LYONS CITY COUNCIL MEETING

March 14, 2017

A special meeting of the Mayor and Council of the City of Lyons was called to order by Mayor Andrew Fuston at 5:04 P.M., March 14, 2017, at the Lyons City Hall. Present were Council members Brink, Wheaton, Steinmeyer, and Housh Sr. Also in attendance were City Attorney Smith, City Clerk Ritter and Utility Superintendent Daberkow.

The Mayor publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of such copy posted in the room where the meeting was being held. Advance notice of said regular meeting was given to the Mayor and all members of the Council, and a copy of their receipt of such notice and the agenda is filed in the City Clerk’s office. Availability of the agenda was communicated by posting notices in three public places and in the notice to the Mayor and Council. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

The meeting was called to order upon motion by Steinmeyer, second by Housh Sr. All council members voted yes on roll call.

Council Member Wheaton motioned to approve hiring Will Dyer to replace Gregg Simonsen in the Utility Department, seconded by Brink. All voted yes on roll call. Will Dyer will start employment on March 20, 2017.

Council member Steinmeyer moved to enter into Executive Session, seconded by Wheaton at 5:09 p.m. to discuss personnel for the prevention of needless injury to the reputation of an individual. All voted yes on roll call. The meeting returned to Regular session at 5:55 p.m.

Discussion was held on the Disciplinary Action section as written in the personnel manual. For the purposes of the situation in question, Ron Daberkow was the supervisor and submitted a written report describing the serious infraction by the employee, a case history and a recommendation for suspension without pay to the Mayor and City Council. A copy was also given to the City Clerk to include in the employee’s personnel file. Mayor Fuston was named the Department Head, to review the recommendation with the City Attorney and City Clerk. The process followed the Personnel Manual.

The meeting was adjourned at 7:00 P.M., upon motion by Steinmeyer, seconded by Wheaton. All council members voted yes on roll call.

Andrew Fuston, Mayor

Mary Lou Ritter, CMC

City Clerk

I, the undersigned, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available for examination and copying by members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification of the time and place of said meeting and subjects to be covered at said meeting.

Mary Lou Ritter, CMC

City Clerk

(SEAL)

After the review of the recommendation by the Council, the Department Head, which was Mayor Fuston, consulted with the City Attorney and City Clerk on the recommendation. After this consultation and review, the Mayor made a determination of dismissal unless the employee first terminated on his own. Verbal notice by phone call was given by the Mayor Tuesday evening, March 14, 2017 at approximately 7:30 p.m.

Written notice of the determination was mailed on Wednesday, March 15, 2017, to the affected employee and a copy given to the City Clerk for inclusion in the employee’s personnel file. Beginning March 15, 2017, the employee has seven (7) calendar days to file a written appeal of the disciplinary action with the City Clerk. If an appeal is received, a Grievance Committee will conduct an investigation and/or hearing to settle the appeal within ten (10) calendar days after filing or 10 calendar days after end of the hearing.

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