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HomeMy WebLinkAbout04-17-2009 Special Meeting~A MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA SPECIAL MEETING-APRIL 17, 2009 Mayor Galligan called the meeting to order at 10:12 a.m. and on call of the roll those members present were: Councilperson Wilson and City Engineer Miller. Also present were: City Attorney Darren Wilder, Council Attorney Larry Wilder, Personnel Director Calabro, Safety Director Mongarella, Fire Chief Harrod, Assistant Fire Chief Lee, Firefighter and Union President Hedrick, Administrative Assistant Boone and Deputy Clerk Mayfield. Attorney Larry Wilder asked Board of Public Works members Galligan, Wilson and Miller if they understood the reason for the meeting this day. They responded that they did. Attorney Wilder then swore Mr. Kevin Thomas Frantz under oath that he is a probationary firefighter • for the City of Jeffersonville. Mr. Frantz swore that he received notice of today's proceedings and that prior to today he received notice of this recommendation. Mr. Frantz swore that he is in possession of the affidavit containing the recommendation of termination. Mr. Frantz swore that he had opportunity to consult with an attorney and the Union prior to today. Mr. Frantz swore that he is aware that he as a probationary firefighter is not entitled to the due process rights as is a tenured firefighter. Mr. Frantz swore that prior to today's public meeting there was a Board of Public Works executive session. At Attorney Larry Wilder's request Mr. Frantz swore that he had a privileged opportunity to address the Board of Public Works and that that was not a right he had as a probationary firefighter. Attorney Larry Wilder asked Mr. Frantz if he agrees with the recommendation of the Jeffersonville Fire Chief and Mr. Frantz responded no. For the record Deputy Clerk Mayfield acknowledged the swearing of Fire Chief Harrod. For the record Fire Chief Harrod stated his name and address and title. Chief Harrod swore that prior to today he had an opportunity to review Indiana Code 3684-12 as the Chief of the Fire Department. Attorney Larry Wilder stated that we are here today as a result of the recommendation that Chief Harrod has made regarding Firefighter Frantz and Fire Chief Harrod responded yes. Chief Harrod swore that Firefighter Frantz is a probationary firefighter defined by Indiana law. Chief Harrod swore that he has had the opportunity to observe Firefighter Frantz perform his duties to the City. Chief Harrod was asked if he has an opinion as to whether Firefighter Frantz should be permanently appointed to the Jeffersonville Fire Department and he responded yes that he has an opinion. Chief Harrod when asked if Firefighter Frantz has performed his duties in a satisfactory manner while serving as a probationary firefighter responded no. Chief Harrod when asked if • Firefighter Frantz has conducted himself in a satisfactory manner while serving as a probationary firefighter responded no. Chief Harrod was asked if Firefighter Frantz has the f , • necessary capacity to become a permanent firefighter for the City of Jeffersonville and he responded no. Attorney Wilder asked Chief Harrod if he recommends the termination of Firefighter Frantz and he responded yes. Mayor Galligan made the motion to accept Fire Chief Harrods' recommendation of termination, seconded by Engineer Miller and carried unanimously. Attorney Wilder stated that prior to this meeting Jacob Kroger appeared and offered his resignation as a probationary firefighter. Councilperson Wilson made the motion to accept the voluntary resignation of Jacob Kroger, seconded by Engineer Miller and carried unanimously. Attorney Darren Wilder stated that he will prepare the instrument in writing to Mr. Frantz in regard to Mr. Frantz termination. There being no further discussion to come before the Board, Engineer Miller made the motion to adjourn the meeting at 10:19 am, seconded by Councilperson Wilson and carried unanimously. ST: 1 U CLER EASURER