HomeMy WebLinkAbout4.a. Minutes of August 1, 1994 Special Council Meeting . { ROSEMOUNT CITY PROCEEDINGS
`"� SPECIAL MEETING
AUGITST l, 1994
Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount
was duly held on Monday, August 1, 1994, at 6:30 p.m. in the Council Chambers at City Hall,2875 -
145th Street West, Rosemount, 1Vlinnesota.
Mayor McMenomy called the meeting to order with all councilmembers present. Also in attenda�ce
were City Attorney Charlie LeFevere, City Administrator Thomas Burt and Administrative Assistant
Susan Walsh.
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 �nal step of the employee grievance process as a result of
Mr. Bechtold being laid off from the city effective June 17, 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 Walsh 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 personnel file of David Bechtold for review by the City Council if needed.
Charles Friedman, Esq., attorney for David Bechtold, informed Council of the witnesses who would
address the City Council on behalf of Mr. Bechtold. They included David Bechtold, Tom Newman,
Penny Butler, Jerry 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 layof£ 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 or of science degree received from
St. Cloud State in 1973, additional post graduate courses take�ten years of employment with the
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AUGUST 1, 1994
city and schools in Slayton, Minn., Foley, Minn. and Belle Plaine, Minn. He summarized his duties at
these cities and schools as a communi.ty 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 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 meeting 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
retumed 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 have the authority to expend over $250. Mr. Bechtold listed his other financial
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 identi�cation of programming, budgeting and personnel needs for
the community center.
Bechtold discussed a February 4, 1994 joint meeting 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
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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 administrator, and the process for allowing employees to provided input on a reorganization
process. Mr. Bechtold discussed his notification by Administrative Assistant Susan Walsh 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 ernployment
with the City of Rosemount. He informed City Council of a meeting called by Jirn Topitzhofer at the
Community Center at which time Community Center staff and Parks & Recreation staff were informed
by his layoff. Mr. 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
combining because of duplication of services and his reasons for hiring Jim Topitzhofer. He also
reviewed City Administrator Burt's comments at the June 7, 1994 City Council meeting at which Mr.
Burt stated that he was lacking in leadership, his vision of the cammunity 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 develogment.
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 Attomey Friedman provided the City Council and city staff with the memorandum dated
November 10, 1992 addressed to Parks & Recreation Director David Bechtold from City
Administrator 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 to reconsider the reorganization and to return David Bechtold to his former position. He
talked about Mr. Bechtold's unlimited service to RAAA, his xole in elcpanding 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 for their children to
participate in RAAA. Ms. Butler felt Mr. Bechtold had empathy for the members and their children.
Harry 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
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commingling of funds.
Kerry Johnson spoke on behalf of David 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.
Attomey Charles 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, Sections2-2-4(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 June 20, 1994 Parks & Recreation Committee minutes which
included statements from Parks & Recreation Comrnittee 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 L,adzen felt combining the two departments would be a devastating
move. Mr. Friedman also refened 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 June 7, 1994 City Council meeting since the notice of �
termination was given to Mr. Bechtold on June 6, 1994. Attorney Friedrnan 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 aileged that
City Administrator Burt forged a consensus of the City Council before its vote on June 7, 1994; and
therefore, the City Council should reverse its action on reorganization and the layoff of David
Bechtold. Attorney Friedman refened 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 June 6, 1994 termination notice.
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(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 sixty day hearing notice on the basis that
David Bechtold was a department head when employed at the City of Rosemount. Attomey 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 allow him to hire and fire employees. Attomey Friedman
refened 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 Walsh denied. Attorney Friedman further
re�ened 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 David 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 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 David Bechtold what qualifications 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 David
Bechtold, knew very little about David Bechtold and did not take the time to find out. He felt City
Administrator Burt could have sought some opinions of parks and recreation committee members
Attomey 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 descrip'tion, job posting or advertisement, interview of Jim Topitzhofer
or David Bechtold and David $echtold 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 have a "uniform and equitable system of municipal personnel administration for all
employees of the City of Rosemount."
Attomey 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 David Bechtold, did not take the time to find 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 find out about Mr. Bechtold's merit or fitness for the job.
With regards to Section XXI of the Personnel Policy, Attomey Friedman stated that City
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Administrator Burt did not give consideration to David 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.
Attomey 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 & Recreation Director or to his
former position of Parks & Recreation`Director;
(3) Immediate reinstatement of all 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
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 identified 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 operation, sta�ng, 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
stated that Mr. Bechtold was responsible for establishing city recreation programs which included the
responsibility of setting softbail 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 David
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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 finances, 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 minimally 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 pertaining to of�cial duties. City
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
Administrator 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 Administrator 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 departrnent 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
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parks maintenance supervisor, two programmers and the secretary for the department. David
Bechtold also performed written evaluations of the employees he had inunediate 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 Admirustrator Burt
emphasized that since the pasks and recreation director position is the highest level 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 management and prafessional 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 temunate seasonal and
temporary employees and to set wage rates for these position. City Administrator Burt also noted that
many times the employees are working before the wage sheets would be signed for payroll. He went
on to state that the wage sheets are 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
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single parks and recreation department. City Administrator Burt felt this wasn't much of a surprise
when sunounding 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 combining 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 exist
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 qualified 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 e�erience 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 eacperience 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 Administratar 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 cunent, 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 concems about Mr. Bechtold's management style and his inability to 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
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be keep confidential at this point in time. City Administrator Burt advised he had to talk to Mr.
Bechtold about passing on information from the department head meetings.
With regards to age discrimination, City Adnunistrator Burt thought that David 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 Administrator 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 a11ow the members to make recommendations on hiring and firing. Burt
stated 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 . so he would not learn about his layoff at the
City Council meeting or subsequent to the meeting. Mr. Burt stated that he did not try to get a vate
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 layof£
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 Tapitzhofer was hired
because of his quali�cations 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 have 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 David 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
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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 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. Becl�told.
City Administrator Burt concluded that Mr. Bechtold was given extensive consideration for the
position, but Mr. Topitzhofer was the best and the most qualified; 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 concuned that it would be helpful for the city attomey to provide general
legal 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 camed.
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
ATTEST:
Thomas D. Burt, City Administrator
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