Pioneer Press: 01/18/2008 01:26:39 AM: Elizabeth Mohr: :Maplewood / Fired city manager`s contract at issue
The Maplewood City Council meeting Thursday night was a quiet contrast to Monday's fractious meeting but with a surprise ending that potentially complicates the departure of former City Manager Greg Copeland.
As expected, the council approved the appointment of Public Works Director Chuck Ahl to the acting city manager position. Copeland was suspended at Monday's meeting, and council members voted Thursday to formally terminate him.
...
New Council Member John Nephew said he had come across a copy of an employment contract for Copeland. The document prompted several questions, Nephew said.
First, the document is dated Nov. 13, 2006 - a day before Copeland was actually hired.
Second, it includes a no-disparagement clause, promising Copeland a payment if, when terminated, the council makes disparaging remarks about him or his job performance.
The last issue is of signatures. The only people who signed the document were Copeland and Mayor Diana Longrie. By contrast, the contract for the city manager before Copeland - the one he was hired to replace - contained seven signatures: the mayor, the city clerk, the city manager and four others.
...
City Attorney H. Alan Kantrud said after the meeting he wasn't sure of the rules guiding employee contracts and hadn't been provided a copy of Copeland's.
He said he was at the meeting in which Copeland was hired and didn't recall any terms other than salary being discussed.
"The suggestion here tonight was that some crime took place," he said after the meeting. Kantrud would not elaborate.
He agreed to find outside counsel to look into the matter for the city. That person will be asked to determine the validity of the contract and examine the circumstances under which it was signed.
...
At Thursday's meeting, the council agreed to formally notify Copeland that they intend to permanently remove him. On Monday, it was agreed he would be removed with pay, but council members may reconsider that.
As to the validity of the purported contract, Minnesota Statute 412 (Statutory Cities) provides:
412.201 EXECUTION OF INSTRUMENTS.
Every contract, conveyance, license, or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council. [emphasis added]
More after a review of last night's DVD.
Stephan
[Update 1: 1/18 10:30 AM]
Ms. Mohr's article states "...[City Attorney Kantrud] agreed to find outside counsel to look into the matter for the city. That person will be asked to determine the validity of the contract and examine the circumstances under which it was signed." While the requested outside counsel may wind up filling a role in this regard, the primary purpose of the requested counsel is to advise the city council on public employment law and procedure with respect to the process of replacing Copeland.
However, there was a unanimous (4/0, Longrie not present) vote of the council last night which I understood to immediately refer the matter of the circumstances surrounding the Copeland contract to Police Chief Thomalla for further referral to an outside law enforcement agency. Here is audio of the discussion and motion (750kb mp3).
[Update 2: 1/18 125 PM]
By email, Chief Thomalla confirms the referral:
We will be referring this matter, at the request of the City Council, to
another law enforcement agency to look at the information at hand and determine if this is a criminal matter warranting further investigation. If an investigation is determined to be warranted, it will be done by another agency other than the Maplewood Police Department.
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