The URL can be used to link to this page

90-562 ORlG1NAL . Council File ,� �''JCJ Green Sheet # RESOLUTION CITY OF NT PAUL, MINNESOTA � � Presented By Referred To Committee: Date WHEREAS, the Mayor has indicated his intention to terminate the appointment of Stephen F. Conroy as Fire Chief, and pursuant to section 12. 12 .4 of the Charter of the City of Saint Paul this action must be approved by the Council by five votes after a hearing before the Council; and WHEREAS, the Council wishes to accord full procedural due process to Chief Conroy in making provision for the hearing while at the same time acting in compliance with the requirements of the Charter in section 12 . 12 .4; and ' WHEREAS, it appears upon advice of counsel that the most fair and expeditious procedure would be to have the evidentiary hearing held before an administrative law judge provided by the Minnesota Office of Hearing Examiners, which ALT would provide the Council with written findings of fact, conclusions of law, and a recommendation for action, together with a record consisting of all the documents and exhibits submitted and received by the ALJ, and such transcriptions of the court reporter's shortharid notes of the � hearing as may be ordered by the Council or the parties, all parties to bear their own transcription costs; and WHEREAS, the Council would then hold a hearing and hear the � parties and/or their attorneys based on the record of the �\ evidentiary hearing, the report of the ALJ, the written exceptions, if any, filed by the parties or their attorneys, and take no new evidence, and make its decision accordingly; and WHEREAS, the Council understands upon advice of counsel that it would be free ori appropriate record support to accept in full or in part, to reject, or to modify the findings and conclusions of the ALJ, and to accept or reject in whole or in part any recommendation or recommendations of the ALJ contained in the report; and WHEREAS, this procedure would follow to the extent possible the procedures now used for adverse actions on licenses, with due regard for the case and statutory law dealing with data privacy and government information and its dissemination; now, therefore, be it I�B 31x8/gv ORIGINAL � � � � ��`�� RESOLVED, that the Office of the City Attorney is instructed to make the appropriate arrangements with the Office of Administrative Hearings to retain its services in the provision of an administrative law judge for the proposed termination of the appointment of Stephen F. Conroy as Fire Chief, as follows: 1 . To hold the evidentiary hearing on the matter, consistent with applicable procedural due process requirements; 2. To make a written report to the Council containing findings of fact, conclusions of law, and a recommendation or recommen- dations for disposition of the proposed termination, together with a brief inemorandum in explanation; 3. To provide a record of the evidentiary hearing through use of of a court reporter, retained either by the Office of City Attorney or the Office of Administrative Hearings, whose notes are readily capable of transcription and use by members of the Council in reviewing testimony of one or more witnesses; 4. To forward to the Council as part of the record all of the exhibits, documents and other evidence received and made part of the record; and 5. That because of the mandates of data privacy and government information laws, all such above matters in numbered paragraphs 2, 3 and 4 will be retained as confidential , and released solely into the custody and control of the City Clerk; except that a copy of the report shall be sent to the attorneys for the parties when it is sent to the City Clerk; and except that all such above matters in numbered paragraphs 1 , 2, 3 and 4 may be opened to the public at the written request of Stephen F. Conroy or his attorney acting on his behalf. and be it FURTHER RESOLVED, that upon receipt of the written report of the ALJ, the parties will have twenty (20) days in which to prepare and file written exceptions to the findings, conclusions and/or recommendations contained in the report with the City Clerk. Such written exceptions, if any, shall be given to each member of the Council upon receipt and prior to the hearing before the Council ; and be it 5�°� OVR I .. � . . . �- �o_ � GiNAL FURTHER RESOLVED, that the Council shall hold a hearing on the proposed termination of the appointment of the Fire Chief, upon the report of the ALJ; written exceptions if any by the parties, and the record of the evidentiary hearing, after the twenty (20) days' period for filing written exceptions has e�ired, at which hearing the parties and their attorneys will be permitted to address the Council, speaking to whether or not the termination of the appointment of Stephen F. Conroy as Fire Chief by the Mayor shall be approved by the Council. � as Navs Absent Requested by Department of: imon oswz c— on �— acca ee �' et man �— une �— z son � BY� � Adopted by Council: Date APR 5 1990 Form Approved by City Attorney Adoption Certified by Council Secretary By; • ' �. ,3 2$-9p r By' Approved by Mayor for Submission to Approved b ayor: Date A� Q �9� Council By: �e��2'� By: PU�tISNED A�R 14 i 9 9 0 � 9a �"�-2 �PARTM[NTlOFFICEICOUNCIL DATE INITIATED �� un�� 1 _ _ GREEN SHEET No. 8 3 4 5 CONTACT PERSON 8 PHONE INITIAU DATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY CAUNCIL W11118.P_l Wi 1 s on Nu�� y ATTORNEY �CITY(YERK MUST BE ON COUNGI AGENDA BY(DAT� pOUTIN(i �BUDOET DIRECTOR �FIN.8 MQT.SERVICEB DIR. �MAYOR(OR ASSISTAWT) � TOTAL#�OF SIQNATURE PAOES 2 (CLIP ALL LOCATIONS FOR SIONATUR� ACTION REOUESTED: Approval of a resolution instructing the City Attorney to make appropriate arrangements to retain the services of the Office of Administrative Hearings for the proposed RECOMMENDATION8:Approw(p a Rsj�.�t(Fq COUNCIL COMMITTEE/i�EARCH REPORT OPTIONAL _PLANNINfi COMMIS810N _CIVIL SERVI�COMMISBION ��YST PHONE NO. _d8 COMMITTEE _ _3TAFF _ COMMENT8: _D18TRICT COURT _ BUPPORTS WFIICH COUNOIL�JECTIVE9 INITIATINO PROBLEM.ISSUE.OPPORTUNCrY(Who.NmM,When,Whsro,Why): The Mayor of the City of St. Paul has indicated his intention to terminate the appointment of Stephen F. Conroy as Fire Chief which, under Section 12.12.4 of the Charter of the City of Saint Paul, must be approved by the City Council by 5 votes after a hearing has been held before the Council. ADVANTAOES IF APPROVED: DIBADVANTA(3ES IF APPROVED: �SADVANTAOE3 IF NOT APPF�VED: TOTAL AMOUNT OF TRANSACTION a COST/REVENUE OIJDOETED(qRCLE ONEj YE8 NO , FUNDING SOURCE ACTIVITY NUMBER FINANGAI INFORMATION:(EXPIAIN) Na do�. w 9s nu, . �w NOTE: COMPLETE DIRECTION3 ARE INCLUDED IN THE CaF1EEN 3NEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASINB OFFICE(PHONE NO.298-4225). ROUTIN(i ORDER: Below are prefsrred routings for the Nve most frequsnt typss of documsrrts: CONTRACTS (�surtbs suitwrized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Accept. Grants) 1. Outeide AgenCy 1. Dspartment DirectOr 2. Inkfating DepertmsM 2. Budget Diroctor 3. Gty Attorney 3. City Attomey 4. Mayor 4. Msycx/MsistaM 5. Ffnance 8�Mymt 3vcs.Director 5. Gty Council 6. Finance AccouMin� 8. Cfilef AcxouMaM, Fln 3 Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RE30LUTION (all others) Reviaion) and ORDINANCE �, q��M�� 1. Iniasting DspartmeM Director 2. Depeutmsnt accouMaM 2• Gty Attorney 3. DepartmeM Director 3. MsyodAaitteurt 4. Budget Director 4. Ciry Couhcil 5. Gty f.yerk 6. Chfef AxountaM,Fln d�MQmt 3vcs. AOMINISTRATIVE ORDERS (all oMsra) 1. Inkiating Dspertment 2. City Attorne�r 3. MayoNAseistant 4. C�ly CIeNc TOTAL NUMBER OF 31CiNATUFiE PAOES Indicate the N of pages on wh�h sipnatures are required and Qa el�pli e�ch of theae p�ss. ACTION RE(�UESTED Deacrfbe what ths projsct/nquset aseks to axompllsh in either chronolopi- cal oMer or o►der of importance,whichever is most appropriate for the issus. Do not w�ite�mplete ssMsnc:es. Bepin each item in your Ifst with a verb. REOOMMENDATIONS Complete if thm issus in qusstbn has bsen present�d bsfore arry body, pubiic a prlvats. SUPPORTS WHI(�i COUNGL OBJECTIVE? Indic�te whk�Ooundl obj�ws(s)your proj�ct/request wpporta by liating the key vrord(s)(HOU31N(3, RECREATION,NEI(iH80RHOODS, ECONOMIC DEVELOPMENT, BUD(iET,SEWER 3EPARATION). (SEE(�AAPLETE LIST IN INSTRUCTIONAL MANUAL.) OOUNGL COMMITTEE/RE3EARCH R�PORT-OPTIONAL AS REGIUESTED BY COUNCIL INITIATiNfi PROBLEM,138UE,OPPORTUNITY Explsin the situation or�ndidons that crsated a nesd for your project or roqusst. ADVANTAQES IF APPROVED indicate whether this is simpy an annual b�procedure required by law/ charter or whsthsr there sre spsciflc wa in which the City of SeiM Paut and its citiza�will beneflt from this pro�t/actlon. DISADVANTA(iES IF APPROVED What negative sifects or major charqea to sxfstin�or past proc�sses might this p►ojecVrequaat produ�if R is passed(e.g.,trefNc delaya, noise, tax increaeea or asssarnsnta)?To Whom?When? For how long? DI3ADVANTACiE3 IF NOT APPROVED What wili be tM negativs conasquern�s if ths promieed action is not approvedl Inabllity to deliver servk�e�Continuad hiyh traffic, noise, acddsnt rate? Loes of revenue? FINANCIAL IMPACT Although you must tailor the informatbn you provide here to the issue you ers addreasing, in�sneral you must answsr two questlona: Haiv m�h is it ' 9oi►ro to cost?Who is 9arp to PaY� �� -�� • ��**o. GITY OF SAINT PAUL , o"+ �� OFFICE OF THE MAYOR ., ii��0 �, � r� �v ,... 347 CITY HALL SAINT PAUL, MINNESOTA 55102 JAMESSCHEIBEL (612) 298-4323 �d '�,t�.# �� MAYOR � z ;��.....�..: �r �.: March 28 1990 ' #�,f!�:�� ' s.,�-� ��; ��- ��:_ .. ��:'�i.�.,.. Mr. William Wilson President City Council City Hall, Sixth Floor Re: Termination of the Appointment of Stephen F. Conroy Dear Mr. Wilson: I have decided to terminate the appointment of Stephen F. Conroy as fire chief of the city of Saint Paul, and by separate letter setting forth the grounds for that action advised him that this action is being taken effective upon his receipt of that letter. That letter will not be provided to the Council or its members until the Council receives the entire hearing record from the administrative law judge holding the evidentiary hearing. I am enclosing a resolution, prepared for me by the Office of the City Attorney, which if adopted by the Council would provide for the use of an ALJ to hold the evidentiary hearing, prepare a report containing findings, conclusion and a recommendation, much as the Council now does for adverse actions against licenses. The Council hearing would be in the nature of an appellate hearing, at which you would hear the arguments of the parties based upon the record from the hearing. I am advised by the attorneys that your freedom to base your decision on the evidence and the record will not in the slightest be hampered by using an ALJ, but rather, that the decision you ultimately reach will be more fair and more defensible as a result. s�4a Ptinted on 8ecyeled Paper ��- S� 2 Council President Wilson Page Two March 28, 1990 Thank you for your consideration of this recommendation. I urge that you introduce and take up consideration of the resolution as soon as possible under your rules. Very trul your , �;��/�,.� J S SCHEIBEL Mayor cc: Council Members Philip B. Byrne Earl P. Gray _ 90 ,�� w • Council File � Green Sheet �` RESOLUTION CITY OF NT PAUL, MINNESOTA � � � Presented By Referred To Committee: Date WHEREAS, the Mayor has indicated his intention to terminate the appointment of Stephen F. Conroy as Fire Chief, and pursuant to section 12. 12.4 of the Charter of the City of Saint Paul this action must be approved by the Council by five votes after a hearing before the Council; and WHEREAS, the Council wishes to accord full procedural due process to Chief Conroy in making provision for the hearing while at the same time acting in compl,iance with the requirements of the Charter in section 12. 12 .4; and' ' ! WHEREAS, it appears upon advice of counsel that the most fair and expeditious procedure would be to have the evidentiary hearing held before an administrative law judge provided by the Minnesota Office of Hearing Examiners, which ALJ would provide the Council with written findings of fact, conclusions of law, and a recommendation for action, together with a record consisting of all the documents and exhibits submitted and received by the ALJ, and such transcriptions of the court reporter's shortharid notes of the hearing as may be ordered by the Council or the parties, all parties to bear their own transcription costs; and WHEREAS, the Council would then hold a hearing and hear the parties and/or their attorneys based on the record of the evidentiary hearing, the report of the ALJ, the written exceptions, if any, filed by the parties or their attorneys, and take no new evidence, and make its decision accordingly; and WHEREAS, the Council understands upon advice of counsel that it would be free on appropriate record support to accept in full or in part, to reject, or to modify the findings and conclusions of the ALJ, and to accept or reject in whole or in part any recommendation or recommendations of the ALJ contained in the report; and WHEREAS, this procedure would follow to the extent possible the procedures now used for adverse actions on licenses, with due regard for the case and statutory law dealing with data privacy and government information and its dissemination; now, therefore, be it �kg 31�s1� ' q o-.3'��. . � RESOLVED, that the Office of the City Attorney is instructed to make the appropriate arrangements with the Office of Administrative Hearings to retain its services in the provision of an administrative law judge for the proposed termination of the appointment of Stephen F. Conroy as Fire Chief, as follows: 1 . To hold the evidentiary hearing on the matter, consistent with applicable procedural due process requirements; 2. To make a written report to the Council containing findings of fact, conclusions of law, and a recommendation or recommen- dations for disposition of the proposed termination, together with a brief inemorandum in explanation; 3. To provide a record of the evidentiary hearing through use of of a court reporter, retained either b,y the Office of City Attorney or the Office of Administrative Hearings, whose notes are readily capable of transcription and use by members of the Council in reviewing testimony of one or more witnesses; 4. To forward to the Council as part of the record all of the exhibits, documents and other evidence received and made part of the record; and 5. That because of the mandates of data privacy and government information laws, all such above matters in numbered paragraphs 2, 3 and 4 will be retained as confidential , and released solely into the custody and control of the City Clerk; except that a copy of the report shall be sent to the attorneys for the parties when it is sent to the City Clerk; and except that all such above matters in numbered paragraphs l , 2, 3 and 4 may be opened to the public at the written request of Stephen F. Conroy or his attorney acting on his behalf. and be it FURTHER RESOLVEO, that upon receipt of the written report of the ALJ, the parties will have twenty (20) days in which to prepare and file written exceptions to the findings, conclusions and/or recommendations contained in the report with the City Clerk. Such written exceptions, if any, shall be given to each member of the Council upon receipt and prior to the hearing before the Council ; and be it . � �� .- . FURTHER RESOLVED, that the Council shall hold a hearing on the proposed termination of the appointment of the Fire Chief, upon the report of the ALJ; written exceptions if any by the parties, and the record of the evidentiary hearing, after the twenty (20) days' period for filing written exceptions has expired, at which hearing the parties and their attorneys will be permitted to address the Council, speaking to whether or not the termination of the appointment of Stephen F. Conroy as Fire Chief by the Mayor shall be approved by the Council. Yeas Navs Absent Requested by Department of: zmon oswztz on acca ee ettman une i son By� Adopted by Council: Date Form Approved by City Attorney Adoption Certified by Council Secretary gy: • • �. 3 2$•90 By� Approved by Mayor for Submission to Approved by Mayor: Date Council By: By� ,n� �.:.. ��'`"`i a :';; a ,., ,. r Y �;: = t�t,�= ,�,- , ;+}. � ,: . : � . � . . . ,...;� m4 �4 � •.� . ... . .. . . .._ ... . . • DEP C•NT CFJ q'_ OA , .. .,o nc 1:. GREE SHEET o� �� , � ' — , ' �;_„ INITIALLD iE N,�" A . _. , �w . E�3 P E �' , `'�� C[OR . � w 9 ,. . , � � W'° on � � � . �,. r r��. NUMBER � EY .�+ ' � � � MU + ,,O UN L', E Q `8 ATE�• _ , � ' °. , , , ; � `�fF STANI'1, ; Y . :�. . ; � � 4 . . . . ::W . . a�� . ��. _ _ . . „ � �•�iy�+7�SV,rl+�,+.�e2Mq,wr��t,��;lfnfl.�,i�:k0.0 r�+a.e>r-�.n., �� ,w�w�'. � � � �.. � a�a.4'w di:�� '"``�>� . 4 . . ,.�.,. ., ..,.:. �TOTAI..ti�!,OF.�SIONATURE,PAQES w, . ., #�(CLI� �„ .,„�LOCA„ONS�FOR�SIGNATUR�; : . � i A RE�UESTED^ ,.. �,:,�;.. : . , ;. . , , ,_; ... ., . ,, : . ,. . , . . ., , w. ,: �� : r��a of a..seso iz ian ns:' : , g torne s' o `e � o r.i�te xr -"smerits � 5 lt t ,. � �� 8ac . , �+[itl�a,. ..� �, � . . � �,..q., k �� st-trr�1 � 4 . t'o e a�.n:, t e serv �ce th Y� e xat>sv,e ear �s o he r.opo ed. � , , ; �: ' , �r?4t�'7�'�„�": rx;' �. �COMMENO TIONS- Iy a�Rsjsct(F� F COUNCILwCOMMITTEEIRESEARCN REPORT OPTIONAL , . `��`� = � �� ` ANALY8T ,...,. . .. .. ONE_NO. . , , _. � � '"'` �_pLANNINO GOMMISSION 'qVIL SERVI�COMMISSION " R �;�,�Al�''G�w�`4�0'�'�6.� " ,E��' � , , � - ' 1 �:.' �e M': E r.�,. ,. . , • _�.3T' � ,f 00 • -" , , . rr� � SUPPORTS:WHI �. % . . �,. y. .:, . . . .,. _ . . 5 . ._ , .. „ : :,, , i, 4 11NO. ''ISSUE;OPPORTUNITY ; +:yVMe� ° . ,� � �� te o�t '�exm i�a�_ °e p�poin t� e e � ,�� ha�ter� e �� a. u e �t , o ot:; " .�� er�a ea ing�has een �,., e o e ci � t.,,.� �d.�➢t.. � .,�. �� n, .t �y .�" 5l. t �� , �� 'Y�i.'a�'"r�w'� �.;1` �',�l +� �°''t ,,£ t - �' '�� } ,g ;° 4 }4qc,! ��.�: s 1.. R � }r.; �a:: "^,t'�.. r�,, t a, rr':�`". ,(!"' ;��2 ��i..� '� � 2.� � c �' E t :;� �a S• i f�.F' T�`� .., . 4- � ... -: P . }+ � ADVANTAdE$IFAPPR�VE�'?}..a . -'.'t aa t ' t. ,.°�, �{x'.��;f1`i'� ,r � .S'�.y� �r r ,;•}'�r�+'G§ e,. :tiS* �.�<,�••�� S'�t r�R+ �tppm�'':4d',7k� ' 4�' �lj:�'.'�p3c�'�v*ro;n'� � { y. ;. , . rv; � .�,A'�' -x.,� .. ) .*�1 f _. ,r '. .�..��qtg'+��...�. 3�';4 �f �.:. �r f .T' ." M1��i`' .� '...X� ri:.rli f:.=`�..l3...�,�.r t��., .�? ,��..s'�'� r�� x'�41P�..,:� �� ,�� .� ��i tP ° �.�� ^ :� j�k{'�aT r��y�1C,„: .:�� i�";�,.�%.° A1>�!3'Pa 7ni i�a _ •�,.�4 ��d � wb'�„�'� y� ,�rtws�.,�;{ � ��:� �.�ti, n�k.�;gfT�s�fif,_. � •:,�.M� .-J�� ,9�;�h�� c r Ry,�u '�'§4�w+t,�.�: �+��C�:,� a;tiN+ �A'ffi��'�,` F'� .s �y": ��:.;.k� �2 n�a Ek;' f i?' �t .�� a�.�� .� �' 4.t r [^?y �!k :,4�. �,�,4�:i�. 7„ ". 5 �};.t � ,r.,:ty�'A'g i - :�A�'�rlt,i'��; '�' ...,,dE: d .n .�� 4�4rg<^":�el�!r a" ��d :1. t r. 3;. -., .. . ""�''1...��' lt�h�C<#t..i.:^i �Fr i�...��`� .�� •xf < *�a. ri M<� �,'�„.:-�"' �� '�`, .. .... ..�,r;,. i ...�e ._,. y� ., 'h'�R �C�� 'f., �� , �,x �,:r:c:'+�•. ,, #t�Y,.Y ^ � ..�*, r,..�. 't�,*n : ��{ �^; 'u`�S�p iS� __: ° �;({``}�; ,�#�i��' r? r � ��5:. $�lti.��>Y��l�S�y'�a�: :#,�" '. k'�} ��q �[r. vr � "�.�'1��+`5 N'1i �� i'9 r�,'N 1 m.,�d`?�"�} • �t :.'^� ��a-� ��.i 1'c � .i 'c. ° � ff a �q' �`� � ��7�`�k �7i t�.. � :.c'e v�. �s�` !�"�fyt�� .�'i t M� '�k�. x& � ,_..'a � �� , �.'�' a �. ?��?�'�.�4;'�3 j . ,1` M<. � 'tyP'St��..?' � .k��: i s�e"�r �� ,, , y�" � �`� , �r �','� r '��. ,. �r.,.+ �� r ,:' � ..�,t �W �.t. � Y *` f -.:ri,;._.. Af� y,�q. a � 1 .� `"S� A �"�.: 3 v i:l �a �a 2� �` r.i4 'Y�y'�., tri�,P. .y�k.ya a �Ta.t :t2� rsW^ :r:tie FC�{ �;'t. i .`+��x .�., �`. '+ p d. � ,,��.,iti:�v'�,,r�'�.� .,^�4�'.. g i,34�:x'A�5.�.�t��y` fS Ls v. " r /'. .,;:�+ �f,«4 i' l J� ,, � P,� � �. tj{, �, ,¢ y q 7 1,. 1, } "2'.'�.. .��-•i�� -'fY��'i .!j :}`C�.y �Y yst �„" `�,3.0�. �w` � +ix��M q y,r,r'�'t 'iti`�h.+C x sl�,�„ ."�:'� i3• •�Y�": � `vR�'PJ4'N'�'x .�ti �'' �, "`sr t a�'-,e'Y .F��r„�x,3� 'KH�1: �.Y +�v�. ; Zy��,.�% .� r��. � i-�„ #'`C�'' .;�",�$ .;:;a� h;,u.�z �'�;ik�.�� G�t'�;�.'��,,$` � f a .��' � xt t y t a r f ��.'�--,; "�`'�.;':�:'E k p�tr. 7 mi X � �'' :.:�� r t ,h� , ��"��;�n�,w s��'a'� �+ ��bhn�`:�'+�;,s t�ri °r ;,r,.�r7 � t ,, r- }1 �„�'�. � x a...:4�a�. s t5�r�i�� °Zi M,�',:� -t t �-e+"'�� ..> t•• � ,�Ca.+�.t �.�.,�s sr��i'� i x �. ,r ar.,: �.�.sg�,'"�, '� i�. s uv:. 5{ <;�r: xr� xr,:_ r� .�# ?:.»f-� t ni� � •+3� �aW,s�x ,i�,�t^� c .tii e'F ::r.,p.M1 �.�.. ,.�.y�,r� iz �`� �,-.,T4 4 .t o- i.c,? i�. 4'�':� ��:. r {�r ;��., �.}��. .''.� �,:t�- 5:.,; � f.S.�`.?: t�-,:^+��xt �t��:�-„Y '��, �ti'-�;�'t �'�?�;5�r�.�" �t�.P.:�.,!�.�r�n.�}�'�,F;`�'�.':v. ,�,. ';.�'..�, ,�7�r � ..�:'_ .{ ��; J , i�A�� 6�'; '�r� .J�� 2;,'. 'wFf �}:;],5�'�q ,.x�.�, a�,.�C'� .t�r�2 �,��w .� �t� �v; €��t r +,,"', �•-,zx �.t,c� . �n,.� "1"�� ;*,',(� '�� s��1;y� s,��,�., �,�1..��, �eY,�,,. �5v s� �j., �i x,,� a�.:,ir " �3�-�.d`wa, �FA��' S�� '�'� �Q�.� ��..��`�Y��:i�:+. s�»rr1 t,��`,�`. �t� '��i ° y -�'�'L'�m ,�6 ',4�''. �" f ' � 1 ,�'"`iNr` � ! �v}'`k ,7,�r,�, :�.;„�'f..�f f ✓�t3t 1��: � }� h �� '- y i�1'i • �# �. trT w„Y, y rt i :ty 'T� { i �"t� � i'`-�. r. �C � '9; � . � r�'..a trF L �r 3 M � t . . �y1te ..r �A��.t'i ra �'�a F r y� �r �x �i",�� .r'? �+.� �A d ;�.ls '«�.�tfk�:�� - d�r r v r�' � .i:�,3vt �2' t,+' �,' � '��3a � 3,.»..'�e+,,,��k� ,.�",,.,�,+.?�� 3Sr.� 1��`:a�.- � a e h�� '� �'",�.��'�'�e .�",',�.g .,e �rY -� �a �t�.... ti �t�r ,�,,•��.�. � ,_� �{'; x �^'. s:l'1 S� ..a«t, _F. � '� s,h�:. F� x�,..�eal DISADVANTAOES IF APPROVED:'�� '. , 9 ' s ��.,.. � �, ��t�« , r ,��'Q ti '�4� 1> °`y,�, �. i�,.:�� :� :' a �5A "�, �f n °.,� , 3?�XY �;.Sr�Z a,�,�pa ,k�"� �,. ''�,.+�1 r,`��,�nE�.. �1��r+t,��rn.;t'�'�V°a+r�.�n.�� `�._�i��, �.:�:-5'� +e��] �.z #� ' .��j. . � c. i� �' � ' , a' � � $ ��* � � t � �- 2, i d�,.t'�y,^> �s y�.� �k +'S. af . r i ::r i `'�I;,,R� � r�� £�;�itR x'�F9''�!�,� � j�T�xa;tA�vi a 2"�i.(/4t�.rr��X�}�54;1 +'l�t�'N.6��"�'�`�� .*i'� t��pr`,:;� ��k��,s,��;}�,;dS : .�_ r fi.p < A� �� :� �N '4 ��'�rt;it � l' .a� s. " z} q?a' S�4� a yrr�y 1.' i{ �� 2.? ,y� �� y v' '; c. +��„ r �� f,r 't`f ! � Y 1 t �;. ax � .,� � i i S ;4� '� }�t h�A� + ��,�' � � '`� f'� �� ' ��l i'�r�:�:y�Z�� r'4.; Yjrt ,�t ,t y�.p�d t�'3y3�� "i'�at�;,t s-a t��c a � a 'M E a s r �� s � #�5� i "�t �r.n;�,5 `U=:4� �' �.� j,r;. +s` 1-.�.'; � .,�,�-v� t ,�� x f;�. �r1�,� �`2 �' a ..}t�'�d '� �.�, ��t rd "ts�,X;'y ) q�, at . E 4 ,nt J � �'�.e ��l y� �,�. �y�. � �{�r'7� x s�� 'i2 ) ��'. b !� �' A ',S '� r�.�,tY ...' S sY.. -�', �t r�i'�` ,p°: � ��b S'`u (�' ��: ° � � ! � � �`F'� '�x �?, ;�': � ' .j, ,i,:'a rn. , �'r� '� � �r� �t", �,�� DISADVANTAOES F NOT APPROVEO p '�' � f� � "�}�a � i � .. , , . ;, �, �"�yka�,} ..� +.��. ��. �+9 .yf � y, „ < ti F �£;� � r '� �� . � 4;�� V � ' � � r A�� y� �t V �� ', i��` �� '° �{ ,�� '.. .i �� A'�; + k��,. ��If.; �g`'' . Yli. .r , OT O` _ ON,:i U , (q 0 �F�lN . : , , ,.,... . wr4uw,..,.�.a.c,r� -.��-1..i.a:>:� 3..., _.� x.a,.r..w:z .#la..�Nv.iS:xt..e a,'r..z�ti€iYYC¢6.r1"s;467,r^-�.#SaP;.,..,vl... . . . �....wr,-, ,_ .�..ts.�.�a,'�<i�r��.,`Yx�!�i:3.s,nt"4�.,�.�7'�'�s��ik`�p� --+,r.`�i�£�1�`�{�-.,4-. ' , _ 9v -.sG�. •� ��t==o. CITY OF SAINT PAUL ,� '; OFFICE OF THE MAYOR � 'iii�i i�p : M' "� 347 CITY HALL "'� SAINT PAUL, MINNESOTA 55102 JAMESSCHEIBEL (612) 298-4323 y,�'/�' � � Mr..Y � MAYOR � ` �F �� March 28, 1990 /A�}p�G3 � . �111Q'�3v C-� � �..JV LlL� �.. `��:�.�L�:J�� Mr. William Wilson President City Council City Hall, Sixth Floor Re: Termination of the Appointment of Stephen F. Conroy Dear Mr. Wilson: I have decided to terminate the appointment of Stephen F. Conroy as fire chief of the city of Saint Paul, and by separate letter � setting forth the grounds for that action advised him that this action is being taken effective upon his receipt of that letter. - That letter will not be provided to the Council or its members until the Council receives the entire hearing record from the administrative law judge holding the evidentiary hearing. I am enclosing a resolution, prepared for me by the Office of the City Attorney, which if adopted by the Council would provide for ,the use of an ALT to hold the evidentiary hearing, prepare a report containing findings, conclusion and a recommendation, much as the Council now does for adverse actions against licenses. The Council hearing would be in the nature of an appellate hearing, at which you would hear the arguments of the parties based upon the record from the hearing. I am advised by the attorneys that your freedom to base your decision on the evidence and the record will not in the slightest be hampered by using an ALJ, but rather, that the decision you ultimately reach will be more fair and more defensible as a result. s�,4e Pdnud oa Recycicd Paper . �� S�z Council President Wilson Page Two March 28, 1990 Thank you for your consideration of this recommendation. I urge that you introduce and take up consideration of the resolution as soon as possible under your rules. Very„truV�y yJG�r �S, / ��i i ;�,�, J S SCHEIBEL Mayor cc: Council Members Philip B. Byrne � Earl P. Gray . _ _ ... �.... . . . � � �� '-�G'Z . ' ,�===a. CITY OP` SAINT PAUL �"� '� OFFICE OF THE MAYOR � ii'ii i i� Q � � 347 CITY HALL �... SAINT PAUL, MINNESOTA 55102 JAMESSCHEIBEL (612) 298-4323 � , �. � Y f.�� ti I�i MAYOR � �? �` �r �"� ��.,� , �. March 28, 1990 f,�� i-.�� L�i' �_ \'!%1L`:�vI: Mr. William Wilson President City Council City Hall, Sixth Floor Re: Termination of the Appointment of Stephen F. Conroy Dear Mr. Wilson: I have decided to terminate the appointment of Stephen F. Conroy as fire chief of the city of Saint Paul, and by separate letter setting forth the grounds for that action advised him that this action is being taken effective upon his receipt of that letter. - That letter will not be provided to the Council or its members until the Council receives the entire hearing record from the administrative law judge holding the evidentiary hearing. I am enclosing a resolution, prepared for me by the Office of the City Attorney, which if adopted by the Council would provide for the use of an ALJ to hold the evidentiary hearing, prepare a report containing findings, conclusion and a recommendation, much as the Council now does for adverse actions against licenses. The Council hearing would be in the nature of an appellate hearing, at which you would hear the arguments of the parties based upon the record from the hearing. I am advised by the attorneys that your freedom to base your decision on the evidence and the record will not in the slightest be hampered by using an ALJ, but rather, that the decision you ultimately reach will be more fair and more defensible as a result. s�4e Prloted�Recyded Papec - � . (� yo-s�Z Council President Wilson Page Two March 28, 1990 Thank you for your consideration of this recommendation. I urge that you introduce and take up consideration of the resolution as soon as possible under your rules. Very_truy�y ! '�� / %,i�✓,.�Av J S SCHEIBEL Mayor cc: Council Members Philip B. Byrne Earl P. Gray , � a-�1�� • Council File ,� d�� +" Green Sheet # RESOLUTION CITY OF NT PAUL, MINNESOTA � � � Presented By Referred To Committee: Date WHEREAS, the Mayor has indicated his intention to terminate the appointment of Stephen F. Conroy as Fire Chief, and pursuant to section 12. 12.4 of the Charter of the City of Saint Paul this action must be approved by the Council by five votes after a hearing before the Council; and WHEREAS, the Council wishes to accord full procedural due process to Chief Conroy in making provision for the hearing while at the same time acting in compl,iance .with the requirements of the Charter in section 12, 12.4; and ' ! WHEREAS, it appears upon advice of counsel that the most fair and expeditious procedure would be to have the evidentiary hearing held before an administrative law judge provided by the Minnesota Office of Hearing Examiners, which ALJ would provide the Council with written findings of fact, conclusions of law, and a recommendation for action, together with a record consisting of all the documents and e�ibits submitted and received by the ALJ, and such transcriptions of the court reporter's shortharid notes of the hearing as may be ordered by the Council or the parties, all parties to bear their own transcription costs; and WHEREAS, the Council would then hold a hearing and hear the parties and/or their attorneys based on the record of the evidentiary hearing, the report of the ALJ, the written exceptions, if any, filed by the parties or their attorneys, and take no new evidence, and make its decision accordingly; and WHEREAS, the Council understands upon advice of counsel that it would be free on appropriate record support to accept in full or in part, to reject, or to modify the findings and conclusions of the ALJ, and to accept or reject in whole or in part any recommendation or recommendations of the ALJ contained in the report; and WHEREAS, this procedure would follow to the extent possible the procedures now used for adverse actions on licenses, with due regard for the case and statutory law dealing with data privacy and government information and its dissemination; now, therefore, be it I�kB 3��g�� ' 9�-��2 RESOLVED, that the Office of the City Attorney is instructed to make the appropriate arrangements with the Office of Administrative Hearings to retain its services in the provision of an administrative law judge for the proposed termination of the appointment of Stephen F. Conroy as Fire Chief, as follows: 1 . To hold the evidentiary hearing on the matter, consistent with applicable procedural due process requirements; 2. To make a written report to the Council containing findings of fact, conclusions of law, and a recommendation or recommen- dations for disposition of the proposed termination, together with a brief inemorandum in explanation; 3. To provide a record of the evidentiary hearing through use of of a court reporter, retained either by the Office of City Attorney or the Office of Administrative Hearings, whose notes are readily capable of transcription and use by members of the Council in reviewing testimony of one or more witnesses; 4. To forward to the Council as part of the record all of the exhibits, documents and other evidence received and made part of the record; and 5. That because of the mandates of data privacy and government information laws, all such above matters in numbered paragraphs 2, 3 and 4 will be retained as confidential , and released solely into the custody and control of the City Clerk; except that a copy of the report shall be sent to the attorneys for the parties when it is sent to the City Clerk; and except that all such above matters in numbered paragraphs 1 , 2, 3 and 4 may be opened to the public at the written request of Stephen F. Conroy or his attorney acting on his behalf. and be it FURTHER RESOLVED, that upon receipt of the written report of the ALJ, the parties will have twenty (20) days in which to prepare and file written except�ons to the findings, conclusions and/or recommendations contained in the report with the City Clerk. Such written exceptions, if any, shall be given to each member of the Council upon receipt and prior to the hearing before the Council ; and be it , �J- �� 2 FURTHER RESOLVED, that the Council shall hold a hearing on the proposed termination of the appointment of the Fire Chief, upon the report of the ALJ; written exceptions if any by the parties, and the record of the evidentiary hearing, after the twenty (20) days' period for filing written exceptions has expired, at which hearing the parties and their attorneys will be permitted to address the Council, speaking to whether or not the termination of the appointment of Stephen F. Conroy as Fire Chief by the Mayor shall be approved by the Council. Yeas Navs Absent Requested by Department of: imon oswztz on acca ee et man : une i son By� Adopted by Council: Date Form Approved by City Attorney Adoption Certified by Council Secretary By: • • �. .3 2$•90 By� Approved by Mayor for Submission to Council Approved by Mayor: Date By: By�