Attorney says Greenwood Personnel Policy invalid

NOVEMBER 13, 2018 — One of the first items of business at the regular November meeting of the Greenwood Town Board of Supervisors was to permanently rearrange its agenda, placing public input and correspondence at the end of each township meeting. In September and October the town board experimented with accepting input at the end of those meetings and now seem convinced that it allows the board a better opportunity to conduct its business before hearing a recital of public concerns. This practice also allows the board of supervisors the opportunity to research and think about those concerns before returning to the next meeting ready to address them.

A September 30 grievance, by firefighter Jeff Maus, claims that Greenwood Township did not “consider an employee grievance in good faith” and alleges members of the town board made “derogatory comments” and “untrue statements.” The Greenwood Town Board, in accordance with policy, turned the complaint over to its attorney Mike Couri.

The township has now heard from its attorney on the matter. According to Couri the township does not have a Personnel Policy in place. There is a Personnel Policy document on the township website reportedly adopted by the Town Board of Supervisors on July 11, 0f last year, when Dr. John Bassing was chairman of the town board. However, according to this recent communication from the township attorney that policy has not been adopted and is not part of the township’s official policies and cannot be used in determining the outcome of a complaint lodged against the board. The multi-page letter acknowledged that the attorney listened to hours of meeting audio recordings and read the townships minutes before determining that the township simply has not adopted any such policy. Board Chairman Mike Ralston asked Clerk Sue Drobac to read the lengthy letter into the public record. The letter negates the validity of the township policy dealing with employees and suggests the township deny any claims of wrongdoing, based upon a nonexistent Personnel Policy relating to the Maus complaint and to remove the unapproved policy from the township website.

Following the advice the town board received in its attorney’s letter, Supervisor Carmen DeLuca moved to “find that there was not any disrespect on behalf of the township board.” The motion received unanimous support following the second which was provided by Supervisor Paul Skubic.

“That piece of paper cost about a thousand bucks,” Chairman Ralston said following the conclusion of the vote.

Latter in the meeting, under public input, Bassing said the he believed that the township attorney is wrong and that the township did indeed approve the Personnel Policy, as reported in the township’s official newspaper back in 2017. ”I don’t believe this is defensible,” Bassing said.

Still the July 11, 2017 minutes posted on the township’s website, officially approved by review and vote on August 8, 2017,  show no mention of any such policy.

The Minnesota Department of Labor and Industry is still investigating Maus’ other complaint relating to training study time pay. Ralston reported that the township has received notice that its insurance carrier will no longer provide coverage to defend the township against that investigation. The town board unanimously approved conducting a 6:30 p.m. meeting at the town hall on Monday, November 26 to determine its best course of action.

Greenwood has long offered its citizens low-interest septic project loans and Frandsen Bank in Tower has now informed the township that it can no longer administer those loans on behalf of the township. The 27-year-old program started with a $40,000 grant and the township now has $97,000 but needs to find a way to administer the short, currently two-year, two-percent loans for residents. There is a township resident ready to borrow money for a septic project currently under construction Rodgers told the board. She said that she can handle some of the details of administration, but first the township needs to determine what restrictions govern this fund. The dedicated bridge and trail funds should also be reviewed, Rodgers said. The board took the loan program under advisement and is expected to address these issues in the near future.

In other action, the Greenwood Town Board of Supervisors:

• Approved the minutes of both the October 9 regular meeting and October 15 special meetings of the town board

• Learned, in a report from Supervisor Byron Beihoffer, that he has not yet been able to find any well drillers interested in drilling a shallow well at the township’s pavilion. It is expected the issue may again be addressed next spring

• Discussed high speed, broadband internet issues in a conversation led by Treasurer Pam Rodgers. According to Rodgers the township was the recipient of a Northeast Services Co Op program which brought broadband fiber to the township doorstep, however she does not believe the township has hooked up yet. She will look into what needs to be done to accomplish the connection and report back to the town board

• Approved paying $6,456.13 in bills claimed due against the township

• Listened to Fire Chief Dave Fazio complete the second reading of the Standard Operating Guidelines and the Paid on Call Guidelines for the Greenwood Fire Department and the town board unanimously voted to adopt the guidelines following this reading

• Learned that Chairman Ralston has now received copies of the township inventory from the Fire Chief and Town Clerk. The township will post the inventory on the cloud and is available for review at the town hall office, Ralston said

• Approved purchasing 400 feet of rubber hose to aid in flooding the ice skating rink and to be used at other times where water is needed a distance from the town hall well

• Approved spending $336 for a metal sign to be placed at the recycling canisters warning the public against unlawful dumping and the consequences which will be meted out against scofflaws

• Authorized Ralston to use the township plow truck to plowing the ice rink when needed

• Approved a new rental agreement for the town hall and pavilion and discussed the need to determine a procedure to determine if renters have left the facilities clean and removed all garbage before reservation deposits are refunded

• Approved paying Ed Borchardt throughout the winter as Safety Director on the township fire department. it was noted that he works on township firefighter safety and training even when he is out of the area during winter months

• Approved removing the township Personnel Policy from the township’s website

• Learned, from Clerk Drobac, that 606 voters cast ballots in the November 6 midterm election

• Learned that Greenwood Township Fire Department responded with six firefighters to the Cook Zup’s Grocery store fire and three of those members were Bois Forte Band members confirming the excellent working relationship between both Greenwood communities

• Gave Clerk Drobac authority to spend up to #3,500 to obtain a new photo copier for the township office

• Established the Greenwood Town Hall as the official polling place for the upcoming March township election

• Accepted the only bid the township received in its call for bids for snowplowing. The bid was from Vermilion Snow Management, the same business which provided services last year, at a charge of $100 per hour of service.

One of the first items of business at the regular Tuesday, November 13 meeting of the Greenwood Town Board of Supervisors was to permanently rearrange its agenda, placing public input and correspondence at the end of each township meeting. In September and October the town board experimented with accepting input at the end of those meetings and now seem convinced that it allows the board a better opportunity to conduct its business before hearing a recital of public concerns. This practice also allows the board of supervisors the opportunity to research and think about the public’s concerns before returning to the next meeting ready to address them.

Responding to a September 30 grievance, by firefighter Jeff Maus, that Greenwood Township did not “consider an employee grievance in good faith” and alleges members of the town board made “derogatory comments” and “untrue statements” the Greenwood Town Board, in accordance with policy, turned the complaint over to its attorney Mike Couri.

The township has now heard from its attorney on the matter. According to Couri the township does not have a Personnel Policy in place. There is a Personnel Policy document on the township website reportedly adopted by the Town Board of Supervisors on July 11, 0f last year, when Dr. John Bassing was chairman of the town board. However, according to this recent communication from the township attorney that policy has not been adopted and is not part of the township’s official policies and cannot be used in determining the outcome of a complaint lodged against the town board. The multi-page letter acknowledged that the attorney listened to hours of meeting audio recordings and read the townships minutes before determining that the township simply has not adopted any such policy. Board Chairman Mike Ralston asked Clerk Sue Drobac read the lengthy letter into the public record. It seems the letter totally negates the validity of the township policy dealing with employees and suggests the township deny any claims of wrongdoing relating to the Maus complaint.

Following the advice the town board received in its attorney’s letter, Supervisor Carmen DeLuca moved to “find that there was not any disrespect on behalf of the township board.” The motion received unanimous support following the second provided by Supervisor Paul Skubic.

“That piece of paper cost about a thousand bucks,” Chairman Ralston said following the conclusion of the vote.

Latter in the meeting, under public input, Bassing said the he believed that the township attorney is wrong and that the township did indeed approve the Personnel Policy, as reported in the township’s official newspaper back in 2017. “I don’t believe this is defensible,” Bassing said.

The Minnesota Department of Labor and Industry is still investigating Maus’s other complaint relating to training study time pay. Ralston reported that the township has received notice that its insurance carrier will no longer provide coverage to defend the township against the department of labor and industry investigation. The town board unanimously approved conducting a 6:30 p.m. meeting at the town hall on Monday, November 26 to determine its best course of action.

Greenwood has long offered its citizens low-interest septic project loans and Frandsen Bank in Tower has now informed the township that it can no longer administer those loans on behalf of the township. The 27-year-old program started with a $40,000 grant and the township now has $97,000 but needs to find a way to administer the short, two-year, two-percent loans for residents. The is a township resident ready to borrow money for a septic project Rodgers told the board. She also said that she can handle some of the details of administration, but first the township needs to determine what restrictions govern this fund and the dedicated bridge and trail funds. The board took the loan program under advisement and is expected to address these issues in December

In other action, the Greenwood Town Board of Supervisors:

• Approved the minutes of both the October 9 regular meeting and October 15 special meetings of the town board

• Learned, in a report from Supervisor Byron Beihoffer, that he has not yet been able to find any well drillers interested in drilling a shallow well at the township’s pavilion. It is expected the issue may again be addressed next spring

• Discussed high speed, broadband internet issues in a conversation led by Treasurer Pam Rodgers. According to Rodgers the township was the recipient of a Northeast Services Co Op program which brought broadband fiber to the township doorstep, however she does not believe the township has hooked up yet. She will look into what needs to be done to accomplish the connection and report back to the town board

• Approved paying $6,456.13 in bills claimed due against the township

• Listened to Fire Chief Dave Fazio complete the second reading of the Standard Operating Guidelines and the Paid on Call Guidelines for the Greenwood Fire Department and the town board unanimously voted to adopt the guidelines following this reading

• Learned that Chairman Ralston has now received copies of the township inventory from the Fire Chief and Town Clerk. The township will post the inventory on the cloud and is available for review at the town hall office, Ralston said

• Approved purchasing 400 feet of rubber hose to aid in flooding the ice skating rink and to be used at other times where water is needed a distance from the town hall well

• Approved spending $336 for a metal sign to be placed at the recycling canisters warning the public against unlawful dumping and the consequences which will be meted out against scofflaws

• Authorized Ralston to use the township plow truck to plowing the ice rink when needed

• Approved a new rental agreement for the town hall and pavilion and discussed the need to determine a procedure to determine if renters have left the facilities clean and removed all garbage before reservation deposits are refunded

• Approved paying Ed Borchardt throughout the winter as Safety Director on the township fire department. it was noted that he works on township firefighter safety and training even when he is out of the area during winter months

• Approved removing the township Personnel Policy from the township’s website

• Learned, from Clerk Drobac, that 606 voters cast ballots in the November 6 midterm election

• Learned that Greenwood Township Fire Department responded with six firefighters to the Cook Zup’s Grocery store fire and three of those members were Bois Forte Band members confirming the excellent working relationship between both Greenwood communities

• Gave Clerk Drobac authority to spend up to $3,500 to obtain a new photo copier for the township office

• Established the Greenwood Town Hall as the official polling place for the upcoming March township election

• Accepted the only bid the township received in its call for bids for snowplowing. The bid was from Vermilion Snow Management, the same business which provided services last year, at a charge of $100 per hour of service.

The township has now heard from its attorney on the matter. According to Couri the township does not have a Personnel Policy in place. There is a Personnel Policy document on the township website reportedly adopted by the Town Board of Supervisors on July 11, 0f last year, when Dr. John Bassing was chairman of the town board. However, according to this recent communication from the township attorney that policy has not been adopted and is not part of the township’s official policies and cannot be used in determining the outcome of a complaint lodged against the town board. The multi-page letter acknowledged that the attorney listened to hours of meeting audio recordings and read the townships minutes before determining that the township simply has not adopted any such policy. Board Chairman Mike Ralston asked Clerk Sue Drobac read the lengthy letter into the public record. It seems the letter totally negates the validity of the township policy dealing with employees and suggests the township deny any claims of wrongdoing relating to the Maus complaint.

Following the advice the town board received in its attorney’s letter, Supervisor Carmen DeLuca moved to “find that there was not any disrespect on behalf of the township board.” The motion received unanimous support following the second provided by Supervisor Paul Skubic.

“That piece of paper cost about a thousand bucks,” Chairman Ralston said following the conclusion of the vote.

Latter in the meeting, under public input, Bassing said the he believed that the township attorney is wrong and that the township did indeed approve the Personnel Policy, as reported in the township’s official newspaper back in 2017. ”I don’t believe this is defensible,” Bassing said.

The Minnesota Department of Labor and Industry is still investigating Maus’s other complaint relating to training study time pay. Ralston reported that the township has received notice that its insurance carrier will no longer provide coverage to defend the township against the department of labor and industry investigation. The town board unanimously approved conducting a 6:30 p.m. meeting at the town hall on Monday, November 26 to determine its best course of action.

Greenwood has long offered its citizens low-interest septic project loans and Frandsen Bank in Tower has now informed the township that it can no longer administer those loans on behalf of the township. The 27-year-old program started with a $40,000 grant and the township now has $97,000 but needs to find a way to administer the short, two-year, two-percent loans for residents. The is a township resident ready to borrow money for a septic project Rodgers told the board. She also said that she can handle some of the details of administration, but first the township needs to determine what restrictions govern this fund and the dedicated bridge and trail funds. The board took the loan program under advisement and is expected to address these issues in December

In other action, the Greenwood Town Board of Supervisors:

• Approved the minutes of both the October 9 regular meeting and October 15 special meetings of the town board

• Learned, in a report from Supervisor Byron Beihoffer, that he has not yet been able to find any well drillers interested in drilling a shallow well at the township’s pavilion. It is expected the issue may again be addressed next spring

• Discussed high speed, broadband internet issues in a conversation led by Treasurer Pam Rodgers. According to Rodgers the township was the recipient of a Northeast Services Co Op program which brought broadband fiber to the township doorstep, however she does not believe the township has hooked up yet. She will look into what needs to be done to accomplish the connection and report back to the town board

• Approved paying $6,456.13 in bills claimed due against the township

• Listened to Fire Chief Dave Fazio complete the second reading of the Standard Operating Guidelines and the Paid on Call Guidelines for the Greenwood Fire Department and the town board unanimously voted to adopt the guidelines following this reading

• Learned that Chairman Ralston has now received copies of the township inventory from the Fire Chief and Town Clerk. The township will post the inventory on the cloud and is available for review at the town hall office, Ralston said

• Approved purchasing 400 feet of rubber hose to aid in flooding the ice skating rink and to be used at other times where water is needed a distance from the town hall well

• Approved spending $336 for a metal sign to be placed at the recycling canisters warning the public against unlawful dumping and the consequences which will be meted out against scofflaws

• Authorized Ralston to use the township plow truck to plowing the ice rink when needed

• Approved a new rental agreement for the town hall and pavilion and discussed the need to determine a procedure to determine if renters have left the facilities clean and removed all garbage before reservation deposits are refunded

• Approved paying Ed Borchardt throughout the winter as Safety Director on the township fire department. it was noted that he works on township firefighter safety and training even when he is out of the area during winter months

• Approved removing the township Personnel Policy from the township’s website

• Learned, from Clerk Drobac, that 606 voters cast ballots in the November 6 midterm election

• Learned that Greenwood Township Fire Department responded with six firefighters to the Cook Zup’s Grocery store fire and three of those members were Bois Forte Band members confirming the excellent working relationship between both Greenwood communities

• Gave Clerk Drobac authority to spend up to $3,500 to obtain a new photo copier for the township office

• Established the Greenwood Town Hall as the official polling place for the upcoming March township election

• Accepted the only bid the township received in its call for bids for snowplowing. The bid was from Vermilion Snow Management, the same business which provided services last year, at a charge of $100 per hour of service.

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