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Clyman
Town and Village Fire Commission |
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Clyman Fire
Commission
Clyman, WI
AGENDA
Wednesday, June 8, 2011 – 6:30 PM
Clyman Town Hall
735 Main Street
Clyman, WI
1. Call to order
2. Review/Approve the minutes of April
27, 2011 meeting
3. Upon a motion duly made, seconded,
and carried, the Commission may convene into closed
session for the purpose of discussion and possible
action concerning personnel matters of the Clyman
Fire Department.
The meeting will involve commission
members only and is closed pursuant to Section 19.85(1)(c),
of the Wisconsin Statutes.
4. Immediately following the closed session, the Commission
will reconvene in open session to consider any action
taken in closed session
5. Adjourn
NOTICE: It is possible that members
of, and possibly a quorum of, other governmental bodies
of the Village and Town may be in attendance at the
meetings above to gather information. No action will
be taken by any governmental body at the meetings
above other than by the governmental body specifically
referred to in the above notice.
Note: Any person wishing to attend who,
because of disability, requires special accommodations,
should contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made.
|
Previous
Meetings |
Clyman
Joint Boards & Commission Meeting
Monday, November 1,
2010
Commission Members Present:
Dave Beal (Vice-President), Gene Grulke, Tom
(Toby) Anfinson, Ron Woock
Village Board Members Present:
Jeff Wagner (President), Randy Roberts, Joe
Roberts, Laurel Finger, Lorrie Hartman
Town Board Members Present:
Dave Blank (Town Board Chairman), Nancy Schlender,
Chuck Burkholz
Others Present:
Amy Nehls (Secretary), Mike Thoma, John Haase
(Fire Chief), Doug Hartman, Marty Pint, Dave
Decono, Eric Howlett, Kris Kohlhoff (Village
Clerk), Chris Spilker (Town Clerk), Sandy Thoma
(Town Treasurer)
Excused
Tim Whitham (Fire Commission President)
Vice-President, Dave Beal, called the meeting
to order at 7:39 pm.
Fire Commission Secretary, Amy Nehls, informed
the members that the meeting agenda was posted
in all the posting sites (Village Hall, Post
Office, Town Hall, CJ & 26, and Highway
60) on Friday, October 29, 2010.
The minutes for the commission meeting on August
30, 2010, and the joint meeting of the Commission/Town
Board/Village Board on August 30, 2010, were
presented in written form. Motion by Gene Grulke,
second by Ron Woock to accept both sets of minutes
as printed. Motion Carried (4-yes).
The first item of discuss was to set the objectives
for the Fire and Rescue Department and Fire
Commission for 2011. Dave reminded the boards
that in 2010 the Clyman Fire and Rescue Department
Policy manual was created, it set down guidelines
for drug testing and appropriate behavior for
members. Dave Beal suggested that the most important
item of work, for 2011, would be to have the
fire officers' work on developing their Standard
Operating Guides (SOG's). Dave said that after
the officer appointments in August 2010, he
and Tim Whitham met with the officers and talked
about working on the SOG's, their first assignment,
as the current Standard Operating Guides haven't
been updated in years and several are still
being passed down verbally, rather than in writing.
The timeframe given was 2011 for the commission
to review the SOG's. When pressed on a more
firm date, Chief Haase stated they had started
assembling samples from other departments, but
would not be able to have theirs completed in
three (3) months. The time frame was set at
six (6) months, July 2011, for review of SOG's
by the commission, the commission will expect
to see updates as the task progresses (via e-mail
or contact with the officers, not necessarily
an official meeting). After the SOG's are reviewed
by the commission they will be submitted to
the Joint Boards, for their information. Dave
said one of the main topics for discussion and
decision for the Fire Commission, in 2011, would
be the process of re-appointing or hiring officers
in the future. Some of the officers appointed
in August 2010 have a two (2) year term that
will expire in August 2012. With some officer
terms expiring in 2012 it is important the commission
makes a decision on the hiring/re-appointment
process in 2011. Dave assured the board members
that the commission will not be meeting in 2011
just to hold meetings. In 2011, the commission
will have to meet once to appoint the officers
of the commission and once in July to review
the SOG's, but hopes not to hold many additional
meetings, unless problems or issues arise.
The second item of discussion was about Attorney
usage by the Commission. The commission only
uses an attorney when absolutely needed, and
now that the department is moving forward, it
is the hope of the commission not to need the
attorney's services in 2011. Dave reminded the
joint boards that at the first conception meeting
of the commission it was stated that Attorney
Griggs would be used for the commission and
the Village's attorney would be reserved for
representing the Fire Chief, if the need arose.
Dave said that he recognizes that the Town often
uses the services of the free Towns' Association
attorney; however this is only good for general
items as the association attorney doesn't handle
technical issues, as it wouldn't represent the
municipality in a court case. Dave was urged
by the Village and Town Boards to continue to
use Attorney Griggs for Fire Commission issues,
as he is familiar with what has happened in
the past since he participated in the past meetings.
The discussion then moved to discuss authorization
for contacting and using the attorney's services.
Dave said in theory it would be the Commission
President contacting the Village President and
Town Chairman for permission, however since
the Town Chairman is also the Fire Lieutenant
it could be a conflict. The boards suggested
that if the attorney needs to be utilized the
Commission President should contact the Village
and the Town Clerks. The boards stated that
the person working with the attorney should
either be the Commission President or the Commission
Vice-President. Once the Commission President
or Vice-President makes a courtesy call to the
clerks (Village & Town) the attorney will
work with the commission directly, not the clerks.
It was also stated that some issues may not
be able to be shared with the entire membership
of the joint boards, when that is the case,
the Commission President or Vice-President will
indicate the Village and Town Clerks are only
to notify their board member who is the Fire/Rescue
representative. As for attorney costs, the Village
and Town boards said they each budget their
own attorney fees for the year and just split
the fees, as needed, for the Fire Commission.
The next item addressed was the budget needs
for 2011. In a joint meeting, just prior to
the meeting with the commission, the boards
had already addressed the needs of the fire
commission under the Fire and Rescue department's
budget. Dave said that there was a lot of miscommunication
and all the commission wanted when they said
they wanted to discuss the budget was to make
sure the items they had thought of, such as,
per diems, attorney usage, office supplies,
etc. were considered in the 2011 budget. The
commission never had any intent to have control
over the fire and rescue department's budget.
The re-appointment of commission members was
also briefly discussed. According to the Wisconsin
Statutes, the Town Chairman and Village President
have the right to appoint fire commission members.
Nancy Schlender spoke on behalf of the town
and said that it is customary for the town,
with all of its committees, to ask the person
currently holding the position if they are still
interested in serving, if so, the person is
always re-appointed. If the person currently
sitting on a board/commission for the town is
NOT interested in serving another term, only
then will the Town Board look for letters of
interest. Nancy was very adamant that the Town
of Clyman would continue with its past practice
of appointment, for any of the Town's committees/commissions/boards.
Jeff Wagner stated that the Village of Clyman
took letters of interest and then voted on whom
to appoint to the commission position, and the
Village will continue to handle re-appointments
that way. Doug Hartman asked if there wasn't
a conflict of interest, being that the Town
Chairman, Dave Blank, has the right to appoint
commission members but is also currently an
officer (Lieutenant) of the Fire Department.
Nancy Schlender assured the group that it was
NOT a conflict, as she had made the motion to
re-appoint Dave Beal as a commission member
and the entire board voted on the re-appointment.
Dave also agreed that the entire board is involved
with the motion and voting on the member, he
does NOT just re-appoint a member on his own.
The next topic of discussion was the commission
clerk. The first item was why the clerks pay
had been held in August. Randy Roberts asked
if the clerk had been paid in the past and Amy
Nehls told the boards that she had been paid
twice in the past, in December 2009 and in April
2010. Lorrie Hartman said she didn't think that
Amy had itemized her timesheet in the past (including
hourly wage and per diem), the way the one of
May through September had been itemized. Amy
said that she had used the same format each
time she turned in her time. Lorrie also said
she questioned why the clerk had been asked
to type the questions before the interviews
were held in August. Dave Beal stated that he,
the Vice-President of the Commission, had asked
the clerk to type the questions. Dave said he
trusts the Fire Commission clerk to do the job
and trusts that she did NOT give out any information
or the questions before the interviews. Doug
Hartman asked why the commission abdicated its
powers to another panel to perform the interviews.
Dave Beal told Doug they asked a panel of professionals
to do the interviews because the commission
felt it was the most unbiased and the most objective
approach. Doug Hartman said it looks suspicious
to the public, as some of the members that were
NOT chosen for officer positions are some of
the most trained. Dave said the selection of
officers was based on the interview, and that
training was a portion of the requirements,
but was not the only factor considered. Dave
assured the group that the interview process
was unbiased. Doug Hartman continued to press
the issue and stated that members of the public
want answers as to why some members were chosen
as officers over others. Dave said that he had
given the best answer he could as he was present
at the interviews and others, including the
public, were not. When asked why the boards
had not seen the questions or the scores, Dave
said the board members had been given the list
of questions. Dave said that the night of the
joint meeting, on August 30, 2010, he had a
copy of the individual scores and had offered
them to both boards, twice, and nobody looked
at them or asked the commission to come into
their closed session. Dave Blank said that the
Town had made the motion to pay both portions
of Amy's salary at their last meeting. Chris
Spilker said that Amy's check wouldn't be cut
until they could run another payroll, Kris Kohlhoff
said that she had Amy's check prepared but had
held it per the Village Board. The Village Board
members said that Kris Kohlhoff should send
Amy's check and that the Town should amend their
motion and just pay the Town's half of the hours.
In the joint board budget meeting it had been
determined that a fire department clerk would
be hired, in 2011, to pay the Fire/Rescue bills
and type the commission minutes. It was decided
at the budget meeting that the fire department
clerk would be paid $10 per hour. Discussion
arose on if a per diem should be paid if the
fire department clerk had to attend the Fire
Commission meeting. Motion by Nancy Schlender,
second by Dave Blank to pay the fire department
clerk an hourly wage ($10), no matter what duties
he/she was performing, rather than a per diem
for attending commission meetings. Motion Carried.
The discussion then turned to the duties the
fire department clerk would have, but Dave said
they may not want to decide on that until the
boards decide how to fill the position. Kris
Kohlhoff agreed to continue doing the accounting/book
work until the new position is filled. Kris
said that the Village is reimbursed $250 per
year for her doing the books, and she will continue
to do the work on Village time, and the Town
can continue to reimburse the Village until
someone is hired. Kris said that once someone
is hired a new checking account will need to
be opened, in order to pay the bills (the clerks
said the accounts need to be separate, as running
the bills through their accounting software
would not work). It was also stated that if
money is to be withdrawn from the LifeQuest
savings account, there would need to be a meeting
and approval from the joint (Village & Town)
boards. Nancy said they would like to see the
fire department clerk position filled ASAP.
The boards said they would like input from the
fire commission and the fire chief, as well
as Kris, as to what they need for a job description
and job duties. It was agreed by both boards
and the commission that once the fire department
clerk is in place the will be no need for the
Village or the Town clerk to be involved with
fire department or commission matters (beyond
the initial training by the Village Clerk).
It was determined that Dave Beal (commission),
Chief Haase (Fire Department), and Kris Kohlhoff
(Village Clerk) will create a list of job duties.
The joint (Village & Town) boards will meet
to review the job duties and create a job description
and ad to be run in the newspaper. The list
of duties is to be complied in two (2) weeks
(November 15, 2010). The Village will review
the list at their monthly meeting on November
29, 2010, and the Town will also review. The
position for the Clyman Fire Clerk will be advertised
in December. When the process of interviewing
the candidates was discussed the boards decided
to have the same representatives from the Fire
Commission (Dave/Tim), the Fire Department (Chief
Haase), and the Village (Kris Kohlhoff) interview
the top candidates and make a recommendation
to the joint boards. Motion by Lorrie Hartman,
second by Joe Roberts to have a list of duties
created for the joint boards to create an advertisement/job
description to be run in December, with the
interviews being performed by Dave/John/Kris
and a recommendation made to the joint boards.
Motion Carried. It was stated that in the future,
once the Fire Department Clerk is hired, any
future fire department questions posed to the
Village or Town Clerks will be deferred to the
Fire Chief or the Fire Commission.
Dave asked the boards how they would like to
be updated in the future on the status/progress
of the commission. Currently the fire commission
clerk sends the agenda and minutes from the
last meeting out, via e-mail, to the commission
members, the Village & Town Clerk, and board
members that have e-mail. It was suggested that
in the future, the fire department clerk send
an e-mail to the Village & Town Clerks after
the meeting. The minutes should also be sent,
as soon as completed, with a disclaimer that
they maybe amended or changed at a later meeting
(the current minutes already have the disclaimer).
The meeting agendas should also be sent to the
Village and Town Clerks and should be posted
(in the 5 posting locations) by the fire department
clerk. In the months the commission does not
hold a meeting, the fire department clerk, should
send an e-mail to the Village and Town Clerks
stating there will not be a meeting for that
month. If a clerk is need to attend a Fire Commission
meeting, the fire department clerk, will be
asked to attend the Fire Commission meeting.
One of the last items discussed was how to
address the fire commission on the Town and
Village agendas. It was determined the Fire
Commission would no longer be a specific agenda
item, but would be addressed under correspondence.
With the commission being put under correspondence
updates and discussion can occur, however, no
motions or actions will be able to be taken
by the separate boards. This way all commission
and Fire Department items will be addressed,
with decisions made, by the joint (Village &
Town) boards. In the future if there is a question,
it will be addressed to the commission and if
there is an issue it will be addressed with
a joint board (Town & Village) or joint
board and commission meeting.
The next commission meeting will be scheduled
in the future, but a July 2011 meeting will
need to be scheduled to go over the recommended
Clyman Fire Rescue Standard Operating Guides
(SOG's), that will be created by the officers.
Agenda items for the next commission meeting
are: job description for Emergency Medical Responder
(EMR), job description for EMR coordinator,
and standard operation guides (SOG's) .
In his final comment to the joint boards, Dave
Beal, suggested that the joint boards and the
commission meet more often, or at least annually,
to keep the Clyman Fire and Rescue organization
moving forward.
Motion to adjourn made by Ron Woock, second
by Gene Grulke. Motion Carried. Meeting adjourned
at 9:17p.m.
Respectfully Submitted,
Amy Nehls
|
_________________________________________________________ |
TOWN
OF CLYMAN & VILLAGE OF CLYMAN
JOINT MEETING
CLYMAN VILLAGE HALL,
713 MORGAN STREET
NOVEMBER 1, 2010 @ 6:30
PM
1. Call to Order
2. Discussion and possible action regarding
2010 Fire Department's Budget with
possible over spending in 2010.
3. Discussion and possible action regarding
1761 bill for pump that was charged
against 2010 budget.
4. Discussion and possible action regarding
1761 settlement with tank co. in PA.
5. Discussion and possible action on 2011 Joint
Fire Department Budget.
6. Discussion and possible action on 2011 Joint
EMR Budget.
7. Discussion and possible action regarding
spending cap for Fire Chief.
8. Adjournment.
Items listed may not go in order as stated.
NOTE: Requests from person(s) with disabilities
who need assistance to participate in this meeting
should be made to the Town Clerk at 920-696-3073
with as much notice as possible.
POSTED: October 29, 2010
Chris Spilker - Town Clerk |
_________________________________________ |
| . Clyman
Fire Commission
Clyman, WI
AGENDA - Joint Village/Town/Commission
Meeting
Monday, November 1,
2010
7:00PM or Immediately
following the Joint Board Meeting
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
3.Review/Approve minutes of August 30, 2010
meeting & Joint Board/Commission Meeting
4.Discuss/Set Commission goals/objectives
for 2011
5.Discuss/Decide on Attorney usage by the
commission
A. Attorney that should be utilized
B. Budgeted attorney fees for commission usage
C. Person authorized to contact the attorney
on the commission's behalf
D. Authorization needed for attorney usage
6.Discussion/Decision on 2011 needs
A. Commission
1a. Suggested Budget Needs
2b. Re-Appointment Procedure
B. Commission Clerk
1a. Clerks salary/per diem for 2010 services
provided
2b. 2011 wage/per diem
3c. Duties & Authority
4d. Procedures for appointing
5e. Involvement of Village/Town Clerks
7.Discuss/Direct how the Town/Village want
to receive updates from the Commission -
e-mail, presentation at meeting, etc.
8.Discuss the ramifications of putting the
Commission Report on the monthly agendas for
the Village & Town Boards, when it is NOT
a joint board/commission meeting
9.Future meeting date
10.Future agenda items
11.Adjourn
Note: Any person wishing to attend who, because
of disability, requires special accommodations,
should contact the Clyman Village Clerk at (920)
696-3444, with as much advanced notice as possible,
so appropriate arrangements can be made. |
|
Clyman
Joint Boards & Commission Meeting
Monday, August 30, 2010
Commission Members Present:
Tim Whitham (President), Dave Beal (Vice-President),
Gene Grulke, Tom (Toby) Anfinson, Ron Woock
Village Board Members Present:
Jeff Wagner (President), Randy Roberts, Ed Wolff,
Laurel Finger, Laurie Hartman
Town Board Members Present:
Nancy Schlender, Chuck Burkholz
Others Present:
Amy Nehls (Secretary), Joe Roberts, Jenny Leu, Dave
Decono, Rebecca Schneider, Sandra Marquardt, Michele
Decono, Marty Pint, Ron Rettschlag, Randel Key, Doug
Hartman, Dawn Pint, MaryJane Key, Eric Howlett, Karen
Lanser, Sherry Haase, Ron Lenius, Kurt Beaster, Allan
Rettschlag, John Haase, Karen Wagner
Excused
Dave Blank (Town Board Chairman)
President, Jeff Wagner, called the meeting to order
at 7:08pm. Jeff explained that this is a public meeting
to review and vote on the recommendations for Fire
Officers made by the Fire Commission, however there
would be no citizen comment and if anyone is unruly
they would be asked to leave or be removed by the
police officer. Jeff also explained that the boards
intended to go into two (2) different closed sessions,
the first would be to discuss the recommendation of
Chief, then the board would come into open session
to vote on the Chief position and then go into closed
session a second time to discuss the recommendations
of the other officers and have the Chief participate
in that closed session before they go back into open
to vote on the other officers.
Fire Commission Secretary, Amy Nehls, informed the
members that the meeting agenda was posted in all
the posting sites (Village Hall, Post Office, Town
Hall, CJ & 26, and Highway 60) on Friday, August
27, 2010.
Fire Commission President, Tim Whitham, then reviewed
the process that the commission went through to come
to their officer recommendations. Tim told the group
that the job descriptions were approved in May along
with a Personnel Policy. The job descriptions were
then posted for thirty (30) days giving each member
a chance to apply for an officer position. The commission
then met in July to review the applications they received,
the following 6 people applied: Dave Blank, Dave Decono,
John Haase, Eric Howlett, Marty Pint and Joe Roberts.
The commission formed an interview panel, made up
of individuals with experience in the emergency response
field. The interview panel consisted of a member of
the fire commission (Vice-President, Dave Beal) and
4 other non-biased members that lived outside the
community of Clyman. The panel members and their professional
qualifications were as follows: Dave Beal was the
representative for the Fire Commission and is also
the Detective for the City of Juneau, City of Juneau
Emergency Management, and a Lieutenant on the City
of Juneau Fire Department; Pat Ninmann, Dodge County
Sheriff's Department Chief Deputy Jail Administrator
and former Central Communications Director; Rob Olson,
Outagamie County Emergency Management Exercise/Training
Officer and Grand Chute Fire Department Lieutenant;
Nate Anfinson, Vice-President of Horicon City Council
and Horicon EMS member; and Alan Mannel, City of Beaver
Dam Fire Chief. The interview panel interviewed the
candidates on Saturday, August 7, 2010 at the Town
Hall. The interview candidates were contacted, in
alphabetical order by last name, to choose their interview
time. The interviews started at 8:30AM and each candidate
was asked the same set of questions in the same order.
Each question had a possibility of five (5) points,
and after the interviews were concluded the interview
panel tallied their interview scores, their score
sheets and notes, were given to the Fire Commission.
Tim also reminded the boards that the Fire Commission
has the power, by statute, to hire and fire personnel
for the fire department, including the officers and
the chief.
President Wagner read the statement off the agenda
for going into a closed meeting to consider the appointment
of the Fire Chief: “Upon a motion duly made,
seconded, and carried, the Commission may convene
into closed session for the purpose of reviewing the
candidates/applicants and interview panel information
for officers (Chief, Assistant Chief, Captain, Lieutenant)
of Clyman Fire/Rescue Department and to consider promotion
and performance of candidates. The meeting is closed
pursuant to Section 19.85(1)(c), of the Wisconsin
Statutes." Motion made by Laurel Finger, seconded
by Ed Wolff to convene into closed session. Motion
Carried. The meeting convened into closed session
at 7:15pm, the boards moved to the police office for
their closed meeting discussion. Individuals present
in the closed session were the Village Board members
and the Town Board members.
Motion by Laurel Finger, second by Randy Roberts
to reconvene into open session. Motion Carried. Open
session convened at 7:30p.m.
Motion to accept the Fire Commission recommendation
of John Haase as Fire Chief made by Laurel Finger,
second by Chuck Burkholz. Roll Call vote taken: Nancy
Schlender - Yes, Chuck Burkholz - Yes, Laurie Hartman
- No, Laurel Finger - Yes, Randy Roberts - Yes, Ed
Wolff - Yes, Jeff Wagner - Yes. With a vote of six
(6) in favor and one (1) against, the recommendation
of John Haase as Fire Chief was accepted.
John Haase was given the official oath of office
and sworn in by the Fire Commission Secretary, Amy
Nehls.
President Wagner read the statement off the agenda
for going into a closed meeting to consider the appointment
of the remaining fire officers: “Upon a motion
duly made, seconded, and carried, the Commission may
convene into closed session for the purpose of reviewing
the candidates/applicants and interview panel information
for officers (Chief, Assistant Chief, Captain, Lieutenant)
of Clyman Fire/Rescue Department and to consider promotion
and performance of candidates. The meeting is closed
pursuant to Section 19.85(1)(c), of the Wisconsin
Statutes." Motion made by Nancy Schlender, seconded
by Ed Wolff to convene into closed session. Motion
Carried. The meeting convened into the second closed
session at 7:33pm, the boards moved to the police
office for their closed meeting discussion. Individuals
present in the closed session were the Village Board
members, the Town Board members, and Fire Chief, John
Haase.
Motion by Nancy Schlender, second by Laurel Finger
to reconvene into open session. Motion Carried. Open
session convened at 7:41p.m.
Motion to accept the Fire Commission recommendation
of Joe Roberts as Assistant Fire Chief, Eric Howlett
as Captain, and Dave Blank as Lieutenant made by Chuck
Burkholz, second by Laurel Finger. Roll Call vote
taken: Nancy Schlender - Yes, Chuck Burkholz - Yes,
Laurie Hartman - No, Laurel Finger - Yes, Randy Roberts
- Yes, Ed Wolff - No, Jeff Wagner - Yes. With a vote
of five (5) in favor and two (2) against, the recommendation
of Joe Roberts as Assistant Fire Chief, Eric Howlett
as Captain, and Dave Blank as Lieutenant was accepted.
Joe Roberts and Eric Howlett were given the official
oath of office and sworn in by the Fire Commission
Secretary, Amy Nehls.
Jeff stated that until tonight the joint boards were
unaware of the decision or interview scores, and that
the Fire Commission had done what the joint boards
had assigned to them. Jeff stated he felt the Fire
Commission had fulfilled it duties.
Toward the end of the meeting several audience members
had gone outside and then retuned. The following members
of Clyman Fire and Rescue Department placed gear and
pagers in front of the joint boards: Dave Decono,
Michele Decono, Marty Pint, Randel Key, Becky Schneider,
and Ron Lenius.
Motion to adjourn made by Laurel Finger, second by
Ed Wolff. Motion Carried. Meeting adjourned at 7:50
p.m.
Respectfully Submitted,
Amy B. Nehls, Secretary
Disclaimer: The above minutes may be approved, amended,
or corrected at the next committee meeting |
Clyman
Fire Commission
Clyman, WI
Commission Meeting
Monday, August 30, 2010
Commission Members Present:
Tim Whitham (President), Dave Beal (Vice-President),
Gene Grulke, Tom (Toby) Anfinson, Ron Woock
Others Present:
Amy Nehls (Secretary), Joe Roberts, Jenny Leu
President, Tim Whitham, called the meeting to order
at 6:33pm. Roll call was taken and all members were
present.
Secretary, Amy Nehls, informed the members that the
meeting agenda was posted in all the posting sites
(Village Hall, Post Office, Town Hall, CJ & 26,
and Highway 60) on Friday, August 27, 2010.
The minutes from July 13, 2010 and August 7, 2010,
were presented in written form. Motion by Dave Beal,
second by Tom (Toby) Anfinson to accept the minutes
of July 13, 2010 and August 7, 2010 as printed. Motion
Carried (5-yes).
President Whitham read the statement off the agenda
for the closed meeting - “Upon a motion duly
made, seconded, and carried, the Commission may convene
into closed session for the purpose of reviewing the
candidates/applicants and interview panel information
for officers (Chief, Assistant Chief, Captain, Lieutenant)
of Clyman Fire/Rescue Department and to consider promotion
and performance of candidates. The meeting is closed
pursuant to Section 19.85(1)(c), of the Wisconsin
Statutes."
Motion made by Dave Beal, seconded by Gene Grulke
to convene into closed session. Motion Carried. The
meeting convened into closed session at 6:35pm, all
members of the audience were asked to leave the building.
Individuals present in the close session were the
five commission members.
Motion by Dave Beal, second by Tom (Toby) Anfinson
to reconvene into open session. Motion Carried (5-
yes). Open session convened at 7:03p.m.
President Whitham announced that the commission had
come to the following recommendations for Clyman Fire/Rescue
officer positions: Fire Chief for a 5 year term -
John Haase, Assistant Fire Chief for a 4 year term
- Joe Roberts, Captain for a 3 year term - Eric Howlett,
Lieutenant for a 2 year term - Dave Blank. Motion
to recommend the officers listed by Tim Whitham, made
by Gene Grulke, second by Ron Woock. Motion Carried
(5-yes)
The next commission meeting will be set at a future
date, along with the future agenda items.
Motion to adjourn made by Dave Beal, second by Tom
(Toby) Anfinson. Motion Carried. Meeting adjourned
at 7:06 p.m.
Respectfully Submitted,
0x01 graphic
Amy B. Nehls, Secretary
Disclaimer: The above minutes may be approved, amended,
or corrected at the next committee meeting. |
Clyman
Fire Commission
Interview Panel
Clyman, WI
AGENDA
Saturday, August 7, 2010 -
8:30AM
Clyman Town Hall
1.Call to order - V ice-President, Dave Beal
2.Statement of public notice
3.Introduction of interview panel members, explanation
of interview process.
4.Distribution of interview questions and score
sheets to interview panel.
5.Upon a motion duly made, seconded, and carried,
the interview panel may convene into closed session
for the purpose of interviewing the candidates/applicants
for officers (Chief, Assistant Chief, Captain, Lieutenant)
of Clyman Fire/Rescue Department, and to discuss performance
of candidates and possible recommendation of potential
candidates to fill Fire Officer Positions.
The meeting is closed pursuant to Section 19.85(1)(c),
of the Wisconsin Statutes.
Immediately following the closed session, the interview
panel will reconvene in open session.
6.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town, including the Fire Commission, may be in
attendance at the meeting above to gather information.
No action will be taken by any governmental body at
the meetings above other than by the governmental
body specifically referred to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Fire Commission Clerk at (920) 696-3512,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
Clyman,
WI
AGENDA
Tuesday, July 13, 2010 - 8:00PM
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
3.Review/Approve the minutes of May 26, 2010 meeting
4.Upon a motion duly made, seconded, and carried,
the Commission may convene into closed session for
the purpose of reviewing the candidates/applicants
for officers (Chief, Assistant Chief, Captain, Lieutenant)
of Clyman Fire/Rescue Department and consider promotion
and performance of candidates.
The meeting is closed pursuant to Section 19.85(1)(c),
of the Wisconsin Statutes.
Immediately following the closed session, the Commission
will reconvene in open session, to consider the following
matters:
5.Action from closed session:
1.Name Officer Candidates/Applicants
2.Issue letter to Chief requesting officer candidate/applicant
personnel files
6.Future Meetings:
1.Schedule Interviews
2.Schedule next commission meeting
3.Joint Board Meeting - August 30, 2010 at 7 pm
7.Future Agenda Items
8.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
Clyman
Fire Commission
Clyman, WI
AGENDA
Wednesday, May 26, 2010 -
7:00 PM
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
3.Review/Approve the minutes of April 19, 2010 meeting
4.Implement the Policy and Procedure Manual
5.Enact the job description policy, job posting
and filling policy, and hiring practices policy
6.Finalize/Approve the job descriptions
7.Finalize the officer promotion/ employment timeline
8.Future meetings:
1.Schedule next meeting
9.Future agenda items
10.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
Clyman
Fire Commission
Clyman, WI
AGENDA
Monday, April 19, 2010 - 7:00
PM
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
3.Review/Approve minutes of April 7, 2010 meeting
4.Upon a motion duly made, seconded, and carried,
the Commission may convene into closed session for
the purpose of discussing employment and compensation
of Fire Department members. Discussion may include
the appropriate command structure for the fire department;
which will include line officer qualifications, interview
options and personnel policies.
The meeting is closed pursuant to Section 19.85(1)(c),
of the Wisconsin Statutes.
Immediately following the closed session, the Commission
will reconvene in open session, to consider the following
matters:
5.Action from closed session
6.Future meetings:
1.Schedule next meeting
7.Future agenda items
8.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
Clyman
Fire Commission
Clyman, WI
AGENDA
Wednesday, April 7, 2010 -
7:00 PM
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
3.Review/Approve minutes of March 13, 2010 meeting
4.Discussion/Implementation of Policy and Procedure
Manual
5.Discussion/Creation of job descriptions
6.Discuss/Approve the job description policy, job
posting and filling policy, and hiring practices policy
7.Review/Finalize officer employment timeline
8.Future meetings:
1.Schedule next meeting
9.Future agenda items
10.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
Clyman
Fire Commission
Clyman, WI
AGENDA
Saturday, March 13, 2010 -
4:00 PM
Clyman Fire Station
1. Call to order; roll call
2. Statement of public notice
3. Review/Approve minutes of January 26, 2010 meeting
4. Presentation of meeting rules by Commission President
5. Public Comment - Maximum of 2 minutes per speaker
(Speaker must sign-up prior to the meeting start
in order to be allowed to speak)
6. Communications to the Commission
7. Upon a motion duly made, seconded, and carried,
the Commission may convene into closed session, pursuant
to Section 19.85(1)(a)(b)(f), of the Wisconsin Statutes,
to consider formal charges of misconduct filed by
Fire Chief, John Haase, against firefighter David
DeCono. David DeCono has the right to request this
portion of the meeting be conducted in open session
pursuant to Section 19.85(1)(b) of the Wisconsin Statutes.
8. Immediately following the closed session, the
Commission, upon a motion duly made, seconded, and
carried, will convene into closed session, pursuant
to Section 19.85(1)(a)(b)(c)(f)(g) of the Wisconsin
Statutes, to deliberate discipline, demotion, or dismissal
based on hearing the charges referenced above.
Immediately following the closed session, the Commission
will reconvene in open session, to consider the following
matters:
9. Action from closed session:
1. Determine the relevance or set evidentiary hearing,
in regards to misconduct charges as filed against
David DeCono
10. Update on presentation by Commission President
at Fire Department meeting on 3/9/10
11 .Discussion/Creation and potential approval of
job descriptions
12. Discuss/Approve the job posting and filling policy
13. Review/Finalize officer employment timeline
14. Future meetings:
1. Schedule next meeting
15 Future agenda items
16. Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
Clyman,
WI
Commission Meeting
Saturday, March 13, 2010
Commission Members Present:
Tim Whitham (President), Dave Beal (Vice-President),
Gene Grulke, Ron Woock, Tom (Toby) Anfinson
Others Present:
Amy Nehls (Secretary), John Haase, Dave Blank
, Dick DeCono, Nancy DeCono, Patti McFarland, Jim
McFarland, Tim Dornfeld, Lorrie Hartman, Doug Hartman,
Kurt Beaster, Joe Roberts, Karen Lanser, David DeCono,
Ed Wolff, Robert White, Brad Bailey, Caroline Bailey,
Jay Blasé, Ben McFarland, Tim Will, Andrew
Lopez, Aly Lopez, Joe DeCono, Tim Schlesner, Eric
Howlett, Marty Pint, Dawn Pint, Randy Nehls, Randy
Roberts, Laurel Finger, Chad Haase, Lyndsey Rein,
Scott Nehls, Ann Fry-Blank, Michele DeCono
President, Tim Whitham, called the meeting to order
at 4:03pm. Roll call was done and all the commission
members were present.
Secretary, Amy Nehls, informed the members that the
meeting agenda was posted in all the posting sites
(Village Hall, Post Office, Town Hall, CJ & 26)
on Thursday, March 11, 2010 between 4:45pm and 5:00pm.
President Tim Whitham informed everyone that Amy had
sent an e-mail with the agenda to all the commission
members, Chief Haase, and David DeCono (on Thursday
3/11). However, due to computer/network problems the
e-mails were not delivered, but Amy did not receive
a message from the network until over 24 hours later
(Friday 3/12). Just to be sure that David DeCono received
notice of the meeting and a copy of the agenda, the
Town Liaison Officer was asked to deliver the agenda.
The Liaison Officer delivered a copy of the agenda
to David DeCono at 10:50am on Saturday, March 13,
2010.
The minutes from January 26, 2010 were presented.
Motion by Gene Grulke, second by Dave Beal to accept
the minutes of January 26, 2010 as printed. Motion
Carried (5-yes, 0-No).
President, Tim Whitham, went over the meeting rules
and how the meeting would be conducted. Tim informed
the group that in the State of Wisconsin a person
appealing discipline has the right to “due process”,
so this meeting would be a “quasi” hearing
of the complaint and the appeal. Tim explained what
“due process” was and listed the following
points that ensure “due process”:
1.The individual is entitled to an impartial decision
maker
2.The individual is entitled to notice of charges
that have been made, or will be made, as well as actions
that will or may be taken against the individual
3.The individual is entitled to a hearing for the
purpose of responding to the charges
4.The individual is entitled to representation
5.The individual is entitled to confront and cross
examine his/her accusers
6.The individual is entitled to present evidence and
argue his/her view of the facts.
Tim told the attendees that there was a sign-up sheet
in the back of the room and they had to sign the form
in order to be recognized for public comment time,
at which time they would be allowed roughly 2 minutes
each. After public comment there would be no comments
taken from the floor, as the commission would move
into Agenda item #6 (communications to the commission),
#7 (option of closed session to hear the formal charges
against David DeCono), and #8 (closed session for
deliberation). Tim told the group that this meeting
would be held pursuant to Section 62.13 of the Wisconsin
Statutes, and its governance would be followed. President
Whitham informed the attendees that David DeCono has
the option of holding his portion of hearing the formal
complaint in open session, for the public to hear.
The attendees were also informed that the commission
is allowed, by statute, to convene into closed session
to make their decision on the matter. The commission
has the options to move forward to the level of a
commission hearing if there is “just cause”,
to modify the charges, or to dismiss the charges.
Tim then read 62.13(5)(em) of Wisconsin Statutes,
which sets forth the seven (7) standards a commission
must apply, in making a “just cause” determination.
The standards are:
1.Whether the firefighter, against whom charges
have been filed, could be expected to have
known the probable consequences of the alleged conduct.
2.Whether the rule or order the individual allegedly
violated is a reasonable rule or order.
3.Whether the chief, before filing charges against
the subordinate, made a reasonable effort to
discover if the subordinate actually violated the
rule or order.
4.Whether the chief's effort, to discover if the
subordinate actually violated the rule or order,
was fair and objective.
5.Whether the chief discovered substantial evidence
that the subordinate named in the charges
actually violated the rule or order described in the
charges.
6.Whether the chief has applied, or is applying,
the rule or order impartially and without
discrimination against the subordinate.
7.Whether the form of discipline proposed reasonably
relates to the seriousness of the alleged
violation and to the subordinate's record of service
with the chief's department.
After the closed session, the commission will convene
into open session, at which time they will present
their decision and have a roll call vote on it. If
it is decided that a hearing will be held that notice
will be given and each side must provide their information
to the commission so subpoenas can be issued. A hearing
would have to be posted 72 hours in advance and would
be an open meeting, however, only those receiving
a subpoena would be allowed to speak. Legal council
would be an option for both parties at a commission
hearing and after a decision is rendered there is
a five (5) day window to appeal to the Wisconsin court
system. Tim noted that there has been a lot of publicity
in the local newspaper, and some of it had called
the integrity of the commission to question. Tim assured
everyone that none of the commission members are from
Clyman and none of them have relationships with the
parties involved. The attendees were informed that
there are law officers present and if the officers
feel a state statute has been violated by an attendee,
his/she will be spoken to by the officer and may receive
a citation. President Whitham informed everyone present
that if the meeting at any point was perceived as
“getting out of hand” that he would call
for order one time and if it persisted the meeting
would be stopped immediately.
The meeting then moved on to the agenda item of public
comment. Richard DeCono and Nancy DeCono, David's
parents, spoke on their son's behalf. Patti McFarland,
David's sister, also spoke on his behalf. Patti also
told the commission that she had submitted one of
the articles to the paper, detailing David's reprimand,
and that this was her doing and should not be held
against David. Jim McFarland, David's brother-in-law,
also spoke on his behalf. Doug Hartman read a letter
from his mother, Annette Bauer, to everyone. Lorrie
Hartman said there is no official PIO so there is
no reason for the suspension. Lorrie also said that
David has already been suspended for 18 days and there
hasn't been a decision made. President Whitham, at
that point, addressed Lorrie's concerns by stating
that the Chief has the right to suspend immediately.
The person being reprimanded has the right to appeal
and the commission has ten (10) days but no more that
thirty (30) to take action. The commission would take
some kind of action at today's meeting, but in order
to ensure due process, things need to be slowed down.
Lorrie stated since nobody's life was put in danger,
she didn't think an immediate suspension was warranted.
Robert White spoke and told the commission that he
was tired of all this and that if the commission didn't
do something today and give everyone an answer that
the “citizens will take this over”. Tim
Will and Ben McFarland spoke of David coaching them.
Joe DeCono, David's son, spoke on behalf of himself
and his little sister. Michele DeCono, David's wife,
said that this all started years ago and that Chief
Haase has “black listed anyone with the last
names of DeCono, Pint, and Howlett”, and she
feels it is because they are a threat to the Chief
and he has it out for them. Michele inquired how others
get to file charges and that the chief and the commission
are not the only people who should be allowed to file
charges. President Whitham then explained to everyone
that any aggrieved person can file a charge against
the Chief or a member of the department. Once the
commission receives the written complaint they need
to review the charges and conclude if the complaint
warrants proceeding. President Whitham went on to
tell everyone that the commission members thought
they were going to be writing rules and by-laws and
not hearing complaints, but tonight they are here
to serve “due process' on a complaint. It was
also explained that there would no longer be elections
for the Chief's position; the commission has the job
to appoint a Chief, which they have been working toward
since December. The fire department members have also
been working on job descriptions since January, and
after the job descriptions were approved they would
be posted. In spring, interviews by an unbiased panel
will be held. The commission would then make recommendations
to the joint Village and Town boards (for approval)
for the following positions and years of appointment
- Chief (5 years), Assistant Chief (4 years), Deputy
Chief (4 years), Captain (3 years) and Lieutenant
(2 years). However, in order to move ahead, the commission
needs to get to hearing tonight's complaint.
The next agenda item was communications to the commission.
President Tim Whitham read an anonymous letter addressed
to the commission. A letter by Watertown resident,
Andrea Walsh, was also read. Tim informed the commission
that he had been sent numerous e-mails and voice mails,
including a call at midnight from an inebriated person.
Tim is trying to get the e-mails recaptured to share
with the commission, but many were sent from fake
e-mail addresses and wouldn't allow him to open/print
them.
Tim read agenda item seven (7) that upon a motion
duly made and seconded the commission may convene
into closed session pursuant to Section 19.85(1)(a)(b)(f)
of the Wisconsin Statutes to consider formal charges
of misconduct filed by Fire Chief, John Haase, against
firefighter David DeCono. David DeCono has the right
to request this portion of the meeting be conducted
in open session pursuant to Section 19.85(1)(b) of
the Wisconsin Statutes. President Whitham read the
following letter of reprimand:
February 22, 2010
TO: Dave Decono, Captain, Clyman Fire Dept.
FROM: John Haase, Fire Chief, Clyman Fire Dept.
RE: Suspension/Letter of Reprimand
Captain Dave Decono,
This letter is to inform you that you are being placed
on suspension from the Clyman Fire and Rescue Department
as well as a 2nd letter of reprimand being placed
in your personnel file indefinitely for the following
reasons. In previous conversations with you, I and
the Assistant Fire Chief Randy Nehls told you that
everything you do regarding the Clyman Fire/Rescue
department has to be approved by one of us before
proceeding with it. At No time did I or the Assistant
Fire Chief authorize you to release any information
to the media regarding the Assistance to Firefighters
Grant. I have not designated anyone as the Public
Information Officer within this department, which
leaves this as the Fire Chiefs responsibility to conduct
all media relations regarding this department.
Need I remind you that you are already on probation
for one year because of the Fire Truck #1781 incident
that occurred on last July 3rd, 2009. We had meetings
on 7/8/09, 9/24/09, and 1/12/10 regarding your going
around my authority as Fire Chief and my having to
repeatedly explain to you that everything needs to
go through the Chain of Command. Even with these past
meetings, you still have chosen to ignore the Chain
of Command over and over again and because you are
already on probation from a previous incident you
leave me no choice but to suspend you from the department
as I feel this is the only way I can get your attention.
I must tell you Dave that I am truly disappointed
with your actions over the past several months. You
are an officer of this department and as an officer
you are expected to behave in a manner that would
not compromise this department in any way.
It is because of your conduct unbecoming of a Fire
Department Officer and failure to follow Chain of
Command that you are being put on a 30 day suspension
from the Clyman/Rescue Department effective immediately
and this letter will remain in your personnel file
indefinitely. I expect your keys, pager and gear to
be turned in to me at the fire station while you are
on suspension.
If you are interested in appealing this decision
you must request in writing an appeals meeting of
the Clyman Fire Commission. You have 15 days from
the date listed above to submit your appeal letter.
Your appeal letter must also explain the reasons why
you are appealing.
Sincerely,
John Haase, Fire Chief
Clyman Fire Department
cc. Clyman Fire Commission
President Whitham then read the following letter
of appeal:
February 24, 2010
Village and Town of Clyman Fire Commission
P.O. Box 129
713 Morgan Street
Clyman, Wi. 53016
Attn: Tim Whitham
Subject: February 23rd 2010 - Suspension/Letter of
Reprimand
Tim;
I'm addressing this letter to your attention as Clyman
Fire Commission President. I'm requesting an appeal
meeting to a letter of suspension and reprimand I
received from John Haase Tuesday February 23, 2010.
I've attached the letter in this e-mail.
I received a letter of reprimand at 7:35 PM on Tuesday
February 23, 2010 at a meeting John Haase called to
review the 2009 grant application. I have been placed
on a 30 day suspension from the Clyman Fire and Rescue
Department effective immediately and this letter in
my personal file indefinitely for “Conduct unbecoming
a Fire Department Officer and failure to follow Chain
of Command”.
I'm appealing this reprimand on the grounds it is
totally in appropriate action on John Haase's part.
I was working under his permission to handle the grant
completion.
I'm requesting an “immediate” special
meeting of the commission to address these issues
to minimize the damage it is causing on our department.
I will be seeking legal council in this matter to
defend myself. I feel this is a deformation of character.
I have served this department as a volunteer over
the last 9 years and given my personal time and commitment
to better the community.
David DeCono - Captain - Clyman Fire & Recue
President Tim Whitham addressed David DeCono and
reiterated that he had the right to keep the portion
of the meeting to consider the formal charges against
him in an open meeting, pursuant to Section 19.85(1)(b)
of the Wisconsin Statues. David said he wanted to
keep the meeting open, so everyone could hear the
charges and be informed. Tim told David that if the
meeting was kept open it becomes part of public record,
and in the future if statements change they can be
used and could be cause for perjury charges.
Upon a motion duly made by Gene Grulke, and seconded
by Tom (Toby) Anfinson, a motion was made to keep
the meeting in open session to consider formal charges
of misconduct filed by Fire Chief, John Haase, against
firefighter David DeCono. Motion Carried. (5-Yes,
0-No) Tim informed David DeCono that he was being
charged with conduct unbecoming a firefighter and
failure to follow the chain of command. Tim said that
Chief Haase had issued the reprimand and then sent
notice to all the commission members, so they were
not surprised when they received David's letter of
appeal. Tim then asked David DeCono why he wanted
his appeal heard. David told the commission he felt
this reprimand should be dismissed. He informed the
commission that there had been a fire truck issue
last summer, but it had been resolved. David then
said that he had written a grant and was elated to
hear they had received it. He said that when he was
given the reprimand he was supposed to be at a drill
and had wanted to meet with Haase later, but he was
told they were going to discuss it (the grant) now.
David said he asked why he had just been asked to
stay, and not Marty, since he had been part of the
grant, but was told that Marty was not needed for
the meeting. David said that he then asked the Assistant
Chief, Randy Nehls, if he would feel comfortable going
into a meeting without some there to be his witness,
the Assistant Chief said “No”, so David
was allowed to bring Marty Pint into the meeting.
David said during the meeting he was asked questions
on the grant and the press release and why the Chief
and Assistant Chief were not “kept in the loop”
on information. David said he felt he was keeping
John (Chief Haase) informed and then went over a timeline
that he had printed up (David gave copies to the commission).
In the timeline, David stated that he and Marty Pint
had talked to the Chief several times and asked him
to let them keep working on the grant and the Chief
had told them to take care of it. David said it really
comes down to the fact that he submitted a letter
on the grant to the paper and then later sent the
same article to the radio station, and that is why
he was suspended. David said that he and Marty had
wanted to complete the grant process, as they had
started it, and they were going to be the ones around
for the next 10 - 20 years. President Whitham told
David DeCono that when the chief filed the complaint
he had received a copy, as that is protocol for discipline.
President Whitham asked David DeCono if he wants the
complaint completely dismissed because he felt he
kept the chief informed of the grant and in no way
meant to go around the chief. President Whitham also
said in the appeal letter that David is making a potential
claim of “deformation”, which he assumed
he meant defamation. At that point, the President
told David DeCono that he would be striking that part
of the letter of appeal, because it is a separate
issue and if Mr. DeCono wants to pursue it he would
have to file a separate complaint. David said he understood,
and was given a separate complaint form to file, if
that was his intention. The commission members were
then allowed to ask questions. Dave Beal inquired
if Marty Pint had been at the meeting when the discipline
letter was issued; he was informed that Marty was
present at the meeting. Ron Woock asked if David DeCono
and Marty Pint had been the only two (2) people to
work on the grant. David DeCono answered that there
had been help from others reviewing the narrative
and its content, but that he and Marty had done the
electronic process of submitting the grant. Tom (Toby)
Anfinson asked to see a copy of the letter/information
that was submitted to the newspaper and radio station.
President, Tim Whitham, called on Chief John Haase
and said that David DeCono said that he kept him (the
chief) informed. Chief Haase was asked to present
his information, but to keep it to the two (2) charges
of the rules that were violated, and why he felt he
had not been “kept in the loop”. Chief
Haase went over his version, he stated that the original
grant information e-mail was received by DeCono on
the 24th of December, but Haase didn't get the information
from DeCono until the next week (around the 28th of
December). Chief Haase also stated that David and
Marty had gone to the local bank to get information
to complete the banking form; however, they were unable
to obtain information because it had been determined
last fall that the only ones to deal with the bank
would be the Village President, the Town Chairman,
or the Fire Chief. On February 5, 2010, Chief Haase
called the Watertown newspaper and left them a message
that any information released pertaining to the Clyman
Fire Department had to be authorized by himself or
the Assistant Fire Chief, Randy Nehls. On February
9, 2010, Chief Haase received a call from a reporter
and answered a few questions (only spoke a minute
or two), on February 10, 2010, and article was run
on the front page of the Watertown Daily Times. On
February 11, 2010, Chief Haase call the reporter and
asked where the information had come from for the
article, as it hadn't come from him in the time they
had talked, he was informed that David DeCono had
given her the information, including the grant narrative.
On February 18, 2010, Chief Haase said that David
DeCono left him a voice message that he had called
the local radio station (WXRO) and later that day
a story was run. On February 19, 2010, Chief Haase
sent an e-mail to David DeCono that he should not
speak to any media. Chief Haase then contacted the
Assistant Chief, Randy Nehls, to be sure that he had
not authorized any of the media releases, and he had
not. A few days later the Chief and Assistant Chief
conferred that neither of them had been given information
on the grant or media releases, until after the fact
and that there was a failure to follow the chain-of-command.
The Chief and Assistant decided, since they had already
talked to David/Marty several other occasions (detailed
in the reprimand letter) on chain-of-command, that
they would have to take action. President Whitham
addressed David DeCono and asked him if a year ago
the media had called, who would have talked to them,
David told him that at an incident the incident commander
talks to the media (usually the Chief or officer on-scene
in the Chief's absence). Dave Beal asked if the previous
meetings with David DeCono and Marty Pint had been
documented, Chief Haase said there was documentation
in David DeCono's personnel file. Chief Haase told
the commission that past practice, and he has been
on the department for 35 years, has always been that
the Chief or Assistant Chief talk to the media. Gene
Grulke asked in the past five (5) years at incidents
or DNR grants who talked to media, he was told by
the Chief and David DeCono that it had always been
the Chief. Tom (Toby) Anfinson asked in the absence
of the Chief or the Assistant Chief what the practice
was; he was informed it would then be Captain or Lieutenant,
the most senior officer, down the chain-of-command.
Toby said that when he was chief it was also his practice
to give the right to speak to the media to the next
senior officer, in his absence. Dave Beal asked if
this comes as a surprise to the members, or is there
a written policy, he was informed that there was no
written policy but has been the standing practice
for at least the last 35 years.
Tim informed the attendees that the commission was
going to deliberate and their options were to throw
out the reprimand, to leave the reprimand as is, to
change the reprimand, or to continue to an evidentiary
hearing. Tim said the commission secretary would be
in the deliberations, as the minutes need to be documented,
in case the issue is taken to a court of law. Upon
a motion duly made by Tom (Toby) Anfinson, seconded
by Ron Woock, the commission convened into closed
session, pursuant to Section 19.85(1)(a)(b)(c)(f)(g)
of the Wisconsin Statutes. Motion Carried. (5-Yes,
0-No)
After deliberation, a motion was made by Dave Beal,
seconded by Tom (Toby) Anfinson, to convene back into
open session. Motion Carried. (5-Yes, 0-No) President
Whitham said that the commission had gone over their
options and come to a decision; he asked everyone
remain calm and act in a descent manner when the decision
was read. The following letter was read as the final
decision:
March 13, 2010
Captain David DeCono Chief John Haase
W5916 East Clymet Road W5905 Eagle Road
Watertown, WI 53098 Juneau, WI 53039
David DeCono and Chief John Haase,
The Clyman Fire Commission has decided there is not
enough information within the Clyman Fire Rescue By-Laws
to take your disciplinary appeal to a fire commission
hearing. Both sides of this complaint are in the right
and wrong, with this being said, effective immediately
you are re-instated into your current position and
responsibilities. The letter of reprimand issued on
February 22, 2010, will be removed from your file.
Since the rules are gray in this area the commission
still feels and believes in the merit of the Fire
Chief's position. The commission will immediately
identify policy and procedure pertaining to press
releases and chain-of-command issues. We feel that
neither party is a winner or loser in this case. Both
parties can be interpreted as being correct and incorrect.
The commission feels that in Mr. DeCono's mind he
was administering the grant and all related materials
in accordance with the Chief's directive. We also
feel that the Chief was within his power to request
all information being released through him and had
the right to suspend based upon circumvention of the
chain-of-command.
Sincerely,
Tim Whitham - President
Clyman Fire Commission
__________________ ______________
Captain David DeCono Chief John Haase
President Whitham said the commission did not feel
there was enough information to have a commission
hearing. As of this date (March 13, 2010) David DeCono
was being re-instated to his position and the reprimand
letter was to be removed from his personnel file.
Tim told everyone that the commission would immediately
being creating a policy on the release of public information.
The commission feels like both sides were right and
both sides were wrong. Motion by Dave Beal, second
by Gene Grulke, to make this the final ruling by the
commission. Roll Call vote: Tim - Yes, Dave - Yes,
Tom - Yes, Gene - Yes, Ron - Yes. Motion Carried.
The commission felt that there are many issues at
play within the department, and that is why the commission
was created. The commission said that past practice
and precedent need to remain as the practice, until
new policies and procedures can be created and documented.
David DeCono was informed that he has the right to
appeal the decision; if an appeal is his intent he
has five (5) days to inform the secretary so she can
turn the case records over to the Wisconsin Circuit
Courts. David DeCono addressed the commission and
said he feels this was the appropriate action and
he agreed that nobody wins or loses in this situation
and that the department needs to get back to being
unified. President Whitham told all the attendees
that the commission wants to be clear that Chief Haase
is the sitting Chief and he has the right and expectations
of being in command, he also has the right to start
setting policy and procedures, and he also has the
power to discipline. Whether or not the membership
like the Chief or not, the Chief has the power to
make decisions on behalf of the organization. President
Whitham asked Chief Haase and David DeCono to come
forward, each was given a copy of the letter of determination,
and each was asked to sign the original letter.
In the next order of business, President Tim Whitham
said that he and Vice-President Dave Beal addressed
the fire department membership (about 15 members attended)
on Tuesday, March 9, 2010. Tim said that it was apparent
that some people didn't understand the purpose of
the commission so they explained the principles, purpose
and practices of a fire commission. Tim said he also
explained to the membership that the Fire Chief still
has disciplinary powers. It was also discussed that
the commission wants the membership to come together,
and assist in writing the policy and procedures for
the future.
President Whitham moved to table the rest of the
agenda - #11 - Discussion/Creation and potential approval
of job descriptions, #12 Discuss/Approve the job posting
and filling policy, and #13 Review/Finalize officer
employment timeline, to a future meeting.
Secretary, Amy Nehls, will contact the commission
members, within the next five (5) days, to setup the
next commission meeting.
Agenda items for the next commission meeting are
the ones that were tabled earlier: Discussion/Creation
and potential approval of job descriptions, Discuss/Approve
the job posting and filling policy, and Review/Finalize
officer employment timeline.
Motion to adjourn made by Ron Woock, second by Dave
Beal. Motion Carried. (5-yes, 0-No) Meeting adjourned
at 8:00pm. |
__________________________________________________________________________ |
Clyman
Fire Commission
Clyman, WI
AGENDA
Thursday, December 17, 2009
- 7:00 PM
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
a.Posting for town @ post office in place of Hwy 60
location until May
3.Discuss/Approve attendance at Wisconsin EMS Association
(WEMSA) conference
4.Upon a motion duly made, seconded, and carried,
the Commission may convene into closed session for
the purpose of discussing the salary and performance
for 1st Responder treasurer in 2009. Selected to appear
Fire Chief, and First Responder Coordinator.
The meeting is closed pursuant to Section 19.85(1)(c),
of the Wisconsin Statutes.
Immediately following the closed session, the Commission
will reconvene in open session, to consider the following
matters:
5.Action from closed session:
a.Determine salary of 1st responder treasurer for
2009
6.Discussion/Creation and potential approval of
job descriptions
7.Discuss/Approve the job posting and filling policy
8.Discuss/Determine officer employment timeline
9.Discussion/Creation of department rules and policies
& employee handbook
a.Discussion/Creation and potential approval of Drug
& Alcohol Policy
b.State Firefighter Statutes (Comm. 30 & Occupational
Work Policy)
10.Discussion/Creation of Plan of Work
11.Validation of current members drivers licenses
12.Future meetings:
a.Schedule next meeting and 2010 meeting dates
b.Schedule meeting with Commission President and employees
at fire station
13.Future agenda items
14.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
_______________________________________________ |
Clyman
Fire Commission
Clyman, WI
AGENDA
Wednesday, November 11, 2009
- 7:00 PM
Clyman Village Hall
1.Call to order; roll call
2.Statement of public notice
3.Swear in Commission member Ron Woock
4.Upon a motion duly made, seconded, and carried,
the Commission may convene into closed session for
the purpose of interviewing Joint Board Representatives
in reference to the forming of the commission: selected
to appear Village Board President and Town Board Chair
or their designee, Fire Chief, and First Responder
Coordinator. Discussed will include employment and
performance review of Fire Chief and First Responder
Coordinator, the appropriate command structure for
the fire department which will include line officer
qualifications and interview options.
The meeting is closed pursuant to Section 19.85(1)(c),
of the Wisconsin Statutes.
Immediately following the closed session, the Commission
will reconvene in open session, to consider the following
matters:
5.Action from closed session:
a.Determination of acting or appointing the Fire Chief
and First Responder Coordinator
b.Determine Number of Line Officers
c.Set date to interview for Officers
6.Overview statement of commissions purpose
7.Merging Fire Department & First Responders into
1 agency
8.Creation of Job Descriptions
9.Creation of department rules and policies
10.State Firefighter Statutes (Comm. 30 & Occupational
Work Policy)
11.Employee Handbook
12.Plan of Work
13.Validation of current members Drivers Licenses
14.Future Meetings:
a .Schedule next meeting
15.Future Agenda Items
16.Adjourn
NOTICE: It is possible that members of, and possibly
a quorum of, other governmental bodies of the Village
and Town may be in attendance at the meetings above
to gather information. No action will be taken by
any governmental body at the meetings above other
than by the governmental body specifically referred
to in the above notice.
Note: Any person wishing to attend who, because of
disability, requires special accommodations, should
contact the Clyman Village Clerk at (920) 696-3444,
with as much advanced notice as possible, so appropriate
arrangements can be made. |
___________________________________________________________________________________ |
CLYMAN
JOINT FIRE COMMISSION FIRST MEETING
November 2, 2009
Clerk/Treasurer Kris Kohlhoff called the meeting
to order at 8:03 PM with Gene Grulke, Tim Whitham,
Dave Beal and Tom Anfinson present. Ron Woock was
excused. Since this was the first meeting, Ron will
need to be sworn in at the next meeting.
The first order of business was to elect Commission
officers. Gene Grulke nominated Tim Whitham as Chairman.
Seconded by Tom. Motion carried. Tim Whitham nominated
Dave Beal as Vice Chairman. Gene Grulke seconded.
Motion carried. The Commission would like to appoint
their own clerk. They will provide the clerk with
the information that needs to be disseminated. Dave
Blank recommended that Amy Nehls be appointed clerk
as a non-voting member. The Commission Members are
aware of the fact that she has relatives within
the department. It was pointed out that in the event
issues deal with her relatives or it is felt that
there is a conflict of interest, she will be asked
to leave the meeting. Motion by Gene/Tom to appointed
Amy Nehls as Clerk. Motion carried.
Tim indicated that he feels the past is the past.
If the members involved with past incidents wish
to appeal to the Commission, they can, however it
is hoped they can get past this and get the commission
going. The Commission will need to verify the position
of chief, the officers and core group. These will
need to be discussed with the Village President
and Town Chair and the Commission will take direction
from there. The Commission will also need job descriptions
and rules and regulations from both departments.
They would like to see a set of the current bylaws
and constitution. Fire Chief John Haase indicated
that the current bylaws and constitution were intermingled
with the Fire Association and the Fire Association
is now a separate entity. John would like to keep
these separate entities. The Association was created
in 1909 and members were assessed a fee to belong
to the association. The Association turned into
a fund raising entity. The new Fire Association
will run under a separate tax ID number and anyone
can be a member of the Fire Association. Dave Beal
feels that it will be helpful to know what has been
done in the past. John Haase advised that there
is a yearly election of the officers. The training
officer, safety officer, truck captains and lieutenant
are appointed by the officers. The Fire Department
has four positions that are elected and the First
Responders have four positions that are elected
now also. John Haase gave the Commission a copy
of the current bylaws and constitution but advised
that these were never voted on by the members.
Gene Grulke asked about a time frame for the revision
of the constitution and bylaws. It was felt that
whatever it takes to get a good set of rules. The
First Responders are covered under the Fire Department
rules. The Commission will provide a guideline or
outline for the Departments to work off. The Departments
will have input as well. Tim indicated that the
officers have to be figured out and the Village
and Town have to figure out how they want this handled.
Village President Jeff Wagner indicated that he
felt the commission should interview for the officers
and make a recommendation to the board. The Departments
should write some of the procedures so that they
can be followed by the Departments. The commission
will offer their assistance to the officers and
go from there. John Haase indicated that the Standard
Operating Guidelines are 20 years old. Lorrie Hartman
indicated that the First Responders have a set of
SOG’s they are working on however theirs are
guided by the State.
The next meeting’s agenda will include convening
into closed session to determine the appropriate
command structure for the fire department and to
determine line officer qualifications and interview
options. The Commission will also look at the creation
of job descriptions and the creation of department
rules and policies.
The Commission would like to have a set of Standard
Operating Guidelines from both Departments by that
time.
The next meeting date will be November 11 at 7:00
at the Clyman Village Hall.
Motion by Gene/Dave to adjourn. Motion carried.
Meeting adjourned at 8:29 PM.
Respectfully submitted:
Kris Kohlhoff
Village of Clyman Clerk/Treasurer
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