Pursuant to due call and notice thereof, the SpecialMeeting of the Crosby City Council was held on Thursday,October 6, 2016 at 8:00AM.

Mayor Joanna Latterypresided withMember Paul Heglund, Member Jim Goshey, Member Dusty Paul, and Member Ron Prushek present.

Also present were City Attorney Tom Pearson,Chief Kim Coughlin, Lieutenant Kevin Randolph,and Clerk-Treasurer Lisa Sova.

MOTION BY MEMBERHEGLUNDAND SECONDED BY MEMBERPRUSHEKTOMOVE TO CLOSED SESSION TO CONSIDER WHETHER DISCIPLINARY ACTION MAY BE WARRANTED AGAINST A CITY EMPLOYEE PURSUANT TO MINNESOTA STATE STATUTE 13D.05 SUBD. 2(B) AND TO CONSIDER INVESTIGATORY MATERIAL RELATED TO POLICE PERSONNEL PURSUANT TO MINNESOTA STATE STATUTE 13D.05 SUBD. 2.A VOICE VOTE: ALL MEMBERS VOTED AYE. MOTION CARRIED.

The Council returned to open session at 8:37 AM.

MOTION BY MEMBER PRUSHEK AND SECONDED BY MEMBER HEGLUND DETERMINING THAT DISCIPLINARY ACTION IS WARRANTEDIN THE MATTER OF OFFICER JESSE SMITH. A VOICE VOTE: ALL MEMBERS VOTED AYE. MOTION CARRIED.

Attorney Pearson addressed the comments made by Teamsters Local 346 attorney Tim Andrew at the October 4, 2016 Special Meeting of the Council, stating that it is important that the record reflect, and people understand, that the City is constrained by Data Practices Statutes and not permitted to respond to those statements. Let the record reflect that silence on those issues does not mean agreement. It simply means the Citycannot respond.

Chief Coughlin read the role of the position of Chief of Police from the City Ordinance:

“The chief shall be responsible for the proper trainingand discipline of the members of the department. The chief shall be responsible for the keeping ofadequate records, and the chief shall report to the council on the needs of the department and its work.” Chief Coughlin stated that when she was made aware of the incident involving Officer Smith, she had an obligation to investigate. To overlook the incident would be negligent. After reviewing all the documentation, Chief Coughlin recommended the termination of Officer Smith.

Member Heglund proposed a motion but retracted while formulating the motion.

MOTION BY MEMBER PRUSHEK AND SECONDED BY MEMBER HEGLUND TO TERMINATE OFFICER JESSE SMITH.

Member Goshey, reading a prepared statement, stated that it has been a difficult decision. All of Member Goshey’s experiences with Officer Smith while he was on duty have been positive. That being said, Member Goshey stated that he realized his experience with Officer Smith are a small fraction of Smith’s duties and obligations as a police officer. Member Goshey agrees that the investigation and report related to the allegations of misconduct by Officer Smith provide proof of wrongdoing and supports termination. Member Paul agreed with Member Goshey’s statement.

A VOICE VOTE: ALL MEMBERS VOTED AYE. MOTION CARRIED.

Clerk-Treasurer Sova addressed the issue of the alleged overbilling by Abrams and Schmidt, LLC which was brought to the attention of the Council by Teamsters Local 346 attorney Tim Andrew at the October 4, 2016 Special Meeting. The invoice is from 2013. Clerk-Treasurer Sova informed the Council that the invoicewill be investigated. If there is an error, which has not yet been determined, it will be corrected. To frame this as somehow representative of the way tax payer’s dollars are managed is absolutely false. Clerk-Treasurer Sova stated that if she made a mistake she will own the error. Clerk-Treasurer Sova assured the Council that this is unquestionably not a representation of the manner in which invoices are processed. Mayor Lattery expressed confidence in the ability, professionalism and dedication of Clerk-Treasurer Sova. All Council Members expressed agreement.

MOTION BY MEMBER GOSHEY AND SECONDED BY MEMBER PRUSHEK TO ADJOURN AT 8:50 AM.A VOICE VOTE: THOSE VOTING AYE: MEMBER PAUL, MEMBER GOSHEY, MEMBER PRUSHEK, AND MEMBER HEGLUND. THOSE VOTING NAY: NONE. MOTION CARRIED.

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Lisa Sova, Clerk Treasurer

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Joanna Lattery, Mayor

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