HomeMy WebLinkAboutCity Council Minutes 03-11-1968M
MII=0 OF VILLAGE COUNCIL MUTING
PLTIOUTH, !!I1`OIE" U
March 11! 1968
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A regular meeting of the Village Council was called to order by Mayor
Al 8ilde, Jr. at MC p.m.
She Invocation we& given by Reversed Jerry Wilcox of St. 'Edward's
Episcopal Church,
Presents Mayor Ulde, Councilser O'Fallon Hum"hrey, Hagen and punt,
the Village Administrator and Attorne,r.
Absent: The Village Ugineer.
MOTION by Councilman Runt, second by Come -Ilan O'Falloo, to approve the
minutes of the special Council meeting of ?ebruary 28, 11ri60s Motion
passed by a five aye vote.
MOTION b-• Councilman O'Fallans second by Councilman Wet', to approve
the oie.':::es of the regular Council meeting of Match 4, 1968. &'Rion
passed by a five eye vote.
MISCELLANEOWS
Mayor Hilda stated that in regard to the charges to the proposed Plymouth RRs 1968 MMOq'x
1968 Engineerini Advisory Committee, he wished to revise these to read EMINMING
that the commItt3e shall give a preliminary orRaniaational type report to AtNTISORY
the Mayor on or befora March 23. 1968. It is requested that the oommittesCOlN.TM2Yq
submit to the ?lay= and Council a partial report cnvering areas, one, two
and three, which would include recommendations concerning a public works
sup*zIntendent, on or before May 13, 1968. Councilman Hagen stated that
he hoped that if this information could not all be gathered before the
date listed, it can be deferred because` of the complex information which
suet be obtained. Mayor Hilda stated the committee could inform the
Council if they run into some difficulties and request the deadline be
lengthened. Councilman Hunt requested that Larry Teberg be appcinted
as an ex officio member of the coemi,ttee and it was unanimously decided
to include Larry Teberg as an ex off$cto member of tact 1968 Rngineerinp
Advisory Committee. The following appointasrkits were suggested:
Councilmou Hunt submitted the names of Ge4rald Niles. 3890 Orleans Lane.
and Thomas Reaper, 10620 - 40th Avenue North. Cuuncilosn PaAen eubsitted
the names of Raysond :+. Fouse, 18110 - 3N Avenue North, and William Naber,
3000 Urbandale Lane. Mayor Hilde submitted the nems of marc J. Dahlquist,
14603 County Road 6, alai Richard He Lunde, 203 Trenton Lane, Councilman
Humphrey subsittod tha names of Jerome Sheldon Tart. 1803 Shadyview Circle,
and Us C. Wahl. 913 Kingeviev Lane. Councilman O'Fallon submitted the
name of Ronald Prokkar, 1405 Unaibar Lane, and John Spaeth, 15 Balsam
Lane. Councilman Humphrey stated that in regard to the charges that
are to be giwn to the committee, he would like to request to
CouncilMinutesMiu Naroix 11 1 2968
Ml SCcont' d.
pk--stpone this to allow the Council as Opportunity to study the charges
for more suggestions cad possibly further changes. Council%= runt sW
gestad that possibly Mayor Hilda and Councilman Humphrey cad Began could
fora a committee to study ft2rther charges. Mayor Hilda stated that they
could meet cot 7200 p.m,, Monday, hatch 18th. Councilman Rages atated he
would like to comment on the es officio members at the meeting nest Nona
day ni&t•
MOTION IV Councilman Hagen, second by Councilman O'Fallon, to appoint to
the Plymouth 1968 Engineetind Advisory Ccmewittaa the ten man as suggested
by the Crunch saembers. Notion passed by a live aye vote.
Mayor Hilde stated he wished to appoint Gerald Niles as Chairman of the
Plymouth 1 8 Engineering Advi:aor Committee, Ym 96 Y
Mayor Hilde stated that in viva of several events which have happenod
since the discussion concerning sanitary sewer outlet for Plymouth Village
was laced on the agenda Cher facto epageandofactors, h would like to submit that
this item be postponed.
Mayor Hilde introduced Fire Chief Francis Sauer, who related the capabili-
ties of the newly purchased fire truck and the fact that four Plymouth
Firemen had attended training in the lull phase of the operation of this
truck and the art of fighting fires with it. Mayor Hilda presented Cer-
tificates of C;ualifications to Plymouth Firemen Jack J. Schwendertn,
Joseph W. Leach, Andres Lee, and Loren A. Schiebe.
REPORTS OF OFFICERS, BOARDS .t CONMITTM
kaor Hilde made the following statements in regard to the report of the
1968 Plymouth Police Service Committee:
The Attorney General of the United States, appearing on television
early this yeas•, referred to 1968 as 'the year of the policeman'. Hie
concern is shared by municipalities everywhere, as problems of in-
oretwi crime and underutaffednd polios departments continua to grow.
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Shortly after the recent Village elections, it became apparent to
me that the Village Council was dissatisfied with the operations
of our Police Department. Investigation revealed that this dis-
satisfaction dated bark several years. Upon taking office ton
weeks ago, I began to delve into the situation, and s,Yortly became
convinced that the problems, whatever they might inclute, should
i be thoroughly assessed and finally rootified.
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Council Minutes - Xrarch 11, 1968 .. 3
oont'd,
At a meeting; on February lo, of the old Plymouth Advisory CoWttae
ca Public Safety, the problem was discumsed in pneral terms. Members
of tiss, comeAttes were in nnan;imgw agrsdment in the following tbree
areas:
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1. The C.osmitteo had fulftI14 its orioginal purya•e insofar
as 'the previow ' 1ayo."" ami Council had requested.
2. They would be -4111ing U verom the Village by studyikg
the Police Depsrtmont problems* coaditional upon re-
cs-#&ving sufficient information with which to do a thorou,*
3. Further, they were willing to met siren, and work at their
assignment with dispatch and thoroughness,
It further determined that this committee had not in their report
in-rolved themselves with the Malifications of Police Department
pf.rsonnel, and that they, as a group, had an open and fair mind in
1 roprd to these personnel. The report which they had givsn to the
laver Mayor last sumer was then made public for the first time.
With this background, I formed a now advisory :ommittee composed of
floveral members of the old safety committee, 414 in addition there-
act former 1lalror Howard Andereon and John Spay h, who was a aandi-
date for mayor in the last election, The nam:, given this committee
was Plymouth 1968 A)kice Service Advisory Commnittea. This committee
was subsequently ratified and given unanimous Council approval.
Theis responsibilities have been to advice the wayor and Council in
the following areas:
1. Strengths and weaknesses of the present Police Department.
2. Corrective steps to solve the problems.
3• Alternate or other sources of police opo , protectionanon for our
Villag* which might be utilised in the: eve t of necessiity.
It was broadly announced tbAt their general meetings would he open
to the public and hold at rdUer the Village Hail or fire station.
An extensive preliminary report was submitted to the Council at a
regular Council meeting hale ftbruary 190 1968. The committee's
final report has leen prepatled and will be received tris evening
in accordance wM the deadline previously set.
We all owe a debt of gratitude to the hard working mewbore of this
committaa. They undertook a job wtiah involved very long hours,
hard work, frw4lht with pressure and critic:.am. They organised
themselves well, and with greet sincerity and devotion to the
i Yillage,4oo m 1 s ted what in marry respects had to be #very die
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Council Minutes - Karoh 211 1968 - Page 4
AXPMTS OF 2FFICER3. BOARDS A COIHtt, corse' do
tasteful job. Nq hat is off to these fol~Ks,r and I hope youro will
be also."
liner Hilda further stated that at this time he would like for ask William
Clifford! Chairman of the Plymouth 168 Poliea Service Advisory Committee
to present their report. Mr. Clifford took the floor and procsWod to
read the report as follows
This committee g charged by the Nayor on Prbruary 12, 1958, has swot in
public and axsett ve, sessions approximately 55 hours, All swabers
of the committee have spent sant additional hours in gathering Nets
and study in an effortrt to answer the three sharps made to use
Th*,.ie were
Their responsibility will be to advise the mayor
and council in the following areas:
1. Stiengths and weaknesses of the present
police department.
2. Corrective steps to solve the problem
3. Alternate, or other sources of ,police
protection for our Village which alight
be utilized in the evulat of necessity."
Although this committee was divided into tk%ee sub -committees to ex-
padite our study, this report is a report o!: the whole as outlined
by tha charges.
We belie.,e the third charge must be answered first in an effort to
olar.-L-y the direction of our study.
This committee unanimously recommends that Plymouth Village
not anter into contractual agreement with any other political
subdivision for police protection.
Jur recommendation is not based on costs, quality of service
or number of men to be parovided. We believe Plymouth Village
can and must provide Z.teel,fwith the test possible law enforce-
ment. This can best be done through a local police force cow
operating, not contracting with other political subdivisions.
The committee would like to aubli4ly thank Sher . °°I' .rood* for
his excellent cooperation and concern. ";t no iiwo did Sheriff
Omodt attempt to influence the recommendations of this committee
in the mater of contractual services or v.V other area.
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Council Minutes - Much 11, 1968 • Page 5
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Charges 1 and 2 are bee: answered Ungutl.er. In the interests of
clarity, we will separate our report into two areas for discussion
cf strengths, woo mases and recommendation*
I. deaf+ral Police and Adminiritrative Practices
1. Public so -o eptancet good relaticuships with ike businars commun-
ity involwaentes involvement with youth Und school groups„
willingness to proceed with their jobs under adverse corditaons,
excellent occupational bonds with other polio* and exposure to
training were found among the strengths of cur police departnat.
2. There is a split of responsibility acid power in matters relating
to the Village lams, ordinancus and codes. This is the result of
two separate ordinances giving the saws change to the Clerk-
hdminiatarator and the Chief` of Police of Plymouth Village. We
refer specifically to Section 1.02 (d) of tte Duties of the
Clerk Administrator and to Sacticu 7*02 of the Duties of the
Chief of Police. This ambiguous delegation of authority has
been a cause of friction and confusion and will continue to be
such until the CouAcil aota to resolve it.
3. There is no consistent basic personnel poling for all of the
employees of the Village of Plymouth. Appointments, promottons,
resignations, discipline, domotion, dismissal grounds and prom
cedures are not clearly dratined uniformly for a.1.1 employeeo.
The result has been eonfAsior with regard to what is acceptable
W what is not. Ill feelings have been generated when proced-
ures vary wi+.h persons,lities, and morale is jeopardised by aak
f uniform policies dealing with all employees in all departments,
the police de,partment included.
d. Ine dequate salaries vA fringe benefits have affected morale of
the Plymouth Police Depu tment.
The physical farcilitias icor the police department are totally ,nw.
adequate and inexcuseable in several ways:
a. The space is far too small for police activities, such as
booking, interrogation, office work, etc,
b. The proximity of palace facilities to village administrative
ofrices creates a disturbance arai has resulted in fraterni-
sation which dowacts from the duties at hand,
d. All police functions are curreAtly taking place in a room
appy osimat,:ly 10 feat by 14 feet in vise.
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Council %sautes » March 111 1968 - Pale 6
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d. The closeness sof police facilities to Mainistrative offices
deices tach the privacy which is adwntageous and necessaryo.
izving reached these donelusionst we reconsond ss init'aal .taps in
imprcv ing thf, administration of the police depu sanest:
1. Tete Village Council amend the existing ordinances 10 clearly
dielineate the chain of commwA and duties of all pe rionnel ix
the Village emp1 sqo Ni'ch respect to the ,*?' *ce Dojiartments
it should cle iy state the Chief o:T ftlice is rotpo tsibl. to
i.he Villag:, Clerk -Administrator whc, in turn is rss;,)onaible ti)
the Counoi.l. It should absolutely lAsit thoe aatho ityy of the
Chi of Police to the rdainistratioz of they Polico Department.
2. The vallag^e Council We an ordinance eetbhliat ung a basic
personnel policy for the Village of Pl.ym utl:. "his ordinance
should include procedures for:
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a. Appointment (per ren% and temporary)
be Promotion from wit4i n the service
c. Fosition classification
d. Resignations
e. Lay-offs
f. Discipline
g. Demotions
he Dismis jals
i. Periodic job evalua'.aon
We suggest Chapter 17 (Publ..c Employees and Per .onnel) of
the ordinance of the City of lbrooklyr. Center, M nnesotal
be used as a guide which -,.an be adapted to Plym.luth form
of goverment.
3• All Village personnel racorde should be maintain% d r:n a corsfi—
daatial muiner by she Plork-Administrator
Rules anti orocedurus for o oii6tion of the Polis'm Iapartmont and
conduct of iu Chief and officers must be epe c;.fically designed
by the Council to regulate thtit conduct and twhavior to be
consistent with thftt Ouch the Council doeires withou't in 11 1g-
ing upon the civoi,l liberties of these men as individuals.
Members of the Police Department should be informed of 'these
rules and procedares in leriting, and the vioiat,kon of such
abould result in immediate remedial ac cion.
cont Ido
d. The closeness sof police facilities to Mainistrative offices
deices tach the privacy which is adwntageous and necessaryo.
izving reached these donelusionst we reconsond ss init'aal .taps in
imprcv ing thf, administration of the police depu sanest:
1. Tete Village Council amend the existing ordinances 10 clearly
dielineate the chain of commwA and duties of all pe rionnel ix
the Village emp1 sqo Ni'ch respect to the ,*?' *ce Dojiartments
it should cle iy state the Chief o:T ftlice is rotpo tsibl. to
i.he Villag:, Clerk -Administrator whc, in turn is rss;,)onaible ti)
the Counoi.l. It should absolutely lAsit thoe aatho ityy of the
Chi of Police to the rdainistratioz of they Polico Department.
2. The vallag^e Council We an ordinance eetbhliat ung a basic
personnel policy for the Village of Pl.ym utl:. "his ordinance
should include procedures for:
I
a. Appointment (per ren% and temporary)
be Promotion from wit4i n the service
c. Fosition classification
d. Resignations
e. Lay-offs
f. Discipline
g. Demotions
he Dismis jals
i. Periodic job evalua'.aon
We suggest Chapter 17 (Publ..c Employees and Per .onnel) of
the ordinance of the City of lbrooklyr. Center, M nnesotal
be used as a guide which -,.an be adapted to Plym.luth form
of goverment.
3• All Village personnel racorde should be maintain% d r:n a corsfi—
daatial muiner by she Plork-Administrator
Rules anti orocedurus for o oii6tion of the Polis'm Iapartmont and
conduct of iu Chief and officers must be epe c;.fically designed
by the Council to regulate thtit conduct and twhavior to be
consistent with thftt Ouch the Council doeires withou't in 11 1g-
ing upon the civoi,l liberties of these men as individuals.
Members of the Police Department should be informed of 'these
rules and procedares in leriting, and the vioiat,kon of such
abould result in immediate remedial ac cion.
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Council kinutes March 11, 190 - Page 7
F ffV.. BOA= A M:KITTMSO alont'd.
5. The plans for the new. Village Hall eget include vastly i.s-
proved police facilM es, as office, detention cr interro-
gation rooms and lookoo room. Until the new Villaga Hall
io constructed, the Police Department should be moved to
adequate facilities at another locatibn.
b. No recommend incr.seed use of direction aAd facilities of
thn Hennepin County Crime Lab, specifically in all felony
csees.
7• Any equipment not authorised by thr: Village Council, swjh as
listening devil:es will not be u jed.
8. We recommend the creation of a ;`'iv+1 mah Police Advisory
Committee appointed by the Couni:il
Us Personnel and Pe rsoimel Practices
The Police Department, as a unit, is t; ba commmeiuled upon a sob well
done with limited rfinaicing. The dept ; ane t of equipment and person-
nel has been such that citizens of Plpmut:i can be proud of the pro-
tection received for the dollar HpAnt..
As previously otated, pqblic relations between the Plymouth Police De-
partment and the citizenry, businesawn, tublic institutions and schools
has been good. However, public relstione with the Police Dejartment of
some other communities, with county polices personnel, with some Council
members and the Clerk4dmnnietrator of Plymouth Village has been poor.
The latter discord has bscn aggravated by our growth from a ruurr\l town-
ship to a more urban vil?a,ge. Such gr;wth demandsn strong leadership
and regulatory rules.
1. The committee unanimously believes the continued presence of
Bruce Johnson as an officer of the Plymouth Police i)epartment
is a disruptive influence,
2. The committee ackncwledgee Chief Lien's aeaicus devotion to
duty, had value as a community leader, his genuine concern
for and work with our community's youth. We are nQverthelees
compelled to acknowledge the existence of real and serious
discord within Village departmcinte.
This discord centers around and originates principally from
the Police Department of which Chief Lien is the appointed
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Co'ancil hinutes - March 11, 1965 - Page 8
REJ'OR!PS ." OFFICERS BOAKIIS & Ci hITTE , cont' d e
head. Itis attitude and conduct precludes compromise or
gainful axchange with the Council or Council's relaresentatives.
Flo respectfully advise the Council of the follovii4l courses
of :action.
l. Claude Livi can be retained, status quo.
The committee unanimously recommends against
this courea of action.
Be Claude Lion can be totally discharged. Should
such be thi3 course, Plymouta niq very well ex-
perience a period ol'discaxd and difficulty in
quickly building a Pk)lice Department to recommended
strength.
C. It is the ,:ommitteels uuanamous recommendation
that Claude Lien be removed as Chief of Police.
Due to his many years of faith%l service, we
recommend the Council strongly consider reassign-
mont as an employee of Plymouth Village.
The committee recommend* the immediate hirin of an eriz.cad8ex3p
Chief of Police*
d. Experienced man must be hired irmnediately to the budgeted .
figure of 9,t men. We recommend a budget to a strength of 1 i
men in 1969.
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5. Salaries and fringe benefits munt be raised to a level not ,nes
than those offered by communities to the east ;md south of
Golden Valley, New Hops, Hopkins and the County Sheriff's
Department.
6. All testing for wivanoement within the Police Department shculd
be handled by ask outside a .,ancy.
7. Police Departmeat personnel must not be usod to investigate or
check job applican.ka or other employees.
8. We recommend study of the advivabil1ty of a Police Reserve Unit.
Ti%e Plymouth Police Department problem has many origins. In the pro)ess
of normal growth, Plymouth Village has encoun'Jered urian problems which
have demanded changes in ordinancea, procedw ea, personnel policies ind
personnel asnignmeats. TLe innate inertia rf Village Government wit. -i
its constant influx and exit of electai Xtra appointed offmiale has made
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Council Minutes - Murch 11, 1968 - Page 9
REPt?Rt3 OF OMOERS, ROAM do CO&ITTEES, contod.
it difficult to fix responsibility and thus prevented or delayed the
implementation of mann of these essential changes.
Zvery citizen bears responsibility for they existing situation. Our
interest in the maintenance of an adequate police forge has been.
overshadowed by orb primary concern for keeping the tax mill rats
down. We all bear the responsibility for this pre occupation and
no action by any Council or committee can absolve us of the blame
for our failure to meet the needs of our cofwunity.
The recoma entcations of this committee are made with fall knowled,gt of
tha coats iavolved and their affect on local takes. We believe tho cost
is neceesa%,y and must be met.
1.,. eonclvsion, this committee feels it has done its utmost to fulfill
May -:r Hi.l.de's c.,arpa to it in his letter of February 12th. We have
at compl itched, our, task wit Lout malice and with a sincere feeling of ob-
ligation to do what is ir. the best interest of Plyme th "illage. Th l%it
Usk was mane more difficult by the per-Nonal friendships of many of
the committee members and the individuiv.0 involved. We have tried
sincerel,-,; U protect -the personal Interests and t„f'fairs of Village
emplo;*ees. Realizing t4l; our co %Jus.ions are not infallible and thaw
our recommei-dations E%:re is no way And,inF; to any Council member, we
appeal to tl,e Council ane' to the :,:ttizans of P13nioutti Village to give
this report careful d,sli]A;, -aidcn. The issue at utake, is the future,
arderly grawth of this Village anit this task ?-equirea the initef ef•
forts of the citizenry .,ir,d: pvernmert offici Ale.
It. is our hope that thus causb wi l'
i,:, making of subsequent decisions."
uuperFede all Cather considerations
Nayor Hilde thankod %hairmin Clifford and other members of the committee
and state, that bec tuEe c, tLe .larNt n.imber of persona in o,t tendi;rsev, and
in fairnets to all, each perw(,n n.t:1 li.ni' +lam*telt to one, tll) m.,nuts talk.
The following appeartad:
W: 1.1 ism Merlin, 1120 Oakxt. ow Lane - Stated: He prouent ed petitions
to the Cowlicil gathered by the citizens of the V. llmhe o:` Plymouth
and, said hr: understood 4'luxt there aro more than '100 Eiignatureu on
they petitions which eta-.vd: that they believe that a local police
department., suti lett to 'focal control, is bast for Plymou -.tk - More
efficient, too. Please don't reward Chiof Lien's loyal service by
dumping him. Keep politics out of the Fsliee Department. kr. herlin
further stated that testimony against Chief Lion was taken in privaxe.
In addition, members of the committee have called Chief lion in
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Council hinutee - 1Karch :1, 1968 - Page 10
REPORTS OF OFFICERS. BOARDS &COMMITTFLS, cont'de
private, and asked him to demote himself. It is time that we
stopped the autocracy in Plymouth.
Steinar Berg, 411 North Saratoga Lane - Stated: 14y only point in
coming here tonight was to see the report. The charges that
have been made are not so much against the Chief of Police and
the second in command, as the report stated the inadequacy of
the Police Department, the facilities and Village Administration.
Why should the Chief of Police and the second in command be r9-
sponsible for all these particular problems? It is interesting
to me how; you can pat a man on the back and in the second breath,
degrade him A integrity. It could be the odds he is working
against, it could be the fault of the Council and A."-Anistration.
Bill Clifford, Chairman of the Conn ttee, stated: We have some ex-
cellent me& on our Police Department, however, we do have some
problems in several areas and we tried to outline these problems.
Mrs. Mary h,erlin,;1120 Oakview Lane - Stated: I would lika to present
a portion of the resolution that was Gassed by the L.F.L. Ward 23
Caucus:
Whersas,,it appears that three of the Village Councilmen have
attempted to disrupt the Police Department functiore and auto-
cratically interfere with proper police administration by
Chief Claude Lien, and therefore, to discharge him; and
Whereas, the factR are that Chief Lien has directed the Police
Department with a remarkable concern for the constitutional
rights of all; and
We support Police Chief Claude Lien ia his efforts to give the
people of Plymouth the most effective police protection possible.
Ile congratulate Chief Lien for his conce•.,n It r the fair treat-
ment of minority groups and for the constitutional rights of a11.
We favor our local Police Department and oppose any attempts to
take or give away our local control.
We ask the Plymouth Village Council to join ui in giving support
to our police and wo- ask the Council 'to cease and desist froon
its harassment and undermining of the Police Department. We ask
that the department be adequately staffed, equippedo and paid)
and that authority for direction bo restored to the Chief - ai
is required by our form of Village government.
We support our new kayor in his endeavors to end secret meeting*#
broken promises, and surreptitious negotiations by the Counczil.
We ask for an end to autocratic and dictatorial rule by the Coun-
oil and a return to democratic government.
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Council Meeting - Larch 11, 1968 - Page 3.1
REPORTS OF OFFICERS. BOARDS do C0NkITTERS, dont d.
Thomas J. Keefe, 2635 Weat Medicine Lake Drive - Stented: It has been
my privilege to serve the Village for a number of years, first as
town board member, councilman and then Mayor. I happened to have
the privilege to be a part of the start of our Police Departcrant
having been one of the men that selected Claude Laren as a Proliee
Officer. I wish to convey to the Council and other people, in
recolleotion, there never was an order from the Council chat Claude
Lien did not enforce. I believe that the difficulty that we are
facing tonight is not with our Chief of Police, but with our ordi-
nances. I believe that if the Council would study this ordinance
and take the eonfl ets out of it, Claude Lien wouli be able to servo.
Philip R. Collins, 305 Vinewood Lane North - Stated: I came here tonight
to see the report. I .decided 1 would speak brscatme there are sst.vr-
a] things I would like !o mention to the Council. There are several
signatures on the petition and mine is one of them. I wanted to gee
a local police force and local authority. I am not particularly in-
terested in maintaining the status quo :.s present. I think the
Council should weigh the report very carefully. Ragardlees of which
way you move, what you are doing ton-.ght is maintaining local control.
ohn Hagen, S15 -C Harbor Lane - Bitted: I would like to maintain local
police and local authority. I feel that the committee served as an
important function. If the personnel concerned so desire to make
points of the report public, they are the ones to do so.
Ruth Oordienko, 1901 Oakvlew Lane - Statid: I believe that the Police
problem is caused by the action of the 1967 and 1968 Coancils be-
cause they did not bring the Police Department up to standards and
because of the conflicts in the ordinancas. I believe very strongly
that this Council should withhold any action until the Chief of
Police has a proper hraring which he was donied. I hope that you
will cease and desie6 from destroying a man without due process of
law.
Mrs. 4ordienko requested that she be allowed to speak for hr. O. E.
Loegering, spokesman for merchants in the Plymouth Shopping Center.
The Mayor rear the followings All -he merchants of the Plymouth
Village Shopping Center go on record asking that \\he Police Depart-
ment remain as is with Chief Lien as Department Neem. We do recum-
mend that the Department be properly staffed.
Loren A. Sehiabe - Stated: I am one of the merchants in '%e shopping
center and I do not go along with what Mrs. Qordienko kiays. We go
along with a local po'ioe department, but we do not back Claude
Lion pereonully.
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Council Minutes - March 11, 1968 - Page 12
RSPD iT OF OFFICERS. BOARDS & CONQtITTEgS, cont' d.
award Petachl, 128114 16th Avenue North - Stated: What ins wrong
with Claude Lieng doesn't he deserve a chance? Why are you men
so quick to run the Police Department down? I think he has done
a good job and deserves another chance.
wTTomLanenberg344Ridgevisw - Stated.A I spent 10 years on the Waf-
tsataPoliceDepartsentandthere were a number of times when I
had to ask for assistance. One of the first people that came to
help me was Claude Lien. Any time that I needed help from the
Plymouth Police Department, I got it. The reason why I came up
here was that in Wayzata we were not having trouble with the Police
Do tment I wasn't satisfied with the amount of protection thatpar
gott for the amount of dollars we spent with no blame placed on
the people or the department. I think the responsibiAty is too
great for what they are given to work with.
Roger Go Bjorlin, 12110 - 54th Avenue North - Stated: I t -!ant to say
that I am greatly disappointed with the report from the Safety
Committee. I have attended a good rumber of the early meetings
of this eommaittee. I fr1t the committee was bending over backwards
to be fair, however, sohmAers along the line, things changed. I
did Pit in on a sub -committee and listen to the charges made against
Claude Lion. None of these charges were serious enough to reoom-
mend action such as has been made by the committee. Claude Lien
may be deserving of a reprimand after the delineation of the power
structure. As long as he was operating without a power structur3,
I do not feel it is fair to discharge him. Let him have an oppor-
tunity to operate under the power strunture and then if he is un-
willing to cooperate, discharge him.
Bud Eieingerl Route 2, Box 3189 Long Lake - Stated: I have known Claude
Lien ever since he has been on the Police Forces kaY y times Plymouth
will go up to an accident scene and order our ambulance for us, and
give firot aid for use I think Claude Lien is one swell guy and any-
thing I have wanted in the ,line of Police work, Claud" has been 100%
behind ur.
Joseph Walker, 6030 Hemlock Laren Stated: I have only lived in Plymouth
for three years, however, since joining %he Plymouth Jaycees, I have
found the cooperation given the jayvees by the Police Department has
been very good. I personally feel that Claude Lien has done a com-
mendable Job.
Gladys Rippe, 2610 West kedioine Lake Drive - Stated: I am here tonight
after attending mtny safety committee meetings. The first rine we
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Council ktotirg - March 11, 1%8 - Page 1.3
REMT OF OFFtCCERS. BOARDS dC CONLITTEi cont' d.
were able to speak at, when the nave "Splinter" came up, we were
not nalowed to. The government in our Village is only Plan A.
The Ordinance gives hire all this authority. I think this is wrong
that ,we give him this authority and try to get rid of Mr. Lien.
I hwire known Bruce Johnson for many years and I do not think that
what you are trying to do is right.
Chairmaft Clifford stated that he thought that he mads it quite clear
that this was a very aifficult job for the committee. He stated that
they had people that were appointed by each of the former councilman
and Mayor Hilda appointed two more At the mestizo we held, we stated
whenever we were going to meet in executive session and stated the
reason why. The committee did not make public a second list wh-acb was
presented to Claude Lien. If Claude Lion wishes to make it public,
he may do so.
Bil Kerlin appeared stating that he represented Chief Lien and further
stated that he had been over the second list with Claude Lien and
Claude Lien has consented to make this list public and he will answer
to any written charges.
John kcDonald, representative of Local #57, Rural Hennepin County
Police, requested a copy of the rep*rt.
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Mayor Hilde stated that the second portion was supplementary irform -
tion which they do not wish to rake public, however, if Chief Lien now
wishes them to be public, so be it.
William Merlin stated that they will prepare an answer to each allega-
tion and make them available to the public.
Ed Hints, 14930 - 31st ,A%renue North - Stated: I would like to con-
gratulate the Committsia. I have been sitting in the back as an
impartial observer and I feel that they must have had a sincere
reason to make theme recommendations.
Maya;, Hilda called for further comments from the floor and no one appeared.
He then called upon the council to discuss the report.
MOTION by Councilman: Hagen, stoond by Counoilman U'Fallon, that there be
no further time devoted on the part of the Council or the Safety Committee
in looking for outside.,Police )oteetion and that we look to sirenfthouing
cur oim Police force. Motion 1passed by a, five aye vote.
Councilman Hagan stated that in reviewi..ng our Police Department, as in the
review of other departments, it has been the Council's approach that we
Minutes - March 119 1968 - Face 14
EMT OMMM . BOARDS A CONNITiTM, cont' d.
invel,tigste all approaches. These approaches may not be acceptable to
the public. We did our job in looking to other avenues for polica pro-
teetion, however, the one unanisaus accord from the Village has been
that ase do want our ova Poli.,ie Department. Mayor Hilda stated that we
simply did not want to see P11mouth Village without argr alternative in
the event of the inability ort the part of oar present Polios Ikspartmeni
to discharge their duties. This is not any reflection upon the Umne-
pin County Sheriff's Office, but I feel that we are the type of people
that believe in hose rule.
Councilman Hagen stated that we are understaffed at this poin% and
Hennepin wounty has alw.ys offered to aid us and until we are able to
bring our Polio* force up to full sta:'f, it may be neoessary to Call
on them for help.
NOTION by Councilman Huat,. second 4 Councilman Nageno that the Village
Attorney to directed to redrett the exist:j g ordinances to clearly de-
lineate the chair: of command and duties of all personnel in the Village
employ and submit thos to the Council at a later date. The Attorney
pointed out that a copy of these ordinances has been forwarded to the
AttorneyGeneral for his c: inion on the validity of the ordinances andp t3
he feels that no oration should be taken until we have received the Attor-
ney U*neral's opinion.
NOTION by Councilman Hintt second by Councilman Olftllon, to amend the
motion to read that the Attorney shall submit the redrafted ordinances
to the Council when lie receives the Attorney,%neral's reply and has
given it to the Council. The amendment to the motion passed by a five
aye vote and the -gain motion as amended passed 4 a five aye vote.
MOTION By Council.-nan Hunt, second by Councilman O'Fallon, to direct the
Clerk-Adminietrator to secure copies of thepi personnel ordinances of
brookiyn Center and severe,! other municipalities vitlin the metropolitan
area and send copies of these to the Nayor and Council at the earliest
possible time. Notion Vused by a fiNv aye vote.
John NacDonaldt Local #57 representativa, requested taat the Council meet
with the union before taking action on some of the i`:ame under aonsideraw,
tioA tonight.
NOTION by Councilman Hagen, second by Councilman Humphrey, that all Vill-w
age personnel records should be maintained in a confidential manner by
the Clark Administrator. Councilman Hagen stated that he thought that a
single per30nne1 file should be kept and that only one such file should
ba mainUdned and that no copies should be kept by the department heads.
Councilman Hagan withdrew his motion and Councilm:m Humphrey withdraw
his second.
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Council Minutes - Marcie 11, 1968 - Page 15
FORT OF 0MCM 5 BOWS & Gam, cont d.
MOTION by Councilman Hagen, second by Councilman Scant, that all Village
personnel records wmmld be maintained is a conff duntial manner by the
Clerk -Administrator and that no copra of the porsw)anol files will be
maintained bW department hands, however, ibis shall not it elude such
t C Hunt ,second v Coun6ilmanthingsastimeDards. MaPItMI by ourncilswua . !,
O'Fallon, to amend the motion to add that all department hwia shall
have access to those files of those persons whor they directly snpe-
vise but no additions or deletions to these files shall be made except
ihrough the Clerk-Adatinistrator. The amendment it %L* motion passed
by a five aye vote mid the action as amended passod by a five oxv vote.
Councilman Hasan stated that in regard to rules &A procedures for operar
tion of the Police Department and conduct of its ','Mo:r and officers, that
this would be covered under the personnel ordiaanae. The Clerk -Adminis-
trator was directed to obtain any additional information to this regard
that would be helpful.
MOTION by Councilmm Hunt, second by Councilman Hagen, that the recommon-
dation tMt the new Village Hall must include vgAtly improved police
f ailsties, such as offica, detention or interrogation rooms and looker
room be included in the file which we now have toward the building of a
new Village Hall so that it will not be passed lig4tly upon at that time.
Motion passed by a five aye vote.
Councilman Hunt suggested that the Mayor appoint a committee to work
with the Clork-Administrator to seek out another location for the Police
Department until the new Village Hall is constructed. Councilman Humphrey
suggested that this be one of the charges !'ivin to the proposed Police
Advisory Committee.
MOTION by Councilman Humphrey, second by kayor tilde, to adopt the reaom,
mandation contained in paragraph six, that increased use of direction and
facilities of the Hennepin County Crime Lab, specifically in all felony
cases. With the clarification that this oou;.d be spelled out in more de -
ail by rereading the minutes of the comeittie meetings plus If an addi-
tional committee is appointed, this COIAIa lie an area which could be looked
into. Ca"uncilmern Hagen suggested tau:' %x Clerk -Administrator forward a
letter to the Hennepin County Sheriff"ts Office asking them whayc specific
facilities they have available.
Councilman O"Fallon stated that he felt the Police Department is well
aware of the facilities of the Hennepin County Crime Lab and that we
repeat and reemphasize this to the Polios Department,& Counoilvan Hagen
stated that he his not sure he would be in favor of the use of the word
directicn" in regard to the Hennepin Couniy Sheriff's Grime Lab.
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Council Minutes - lurch 11, 1968 - Pap 'lf
Councilman Bagen stated that he thought that there are parka -pa many
facilities available to our Police Depapimeut in this respect and if
we appoint an advi3ory committeelp one of the charges xonld be to look
into all the facilities available and report this to the Police Depart-
wente Councilman Humphrey withdrew his action and Myor Hilda withdrew
his second.
NOTION by Councilman HuwovV, second gay Councilman tN Falloa, that vhs
Ciancil recommend or adopt the racosmerdation of the Police advisory
Committee that increased use of the fuilities of the Hennepin County
Crime Lab be wade specifically in all felony cases. Motion passed 4
a kQvr sky* vote. Councilman Began voted nay. The Administrator was
directed to obtain information about the facilities of the Hennepin
County Crime Lab.
NOTION by Councilman Hund second ba Counci 1 u m Hagen, that any equip-
ment not aiUoorimed by thot Village Counoil, iouch as listening devises
will not bit used. CounciLman 0 Fallon stated that he felt that this
should cw^ r more than junt Lstsning devises,
NOTIOd by muneilmen Humphrey, second by Councilran Hagen, to amend the
motion to any equipment not outhorised by the Village Councilp ouch as
listening d)vices, and *to., will not be used. The aaasndment passel
by a f ivs N%o vk to aid; the aaended motion passed by s five aye vote.
MOTION by Councilman Humphrey, second by Councilman Hunt, that a five
man Police Aivisory Committee be appointed by the Council. Councilman
Hunt asked if the Committee had thought about a Village Employee Com-
mittee instead of specifiisally police. Councilmar. Dagen asked if the
Commiosion could be expaded to a Safety Advisory Committee and }possibly
we could direo,t the Village Attorney to come up with an ordinance that
he would roaaamond concerning both the Police and vire Department.
Councilman Humphrey withdrew his motion acid Councilmaz Hunt withdrew
his second.
NOTION by Counoilman Hagen, second by Councilman Humphrey, that the
Village Attorney be directed to recommend an ordinance for the eetab-
lishment of a Folate and Fire Advisory Commissions kotion paesoi by a
five aye vote.
XQUON by Counci1iaan hunt, second by Councilman O'Fallon, that a Council
committee be appointed U start work immediately on the possibility of
roving the Polieie Department to adequate facilitise at another location
before the consti%uction of a new Village hall. At such time as the
Police and Fire Commission is formed, all Mudies may be turned over to
that commission. Motion passed by s four aye vote. Nayor Hilda voted nay.
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Comail Minutes - March 11, 1958 - Fage 17
RB'P'w or aMCM6 BOARDS g 'UMITIMI cont'd.
j Councilman Hagen stated that lie ha not heed an opportunity to read the
supporting data. He wantod U know if the Safety Committee had shy
comments to make res"ing the statement that 'kthe Vmtsenoe of Breee
Johnson as an officer of the Plymouth Folios lieprrtment is a diarvptiw
influent." Councilman Humphnvy wanted to know it the dopwrisaat head
or Polios Chief would not be this one to take action in -this regard.
14yor Hi lde stated that under t! ="al ciftwatancea, the question of
Bruce Johnson bei:g retained or dismissed would came ftcai thit Polios
Chief to the Administrator and then to the Council but he does not see
this as a nos mi.:. situation. Councilman 0' Fallon stated during their
meeting with Claude Lien# ha, felt that Claude Lien recognired a disfirAw
it* problem in the area of Bruch jo nson, wA that the Cbisf scads sev-
oral requests at that meeting for help from the Council in dealing with
this problem. Councilman Hagen stated that he thought the committee's
statement was borne out by soma of the information that he had received
in discussion with otherpeople.
The Village Attorney stated that the Council should bo well advised that
we hive no Civil'Sorvice Commission in the Village of Plymouth, however,
the law does provide, a veteran the opportunity )f a hearing with witness-
es and a three mu board. In the case of a non-veteranv we can deal with
him directly as a Council but in the case of a vetexan, to will have to
make formal charges drawn up by an attorney. Councilman Hagen stated
that in this regard it mould seem, that in all fairness, .t might be well
to appoint a cowrittee of the Council or the Council as a ,jhole to lis Man
to Officer Johnson and determine what the charges wro and +bat action to take.
MOTION by Couucilman Hagan, second by Councilman O'Fatlon, t4lat the state-
ments made in the Safety Committee's report be giren t3 Officer Johnson
and that lie be hoard by the Council and action be taken at th4t time. Uyor
Hilde sugpsted that a date be not for this meeting for Office; Johnson and
that, in view of what we know, we should consider a suspension vith pay
until a decision is made. NOTION by Councilman Hunt, second by Councilman
O' Fallon, to amend the motion to inc.,ude that Bruce %ohnson be s%speaded
with pay unt!tl ouch time as the Ccun3il has amt with him and taken further
action. John waoD onald, Local #57 x epresentative, requested that the Council
givf A-uce Johnson a hearing such at will be given Chief Lien by a three w
t,'bunal. Councilman O'Fallon ctati.d that he dad not see a aonflic` between
the two but rather that we ahou,d set a We whop we will discuss with
h.r. Johnson Vhe charges and at that time Occide whether we will go &Lesd
with thin formal procedure as outlined under the Veteran'o Preference tsar.
Coumilimw Hager. withdrew his notion and Convoilman O' Fallon witbArew ,itis
second on the o.,iginal motion. Couticsilman Hunt wixhdrew his motion uwd
Counc;,lmaii O'ltllan witAdrew his second on the mondmrent.
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Couuoil Minutes - March 11, 1968 - Page 18
XMOK ty CouncilwAn Hagen that Bruce Johnson be heard a't a formal hoar—
ing and that whatevor action the Village Attorn" recommeads be Uftn.
The Village Attorney «tatod that he felt that the Council sbnuld adapt
a resolution setting tartk the action to be taken. Councilman men
withdrew, his miotion. Councilman Humphrey stated that it could be his
strong recommendation to agree tlAt a formal hearing,qhould be held and
suggested that consideration be ,even to a formal heoxxing before an
arbitration board of three people.
NOTION by Councilman Hwaphrey, second by C.,uneilman Hagen, to adopt RRMunw 68-x„
RESOLUTION No. 68-549 A RESOLUTION SETTING UP A HEARINf3 FOR a' cu WAR190 SET FOR
BRUCE JWSON before a three man board, the three *o be ualeeted accord- tMCER BRUCE
ing to the. Veteran's Preference Lew and secondly, in li f;ht of the Cos}- JOWON
mittee's recommendations, officer Johnson be put on suspension with pry
until such time as the hearing and decision have boon made. Kotion
Wood by a five aye vote.
NOTION by Councilman E14en, second by Councilman Hunt, to reconsider
the a4tion under Resolution No. 68-54 concerning a hearing for Bruce
Johnson to determine what action should be taken* notion pasend by a
five aye vote.
440TION by Couanciista'A Hagen, second by Councilman Hunt, to adopt RESOLU-
TION No. 6&5454 A. A RwowrioN s AMINO UP A HEARING FM OFFICER BRUCE
JOHNSON before a thi se Baan board, w,pY :: ; t^ b-_% s4elontod sLocording
to the Veteran's Preference Law with view to his discharge to be con. RESOLt1T? )R 44-54-oA
sidered and seoond,ly iu light of the Committee's recommendation, RM 1G tiff R9W
Officer Johnson be put on suspension with My until sue:h time as the %TICER BRUCE
hearing hard been not up W a final decision on the natter has been JOHNS(M ACCORD.
made* hotion passed b;,o x four aye vote. Councilman Hwnphrgy abstained TC VET'S PREF,
and sta tnd that the reajon that he abstained on this changed resolution LAW
is the fact that he waia not present in the Village when some of thug all
legations were supposed to have taken place and he feels he is unaolo
to make a knowledgeable decisioil at this time.
NGPION by Councilman O'Fallon, second by Councilman Hunt, to adopt RES OLUTIGN 68»55
RES014UTION NO. 68-551 A RESOLUTION =TING UP A HWING FOR CHIEF +:LAUD$ HWINO SET K
LIEN before a three man board, the tb ree 'to be selected according to CHIFY CLAUAE
the Veteran's Preference Law, with view to his discharge Lo be oors.idsred, LIWIMOTION
and secondly, that in light of the aomm,ilt6t to recommendation, Chide K"S '1%"
Lien be put on suspension with pay until. such time as the haiwing hail DRAWN
been set up and. a final decision on the matter has been made. William
Berlin appoar*d as counsel for Chief Lien and stated that he felt that
the action about to be taken is illegs'- lie further stated that ill the
Chief and 'thee next in line are susperw• x, Chief Lien oamot be respon-
sible for Police proteotion and stated that they abject to these procedures.
Council Minutes - Narch I19 1968 - Page 19
A short recess was called to give the Village Attorney'.n opportunity to
reviisw the laws .regarding tbass 1woeedures.
Uycx Hilde reopened the sooting at 11:10' p9me raid the AiVorney •u66
g+ested adoption of it. resolution directing the attorney to trapare formal
charges agu=
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Obie.f Li+in. G*;kw ci.lsan Olftllon withdraw her motion and
Councilman Hunt withz'rew his socond.
NOTION by Co>>Aoilmn aunt, secondby Coun.oilman Olftlloa, to adopt
RMOLtTPIOiN NO 68P-55, A USOLM100 DIRSCT,ING Tin VILLM, ATTOF=,7 TO
PREPARE Ft>FtWL CHARGM AGAINST CH.t';2? CIAMIE LIEN and said chargee.,
when prepare(:, are to he presented to the Council. Notion passed by
a four aye rote. Councilman Humphrey abstained. William Merlin, coun-
sel for Chief Lien, requested a a -31W of this charger when they are pre-
sented to the Council. W yor Hilda stated thAt s soon as they are
prepared, we will all receive a copy.
Tui Administrator- stated -;:th the suspension of Officar Johnson, o%x
Poline Porte is down to five men and we havAl the availability of having
a fort;, or nine and one-half men at this pcUt. Mayor Hilda suggested
we oonrt%Aer 4nterviewing men for our Police ',Department the sooner the
better. '•;ke Administrator ,stated that one u;° the problems with the in-
terviewing process is that you cannot put a 4an into a oar immediately
without t,arainiog, so we would have to recruit experiene(d men and in
order to get experienced men, we are going to have to pay them at least
what they are getting at some other municipality. Bill Clifford, Chair-
man of the committee, stated it was the committee's iateaiiou that not
only would we have to hire at a higher level but immediately upgraie
the salaries of the existing men. Mayor Hilda suepated that we could
agr a to the union proposal that was brought to us atei take *t out o
arbj t ;,;.tion and that, in fest, the union pri posal may not be high
no, 4h to make our pay comparable to aurrouM,Ang political subdivisl,ons.
Councilman Hagen stated he felt that the Con.4 ttee had done an exc+el.l-
ant job and he would agree that our wage eta],e is not up to what it
should be.
LOTION by Couticilman Hagen, second by CouncilLian Hunt, +hat the Clerk
Administrator be directed to bring in curr+en't figures on wages of sur.
rounding communities and recommendations than ht would hvwe in regard 10o
salaries for Policia officers in the Villaaa cT Plymouth. Nation parsed
t P. five aye vote. The Administrator sta;tei he would bring in his reccwp-
merlUtions at the liarob. 18, 1968 meeting.
MOTION by Councilman O'Fallon, second by Councilinm Hagen, that all
testing for advancement within the Pol: ce Department should be handlid
by an outside agency and advise the Police and ttn,fe1cy Comiiesion to
discuss and consider this program. !Motion paest,l by a five aye vote..
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Council Nirutea - March 11, '968 - Naga 20
oont'd.
NOTIC9 by Councilman Humphrey, second by Councilman 0, fa.11on, that
Police Department personnel must not be used to investigate or cheox
job applicants or other eaployeet of the Villageo botion par -sod
a rive uye vote.
Ngri'ION by CouncilAman O'Fallon, second by Councilman hunt, to recommend
the study of a Police Reserve Unit ant to advise the Police and Safety
Commission, when established, to disettes and consider this. Notion
passed by a five aye vote,
The Attorney stated that an agreement has been reached with Cerny Asaoci,-
atea, Inc. to rewrite Article IX of tho architectural contract to read
an follows: "Not vithatanding the ;provisions of Article IX herein] the
owner shall be given possession of one act of the drawings and rpsci-
fixattone although the architect shall retain title thereto."
XOTION by Councilmen Funt, second by Councilman Humphrey, to adjourn
the meeting at 11:50 P.m.
Al Hilde, Jr., Aiayoi•
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haron C,ardi ier, Secretary
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