HomeMy WebLinkAbout3. Mayor and City Attorney will Discuss format of meeting.
� • ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
�
' AUGUST 1, 1994
Pursuant to due ca11 and notice thereof a special meeting of the City Council of the City of Rosemount was
duly held on Monday, August 1, 1994, at b:30 p.m. in the Council Chambers at City Ha11, 2875 - 145th
Street West, Rosemount, Minnesota.
Mayor McMenomy called the meeting to order with all councilmembers present. Also in attendance were
City Attorney Charlie LeFevere, City Administrator Thomas Burt and Administrative Assistant Susan
Wa1sh.
Mayor McMenomy led the group in the Pledge of Allegiance.
City Attorney Charlie LeFevere advised the purpose of the special council meeting was for former
employee David Bechtold to go through the fmal step of the employee grievance process as a result of Mr.
Bechtold being laid off from the city effective June 1'7, 1994. This step in the grievance process will allow
Mr. Bechtold to grieve the layoff decision by the City Council and to present facts to the City Council so
the City Council is fully informed on the points being grieved by Mr. Bechtold.
Attorney LaFever noted the meeting is not a public hearing and only audience members directly involved
will be allowed to participate. The city attorney further noted that the city administrator upheld the layoff
decision at the staff level which was a previous step in the employee grievance process.
Administrative Assistant Susan Wa1sh noted for the record the items of information that were provided to
the City Council in a confidential packet prior to this meeting. She further presented for the record the
ersonnel file of David Bechtold for review b the City Council if needed.
P Y
Charles Friedman, Esq., attorney for David Bechtold, informed Council of the witnesses who would
address the City Council on behalf of Mr. Bechtoid. They included David Bechtold, Tom Newman, Penny
Butler, 7erry Puciaty, Kerry Johnson and Harry Willcox.
City Attorney LeFevere and Attorney Friedman discussed the format for the rest of the meeting, and it was
agreed that questions could be addressed by the Council to Mr. Bechtold and to Mr. Friedman, for
purposes of clarification; and further, that Mr. Friedman and Mr. Bechtold could address questions to the
City Council and city staff for clarification purposes.
At this point City Attorney LeFevere further advised the City Council that discussions by them in regards
to this issue must be made only at an open council meeting, that if a decision cannot be reached by the City
Council that they have option of continuing this matter to a future meeting and one option may be for the
City Council to direct the city staff to prepare a findings of fact that is consistent with the discussion held at
this meeting.
David Bechtold advised the City Council he was present to express his concerns and to request that the City
Council change its decision regarding his layoff. Mr. Bechtold informed the City Council of his
background which included date and place of birth and where he grew up, military service and honorable
discharge in October, 1966, college education and bachelor of science degree received from St. Cloud State
in 1973, additional post graduate courses taken, his ten years of employment with the city and schools in
Slayton, Minn., Foley, Minn. and Belle Plaine, Minn. He summarized his duties at these cities and
schools as a community recreation director. Mr. Bechtold reviewed his twelve years of employment with
the City of Rosemount as Parks & Recreation Director. He noted he received a copy of the city personnel
policy dated 1975. He listed his major responsibilities as Parks & Recreation Director which included his
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• ' ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST l, 1994
program management, personnel management, budgeting, facility design and park maintenance management
and park upgrades. Some of his personnel management at the City included supervising staff work,
identifying staff needs and making recommendations for hiring and salaries. He noted that many of his
responsibilities were of the same caliber as his former duties in the community education field.
Mr. Bechtold discussed a meetmg he attended with other exempt employees and an outside consultant at
which time he stated responsibilities of an exempt employee were discussed. He referred to a
memorandum he received from the city administrator dated November 10, 1993. Mr. Bechtold advised
that as an exempt employee he was asked to sign this memorandum. Mr. Bechtold read eight items of
authority he was requested to agree to as Director of Parks & Recreation. Mr. Bechtold noted that he
returned the memorandum to the city administrator with notations why he disagreed with five of the points.
Mr. Bechtold stated some of the points did not coincide with his job description. This memorandum was
signed by David Bechtold on November 17, 1992. Mr. Bechtold stated that he received the same
memorandum in January, 1993 and was asked to sign it again. Mr. Bechtold advised the City Council that
he signed it because he felt intimidated and his employment may be at risk. He further stated that he was
advised by Administrative Assistant Susan Walsh that further workshops would be held and his job
description would be changed. He noted he then signed the memorandum and his job description did not
� change subsequent to this time and no workshops were held.
Mr. Bechtold explained his understanding of how the salary approval process worked and noted that he was
unable to increase a seasonal employee's hourly rate until Administrative Susan Walsh approved it. He
provided an example of his hiring authority which could only be recommended to the City Council upon the
city administrator's approval. He stated that although he was responsible for budgeting for personnel,
equipment, programming, this was coordinated with the city finance director and he did not ha�e the
authority to expend over $250. Mr. Bechtold listed his other fmancial responsibilities, facility
management, bidding and contract responsibilities and his good project management skills. Then he talked
about his role in the construction of the community center which included several meetings he attended with
other city personnel and national guard representatives, the many hours spent designing a gymnasium,
touring other community centers, his involvement in the community center referendum, and identification
of programming, budgeting and personnel needs for the community center.
Bechtold discussed a February 4, 1994 joint meetmg of the City Council and Parks & Recreation
Committee when Mr. Bechtold stated it was decided to create a community center department separate from
the parks and recreation department. Mr. Bechtold cited several reasons why the City Council elected to
choose this option rather than one department.
Mr. Bechtold also reviewed the City Council's action to deny his recommendation to advertise for an
assistant parks and recreation director, his involvement with the Parks & Recreation Committee members,
merit increases some of his staff received and a $1,000 merit increased he received.
David Bechtold next addressed the process leading up to his layoff advising of the hiring of Tom Burt as
city administratar, and the process for allowing employees to provided input on a reorganization process.
Mr. Bechtold discussed his notification by Administrative Assistant Susan Wa1sh to meet with her and City
Administrator Tom Burt on June 6, 1994, at 9:00 a.m. Mr. Bechtold advised he was informed of his
layoff at 9:20 a.m. on June 6, 1994 and June 17, 1994 was his last day of employment with the City of
Rosemount. He informed City Council of a meeting called by Jim Topitzhofer at the Community Center at
which time Community Center staff and Parks & Recreation staff were informed by his layoff. Mr.
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� ' ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 1, 1994
Bechtold reviewed the action taken by the City Council for approving the reorganization and his layoff
effective June 17, 1994. He noted that positive statements were made by the City Council and members of
the audience about his performance as Parks & Recreation Director. He also referred to statements made
by City Administrator Tom Burt at the June '7, 1994 City Council meeting that there was no job description
for the new position, that the two departments were combuung because of duplication of services and his
reasons for hiring Jim Topitzhofer. He also reviewed City Administrator Burt's comments at the 7une 7,
1994 City Council meeting at which Mr. Burt stated that he was lacking in leadership, his vision of the
community center and parks and recreation department did not match his although Mr. Burt related that he
would provide a good job reference and that he did good work in parks development.
David Bechtold requested that the City Council rethink their prior action regarding his layoff, that they take
advantage of the opportunity to treat him with dignity, right a wrong and reverse the decision of Mr. Burt.
At this time Attorney Friedman provided the City Council and city staff with the memorandum dated
November 10, 1992 addressed to Parks & Recreation Director David Bechtold from City Administra.tor
Stephan Jilk, which was dated and signed by David Bechtold on November 11, 1993 and the same
memorandum dated and signed by David Bechtold on January 14, 1994.
Tom Newman, President of Rosemount Area Athletic Association (RAAA), requested the City Council ta
reconsider the reorganization and to return David Bechtold to his former position. He talked about Mr.
Bechtold's unlimited service to RAAA, his role in expanding the communication between the City and
RAAA and the school district and his fear that the quality of city services to his organization would
diminish.
Penny Butler, representative of RAP informed the City Council how David Bechtold found the organization
a meeting place, that the members of RAP had a good comfort level with him, that he found speakers for
their meetings, and was involved in making it less difficult far their children to participate in RAAA. Ms.
Butler felt Mr. Bechtold had empathy for the members and their children.
Hariy Willcox, a former city councilmember, reviewed why he felt the city council established two
separate departments. Mr. Willcox felt the manager of the community center should devote his full
attention towards the success of the arena and the community center and that there shouldn't be
commingling of funds.
Kerry Johnson spoke on behalf of Da�id Bechtold and felt Mr. Bechtold served the city well as an
"ambassador" for the City of Rosemount.
Jerry Puciaty, member of the Parks & Recreation Committee, felt Mr. Bechtold was responsible for the
major contributions the City received for parks development from organizations. Mr. Puciaty objected to
the Parks & Recreation Committee members being left out of the reorganization process, and he alleged it
was illegal by City Code for the City Council to layoff Mr. Bechtold without first going to the committee.
David Bechtold again addressed the City Council stating he never had the opportunity to discuss his
background and qualifications and that Mr. Burt did not share what his visions were of someone he would
like to see in the new position.
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� " ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST l, 1994
Attorney Chazles Friedman advised the City Council that their decision to layoff David Bechtold was hasty,
ill-advised and ill-conceived and that they passed up the brightest and most well respected employee.
Attorney Friedman advised he would address seven major issues in the layoff of Mr. Bechtold. They are
as follows:
(1) Apparent Violation of the City Code, Sections 2-2-4(A) & (B). Attorney Friedman alleged that the
City Council action to layoff David Bechtold was in violation of these sections since the reorganization and
recommended layoff was not reviewed by the Parks & Recreation Committee. Attorney Friedman referred
to the 7une 20, 1994 Parks & Recreation Committee minutes which included statements from Parks &
Recreation Committee Members Michael Eliason and Dave Giliuson on their disappointment of being
informed of Bechtold's layoff subsequent to City Council action and that Member Linda Ladzen felt
combining the two departments would be a devastating move. Mr. Friedman also referred to comments in
the June 20, 1994 minutes made by City Administrator Burt that the layoff was a personnel matter which is
solely addressed by the City Council. Mr. Friedman stated that Mr. Burt's comments had no merit, and he
alleged that the minds of the City Council were made up prior to the 7une 7, 1994 City Council meeting
since the notice of termination was given to Mr. Bechtold on June 6, 1994. Attorney Friedman went on to
state that even if the Parks & Recreation Committee would have had the opportunity to review the
reorganization process, it would not have made any difference since the members of the City Council had
already reached a decision.
(2) Violation of the Open Meeting Law of the State of Minnesota. Attorney Friedman alleged that City
Administrator Burt forged a consensus of the City Council before its vote on 7une 7, 1994; and therefore,
the City Council should reverse its action on reorganization and the layoff of Da�id Bechtold. Attorney
Friedman referred to comments made by City Administrator Burt at a June 30, 1994 meeting of which he
attended. Also in attendance were City Attorney Mike Miles and David Bechtold. Attorney Friedman
alleged that City Administrator Burt stated that he knew what the outcome of the votes would be since he
spoke to each member of the City Council about his recommendation prior to the 7une 6, 1994 termination
notice.
(3) The City failed to provide proper notice under the Veteran's Preference Act. Attorney Friedman
objected to City Administrator Burt's decision to waive the siYty day hearing notice on the basis that David
Bechtold was a department head when employed at the City of Rosemount. Attorney Friedman stated a
public employee must meet eight criteria to qualify as a department head, and that David Bechtold's
position with the City did not a11ow him to hire and fire employees. Attorney Friedman referred to the
November 11, 1992 memorandum which Bechtold early stated he felt pressured to sign. Attorney
Friedman stated the authority to hire and fire was not included in this memorandum of authority. Attorney
Friedman also referred to a $.25 increase Mr. Bechtold recommended for seasonal employees and which
Administrative Assistant Susan Wa1sh denied. Attorney Friedman further referred to Mr. Bechtold's
inability to present job descriptions without the approval of the city administrator and to expend city funds
in excess of $250 without approval of the city administrator. Another example of Mr. Bechtold's inability
to perform as a department head was his limitation to hire an assistant parks and recreation director which
the City Council did not approve.
(4) Violation of Federal and State Age and Anti-Discrimination Laws. Attorney Friedman contended the
City was in violation by hiring 38-year old Jim Topitzhofer over 49 year-old Da�id Bechtold until the City
of Rosemount can provide a legitimate nondiscriminatory business reason for selecting Jim Topitzhofer over
David Bechtold. Attorney Friedman questioned the procedure used in determining who to hire because
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• ' ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 1, 1994
there was no written job description, no written objective criteria for choosing the person and there was
never a job posting or job advertisement. Attorney Friedman also advised that City Administrator Burt did
not interview Jim Topitzhofer or David Bechtold, and that City Administrator Burt did not tell Da�id
Bechtold what qualif'ications he was looking for or did he share his vision for the parks & recreation
department and community center department with David Bechtold. Attorney Friedman alleged that City
Administrator Burt had minimal contact with Da�id Bechtold, knew very little about David Bechtold and
did not take the time to find out. He felt City Admuustrator Burt could have sought some opinions of
parks and recreation committee members. Attorney Friedman stated that City Administrator Burt's decision
was subjective and not a based on a legitimate nondiscriminatory business reason.
(5) Violation of the Personnel Policy. Attorney Friedman stated the City Council violated Section I since
there was no written job description, job posting or advertisement, interview of 7im Topitzhofer or Da�id
Bechtold and Da�id Bechtold was never told by City Administrator Burt what qualifications he was looking
for. Attorney Friedman felt these examples did not uphold the purpose of the Personnel Policy to ha�e a
"uniform and equitable system of municipal personnel administration for all employees of the City of
Rosemount.°
Attorney Friedman alleged that Section IV of the Personnel Policy was violated by the City Council failing
to base its appointment "on the basis of inerit and fitness, and without regard to race, creed, color, or
discrimination." Again, Attorney Friedman felt City Administrator Burt knew very little about Da�id
Bechtold, did not take the time to fmd out about his experience with previous employers or with the City of
Rosemount, never reviewed Mr. Bechtold's personnel file and therefore did not take the time to fmd out
about Mr. Bechtold's merit or fitness for the job.
With regards to Section XXI of the Personnel Policy, Attorney Friedman stated that City Administrator
Burt did not give consideration to Da�id Bechtold's length of service with the City since he did not take the
time to talked to the Rosemount community members, to Parks & Recreation Committee members or to
David Bechtold.
Attorney Friedman asked that the City Council remedy the layoff of David Bechtold by providing the
following: '
(1) Immediate reinstatement of employment; '
(2) Reinstatement to the position of Community Center/Parks & l�ecreation Director or to his former
position of Parks & Recreation Director;
(3) Immediate reinstatement of a11 benefits which he had prior to layoff;
(4) Back pay for wages lost since his layoff; '
(5) Attorneys fees in the amount of $3500.
Attorney Friedman concluded his presentation to Council by stating that David Bechtold should be
reinstated with employment to the City of Rosemount because it is the expedient thing to do, it is the
morally right thing to do, it is the legally correct thing to do and the economically sound thing to da
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� ' ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST l, 1994
At this time in the meeting, Mayor McMenomy requested that City Administrator Thomas Burt address the
City Council.
City Administrator Burt reviewed the eight factors the Minnesota Supreme Court has identif'ied for
determining whether a person is a department head:
(1) Does the department head have charge of the work the department performs? City Administrator Burt
advised that as a department head Mr. Bechtold was subject to minimum supervision. He reported to the
city administrator, but since Mr. Bechtold was a department head, he was responsible for running his
department, and daily made independent and autonomous decisions. Furthermore, Mr. Bechtold was
responsible for the overall planning, coordination, management of personnel, budgeting and finances of the
department. The two divisions of the parks and recreation department were recreation and park
maintenance of which supervisors reported to Mr. Bechtold.
City Administrator Burt advised that David Bechtold was responsible for determining the types of
recreational programs and activities that would best serve the needs and interests of residents, and he was
ultimately responsible for the opera.tion, staffmg, budgeting of all city recreation programs. City
, Administrator Burt went on to state that Mr. Bechtold was responsible for long range planning of park
needs and served as the staff liaison to the master parks plan committee. City Administrator Burt sta.ted
that Mr. Bechtold was responsible far establishing city recreation programs which included the
responsibility of setting softball user fees, tiny tot fees, park user fees, park shelter fees and other
miscellaneous fees. With regards to park maintenance, City Administrator Burt advised that Da�id
Bechtold was ultimately responsible for the maintenance and upkeep of all the city parks and city bikeways
and walkway trails which also included parks facilities, athletic fields, community parks, neighborhood
parks and park shelters. The park maintenance supervisor reported directly to Mr. Bechtold usually on a
daily basis.
City Administrator Burt stated that David Bechtold was responsible for the overall development of parks in
the city, and he was responsible for short and long range planning of park needs. Mr. Bechtold annually
recommended to the Parks & Recreation Committee and to the City Council the amount for park dedication
fees for new subdivisions.
City Administrator Burt advised that in his role as a department head, Mr. Bechtold represented the City at
meetings at the county level and served as coordinator between the city and local youth associations such as
Rosemount Area Athletic Association and Rosemount Area Hockey Association. Mr. Bechtold also attend
meetings with representatives from School District 196 and served as staff liaison to RAP.
With regards to budgeting and fmances, City Administrator Burt advised that Mr. Bechtold in 1994 had the
responsibility for formulating and managing a general operating budget in the amount of $559,551, a
revenue producing budget for the various recreation programs in the amount of $63,100, and also
recommended expenditures from the city capital improvements budget in the amount of$25,000.
(2) Does the work require technical and professional training. City Administrator Burt advised that David
Bechtold's job description as parks and recreation director required rninimally a college degree with eight to
ten years of experience in parks and recreation or a related field.
(3) Is the person the highest authority of that level of government perta.ining to official duties. City
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� ' ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 1, 1994
Administrator Burt stated that David Bechtold, as parks and recreation director, performed administrative -
and professional duties of his department in his role as a department head. City Administra.tor Burt noted
that one of his administrative duties was exercising supervision over the entire parks and recreation
department. Furthermore, as the department head, Mr. Bechtold managed the department with practically
complete freedom and relative infrequency of reference to the city administrator for advise and instructions,
even when unusual problems arose.
City Administra.tor Burt went on to explain that Mr. Bechtold made recommendations to the City Council
for hiring of employees within his department and that these recommendations were based upon Mr.
Bechtold interviewing candidates, working with the administrative assistant to put together job descriptions
for positions in his department and for screening applicants for interviews. In conjunction with these
responsibilities, Mr: Bechtold provided input on salaries for positions within his department.
(4) Does the person supervise all the work in the department. City Administrator Burt explained that as a
department head, Mr. Bechtold provided supervision and direction over the entire parks and recreation
department. At the time of Mr. Bechtold's layoff, he provided immediate supervision to the parks
maintenance supervisor, two programmers and the secretary for the department. David Bechtold also
performed written evaluations of the employees he had immediate supervision over, and these evaluations
were not approved by the city administrator even though sometimes Mr. Bechtold would provide the
evaluations to the administrator although it was not required. City Administrator Burt stated that
additionally, Mr. Bechtold reviewed and signed performance evaluations that supervisors within his
department would do on other employees. As an example, Mr. Bechtold would review, make additional
comments and sign the evaluation for an employee in the park maintenance department.
(5) Does the success of the department depend on the person's technique: City Administrator Burt
emphasized that since the parks and recreation director position is the highest levei position within the
department, it's critical that the employee possess a thorough knowledge of the parks and recreation field
and also have considerable experience in the application of principles and techniques in solving unusual and
difficult problems. The employee's rnanagement and professional abilities must be of the highest level.
(6) Are the employees in the department under the person's direction. City Administrator Burt reiterated
that at the time of Mr. Bechtold's layoff the park maintenance supervisor, two programmers and a secretary
were under his direct supervision. Mr. Bechtold also provided overall direction to four park maintenance
employees and various seasonal employees hired throughout the year for recreational programs and park
maintenance.
(7) Are the duties more than merely different from other employees. City Administrator Burt stated that as
director of parks & recreation, Mr. Bechtold's duties were completely different from other employees with
regards to managing the recreation programs, park maintenance, park development and staff liaison to
various parks and recreation committees.
(8) Does the person have the power to hire and fire subordinates. City Administrator Burt advised that
since City of Rosemount is a Plan A Statutory City, the Rosemount City Council ultimately ratifies the
recommendations made by a department head for hiring and terminating employees. City Administrator
Burt noted that Mr. Bechtold had the authority to hire and terminate seasonal and temporary employees and
to set wage rates for these position. City Administrator Burt also noted that many times the employees are
working befare the wage sheets would be signed for payroll. He went on to state that the wage sheets are
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' ' ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
, AUGUST 1, 1994
not authorization for hiring employees but rather a way to inform payroll of a new employee and the wage
the employee was hired at. These part-time employees were not taken to the City Council for approval and
were taken to the city administrator only for the purpose of approving wage rates which were already set.
City Administrator Burt addressed the issue as to whether David Bechtold's position was truly abolished.
Mr. Burt stated that when he was hired, it was suggested that he take a look at the organization structure of
the City. To accomplish this, he asked each department head to make available to their employees the
existing organizational structure and to ask their employees to provide input and recommended changes.
City Administrator Burt advised that he received a number of organizational charts from the employees and
all but two were exactly the same with regards to a single parks and recreation department. Ciry
Administrator Burt felt this wasn't much of a surprise when surrounding metropolitan area cities and other
departments around the State have a single department; and Rosemount was unique with two. It was felt
that many employees were doing too many duplicating tasks. Additionally, City Administrator Burt felt the
money saved by combuung the departments could be put back into programs.
City Administrator Burt acknowledged that his quote of "one stop shop° more appropriately applies to the
development process rather than parks and recreation but combining the departments does truly streamline
the parks and recreation process. Mr. Burt reiterated that the position held by Mr. Bechtold was truly
abolished and a new position was created, and Mr. Bechtold's position doesn't e�st as it once did.
City Administrator Burt addressed the age discrimination issue and advised that his decision to hire Jim
Topitzhofer for the new position was based on credentials of Jim Topitzhofer and David Bechtold and that
he felt Jim Topitzhofer was the best and most qualif'ied person for the position. City Administrator Burt
stated he realized his recommendation may not be the most popular one, but he based his recommendation
on what was best for the City. Burt went on to state that Dave's time in the position was considered, but
Jim Topitzhofer was more well rounded in his experience in recreation and his ability to run a multi-million
dollar community center. As far as the city administrator contacting Mr. Bechtold, Mr. Burt stated that he
and Mr. Bechtold had a meeting in March to discuss the parks and recreation department and Mr. Bechtold
freely discussed his experience with him about community education, his experience with school districts
and his former employment. Mr. Burt felt Mr. Bechtold freely discussed his background because he was
quite proud of it. Therefore, Mr. Burt stated that in fact David Bechtold's background and experience
were considered. '
City Administra.tor Burt went on to state that Mr. Bechtold had a management style that was very autocratic
which stifled the growth of his employees' creativity and ultimately the development of his department and
the programs provided to residents. Mr. Burt advised that many of Bechtold's employees came to him
unsolicited and expressed concerns about his past performance, management style and past practices. Mr.
Burt stated these were all taken into consideration. Mr. Burt stated that he did not look in Mr. Bechtold's
personnel file because he had been told by an employee that there were comments made about Mr.
Bechtold's performance in the file, and Mr. Burt stated that he did not want his opinions to be tainted by
evaluations performed by the former city administrator. Therefore Mr. Burt stated that he observed Mr.
Bechtold on a daily basis which was easy to do since their offices were close, and Mr. Bechtold did not
move to the community center until the end of his employment with the city. City Administrator Burt
stated that he and Mr. Bechtold had ongoing communications on current, past and future issues. Mr. Burt
advised that one of Mr. Bechtold's supervisors informed him that this person could no longer work with
Mr. Bechtold, and if Mr. Bechtold got the new position, this person would quit. Mr. Burt also learned
from department heads of their concerns about Mr. Bechtold's management style and his inability to
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' ` ROSEMOUNT CITY PROCEEDINGS
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perform. Mr. Burt stated this information was provided to him unsolicited. City Administrator Burt told
of one instance when another department head informed him that David Bechtold was discussing with other
employees reorganizational discussions which staff who attended the department head meetings were
requested to be keep conf'idential at this point in time. City Administratar Burt advised he had to talk to
Mr. Bechtold about passing on information from the department head meetings.
With regards to age discrimination, City Administrator Burt thought that Da�id Bechtold and Jim
Topitzhofer were about the same age since he never looked in their personnel files and didn't consider age
an issue. Mr. Burt explained that he took into consideration each of their abilities to perform their jobs.
Although David Bechtold was excellent in park development, Mr. Burt felt Jim Topitzhofer was also good
at it and more capable than David Bechtold when it came to running a community center and recreational
programs.
With regards to the alleged violation of the City Code, City Administra.tor Burt advised that during his first
week of employment here, David Bechtold told him the Parks & Recreation Committee wanted to amend
the City Code to allow the members to make recommendations on hiring and firing. Burt sta.ted that since
he was new, he did not want to take this issue to the City Council at that time. Mr. Burt felt the park
system, as it is defined, is not a personnel related issue; but is the development of the park infrastructure
and the programs it provides. He further stated that personnel is the ultimate control of the City Council,
and interpreting personnel issues and reorganization of a park system, is a liberal interpretation.
City Administrator Burt next addressed the alleged violation of the open meeting law. Mr. Burt advised
that he notified Mr. Bechtold of his layoff a day prior to the City Council meeting so that Mr. Bechtold
would have the ability to go to the Council meeting and make comments if he so chose. This was done out
of consideration to David Bechtold and so he would notlearn about his layoff at the City Council meeting
or subsequent to the meeting. Mr. Burt sta.ted that he did not try to get a vote from the City Council prior
to the meeting. He stated he discussed the issue with each individual councilmember, but did not share
their opinions with another councilmember. Mr. Burt admitted that some of the members of council asked
if there was another place in the organization for Mr. Bechtold, but it was felt there wasn't, and he
couldn't recommend creating a position just for the sake of keeping Mr. Bechtold as an employee. Mr.
Burt reiterated he did not forge a vote, and he went out on a limb by advising Mr. Bechtold of his layoff
prior to the council meeting because the city council could have voted against the layoff.
Since David Bechtold was a department head, Mr. Burt advised he was not given a veteran's preference
notice. With regards to age discrimination, Mr. Burt stated that Jim Topitzhofer was hired because of his
qualifications and abilities.
City Administrator Burt stated that although the position was not advertised or posted nor was a job
description written, David Bechtold had a very good opportunity to be considered for the position. There
were only two candidates for the position, David Bechtold and Jim Topitzhofer, and both were aware that
only one of them would fill the position. Burt stated that if the city would ha�e advertised, he's not sure
the outcome would be the same. Both candidates had appro�mately three months to prove themselves and
to meet with him. Burt stated that in fact Da�id Bechtold provided him with a memorandum during the
reorganization process which provided recommendations for placement of him in other positions if he was
not hired for the department head position. Burt also described input he received from other staff inembers
about David Bechtold that he first found shocking. Later after reviewing Bechtold's personnel file, Mr.
Burt found that some of the comments made by city staff were similar to comments written by the former
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SPECIAL MEETING
, k AUGUST l, 1994
city administrator. Burt talked about his meeting with Mr. Bechtold when Mr. Bechtold provided him with
a copy of the parks master plan, talked about his association with RAHA and RAAA and attended school
district and RAP meetings with Mr. Bechtold. City Administrator Burt concluded that Mr. Bechtold was
given extensive consideration for the position, but Mr. Topitzhofer was the best and the most qualif'ied; and
the City did not violate age discrimination or personnel practices.
Attorney Friedman advised his position and his client's remained the same.
At this time the Council concurred that it would be helpful for the city attorney to provide'generallegal
advise on the issues discussed this evening before a decision is made.
MOTION by Busho to table action until the August 16, 1994 regular council meeting or to a special
council meeting, if necessary. SECOND by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats,
Busho. Nays: None. Motion carried.
MOTION by Busho to adjourn. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Busho,
Anderson. Nays: None. Motion carried.
Respectfully submitted,
Susan M. Wa1sh, City Clerk
ATTFST:
Thomas D. Burt, City Administrator
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