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04-06-1987 CCMMINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL MONDAY, APRIL 6, 1987 Mayor Ackland called the special meeting to order at 7:00 A.M. Present were: Alderman Mike Carls, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Paul L. Ackland. Absent: Alderman John M1 inar. Also present: Police Civil Service Commission members Dr. W. G. Miskoff, Dr. Robert Prochnow, and Jeff Haag; City Attorney G. Barry Anderson, City Administrator Gary D. Plotz, and Acting Chief Richard Waage. Mayor Ackland recommened the City Council withdraw the City's Resolution No. 8474 from consideration by the Minnesota State Legislature. Specifically, this resolution requesting special legislation to have the position of Hutchinson police chief be exempt from Police Civil Service. Alderman Carls made a motion, seconded by Alderman Torgerson, to withdraw Reso- lution No. 8474. Discussion followed that it may be untimely because a cooling off period from the last six to eight months of activity between the Council, Commission and police department is needed. Motion unanimously carried. The Mayor presented the legal opinion by City Attorney Barry Anderson dated April 5, 1987 stating the City Council, as provided by the City Charter, has the authority to appoint an acting chief of police. Acting Chief Richard Waage read a statement offering to step down as acting chief in the interest of opening up the temporary position (acting chief) to competitive examination and calming the waters. Richard Waage would remain as acting chief until the City Council acted on three names submitted by the Police Commission for the temporary position lasting six to eight months. Attorney Barry Anderson stated he felt if the selection process took more than 30 days for a temporary chief, it would not violate the "spirit" or "intent" of the civil service rules drawn from state statute. A motion was made by Alderman Torgerson, and seconded by Alderman Carls, that the City Council and Police Commission proceed to fill the position of permanent police chief no later than December 31, 1987 and that the Commission recommend three names for the temporary appointment of acting chief. Discussion on the criteria for selection of the temporary chief followed. Attorney Anderson ad- vised that it should be by competitive examination, however, the details of the process are up to the Civil Service Commission. The above motion was called and unanimously approved. A motion was made and approved to adjourn at 7:30 A.M.