Decision to terminate employment could be appealed

By Chad Koenen

Publisher

The Henning City Council has notified deputy clerk Joseph Miller of its intent to terminate his employment with the City of Henning. The decision came after allegations and charges against Miller were addressed by the city council during a public hearing last Monday night.

Miller, who was in attendance but not allowed to speak during the hearing, opted to keep the meeting open to the public as opposed to having a closed public hearing. 

City clerk/treasurer Jenna Kovarik presented information regarding Miller’s employment to the city council and said he has been written up three times dating back to April 2023, February 2024 and as recently as the middle of May for everything from having a not positive attitude, sharing confidential information with another resident and taking the name off a utility bill without prior consent. 

Kovarik said there have been several other instances that were not formally written up as well for things like job searching for other positions on city time, not doing deposits in a timely manner and errors in utility bills. She said the personnel committee has also met with him about several of the incidents. 

“We have had issues with not running late fee calculations, not doing deposits when asked, several occasions of job searching while on city time, printing out job applications for other job positions on city time and city paper,” she said. 

City councilman Travis Nelson, who is also on the personnel committee, which has met with Miller after the formal write-ups, said “it’s a hard decision” to decide whether to let Miller go or not. However, he added “I feel that all of the write ups were legitimate.”

City councilman Scott Hart said he would like to see Miller given another 30 days to correct the issues that were raised, especially since the city just hired a new part-time office staff member to help with the growing list of things the staff members do each day. If the issues were not corrected in 30 days, he said he would be in favor of letting Miller go.

One of the issues facing the city council was Kovarik informed them that several of the incidents were still happening in the days leading up to the city council meeting, even after a new part-time employee started working in the city office. She said the overall moral of staff has also been wanning due to Miller.

“We can only try so hard and it is not being fixed,” she said. 

While initially agreeing with Hart to give Miller another 30 days to address the issues that have been raised, city councilwoman Mallory Loock eventually seconded Nelson’s motion to send Miller a notice of intent to terminate his employment. 

“My gut is telling me we can’t keep going on like this. Something needs to change,” she said. 

As a veteran, city attorney Tom Jacobson said Miller has the right to request a hearing to challenge the decision to terminate his employment. He said the city council can send Miller a letter of its intent to discharge his employment and he will essentially be placed on paid administrative leave until a hearing can be held regarding the decision to terminate employment, if one is requested by Miller. 

“Your decision tonight would not necessarily be to immediately discharge, it would tell him that is what you intend to do and explain his hearing rights,” said Jacobson. 

On a 3-1 vote, with Hart voting in dissent and Loock, Nelson and Robert Johnson voting in favor, the city council approved sending Miller a notice of intent to terminate his employment. 

Miller was put on paid administrative leave for up to 30 days to allow him the opportunity to request a hearing by an independent panel. If he challenges the city council’s decision, he will remain on paid administrative leave until the hearing. If he does not challenge the city council’s decision his employment will be terminated at the end of his 30 days.

In other news

• Approved paying $5,000 for landscaping needed for the new Henning Skate Park. The Henning Skate Park committee is in need of raising $9,100 to complete the first phase of the project and had asked the city council to cover the excavation portion of the project to help move the construction process along. The plan is to have the equipment in place sometime in late July or early August.

• Discussed the need for a drainage plan for a proposed small campground at the Henning Festival grounds. The plan is to have electrical hookup spots for campers during the summer months.

• Approved purchasing new fences for the Henning softball fields. An expansive softball field restoration project is being planned for later this summer, which includes new fencing, changing the layout of the fields and potentially installing irrigation. Much of the project will be paid through grants and donations, but the city had agreed to purchase some of the fencing to contribute to the project.

• Heard the Henning Ambulance Service has responded to 202 calls for service already this year and are 43 calls ahead of last year’s pace. 

• Heard a request from Jason Gilsdorf to construct a hanger at the Henning Airport. He has a PA-14 airplane and recently moved back to the area. 

• Head the Willow Creek employees will be paid 100 percent of their vacation time and will receive severance pay based on the amount of time they have worked at Willow Creek Assisted Living when the facility is sold to St. William’s Living Center in Parkers Prairie this summer. The decision follows the city’s policy book regarding employment.