting unanimously, that Laundervltle's employment i!I$ an employee In Its Public Works Oepertlllent be terminated effective November 14, 1978 because of the reasons enumerated In the recitals hereof. BE IT FURTHER RESOLVED, THAT THE Clerk Administrator Is hereby Instructed and 1:11 rected forthwith to compensate Laundervl lie for 120 hours of accrued vacation time and 28 hours of compensatory time for overtime work which he has earned during the course of his employment with the City. BE IT FURTHER RESOLVED, that the Clerk-Administrator Is hereby Instructed and directed to pay on behalf of Laundervllle on December I, 1978 and January I, 1979--but not thereafter--the premiums allocable to Laundervllle and his dependents so as to continue the health Insurance coverage afforded to Laundervllle and his dependents under the Clty?s group polley with The Guardian Life Insurance Company of America, and to assist Laundervllle to the extent altowed In said polley to continue the aforesaid coverage at his oWll,expen5'e from an,dafter February.,J"J979. BE IT ,FURTHER RESOLVED, that1'h'e6 I erk,.Adml n I strator Is hereby Instructed and directed to send Laundervllle a certified copy of this Resolutl.w,by certified mal I,return reeelpt requested. Passed by the Arden Hills City Council this 27th day of November, 1978. LY&J~ "",.tt. Me .... Clerk-Administrator 4