Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 3rd, 2003, at 4:30 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: Mayor Hamann-Roland.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, Police Captain Anglin, Assistant to the City Administrator Grawe, Police Chief Johnson, Police Captain Lohse, and Human Resources Manager Strauss.

Acting Mayor Erickson called the meeting to order at 4:30 p.m. Everyone in attendance took part in the pledge of allegiance to the flag.

APPROVAL OF AGENDA

MOTION: of Grendahl, seconded by Bergman, approving the agenda for today's meeting as presented. Ayes - 4 - Nays - 0.

Mr. Lawell noted that Mayor Hamann-Roland was not present due to an appointment with college admissions officials in northern Wisconsin for her daughter. She regrets not being able to be here, but the appointment was scheduled weeks ago, prior to the meeting being set.

TERMINATION OF EMPLOYEE

Mr. Lawell said the Council held a closed session on March 27, 2003, for preliminary consideration of allegations against an individual. This meeting is being held as a result of that discussion. Mr. Dougherty commented on State Data Practices laws that have certain provisions to protect public employees. While the Council may terminate an employee for just cause, an employee subject to collective bargaining, which is the case in this matter, has an opportunity to arbitrate the decision of the Council. Until such time as the arbitration is concluded or upon failure of the individual to elect arbitration, this matter is not considered a final disposition. For that reason, he advised the Council that the individual is not being identified except as Employee A. He recommended that no public comment be taken other than from the individual.

Mr. Lawell said a meeting was held with Employee A on March 31, 2003, who was given an opportunity to present a response to the proposed discipline. Having considered the response, the recommendation remains that the individual be terminated from employment with the City effective April 4, 2003.

MOTION: of Goodwin, seconded by Bergman, that "Employee A" be terminated from employment with the City of Apple Valley effective April 4, 2003, based on the information provided by the City Administrator and City Attorney. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0.

The meeting was adjourned at 4:34 o'clock p.m.