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City Council Regular Meeting — O1/31/05 <br />DRAFT Minutes - Page 19 <br />Discussion ensued related to interim employees; internal and/or <br />external hiring and the hiring process and status to-date; position <br />description of the Skating Center Manager; Liaison of the <br />position with user groups; and management structure of the <br />facility. <br />Councilmember Kough spoke in support of the motion; using the <br />elimination of the Police Department's Assistant Chief position <br />as an example of reorganization within a department. <br />City Attorney Anderson provided his legal opinion of not filling <br />the position relevant to the potential for liability claims against <br />the City, given the type of events held at the Skating Center (i.e., <br />failure to maintain safe and secure premises; and negligent <br />training and supervision) and cautioned the City Council <br />exposing themselves to potentially liable situations due to lack of <br />sufficient management staff at the Center. Mr. Anderson noted <br />that the history of having had the position for 37 years, and then <br />eliminating the position, the Council needed to take into account <br />liability needs as well as budgetary or policy decisions to argue <br />immunity. <br />Councilmember Schroeder encouraged Mr. Brokke to evaluate <br />the entire program as a whole at this time to determine <br />assignments in more detail. <br />Mr. Brokke reiterated the differences in the two management <br />positions, noting that the other position is that of an Assistant <br />Manager on the Recreation Program side, and having only two <br />people in those positions was lean, considering that most <br />facilities of that size would have six to eight management <br />positions. Mr. Brokke provided his professional opinion that this <br />position was necessary to avoid risk to the public and the City, <br />and in order to continue operations at their current level until a <br />decision is made regarding future operations. <br />Further discussion included potential downsizing or elimination <br />of the position if the OVAL didn't go forward at full operation; <br />the probationary period of one year that would allow time for the <br />Task Force to make some determinations as to future operations; <br />and current staffing responsibilities and constraints on time <br />