12-23-1986 CCM (2)NOTICE OF SPECIAL MEETING
OF HUTCHINSON CITY COUNCIL
Notice is hereby given that the City Council of the City of
Hutchinson will meet in the Council Chambers of City Hall at
5:30 P.M. on
Tuesday, December 23, 1986
for a special meeting.
The City Council will discuss matters involving Police Chief
O'Borsky.
BY ORDER OF THE CITY COUNCIL
Kenneth B. Merrill
Asst. City Clerk
DATED: December 18, 1986
MINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, DECEMBER 23, 1986
Mayor Ackland called the special meeting to order at 5:30 P.M. Present were:
Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman
Pat Mikulecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary
D. Plotz and Attorney Dayle Nolan.
Mayor Ackland read a prepared statement regarding the inquiry into the leader-
ship and administrative policies within the Hutchinson Police Department. He
then inquired if the Council members felt any charges should be brought against
the Police Chief based upon the documents presented to the City Council by legal
counsel. Mayor Ackland stated that the State Statute grants the Police Civil
Service Commission the power to hold a hearing on the case and decide what, if
any, disciplinary action would be warranted.
Attorney Nolan explained the procedure for issuing a notice of charge(s). First
the City Council must determine what allegations are to be referred to the
Police Commission. Also, if there is a bias or conflict of interest, the Coun-
cil could request the Commission to disqualify itself to hear the charges.
Following lengthy discussion, the motion was made by Alderman Mlinar to pursue
the optional method of working with the Police Department to check into the man-
agement and make the necessary corrective actions and directives to rectify the
situation. Motion died for lack of a second.
The motion was made by Alderman Carls to proceed and submit charges to the
Police Civil Service Commission. Motion seconded by Alderman Torgerson and car-
ried four to zero, with Alderman Mlinar abstaining from voting.
Attorney Nolan stated there was potential conflict of interest for two commis-
sion members. One of the members is the father of the Police Chief's attorney,
and the other member is his chiropractor. Therefore, it would be difficult for
them to make an impartial determination. It was her recommendation that the
Police Commission make a decision to disqualify themselves.
The motion was made by Alderman Mikulecky to instruct legal counsel to draft a
letter to the Police Civil Service Commission stating that the City Council sees
a potential conflict of interest and potential bias and to request them to look
at considering an arbitrator or retired judge to hear the case and to have an
answer on or before January 6, 1987. Motion seconded by Alderman Torgeson and
unanimously carried.
Discussion was given to which charges should be submitted to the Police Commis-
sion and which allegations should be dropped. The motion was made by Alderman
Torgerson to delete allegations numbers 9, 10, 12, 13 and 15 from the charges.
Motion seconded by Alderman Mikulecky and unanimously carried.
The motion was made by Alderman Carls to delete allegation number one. Motion
seconded by Alderman Torgerson and failed four to one, with Alderman Carls vot-
ing aye.
CITY COUNCIL MEETING - DECEMBER 23, 1986
The motion was made by Alderman Mikulecky to direct the legal counsel to pro-
ceed on the fol lowing al1egations: numbers 1, 2, 3, 4, 5, 6, 7, 8, 11, 14, and
16. Motion seconded by Alderman Torgerson and unanimously carried.
The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to ad-
journ the meeting at 6:45 P.M. Motion unanimously carried.
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