Commission Chairman Nixdorf called the meeting to
order at 7:30 PM.
ROLL CALL: Present: Commissioners Nixdorf and Zenk.
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
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
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
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
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
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
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.
Nixdorf moved and Commissioner
Zenk seconded to adjourn the meeting. Commissioner Zenk declared the
meeting adjourned at 7:55 PM.
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