Engel next recognized Duane Nelson and his request to hook up to city sewer. After some discussion, the council approved the request.
The claims for the evening were approved as submitted, along with the inventory cash control statement and prior meeting minutes.
Clerk Steve Louks mentioned a payment on the water pump is due to the DNR. Council members also discussed problems with the city generators.
Finally, members approved a donation of $500 to the Community Education Summer Recreation program.
Engel explained to those in attendance that Swearningen’s employee review was scheduled for 8:30 p.m. and couldn’t start before that time. The mayor opened up the meeting to the audience for comments. Many people, some very emotional, spoke in support of Swearingen. As the allotted time to speak came to an end, the mayor outlined the process that would be followed.
“This is a public meeting, not a public forum,” said Engel. “Only three people who asked to be on the agenda will be able to comment during the proceedings. They are Heidi Swearingen, Caren Swearingen and Steve Hackett. Only comments about the allegations being discussed will be heard.”
Donnavon Eaker spoke up inquiring why she wasn’t on the agenda as she had requested.
Heidi Swearingen asked if Eaker could take her place on the agenda. Council members agreed to allow Eaker to speak.
By now, the crowd had spilled out in to the doorways and into the hall of the community building. It was estimated there were well over 100 people trying to hear what was being discussed.
City Attorney Phil Kohl suggested the council determine what disciplinary measures may or may not be appropriate to the allegations. Kohl also suggested taking the charges one by one for discussion. A brief outline of the allegations:
• 1 — Violation of city rules on April 22, 2010, operating the city pick-up in a ditch.
“I was called to help the workers on the pumps at the lift station. Yes, I did drive the pickup down in the ditch,” said Swearingen.
• 2 — Parking personal vehicle inside the city maintenance garage on May 13, 2010.
“It was raining and I may have parked inside to get something from the shop,” said Swearingen.
• 3 — Parking personal vehicle inside city maintenance garage on November 1 and November 13 of 2011.
• 4 — Failure to report damage to city property; dent on fender of city pick-up.
“I have no idea how that fender got dented,” said Swearingen.
• 5 — Preventing ambulance personnel entry to building due to door being blocked.
• 6 — Ambulance personnel unable to use garage door opener due to breaker being tripped. Door had to be opened manually.
“The breaker could have been nuisance tripped,” said Council member Helland, who is an electrician. “It does happen from time to time.”
• 7 — Fire personnel couldn’t enter building due to door being blocked on May 2, 2011.
• 8 — Insubordination to supervisor.
• 9 — Misuse of city funds on purchases at Lerberg’s Grocery. Allegedly, Swearingen had purchased supplies for the maintenance building. Several grocery items were also on the receipt.
“Pepper? I have never purchased pepper in my life,” said Swearingen.
• 10 — Inappropriate behavior and language towards a resident on February 3, 2012 concerning a dog ordinance issue.
• 11 — Improper behavior and language towards a resident on March 6, 2012 with a resident on a dog ordinance issue.
• 12 — Falsifying city time card on March 2, 2012.
“I had erected traffic barricades at the school for the Green Eggs and Ham breakfast,” said Swearingen. “Doug Anderson (Elementary Coordinator) invited me in for breakfast, it was less than a half hour.”
After testimony on each allegation, Engel asked council members if they believed discipline was necessary on any of the 12 allegations. Council votes were: Reiter, some; Helland, no; Goebel, some; Groth, some; and Engel, yes.
Following roll call votes on each allegation, the council voted yes on numbers 8, 10 and 11. It was decided to issue Swearingen a written letter of reprimand to be included in his personnel file and conduct another review in six months. Since two of the allegations included improper language, attendance at anger management training was considered by the council.
“Who’s going to pay for it?” inquired Swearingen.
Mayor Engel stated he would gather information on the training for a future council meeting.
Prior to the meeting end, Swearingen announced he was resigning as city dog catcher. Since the duties are included in his job description, the description may have to be updated.
After two and a half hours, the mayor asked for adjournment, which was approved at 11 p.m.
