City of Brier, Washington


November 2, 2005
7:30 pm

Commission Chairman Nixdorf called the meeting to order at 7:30 PM.


ROLL CALL: Present: Commissioners Nixdorf and Zenk.




A.                  Commissioner Zenk opened for discussion hearing appeal procedures. Commissioner informed all parties of his position with Lake Forest Park to alleviate any problems. City Attorney, Tom Evans, did not have any objections nor did Mr. Amador. Commissioner Nixdorf requested clarification regarding representation by Mr. Evans. Mr. Evans stated he is representing the City, not the Commission.


All parties identified: Bo Jeffers, Business Representative, Laborers Local 1239, on behalf of petitioner; George Amador, 1747 91st Av NE (petitioner); Tom Evans, City Attorney; Paul Sweum, Community Development Director, City of Brier; Mayor Gary Starks, City of Brier.


Mr. Evans dispersed suggestions on how to handle procedural issues. Due to the lack of legal representation for the Commission at this time, Mr. Evans informed the Commission there are two ways to proceed. One is the “informal way” and the other the “formal way”.


Mr. Evans stated from an informal perspective, which is permitted by the Civil Service Rules, there is no need to have a formal court like procedure. The Rules make that clear. There is no requirement for lawyers, formal rules of evidence, or admission of exhibits or anything of that sort. Mr. Evans stated the City would stipulate to an informal form of hearing. Mr. Amador agreed to proceed informally.


Mr. Evans stated another issue brought up by the Rules is the right of the petitioner to have a hearing within forty (40) days of filing the petition. The forty day rule can be waived by the petitioner. Mr. Evans suggested it may be helpful in this case if the Civil Service Commission ordered a pre-hearing mediation meeting between the parties. Commissioner Nixdorf inquired on the procedure the petitioner would follow if he doesn’t agree with the Mediator’s decision. Mr. Evans stated what ever happens in mediation, by law, is protected by evidence rule 408, which means it is confidential and whatever is said in the mediation cannot be used by either party in the process. Commissioner Zenk asked and Mr. Evans confirmed if Mr. Amador does not agree with the Mediator’s decision the appeal could still be heard by the Commission.


Commissioner Nixdorf asked Mr. Amador if he would be interested in attempting mediation with the City. Mr. Jeffers stated it is common to have a facilitated discussion, which is even less formal than mediation and does not require an outside third party. Mr. Jeffers stated he has no objection to having a third party mediate but a remedy may be met by addressing the concerns in a less formal atmosphere. Commissioner Zenk inquired if Mr. Amador decides to waive the 40 day rule to give this more thought, could the Commission continue this hearing?  Mr. Evans stated he agrees with Mr. Jeffers suggestion that an informal sit down process is entirely possible. Commissioner Nixdorf asked if Mr. Jeffers could be with Mr. Amador during that process. Mr. Evans stated he believes so as Mr. Jeffers is not representing him as an attorney. Mr. Evans stated he is premising this on the fact that the petition filed with the Commission by Mr. Amador states “I now understand my mistake in making an unauthorized purchase”.  Mr. Evans stated he believes this statement provides maneuvering room to resolve the issue.


Commissioner Nixdorf suggested the hearing date by set for the Commissions next regular meeting of December 7th. Mr. Amador stated his understanding is the parties will try to mediate the issue and if somebody is not happy with the outcome, the date for the hearing is already set and will be heard. Mr. Evans reiterated the fact anything said in the settlement meeting would not be able to be used against either party in the hearing.


Commissioner Nixdorf asked Mr. Amador if he was willing to stipulate on the forty day rule to extend it up through December 7th. Mr. Amador agreed to waive the 40 day rule.


Commissioner Zenk informed both parties the Commission requests they schedule a meeting and try to come to a conclusion that satisfies both parties before December 7th, the next Civil Service Meeting, and forward the outcome to the Commission so the Commission can conclude the appeal.


Mr. Amador asks how much time before the mediation process begins as he would like it to be in a timely manner. Commissioner Zenk requests the date and time of the scheduled meeting be forwarded to the Civil Service Secretary so the Commission is aware of the status.


Mr. Evans affirmed the hearing is scheduled for December 7th as an informal hearing, under the informal rules, without lawyers being present. Commissioner Zenk expressed agreement.


                  Mr. Amador again inquired as to when the parties would meet. Mr. Evans 

                  informed Mr. Amador he would not be available until after Wednesday but

                  could schedule the meeting immediately. It was agreed Mr. Evans and Mr. 

                  Jeffers would schedule the meeting.


                  Commissioner Nixdorf informed the parties to be sure to have their witnesses

                  at the hearing on the 7th, if it goes that far, to testify.




A.         No miscellaneous business.


ADJOURNMENT: Commissioner Nixdorf moved and Commissioner Zenk seconded to adjourn the meeting. Commissioner Zenk declared the meeting adjourned at 7:55 PM.

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Brier City Hall | 2901 228th St. SW | Brier, Washington 98036
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