1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, September 11, 2012 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Rob Bell, Jay Bunting, Don Hall, Rick Ihli, and Maureen Stanley.
Staff present: Gary Buysse, Liquor Operations Manager; Jeff Beahen, Police Chief; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland Finance Director.
Mayor Bunting asked for a moment of reflection for the 9/11 attacks 11 years ago. There was a moment of silence.
2. Open Forum
3.01 Presentation by Dr. Mark Bezek Regarding Proposed School Levies for ISD 728
Dr. Bezek provided a presentation on the 2012 to 2017 strategic plan document that was distributed to Council. Bezek announced an Ad Hoc committee meeting on September 19th to discuss the addition of an auditorium for the Rogers High School. The committee is charged with looking at alternative funding options for an auditorium. Bezek then discussed the two questions on the ballot this fall; the first is a renewal of a portion of the levy and the second is a request for a new 10 year levy. Question two is linked to question one; one needs to pass in order for two to pass. Bezek explained the use of the additional levy funds. The first question on the ballot should not raise taxes, the second question will raise taxes $10 to $15 per month.
Bunting asked if they have looked at what needs to be done should both levies fail. Bezek explained where some proposed cuts could be made, focusing on transportation, shortened school weeks, and staffing. If both questions fail we would have to cut about $12M out of the budget.
Council thanked Dr. Bezek for the presentation.
4. Approve agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from August 28, 2012 City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval Resolution No. 2012-45, A Resolution Approving an Amendment to a Planned Unit Development at 13688 and 13690 Rogers Drive Permitting the Construction of a Freestanding Sign (Park Nicollet)
5.04 Adopt Ordinance No. 2012-08, An Ordinance Amendment to the Sign Ordinance, Amending Freestanding Signs Along the I-94 Corridor Within the City of Rogers and Summary Ordinance No. 2012-08
5.05 Calling for a Special Planning Commission on Tuesday, September 18, 2012
5.06 Approval of the Historical Society Lease
5.07 Adopt Ordinance No. 2012-09, An Ordinance Amending Section 30.64 and Adding Section 30.65 of the Rogers City Code Relating to Hunting and Shooting and Summary Ordinance No. 2012-09 Pulled by Staff
5.08 Resolutions Canceling Debt Levy Requirements for General Obligation Bonds for 2013
• Approval of Resolution No. 2012-46, A Resolution Canceling Debt Levy Requirements for 2008B General Obligation Improvement Refunding Bonds (Industrial Boulevard Improvements)
• Approval of Resolution No. 2012-47, A Resolution Canceling Debt Levy Requirements for General Obligation Improvement Bonds of 2003 (Rogers Drive Phase 2, South Diamond Lake Road Phase 5, and Industrial Court)
• Approval of Resolution No. 2012-48, A Resolution Canceling Debt Levy Requirements for General Obligation Improvement Bonds of 2002 (Ahlstrom, Rouillard, Scharber and Otto Street Improvements)
• Approval of Resolution No. 2012-49, A Resolution Canceling Debt Levy Requirements for 2006A Hassan Township General Obligation Improvement Bonds (Willandale Road Improvements)
• Approval of Resolution No. 2012-50, A Resolution Canceling Debt Levy Requirements for 2010A General Obligation Improvement/Refunding Bonds (2004 Northdale/James 101 Utility Improvements and 2010 Trailhaven Improvements)
5.09 Setting 2013 Final Budget & Levy Certification (meeting open for public comment)
5.10 Approve Use of Equipment Certificate to Purchase in Car Cameras
5.11 Approval of Law Enforcement Services Agreement with Elk River Area School District #728
5.12 Printer Maintenance Agreement Renewal
5.07 was pulled by staff prior to the meeting.
Hall pulled 5.12 for discussion.
Bell moved, Stanley seconded a motion to approve the consent agenda less 5.12. Motion carried 5-0.
Hall stated in his review of the agenda item, a five year lease seemed awfully long, he would rather see a shorter lease and stay with Marco. Bunting agrees with Hall, he stated he gets a little bit concerned with a five year lease.
Greninger provided more information regarding a five year lease versus a three year lease and explained his reasoning for recommending a five year lease.
Greninger added that in three years from now, Marco has told staff they would be recommending the same hardware as they are quoting today.
Greninger stated a three year lease would provide greater flexibility for removing printers from the contract.
Bell asked if the five year lease allows for an early out. Greninger stated it does, but you would have to buy-out the remaining term; we can always add, but can't subtract.
Bunting asked which printers are leased and which printers are owned. Greninger provided a spreadsheet to Council detailing the various pieces of equipment. Greninger stated Marco still provides service for the City owned devices. One printer is being removed from the Muni and one is being added in finance, essentially keeping the same number of devices.
Stahmer asked for comments on the annual cost savings – the difference between the monthly 36 versus the 60 month; stating the difference is approximately $4400 per year.
Bunting commented on the printers for Public Works administration and wines and spirits not getting a lot of usage, but still have a lease on them. Is it possible to go with city owned units to save some costs? Bunting asked about buying versus leasing on the low intensive. Greninger explained the benefits of being able to support the similar models. Having multiple different models creates a lot of issues.
Bunting asked if Greninger was given a breakdown on the cost per machine. Greninger stated that was not part of the actual proposal. Bunting continued to comment on the public works admin machine and the low quantity of prints coming from the machine and asked staff to research the cost of that machine.
There was discussion trying to determine the cost per machine, however Greninger stated usage is also built into the quote.
Council and staff continued to discuss the pros and cons of doing a three year lease versus a five year lease.
Bunting stated he would be comfortable with a three year and asked staff to review the public works admin printer. Bell recommended eliminating that machine.
Hall moved, Ihli seconded a motion to table 5.12 to the next meeting. Motion carried 5-0.
6. Public Hearings
7. General Business
7.01 Adoption and Certification of 2013 Proposed Preliminary Levy (Resolution No. 2012-51)
Finance Director Wieland addressed council recommending certifying the proposed 2013 preliminary levy.
Wieland reviewed her memo highlighting the following:
• Increased overall tax capacity (annexation capacity, TIF#1 2011 decertification and development growth)
• Economies of scale – consolidation savings
• Previous loss of State aid (MVHC) changed to Market Value Homestead Credit Exclusion calculation (decreased capacity for eligible properties)
• Expiration of levy limits in 2011, eliminated for 2012 & 2013
• Previous substantial declining but currently stabilizing market values with continued smaller reductions
• Effects of tax rate due to fiscal disparities contribution
• Effects of levy amount as it relates to potential future levy limits if State Legislature reinstates them
• Effects of fluctuating tax rates to property taxpayers financial planning abilities
• No City of Rogers general fund operating levy increases from 2007-2011
• 2012 overall Levy increased primarily as a result of TIF#1 expiration and loss of offsetting excess rate TIF revenue and adding of CIP Bonds/Public Works Building debt payments
• Incorporation of Public Works Building debt 2006-2011 interfund loan repayment to RSAC Fund
• No intentional use of Fund Balance to balance the 2013 budget (budgeted use of Fund Balance for 2013 is a result of MSAS Street Maintenance budget carryover)
Net decrease in special debt levy of $71,146 related to the addition of the 2012A equipment certificates and 2011 CIP Bonds but offset by refinancing and prepayment of bonds; and a reduction in the calculation of the economic development tax abatement amount due to valuation reductions
• Continued reference to Financial Management Plan and – 5 year planning goals
• Annexation impacts (zero levy, causing 2012 fund balance spend down)
• Establishment of CIP Sinking Funds for buildings, equipment, streets and parks
• Reallocation of FMP planning to restore reduction of fund balance as a result of the Hassan Township zero levy to partial creation of sinking funds
At the August 16, 2012, budget work session, based on the draft budget and levy recommendations, Council directed staff to draft a preliminary proposed levy certification that reflects a reduced tax rate while incorporating future sinking funds for capital. Rather than recommending an additional $100,000 cushion for the preliminary levy as we have done in the past, staff intends to use the sinking funds as an element that could be adjusted for an additional year if additional changes resulted between the preliminary and final levies due to unforeseen circumstances. The public should note, as Council is aware, that the final levy may be lower than the preliminary levy certified in September, but cannot be higher. Given that no cushion will be included in the preliminary levy, staff would not expect substantial changes this year between the preliminary and final levies. As always, however, staff and Council will continue to refine line item budgets in order to identify any additional efficiencies in service delivery.
Staff recommends Council adopt Resolution No. 2012-51 establishing the proposed preliminary 2013 tax levy of $5,923,447 to include a General Levy of $5,060,205 and a debt/special levy of $863,242.
Bunting stated for the benefit of the audience, a budget workshop happened immediately prior to the regular meeting where this was discussed and Council received the information.
Bell moved, Stanley seconded a motion to adopt Resolution No. 2012-51 establishing the proposed preliminary 2013 tax levy of $5,923,447 to include a General Levy of $5,060,205 and a debt/special levy of $863,242. Motion carried 5-0.
8. Other Business
9. Correspondence and Reports
9.01 Transportation Task Force Minutes
9.02 July 2012 Financial Reports
10. Adjourn to Closed Session to Receive Investigative Data Pursuant to Minn. Stat. § 13D.05 subd. 2 (2)
Attorney Carson stated the closed session Council is adjourning to is pursuant to Minn. Stat. § 13D.05 subd. 2 (2).
Council adjourned to closed session at 7:40 p.m.
11. Reconvene to Open Meeting
Council reconvened at 8:20 p.m.
Attorney Carson stated in closed session, Council received information of an investigation relating to law enforcement personnel. The next part of the meeting will be a closed session to consider preliminary allegations against an employee, unless the subject chooses to have the meeting open.
12. Adjourn to Closed Session to Consider Preliminary Allegations Against Employee
Kevin Beck, Attorney for Terri Hanson, stated the employee would like this considered in an open meeting.
Attorney Carson stated the subject or her Counsel will not be limited to their time in addressing the Council. The public may also speak and will be limited to two minutes for individuals other than subjects of the complaint. The public must maintain decorum, be courteous and respectful to Council. Following public input or input from subject, Council will consider the allegation.
Attorney Carson stated this matter involves investigation that took place between August 10, 2012 and August 30, 2012. The subject of this matter made an allegation to the Chief that she had been essentially forced to enter 34 citations; the work of a co-employee because that co-employee left early. This concerned the Chief and he followed up on it. He also contacted the co-employee to follow up who returned on August 13, 2012 and told the Chief that this was not true; there was nothing relating to her work that needed to be done. The Chief found himself in a dilemma and needed an answer. Chief Beahen conducted an investigation that started on the 10th, completed on the 21st, and subsequently completed by an independent outside agency on August 30th. At this time the Chief will provide the abbreviated version of the investigation.
Chief Beahen stated this investigation started when Terri Hanson alleged she had to enter 34 citations that she found when looking for a copy of a ticket for Capt. Miller. In speaking further, she stated she found 34 citations hidden in a folder at the front desk and proceeded to enter the 34 citations that afternoon. Regarding the one ticket that Miller was inquiring, it was discovered the ticket was not entered by Hanson, but entered by other employee on July 30th. When confronted, Hanson insisted she entered that ticket. Beahen stated he then showed Hanson the audit feature showing it was entered by other employee, she insisted it was entered by her.
Chief Beahen stated he was greatly concerned about missing data, and confronted the other employee who returned back to the office shortly before 8:00 a.m. on Monday and nothing occurred until just before 9:00 a.m. when the other employee read her email and didn't understand what it was about.
Chief Beahen stated he ran a report from PC Enforce showing 10 citations issued; 6 entered by Hanson in the morning the other 4 done by the other employee with the last citation entered just before 11 a.m. on Friday, August 10th.
Ms. Hanson was confronted with this information stating there were no entries of citations that afternoon, and she still insisted she entered the citations. Chief Beahen then discussed 6 citations misfiled into the wrong month folder which would affect the count of citations for the month along with 2 other tickets; one was returned to the officer for data completion, the other citation was still missing at the time of this report. It was recently discovered that it was attached to the accident report and not entered into PC Enforce.
Chief Beahen then referred to allegations by Ms. Hanson that this (missing citations) occurred both under Chief Oldfather and Chief Luther and could also check into Capt. Miller. As the Chief, this concerned me greatly and I needed to investigate. Ms. Hanson welcomed the investigation stating it would prove the truth. During the investigation, Beahen did discover the moving of citations from a scanned folder to a report folder, but no entry of 34 citations into PC Enforce.
Chief Beahen then detailed his investigation stating every paper copy was found and an audit of the actual ticket books each officer had was conducted; Beahen explained his audit of the ticket books. The Chief then explained the process he went through with Craig Zinter of Tiberon, the software maintenance company, to look into the records management system to verify the information was correct, and to verify if citations were entered after noon on August 10th. Zinter was also asked if information could be deleted. Zinter verified the information to be correct; no data entries in the afternoon of August 10th and that if information was deleted it would show up on the audit trail.
Chief Beahen continued to detail his investigation including the following:
• Checked to see if PC Enforce access was still available to access from home; this hasn't been enabled for a couple years
• Checked scan file logs, some scans had been done, none for citations.
• Checked key inventory; four keys for Terri's office were accounted for.
• Checked all files for missing and unaccounted for citations, none found.
• Later that week all officers were called in and required to bring in their citation books. Three citations were missing. Officer Rose had 2; Courtright had 1. Rose demonstrated he voided 2 citations because they did not come with envelopes. Courtright's showed up later.
• Contacted Brookdale Court; discovered all citations that were entered and counted arrived at court, nothing additional
• Errors and deficiencies; 20 had been entered by the other employee and all 20 had errors and they were entered under the wrong officer's name. In comparison, Hanson always did it by badge number and her entries were flawless.
Chief Beahen stated on Tuesday Aug 14th a Garrity advisory was read to Ms. Hanson, stating she must be truthful. A taped statement was taken that was later transcribed. During the Garrity statement, she still alleged she entered the 34 citations.
After meeting with Administration and Attorneys, it was discussed a separation investigation should occur after completing my investigation and the results of both investigations were the same.
Chief Beahen stated we are not missing any citations, all citations have been entered and audited. The statements made by Ms. Hanson are not truthful.
Attorney Carson asked the Council if they had any questions before the subject has the opportunity to respond.
Stanley asked if these could have been entered under the wrong date.
Chief Beahen said chronologically nothing is out of sync.
There were no other questions from Council.
Kevin Beck, representing Ms. Hanson approached podium. Beck commented on the copy of the investigation they received, and it does not include the 19 tabs of supporting documentation. Ms. Hanson did not see those 19 tabs, just the summary of the report. There is a dispute of facts; what Ms. Hanson believes happened, and what Beahen believes happened. It is important to note that this relies heavily on PC Enforce. The log-in tracker had been broken since at least 2009. In addition to the missing investigation, we did get a personnel file for Ms. Hanson. No I9's, no W2's, no "that a boys", one performance review from 2009 that ranks her overall performance as excellent. Beck pointed out a couple of specific quotes; truthful and consistent.
Beck stated Hanson has not wavered. She welcomed outside investigation. She believes she did was what she did. It comes down to two stories. There is usually a little bit of truth in both of them. What is clear and undisputed is that Ms. Hanson transferred 30 citations from the scanned folder into the network. On top of that there is an officer, a co-worker who said she showed him/her at least one of the citations.
Beck stated Ms. Hanson complained about this employee leaving early and not doing her work.
This is not the first time complaints were made about this employee. There were data entry errors, but not from Ms. Hanson. Hanson comes in early and stays late; and needs to get paid for those hours if she is working them. It is clear that it is a trust issue. Beck stated Ms. Hanson thinks and feels she is telling the truth. In regard to the other consideration about her position as TAC and access to sensitive data, there is no allegation that she has done anything wrong in her respect to CJIS. Her performance is phenomenal. She told a story that the Chief doesn't believe. That's different. She can still perform the duties of her job. Beck commented on when Hanson started working for the City stating she started when it was still a village and has the support of the citizens. Beck stated a 15 year employee does not deserve to be discharged. For misconduct, put them on notice, tell them they can't do this anymore. Don't jump right to discharge. Not for such a long-term good employee. Ms. Hanson has had a tough couple of years. She helps with yellow ribbon for troops on her own time, and works to help improve the image for City of Rogers.
Beck stated he wanted to point out a couple last things; Chief Beahen referred to investigation from outside agency. Take a look at that letter. It is not an investigation. Austin merely looked at the investigation that Beahen did. Did not talk with any employees, he simply signed off on an internal investigation. This is a big decision. It took me over an hour to read through it and pull it apart. You just spent 40 minutes in closed session. There are people here that are willing to speak on Ms. Hanson's behalf. The recommendation before you is to discharge a long-term employee. Take your time and consider everything. Not just the investigative report.
There were no questions from Council.
Attorney Carson stated at this time if there are any members from the public that wishes to speak, to approach the podium.
Mary Beth Schlegel, 12604 Main Street, Rogers
Schlegel stated that knowing Terri personally, she does love the City of Rogers and works hard for the City of Rogers. Schlegel stated she doesn't believe Terri would ever intentionally do anything to harm the City of Rogers. Schlegel stated she is a good worker and hard worker.
Kevin Beck, stated he was given two different letters written on Ms. Hanson's behalf. Those letters are from Ed Subject and Jeri VanHeel. Those letters were distributed to Council.
Julie Lynch, 12509 Rouillard Boulevard
Lynch stated she got to know Terri when she lost her dad and son in the same week. I got to know her. She would not lie and to call her a liar is not good. I do not believe she lies. She is a great person.
Jeff Bruchette, retired police officer from Hennepin County
Bruchette stated he does not live in Rogers. He worked with the Sheriff's office and has known Terri for 12 years. She is not a liar. She is the glue that holds that department together. Bruchette commented on another officer within the department and Attorney Carson interrupted him to stop the line of discussion.
Jeff Carson asked the mayor to have the Chief come back and answer a couple of questions.
Carson asked Chief Beahen if there is any evidence that contradicts the investigation you made in regard to 34 citations being entered on August 10, 2012.
Chief Beahen stated important to point out that counts of paper citations took place, not related to a computer. Paper copies of citations. Investigated 4 computer systems and a paper trail. Everything is there. Beahen stated he did not look at this lightly. He stated he went out of his way to make sure this is all conclusive.
Attorney Carson asked the Chief to comment on the nature of the work of the position of TAC and asked if there were any issues.
Chief Beahen stated the basic premise the need to be trusted. Anyone that is not truthful in Garrity is not retained by agencies for that reason.
Attorney Carson asked Beahen to comment on what he think happened the late morning/early afternoon of August 10th.
Chief Beahen stated, as Hanson's attorney alluded to, the other employee decided to leave on a Friday afternoon, and she expressed frustration.
Attorney Carson asked Beahen if there is any question in his mind that there were 34 citations entered by Hanson. Chief Beahen stated absolutely not.
Attorney Carson stated that Hanson did not tell truth. Chief Beahen stated correct.
Attorney Carson stated that while under Garrity, she did not tell the truth. Chief Beahen stated correct. Attorney Carson asked, for department's standpoint, are you able to work with someone who lied under Garrity. Chief Beahen stated absolutely not.
At this time, Council read the letters presented by Attorney Beck.
Attorney Carson stated at this point and time the Council is charged with the responsibility of dealing with this matter and appropriate action. Carson stated the Chief's conclusion proved convincingly that there were not 34 citations found on her co-worker's desk and entered into PC Enforce on August 10th. Not a situation of he said-she said. She said she entered them. He said she didn't and proved she didn't. Carson then spoke about the Garrity warning, a method by which employees are required to tell the truth. Council has not heard evidence contrary. Only some hope that the PC enforce was flawed, even if it were, manual counts and checking with the Courts proves there was no possibility there were 34 citations entered by Ms. Hanson on August 10th. What happened was she made up the story, and held to the story through tonight's Council meeting. Carson stated you heard the Chief state that he is not in a position to work with her under these circumstances.
Kevin Beck approached the podium. Beck stated Garrity is not an oath, or an incentive to tell the truth, Garrity immunizes someone from prosecution. What you have is someone who made one mistake, and to give her the ax is absurd. We have all made mistakes. This is a long-time employee who does not deserve to be fired. Whether she made it up, whether she is vindictive, she is consistent and honest.
Beck stated the decision is yours, not the Chief's, not Mr. Carson's. This is your decision. Take the time, table it, and look into your hearts. This is your decision and your decision alone.
Attorney Carson stated the one thing Counsel said and he agrees with is she made a mistake. The problem is she didn't acknowledge it and doesn't acknowledge it and that is a problem.
Ihli questioned how many hours Capt. Austin from Columbia Heights spent on his part of the investigation. Chief Beahen stated he was given the case files on Thursday of one week, and returned them a week later.
Bell asked Chief Beahen to describe some of the significant responsibilities that Terri holds and the impacts of truthfulness in her position. Beahen stated she has explicit trust with access to data; a lot of personal private confidential data of other people. No one is alleging she violated that. Beahen stated he has to have trust and confidence in an employee that they are truthful. The issue he is dealing with here is the ability to trust an individual when they have lied.
Hall asked Chief Beahen during the investigation and communications with Ms. Hanson, were there times you expressed your concern for her truthfulness. Beahen stated absolutely, and stated he offered her rational reasons for why she said it and that maybe she was confused. She maintained she was 100% positive. Beahen stated he went above and beyond with the investigation because she was so adamant. He tried to find a hole, but just couldn't find it.
Bunting stated the Garrity statement has been thrown around tonight. Bunting asked Chief Beahen to give us an idea of the importance of Garrity and consequences typically associated with not being truthful. Beahen stated the statement advises the individual to tell the truth and it will not be used against them in criminal proceedings. In a civil process, they are compelled to tell the truth. Hanson did review and sign a copy of the Garrity warning.
Bell stated the Counsel for Hanson said the Garrity warning does not invite termination. Is there policy that if you don't answer it truthfully, that it is termination?
Attorney Carson stated he can't speak to policy, but knows what an employee is told when it is given to them, they know they have to tell the truth.
Stanley questioned if Terri voiced an understanding to the statement and if she signed the statement? Carson stated yes she did.
Attorney Carson stated that possibly the distinction is that Garrity requires the truth be told. If you believe Ms. Hanson did not tell the truth following Garrity, this is a more serious matter in my opinion.
Kevin Beck commented that the Council is arguing over what is said in the document. Why don't you have the document in front of you?
Attorney Carson read from Garrity statement signed by Hanson.
Kevin Beck expressed frustration for not being able to view the entire investigation. Garrity requires them to answer questions, it doesn't say anything about answering them truthfully, it is only an end-run around 5th amendment.
Attorney Carson agrees it is given as a 5th amendment protection, but it is also given to compel the truth.
Bell stated, back to his question about Terri's responsibilities and her role (access to private data). Are there any ramifications if somebody were to bring up a dispute in the future?
Attorney Carson stated the future would depend on particular facts. If known that facts occurred which brought her veracity into question; if she were to do something in the future or provide information she shouldn't, or provide improper information, someone could look into her history. If the question is, is there potential liability, the answer is yes.
Kevin Beck discussed "Giglio" with Council regarding testimony of law enforcement. Beck stated you don't have to fire that person; you just need to disclose it (the history) to the other side. As far as liability, we are in the way-far world of speculation.
Ms. Hanson hasn't done anything in respect to her job duties. It's whether or not the Chief believes her.
Attorney Carson stated may I suggest that it is her access to sensitive and confidential information that is the problem. Not the Chief's belief that she falsified the information, that is clear. It is the Council's findings that she falsified the information that is important.
Stanley stated she would like to have seen a more thorough investigation by the outside investigator.
Bunting asked for any other questions, comments, or discussion.
Bunting stated this is one of those things that hits close to home. He knows her very well, has been to her house, supported her with time, been there when things were difficult, and knows her kids. Decisions like this are never an easy thing. Regardless of how we do things tonight, there are going to be people dissatisfied and hurt. To me the evidence of Terri of not being truthful, I unfortunately find substantial. There were arguments that systems could be flawed, but it would take the involvement of so many people at so high a level it would be an unreasonable expectation. Was hoping it would not come to this.
Ihli stated we hired Chief Beahen and he has come in to do a job and we need to give him our full support to right what was wrong. We have to back this Chief 100% and also listen to staff and what they recommend. I too know Terri. It is truly difficult. We've cooked together and done numerous things together. This is not an easy thing to decide. We hired the Chief to put the department on the right path and I have to back him 100%.
Bell stated a variety of people have spoken on Terri's behalf about the good things she's done in the community. They are all 100% correct. She has been an incredible asset. None of that is incorrect; he has seen it first-hand. Unfortunately in this situation, with the facts present and when you look at all levels of physical tickets and multiple computer systems involved, there is no reasonable way to dispute the facts of the situation. There is no good outcome.
Bunting stated before we have a motion on anything, he gave Counsel for Hanson the opportunity to say anything or take any action on behalf of his client. Beck asked for 10 minute recess.
Ihli moved, Bell seconded a motion to recess at 9:36 p.m.
Council reconvened at 9:52 p.m.. Attorney Carson stated the Council will be adjourning to a closed session to consult with legal counsel at 9:52 p.m.
Council reconvened to open session at 9:59 p.m.
Attorney Carson stated the parties have reached an agreement whereby Ms. Hanson is going to resign her position with the City and the Council will not take any further action.
Kevin Beck concurred.
Stanley moved, Ihli seconded a motion to accept the resignation of Terri Hanson. Motion carried 5-0.
Bell moved, Ihli seconded a motion to adjourn at 10:01 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk