91-018
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2/6/91
RESOLUTION NO. 18-91
A RESOLUTION APPROVING FINDINGS OF FACT RELATING TO
THE TERMINATION OF SANDRA L. KENNELLY
WHEREAS, a disciplinary hearing was held by the Shorewood City
Council on January 28, 1991, to consider certain allegations brought
against Sandra L. Kennelly pertaining to her job performance ~ and
WHEREAS, at the close of said hearing, the Council passed a
motion directing that Ms. Kennelly be terminated effective January 29,
1991, and that the City Attorney prepare Findings of Fact setting forth
the circumstances of such termination.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood, that the City Council approve the following:
FINDINGS OF FACT
1. Sandra L. Kennelly has been an employee of the City of
Shorewood since July 5, 1973, and has served the capacities of part time
clerk, City Clerk and Deputy City Clerk.
2. During the period of April 1989 to January 1991, Ms.
Kennelly's immediate supervisor was the Shorewood City Administrator,
Laurence E. Whittaker. In October of 1989, pursuant to Mr. Whittaker's
recommendations, Ms. Kennelly was reassigned to the position of Deputy
City Clerk and her job duties redefined.
3. In a memorandum to the City Council dated December 7, 1990,
and in an Annual Performance Review memorandum dated December 10, 1990,
Mr. Whittaker indicated that Ms. Kennelly's work was not being handled
adequately, and she did not possess the necessary skills required for her
job. Ms. Kennelly responded to the performance review in memorandums
dated December 13 and December 14, 1990.
4. On January 14, 1991, Ms. Kennelly was notified by Acting City
Administrator Bradley J. Nielsen that a pretermination hearing would be
held before the Council at 7: 00 p. m. the following day to consider certain
allegations pertaining to her job performance. Ms. Kennelly appeared for
the hearing but declined to participate and requested that she be given
additional time to prepare a response. She further objected to the
hearing because it was to be held during an executive session of the
Council.
5. By memorandum dated January 18, 1991, Ms. Kennelly was
notified by the Acting City Administrator of certain specific allegations
pertaining to her job performance and informed that she would be given an
opportunity to respond to the allegations at an open meeting of the
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Shorewood City Council on January 28, 1991. Said memorandum is attached
hereto and made a part hereof as Exhibit A.
6. 0 n January 28, Ms. Kennelly appeared with her attorney, Mark
W. Kelly, at a disciplinary hearing held at a regularly scheduled meeting
of the City Council and responded through her attorney to the allegations
concerning her performance. Comments and remarks were heard from the
floor and from the council members, and due consideration was given the
matter by the Council, as recorded in the official minutes of the Council
meeting of January 28, 1991.
CONCLUSIONS
1. T hat the allegations made in the memorandums of Mr. Whittaker
and Mr. Nielsen concerning Ms. Kennelly's performance are true and thereby
constitute incompetence and inefficiency in the performance of duties.
2. That the above factors establish just cause for Ms.
Kennelly's discharge, pursuant to Section 18, Subd. 1 (1) of the Shorewood
Employee Relationship Policy.
ADOPTED BY THE CITY COUNCIL OF THE
11th day of February 1991.
CITY OF SHOREWOOD this
/7", J, /J L ,'J
f9Iu/Il~,j 13I1Nt6U
BarbaraJ. ~~ancel, Mayor
ATTEST:
~~tl' I. /)d~J
Bradley /~elsen
Acting ty Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
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MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO:
Sandra Kennelly
DATE:
18 January 1991
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FROM:
Acting Administrator
RE:
Pretermination Hearing
FILE NO:
Personnel
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This is to advise you that the City Council took no action at your pretermination hearing held
on 15 January. They will hold a second hearing on 28 January 1991, at a regularly
scheduled meeting, at which time the followinS! soecific alJe!ZatioI1s, and other related items
pertaining to your job description wili be dIscussed. References to your job description are
shown in parantheses after each item.
1. Council 11inutes Book. The Minutes Book has not been kept current. Corrections and
final drafts are not promptly incorporated into the book. (Job desc. No.1)
2. Code Books. Although the current master book appears to be up-to-date now, other Code
books have not been updated. For example, the recent changes to dog, building and
zoning regulations do not appear in the public copy of the City Code at the front desk.
(Job desc. No.1)
3. Resolutions. Resolutions are not put in the book as they are received. Signed originals
are kept in a pile on your shelf until it is convenient to put them in the book. (Job desc.
No.1)
4. Licensing Procedures. You have failed to keep up on licensing procedures. For
example, you stopped requiring licenses for tree trimmers, despite an existing Code
requirement that they be licensed. When advised that they must be licensed, you were
unable to locate the forms used when licenses were being issued.
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You have been remiss in informing licensees of deadlines for reapplying and notifying
licensees of changes in City regulations (e.g. cigarette licenses). (Job desc. No.3)
A Residential Community on Lake Minnetonka's South Shore
- EXHIBIT A -
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Re: Sandra Kennelly
Pretermination Hearing
18 January 1991
5. Special Assessments. Special assessments have not been filed monthly. Assessment
searches are not handled promptly, sitting in your office for up to two weeks. (Job desc.
No.8)
6. Inventory. There is no system for keeping the inventory of office equipment up-to-date.
As of this writing the computers have not been marked or recorded. (Job desc. No.9)
7. Relief at Front Desk. You have not prepared schedules for relieving the front desk.
Personal calls interfere with business calls when you are covering the front desk. (Job
desc. No. 10)
These allegations and others are included, and elaborated on in correspondence from Larry
Whittaker which are part of your personnel file. You have been given copies of all material
contained in that file.
In order for you to have time to prepare for the hearing on 28 January, you will not be
expected to report for work. The Council has agreed that you will continue to be paid until
this matter has been resolved.
. The Council has given you the option of having the hearing on 28 January in a closed
executive session or during the open portion of the meeting that night. Unless I hear
differently from you by 23 January, I will assume you prefer a closed session at the end of
the meeting. Please let me know.
cc: Mayor and City Council
City Attorney
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