6-21-04 specialJune 21, 2004
On the above date New Scandia Town Board held a special meeting requested by Brian Jemelka
Public Works Employee to appeal the disciplinary action taken by New Scandia Town Board
against Mr. Jemelka on June 15, 2004. The following Town Board Members were present:
Chairman Dennis Seefeldt, Vice Chairman Michael Hinz, Lisa Crum, Blair Joselyn and Nancy
Madden.
Chairman Dennis called the meeting to order. Mr. David Hebert Township Attorney reviewed
the following proceedings: On June 15, 2004 the Town Board held a closed meeting for
preliminary consideration of discipline action for Mr. Jemelka. The Board then opened the
closed meeting for consideration of charges and discipline. It was determined that discipline was
warranted due to the following charges:
(1) Wood from a fallen tree was taken from a property owner and converted to personal use
without the consent of the owner. Employee acknowledged the wood was taken using
Township equipment on Township time. Mr. Jemelka was directed to return the wood
that was taken in full, but substituted some lesser quality wood.
(2) Used Township equipment to pull a downed tree from private property, rather than cut
end it in the road right-of-way.
(3) Failed to keep work area in a neat, clean and orderly manner. Allowed hazardous
condition to exist by not cleaning up spilled oil, shovels allowed to lie on floor so that
they could be stepped on causing injury to persons. Hoses were allowed to lie about
on the floor so that they could be stepped on causing injury to persons. Allowed
sexually demeaning calendar and women's under garments to be displayed in work
area. Displayed obscene gesture on Township vehicle.
(4) Charge one (1) was supported by a complaint letter from Mr. Fred Heinonen property
owner of the wood as well as a oral statement was made part of the record and will be
incorporated in this hearing.
(5) Charge three (3) was supported by inspections and pictures which will be incorporated
in this hearing.
(6) Mr. Jemelka has received prior discipline with oral and written reprimands.
(7) Town Board determined that conduct warranted 3 day suspension without pay on Julie 23,
24, and 28`". Wood is required to be returned to landowner in "Charge One". Mr.
Jemelka must write an apology to Mr. Heinonen the property owner. Mr. Jemelka
is required to clean up the work area and prohibited to use Township equipment
for personal use.
(8) On page 3 of the Personnel Policy it states that an employee is allowed to request a
hearing in the case of a suspension. Mr. Jemelka has requested a hearing, which
has been scheduled for this time.
New Scandia Town Board
Special Meeting/Hearing
June 22, 2004
Paged l
The record should reflect that the foregoing Statement of Proceedings, letter of complaint, oral
statements of complainant and pictures of work place are made a part of the record of this
hearing.
Michael Binz made a motion to approve the review proceedings presented by David Hebert
Township Attorney. Nancy Madden seconded the motion and motion adopted
unanimously.
Mr. Jemelka stated he had spoken to Nick Young Washington County Public Works and the
County leaves the wood within the roadway. If the wood is not removed the County brings it to
the
Public Works Building and the employees can take the wood if they desire. Mr. Jemelka also
requested a written policy for tree removal. Mr. Jemelka also expressed that in twenty-nine (29)
years he has never missed a call out to an emergency.
Mr. Jemelka voiced the following allegations against three (3) other Township Employees:
Dolores Peterson
(1) Last winter Mr.Poidinger plowed Ms. Peterson's driveway.
(2) Mr. Morrison and Mr. Poidinger helped put a weather vane on the Peterson garage.
(3) Peterson's used the sprayer last summer.
John Morrison
(1) Mr. Morrison purchased safety trousers at Scandia Four Seasons.
(2) Ms. Morrison had Mr. Poidinger plow her driveway.
(3) Mr. Morrison hauled wood home with Township tractor and took some green plywood when
the Fire/Rescue and Public Works Building was being built.
Colleen Firkus
(1) Ms. Firkus was complaining about dead branches hanging over Pilar Road and the 'Township
had a large oak tree removed by Helke Tree Service. Mr. Jemelkas stated the oak tree was not
on Township property.
Mr. Jemelka made reference to Duane Thompson and Kevin Nickelson Road Supervisor's who
would meet with the employees regarding issues and now there is no communication with
anyone. He stated if he is going to receive suspension then all the employees should be
suspended without pay.
Mr. Seefeldt questioned Mr. Jemelka why he didn't contact Mr. Heinonen about removing the
tree and he said he did not know who the tree belonged to. Ms. Heinonen stated that Mr.
Heinonen asked Mr. Jemelka what he was doing, but Mr. Jemelka denied that Mr. Heinonen had
spoken to him.
New Scandia Town Board
Special Meeting
June1, 2004
Page it
Mr. Seefedlt acknowledged the allegations regarding other Township Employees and that they
are not a part of this hearing and the Town Board will investigate these allegations.
The Board Members informed Mr. Jemelka that the Township vehicle is a reflection to the
Township and reminded him that the work place shall be kept in a orderly manner at all times.
A meeting shall be held on July 6, 2004 with all the Town Board and Public Works Employees
at 7:00 a.m. at the Fire/Rescue and Public Works Building.
Nancy Madden made a motion not to change the decision of the three (3) day suspension
without pay for Mr. Brian Jemelka. Michael Hinz seconded the motion with the addition
that there have been continuous problems over the years and work reprimands. Motion
adopted unanimously.
Nancy Madden made a motion to adjourn.
Do res Peterson
6-4-��
New Scandia Township Clerk