01-22-1992 CITY OF EDGEWATER
MERIT BOARD
REGULAR MEETING
WEDNESDAY, JANUARY 22, 1992
7:00 P.M.
CITY HALL CONFERENCE ROOM
MINUTES
CALL TO ORDER:
The Regular Meeting of the Merit Board was called to order at
7:02 p.m. on Wednesday, January 22, 1992, in the City Hall
Conference Room.
ROLL CALL:
Members present were: Ms. CeCe Stevens, Ms. Erna Cook, Ms. Jan
Morris, Ms. Shirley Roberts, and Ms. Doris Patterson. Also
present were Fire Chief William Vola, Harry Jones, Walter
Trickey, City Attorney Krista Storey, George Barlow, City Manager
George McMahon, Fire Lieutenant Larry Carson, William Hathaway,
Bill Finch, Al Gilbert, Ben Wagner, Jim Castetter, Lisa Warren
and Recording Secretary, Lisa Kruckmeyer. Mark Miller arrived at
7:30 p.m.
APPROVAL OF MINUTES:
Ms. Stevens made a motion to approve the minutes of October 23,
1991, seconded by Ms. Morris. Motion CARRIED 5 -0.
UNFINISHED BUSINESS:
There was no unfinished business.
NEW BUSINESS:
Bill Finch Grievance
The meeting was temporarily adjourned at 7:05 p.m. while waiting
for involved parties. The meeting was moved to the Community
Center due to not enough room for all people attending.
The meeting resumed at 7:17 p.m. City Attorney Krista Storey set
up the procedure for the hearing.
Chairman Patterson asked if the Board members had any questions
at this time. None of the members had any questions.
Attorney Bill Hathaway represented Bill Finch. At this time,
they gave their presentation. Mr. Hathaway questioned Mr. Finch
about the evening of September 8, 1991.
Bill Finch presented a scrapbook of certificates that he has kept
regarding his accomplishments for the five years he has been
affiliated with the Fire Department.
Attorney Bill Hathaway presented his closing statements.
Chairman Patterson asked the Board if they had any questions or
comments at this time.
City Manager George McMahon represented the City. At this time,
he gave his presentation.
Chairman Patterson asked if the members of the Board had any
questions for Mr. McMahon.
Ms. Roberts stated she would like to know if Mr. Finch has ever
been counseled in the past by his supervisor about any problems
of this type that have occurred. Mr. McMahon stated yes and that
also contributed to his decision.
i
Ms. Roberts asked if there was documentation of that Mr.
McMahon stated yes, written and verbal.
Attorney Hathaway then questioned Mr. McMahon. Attorney Hathaway
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stated he thinks they are free to cross examine.
City Manager George McMahon stated this is not a hearing under a
judicial law and if he wished that, he requested a court
reporter.
City Attorney Krista Storey stated these are very informal
proceedings. Mr. McMahon's position is to present the City's
side. She stated under the circumstances, we are not under
formal rules of evidence.
Chairman Patterson thanked Mr. McMahon for his presentation.
Attorney Hathaway stated it is a highly inappropriate means of
conducting a hearing. 1 think we are entitled to the cross
examination of anyone who testifies before this board. He has
offered himself as a witness and has testified and you have now
denied Bill Finch his opportunity to cross examine.
City Attorney Krista Storey stated as he had indicated from the
beginning this is an informal proceeding and I think the board
needs to set the tone. You haven't been denied any right at this
time.
The meeting was temporarily adjourned at 8:30 p.m. due to a
medical emergency with Mr. McMahon.
Chairman Patterson stated due to a sudden illness with Mr.
McMahon they would adjourn this hearing until further notice.
Minutes submitted by:
Lisa Kruckmeyer
Page 2
Merit Board
January 22, 1992