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Sparks fly in Stacy over building inspector |
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By Anne Thom
All had been quiet and routine at the April 22 meeting of the Stacy City Council until Councilor Tony Olivolo accused Mayor John Daher of making the arrangement to rehire former city Building and Code Inspector Jack Kramer prior to the matter being discussed with the full council. Daher said “There was no agreement Tony, I asked him if he was interested. I talked to him to see if he was willing and available.”
This information was new and confusing to those observing the meeting. Mayor Daher clarified some information for the Post Review the following day. Metro West has abruptly resigned as the city’s contract Building and Code Inspectors effective March 27. Metro West did not call, but sent a letter to City Hall advising services were terminated “effective immediately”.
Metro West had been hired as of January 1, 2008 after a majority on the council had voted to authorize a Request for Proposals process (RFP) to possibly replace all of the city contract personnel including City Engineer and City Attorney. The current engineer, Chuck Schwartz and the current attorney, Peter Grundhoefer submitted proposals and were rehired. Kramer, however, was not.
An emergency meeting was called on March 27 to handle Metro West’s departure. A contract “extension” was offered to Kramer that evening and passed three to one. Councilor Barbara Avalos was absent from the meeting. Daher, Olivolo and Councilor Mel Aslakson voted in favor. Councilor Bud Wilson voted against. The contract is through the end of 2008.
At the April 22 meeting, Olivolo made a motion to terminate the contract even though Kramer had signed and returned the document and the city Web site reflects Kramer as the inspector. Payne then asked if the city has no inspector, what she should advise citizens who call with code compliance problems. Daher added “I just want to point out that we currently have two businesses currently looking to get building permits. The middle of the construction season is not the time to be changing building inspectors.”
Wilson responded, “So what, tell them it’s on hold.”
Grundhoefer pointed out the council had approved the contract already and there was no provision for termination. Daher reminded his colleagues that finding and locating Metro West had taken two and a half months. Wilson shouted “I don’t care!,” and motioned to terminate Kramer’s contract.
Daher warned, “there could be a lawsuit.”
Getting no additional response from other councilors, Daher reluctantly called for a vote. Avalos abstained, Aslakson, Olivolo and Wilson voted to terminate and Daher voted against.
The justification Aslakson presented in agreeing with Wilson and Olivolo was a recent workshop on municipal loss control. Aslakson said no city council member should speak to an employee about an employment situation without consulting colleagues first.
Daher was not finished with discussion though and was beginning to lose his temper, “Nothing was snuck in, nothing was under the table,” he responded, to which Wilson replied, “Yeah, well he’s a buddy of yours.”
Daher refused to carry the motion, citing the potential for a lawsuit. “I don’t believe it is a legal motion,” he said because of the contract in effect. He requested that Grundhoefer research the matter before a ruling. Daher said in a decidedly angry yet measured tone of voice “Based on the contract, it could put the city in a legal situation.”
The following day, Grundhoefer returned with his opinion; the motion made by Wilson was legal, however it was also true Kramer could sue the city for breach of contract. An emergency meeting was held on Thurs., April 24 at 6 p.m.
Daher began by explaining that he contacted Kramer immediately on receiving Metro West’s resignation as building and code inspection is an essential city function and the building season had begun. Daher further justified moving quickly citing two businesses, Metal Crafters of Stacy and Redtail International, and the impact if the city abruptly delayed its plans to begin building in the Stacy Ponds Business Park (SPBD) in mid-May. None of the Mayor’s colleagues had presented an alternative and the majority had agreed to rehire Kramer.
Now nearly a month later, Olivolo had changed his mind, still without any other recommendations as to how the city should provide the essential service. Daher pointed out the city attorney had recommended against this action.
Wilson said “The mayor said some of the council members didn’t like him (Kramer), it’s because he didn’t do his job.”
Daher rebutted Wilson saying that city hall had received numerous calls from citizens who were happy Kramer was rehired. Olivolo, who had started the fracas the previous evening with his motion to terminate Kramer, agreed with Wilson and then was almost entirely silent the rest of the meeting.
Grundhoefer advised that Wilson’s motion to terminate Kramer’s contract is legal. He also reported he had spoken to Kramer about the matter. “Jack is considering legal action against the city,” Grundhoefer said. If the city breaches a contract, the city is liable for damages. The League of Minnesota Cities, who insures the city, would not cover the damages in this situation.
Wilson immediately disregarded Grundhoefer’s written assessment telling him the case law Grundhoefer had cited was not an analogous situation. He demanded to know who gave Grundhoefer the authority to do the research. Grundhoefer started to respond it had been the given at last evenings meeting, when Daher spoke up, pointing out that no one had opposed his request for Grundhoefer to answer the questions. Wilson disagreed with that and shouted “We object to this one man operation of the council!”
Aslakson considered the information and responded he will also contact the League of Minnesota Cities to verify the city’s liability.
Official notice still needed to go to Kramer. Argument broke out with Wilson backpedaling on his call for immediate termination, suggesting instead 30 days notice. Aslakson reviewed the contract and countered with 60 days notice citing that time frame’s mention in the contract. The Mayor corrected his assessment. In fact, the contract, which the Post Review was given a copy of states:
“This agreement shall run until December 31, 2008, at which time it will automatically renew for a period of one (1) year, unless written notice is served to the other party that the agreement shall be canceled at least sixty (60) days prior to the scheduled time of renewal.”
There was still the issue of who would handle city building and code enforcement until a replacement could be found, and how would a replacement be found. Daher told his colleagues that if the city doesn’t have building and code enforcement personnel, the State of Minnesota considers this a critical function and would step in.
Finally, with Grundhoefer’s guidance, it was decided another RFP process will commence in mid-May. Grundhoefer cautioned an RFP should be conducted to avoid potential litigation over an unfair hiring process. Aslakson, Olivolo and Wilson voted in favor and Daher against. The council will publish notice in the coming week and applications will be due by 5 p.m.on May 12, with a decision on hiring to be made on May 13, the next regular council meeting.
The Mayor was about to end the meeting when Stacy resident David Cook asked if he could speak. Throughout the hour of discussion, Daher had firmly told the audience there would be no public comment at this meeting. He relented as several others said the community ought to be allowed to weigh in on the matter.
“You’re worried about getting sued for no RFP, but what about if Jack sues, who pays?,” Cook asked.
“The city does. It would be paid out of the general fund” Daher answered. Wilson then interrupted telling Cook in an irritated voice “I’m not saying he was fired because we didn’t like him.” Cook shot back “I’m not saying that, I’m saying breach of contract is breach of contract. If it’s a lawsuit against the city, that’s what we’re concerned about.”
Witness to the entire two evenings worth of meetings, Stacy resident and Bar and Grill employee Margaret St. Sauver spoke. St. Sauver usually sits quietly in the room observing, tonight she spoke with indignation chastising the council for knowingly setting up the taxpayers “..and now the taxpayers will have to pick up the tab.” Her sentiments were echoed by Mario Schlecht, Jr.. who spoke to his neighbors following this meeting. Schlecht plans to run for a council seat in November and cited his concern over the conduct of some of the present council members.
Business owner and resident Mike Haehnel stood up angrily from his front row seat and defended Kramer saying he had worked with him numerous times in a professional capacity and Kramer is a good building inspector. Further, Haehnel read through the contract and pointed that many of the complaints leveled against Kramer as “not doing his job” are actually the responsibility of the city. It appears Haehnel is correct. In reading the terms outlined in the contract, Kramer has limited authority. That was not really what was on Haehnel’s mind though, or the minds of the other citizens in attendance. “I’m tired of the childishness and rhetoric, it costs the citizens money. I think it’s really, really sad and I’m ashamed of some of the things I’ve seen come out of this council,” he said.
There was both praise and blame from resident Sara Perron. Perron said she has worked with code and inspections. She is worried about jobs she has pending in the city and told the council, “If the state takes over...not a good scenario.” Perron didn’t say Kramer was a bad inspector, but felt he showed “favoritism” in his enforcement. Perron had received a letter from Kramer over a fence on the property she occupies not meeting code. She also scolded the council. “Stacy is a small town, let’s keep it right, ..put your differences aside.”
Jim Nelson who has been to court in Chisago County courtesy of violations Kramer cited him for, accused Kramer of favoritism also and of not doing anything. Resident Della Stauffer agreed with Nelson. Later it was reported by the council that the inspections Stauffer claimed were done poorly, had not been done by Kramer.
Daher’s last call for comments brought no takers. The Mayor turned to his colleagues and asked if any of them wished to respond. “Some of the comments aren’t worth addressing,” Wilson said. This drew an angry murmur from citizens.
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