9.2. SR 07-16-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Mayor and City Council
Item Number
9.2
Agenda Section
Work Session
Meeting Date
July 16, 2018
Prepared by
Cal Portner, City Administrator
Item Description
Chief Cunningham Severance Request
Reviewed by
Peter Beck, City Attorney
Reviewed by
Action Requested
Provide staff direction
Background/Discussion
Attached is a letter and backup information from former Chief Cunningham requesting additional severance pay
due to the amount of time he served as the On Call Duty Officer early in his career with the City of Elk River.
Former Chief Cunningham has engaged an attorney to represent his interests.
A couple of items to note:
1) The fire chief position is a salaried FLSA Exempt position, i.e. non-overtime earning position.
2) When he was hired we had a policy in which exempt employees accounted for their hours after 40 hours per
week and could take up to 8 hours off once per week. Due to staffing levels and workloads, very few took
time off and we generated large accruals which were never utilized. I ended the program shortly after
beginning work here because I find it inconsistent with FLSA which may have created legal liability and I
thought it was a drain on morale.
3) The fire chief salary was reviewed before going to market to test for competiveness as are all wages before
we open a hiring process for his recruitment.
4) In our compensation plan, the directors fall into different pay bands. While the fire chief pay grade isn’t in
the highest director band, it isn’t in the lowest pay band.
5) The management reorganization I put in place did add additional personal/programs for the fire chief to
oversee. However, I feel his supervisory span of control is well within reason in comparison to his peers.
Compensation plans generally provide for increases for authority/accountability changes and do not
measure how busy one becomes.
6) As the department director, he was responsible for his own programs, policies, and scheduling. We had
multiple conversations regarding the program during my first 9 months here. He also indicated he had
previous conversations with the former administrator and the interim administrator. I didn’t find the duty
officer program as important as he did and his feelings of necessity didn’t drive him to incorporate changes
to require duty officer shifts.
N:\Public Bodies\Agenda Packets\07-16-2018\Final\Laserfiche\9,2 sr Cunningham request.docx
7) Until ordinance changes were made by the Council, the operations of the fire department were controlled by
policy of the Elk River Fire and Ambulance Board. The fire chief had sole control over assets and facilities,
not personnel.
8) The full-time city fire marshal was also an officer and an exempt employee.
If after reading the Chief’s request you would like to accommodate some or part, following are my thoughts
to justify your actions.
Regarding Chief Cunningham’s request, the council may, but is not obligated, to make a severance
adjustment. Following are a recommendation for the Council to consider if it so chose to make an
adjustment.
1) When Chief Cunningham was hired, the past practice was for chiefs to be first responders. Apparently,
Chief West was a very active responder.
2) The number of hours listed are only hours spent on call as a duty officer. If a call came during a shift, there
was a 1-hr minimum at the firefighter rate. The scheduling software doesn’t break it out differently. This
explains why there were differing annual call hours. 2011 had 5,640 duty officer hours available to start the
year.
3) There were 8 other officers who should have been available for duty officer. With the active chief, all hours
at a minimum should have been equally split by them or roughly 5 weeks per year for 7 officers and 6 weeks
for 2 officers. Each week is 108 hours of a duty officer schedule.
4) It should be noted he pulled on average 5 duty officer shifts per year after I took him off the schedule in
September of 2012. As the department head, I would expect that he’d be a fill in for absences at some point.
5) If the two exempt, regular, full-time employees each pulled the extra shifts the 2011 expectation would have
been 648 hours at $4.50 or $2,916. August to December of 2010 left 23 weeks or 2 weeks each with 5
officers working the extra week. Again 3 weeks equate to 324 hours or $1,458. 2012 had 36 weeks until my
memo removing the chief from the rotation schedule. Over this period of the scenario he would have been
responsible for 4 weeks or 432 hours and $1,944.
6) If you follow my logic, this accounts for 1,404 hours or $6,318 in additional compensation.
If you have a different method, we can work through this in a work session. If you are comfortable with my
process I can add it to a consent agenda in July. Lastly, we have no further financial obligation so if you chose to
do nothing, I can relay that message as well.
Financial Impact
N/A
Attachments
Cunningham request
May 31, 2018
Cal Portner, City Administrator
City of Elk River
13065 Orono Parkway NW
Elk River, MN 55330
Dear Mr. Pormer,
I am writing to request that the city formally consider a request to include additional compensation
as part of my severance pay to account for the very unique circumstances that I found myself in
during the tenure of my employment.
When I began employment with the city in September, 2009, the city had recently implemented a
Duty Officer program ("program"). The program was designed to ensure that a ranking Fire
Department officer was formally "on-call" during the nights and weekends, timeframes in which
there was no full-time personnel working. The program still exists today and has been extremely
beneficial. It has ensured that an immediate, rapid response of a ranking officer is able to initiate
incident command and coordinate responses — a critical task for a safe and successful fire
department response. While it has under gone changes and revisions, part-time on-call officers are
compensated $4.50/hour for being on call. The program runs weeknights (Mon-Thurs, 6 p.m. -6
a.m.) and (weekends, Fri 6 p.m. -Mon 6 a.m.). The on-call nature of the program has yielded great
results and resulted in significant cost savings to the city compared to other duty -crew or full-time
staffing models.
As you recall, we experienced a number of personnel and organizational challenges early in my
tenure as the city's fire chief. The most significant impact this had on me personally was having to
take a majority of the on-call Duty Officer shifts through the end of 2012. City administration,
including the former city administrator and interim city administrator, was committed to the
program and directed that the program continue, despite problems filling after-hours shifts with on-
call officers. The result was that I personally had to be on-call for 4,729 hours during the timeframe
of August 2010 -December 31, 20121. To this day, I have the second highest recorded number of
Duty Officer hours compared to any current or former part-time officer. I have received no
additional compensation for this assignment and did not flex any regularly scheduled hours in
exchange for being on-call. City administration and the City Council was aware of the additional
workload. This responsibility was not part of the job description or hiring process.
I The Fire Department began using FireManager in August 2010. The City Administrator specifically directed in writing
that the Fire Chief was exempt from Duty Officer shifts in a memo on September 13, 2012. Participation in the
program since then has been entirely voluntary.
13073 Orono Parkway
Elk River, MN 55330
763.635.1100 P 0 1 Y I t l B Y
www.ElkRiverMN.gov/Fire
In 2012, as part of a Council -approved city-wide reorganization, the city's Building Safety and Code
Enforcement Divisions were merged into the Fire Department which expanded the scope of my
management responsibilities, number of direct reports, and the overall mission of the Fire
Department. While requested, my position description was never updated and the pay classification
was never reviewed due to delays in completing the citywide compensation study. Despite being the
current longest -tenured department director, my annual salary is (and has been) significantly less
than other directors.
The city greatly values the contributions its employees make each and every day; I have been proud
to be part of an organization that cares deeply about its people and treating everyone equally and
fairly. I do not feel, nor is there any evidence to support, that providing additional compensation as
part of my severance would be setting any type of precedent and is rather only fair and equitable.
There have been very unique circumstances in my position, unlike that faced by any other
department director, that have impacted both my professional and personal life.
I hereby request an additional $21,280.50 added to my severance package (4,729 hours x $4.50). Fire
administration staff can independently verify the shift calendar via FireManager if required.
Sincerely,
J
T. John Cunningham
Fire Chief
Cc: Lauren Wipper, Human Resources
Summary of Duty Officer Shifts (by year)
Range
Weekday
Weekend
Holiday
Total
2010 (Aug -Dec)
204
324
45
573
2011
698
950
36
1,684
2012
1,011
1,461
0
2,472
2010-2013 Total:
4,729
2013
52
164
18
234
2014
41
58
35
134
2015
69
23
0
92
2016
0
0
0
0
2017
48
84
0
132
2018
36
0
0
36
2013-2018 Total:
628
5/31/2018
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Aug 2, 2010 at 12a to Dec 31, 2010 at 11p
Displaying Scheduled Hours (Schedules: Duly Officer, Positions: Duly Officer)
Member Filler: is'AcWe'
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5. Lieutenant
0 0
0
0
Anderson, Cliff
144 128
18
290
Cunningham, T. John
204 324
45
573
Curbs, Chris
78 96
80
254
Everson, Jae
0 0
0
0
Fosdick, Krystal
0 0
0
0
Hoffman, Zech
0 0
0
0
Lees. Mark
0 0
0
0
Libor, Joe
0 0
0
0
Libor Jr.. Joe
0 0
0
0
Marchiafava. Ti.
0 0
D
0
Smith, Jeff
0 60
0
60
Surratt, Aaron
0 0
0
0
TOTALS: 426 608
143
1177
haps:llsecure5.aladtec.com/elkrivertiindex.php?action=manage_reports_view_custom_hours&pdnt_mode=l&report type=custom&new_date=2010-08-02%2000%
5/31/2018
Elk River Fire Department- Members Only - Reports
Reports - Summary Report
Jan 1, 2011 at 12a to Dec 31, 2011 at 11 p
Displaying'. Scheduktl Hours I Schedules'. Duty Officer; Positions: Duty Officer )
Member Fiker: is'Acthss'
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5, Lieutenant
0 0
0
0
Anderson, Cliff
420 315
0
235
Cunningham,T John
698 950
36
1684
Curtis, Chris
243 830
a
1573
Evanson, Joe
0 0
0
0
Fosdick, Krystal
0 0
0
0
Hoffman. Zach
0 0
0
0
Lees, Mack
0 0
0
0
Libor. Joe
0 0
0
0
Libor Jr., Joe
0 0
0
0
Marchiafava, Tim
0 0
0
0
Smith, Jeff
199 144
0
343
Surraff, Aaron
0 0
0
0
TOTALS: 2060 2239
36
4335
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_view_cuslom_hours&pdnt_mode=l &report_type=custom&new_date=2011-01-01 %2000°/
5/31/2018
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Jan 1, 2012 at 12a to Dec 31, 2012 at 11 p
Displaying: Scheduled Hours ( Schedules: Duly Officer: Positions: Duty Officer I
Member Fitter: is "Active"
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5. Lieutenanl
0 0
0
0
Anderson, Cliff
184 89
0
273
Cunningham. T. Jahn
1011 1461
0
2472
Cuts, Chris
727 653
0
1390
Evenson, Joe
0 0
0
0
Fosdick, Krystal
0 0
0
0
Hoffman, Zach
0 0
0
0
Lees. Mark
0 0
D
0
Libor. Joe
0 0
0
0
Libor Jr., Joe
0 0
0
0
Marchiafava, Ten
0 0
0
0
Smith, Jen
60 50
0
110
Soman, Aaron
0 0
0
0
TOTALS: 1982 2263
0
4245
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_view_custom_hours&pdnt_mode=l &report_type=custom&new_date=2012-01 Al %2000°%
5/31/201 £
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Jan 1, 2013 at 12a to Dec 31, 2013 at 11p
Displaying. Scheduled Hours ( Schedules: Duty Officer; Positions: Duty Officer )
Member Filler: is 'Active
Scheduled Hours
Member
Weekday Weekend Holiday
Total
S. lieutenant
0 0
0
0
Anderson, Cliff
348 348
24
720
Cunningham,T John
52 164
18
234
Curtis. Chris
499 895
54
1448
Evanson, Joe
0 0
0
0
Fosdlok. Krystal
0 0
0
0
Hoffman, Zach
0 0
0
0
Leas, Mark
0 0
0
0
Libor Joe
0 0
0
0
Libor Jr., Joe
0 0
0
0
Marchiafava, Tm
0 0
0
0
Smith, Jeff
282 168
6
456
Surras, Aeon
0 0
0
0
TOTALS: 1181 1575
102
2858
https://Secure5.aladtec.com/elkdver/index.php?action=manage_ reports_view_custom_houm&print_mode=1 &report_type=custom&new date=2013-01-01%2000%
5/31/2018
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Jan 1, 2014 at 12a to Dec 31, 2014 at 11p
Displaying. Scheduled Hours ( Schedules: Duly OMcer, Positions: Duty Officer )
Member Fitter: is'Active'
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5, Lieutenant
6 0
0
0
Anderson, Cliff
262 216
6
484
Cunningham, T Jahn
41 58
35
134
Cuhis, Chris
417 611
85
1113
Evenson, Joe
258 368
36
662
Fosdick, Krystal
0 0
0
0
Holman, Zech
0 0
0
0
Lees, Mark
282 312
54
648
Libor, Joe
0 0
0
0
Libor Jr., Joe
0 0
0
0
Marchiarava, Tim
294 522
24
840
Smith, Jeff
282 120
6
408
Surrae, Aaron
0 0
0
0
TOTALS: lam 2207
246
4289
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_view_custom_hours&print_mode=1 &report_type=custom&new_date=2014-01-01 %2000%
5/31/2018
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Jan 1, 2015 at 12a to Dec 31, 2015 at 11p
Displaying: Scheduled Hours (Schedules: Duty Ducar i positions: Duty Officer)
Member FIHer: is 'Active"
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5, Lieutenant
0 0
0
0
Anderson, Chia
240 307
0
547
Cunningham,T John
69 23
0
92
Cuts. Chris
510 278
0
788
Evenaon, Joe
326 456
0
782
Freda, Krystal
0 0
0
0
Hoffman, Zach
0 0
0
0
Lass. Merle
360 264
0
624
Dbor. Joe
137 144
0
281
Libor Jr., Joe
0 0
0
0
Marchiafava, Tim
289 670
0
959
Smith. Jeff
240 306
0
546
Suoaa, Aaron
0 12
0
12
TOTALS: 2171 2460
0
4631
https://secure5.aladtec.com/elkriver/indox.php?acbon=manage_reports_view_custom_hours&print mode=l&report_type=custom&new_date=2015-01-01%2000%
5/31/2018
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Jan 1, 2016 at 12a to Dec 31, 2016 at 11p
Displaying: Scheduled Hours ( Schedules: Duly Officer; Positions: Duty Officer )
Member Filter: is 'Active"
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5, Lieutenant
0 0
0
0
Anderson. Chu
256 359
0
615
Cunningham, T. John
0 0
0
0
Curtis, Chris
348 387
0
735
Evanson, Jae
336 389
a
725
Fendick, Krystal
0 0
0
0
Herman, Zach
0 0
0
0
Lees. Mack
310 348
0
658
Dbor. Joe
408 553
0
961
Libor Jr., Joe
0 0
0
0
Marchiafava, T.
410 462
0
872
Smith, Jeff
276 198
0
474
Surrar. Aaron
0 0
0
0
TOTALS: 2344 2696
0
5)40
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_ view_ custom_ hours&print_mode=1 &report_type=custom&new date=2016-01-01%2000%
5/31/2015
Elk River Fire Department - Members Only - Reports
Reports - Summary Report
Jan 1, 2017 at 12a to Dec 31, 2017 at 11p
Displaying: Scheduled Hours ( Schedules: Duty Officer: Positions: Duty Officer)
Memher Filter. Is 'Active"
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5, Lieutenant
0 0
0
0
Anderson, Cliff
300 228
0
528
Cunningham, T. John
48 84
0
132
Come Chris
252 108
0
360
Evenson, Joe
312 390
0
702
Fosdick, Krystal
0 0
0
0
Hoffman, Zsch
60 120
0
180
Lees, Mark
334 384
0
718
Dbor, Joe
414 420
0
834
Libor Jc, Joe
84 126
0
209
Marchiafav, Tim
339 624
0
963
Smith, Jeff
288 360
0
648
Soared , Aaron
0 48
0
48
TOTALS', 2431 2891
0
5322
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_view_custom_hours&pdnt_mode=l &report_type=custom&new_date=2017-01-01 e/ 2000
5/31/2018 Elk River Fire Department - Members Only - Reports
Reports - Summary Report
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_view_custom_hours&pdnt_mode=l &report_type=custom&new_date=2018-01-01 %2000%
Jan 1, 2018 at 12a to Dec 31, 2018 at 11 p
Displaying: Scheduled Hours ( Schedules: Duty Officer, positions: Duty Officer )
Scheduled Hours
Member
Weekday Weekend Holiday
Total
5, Lieutenant
0 0
0
0
Anderson. Cliff
216 360
0
576
Cunningham, T. John
36 0
D
36
Curtis, Chns
278 241
0
519
Evanson, Jae
276 359
D
635
Fosdick, Krystal
0 0
0
0
Hoffman, Zack
264 348
0
612
Lees, Mark
300 360
0
660
Ul,or, Joe
324 492
0
816
Libor Jr.. Joe
281 246
0
527
Marchiafava, Tm
325 360
0
685
Smith, Jeff
264 360
0
624
Sunda, Aaron
0 0
0
0
TOTALS: 2564 3126
0
5690
https://secure5.aladtec.com/elkriver/index.php?action=manage_reports_view_custom_hours&pdnt_mode=l &report_type=custom&new_date=2018-01-01 %2000%
5/31/2019 Elk River Fire Department - Members Only - Reports
Reports - Summary Report
haps://secures.aladtec.com/elkriverlindex.php?acbon=manage_reports_view_custom_hours&pdnt_mode=l &report_type=custom&new_date=2010-08-02%2000°/a
Aug 2, 2010 at 12a to
Dec 31, 2018 at 11 p
Displaying: Scheduled
Hours ( Schedules: Duty
Officer; Positions: Duty Officer,
Shadow )
Scheduled Hours
Member
Weekday
Weekend Holiday
Total
S. Lieutenant
0
0
0
0
Allman, Cory
0
0
0
0
Anderson, Cliff
2370
2350
48
4768
Anderson, George
372
493
18
883
Crime. Jeremy
1291
2269
42
3602
Collins, Phil
524
1132
6
1662
Cre,ii Mike
0
0
0
0
Cunningham, John
0
0
0
0
Cunningham,T John
2159
3065
134
5358
Curtis, Gbds
3854
4109
220
8183
Decathe9ceau, Owen
0
0
0
0
DekdOne, Mike
0
0
0
0
Ditlbennea Nate
0
0
0
0
DiMennep Stave
0
0
0
0
Elllott, Terry
563
564
0
1127
Everson, Joe
1508
1963
36
3507
Fosdick, Krystal
0
0
0
0
Haase, Katie
0
0
0
0
Hildebrandt, Jim
892
991
0
1883
Hoffman, Zech
443
528
0
971
King, Dave
0
0
0
0
Krause[ Dan
48
192
0
240
Lees, Mark
1586
1666
54
3308
Liboa Joe
1284
1609
0
2893
Libor Jc, Joe
389
487
0
876
Lore, Gary
402
138
6
546
Marchiafava, Turn
1657
2638
24
4319
Nicks, Tristan
0
0
0
0
Niemela, Rich
0
6
0
0
Olson, Steve
0
0
0
0
Peterson, Chad
0
0
0
0
Richardson. Mark
0
0
0
0
$chipper, Michael
0
0
0
0
Schmid, Scott
0
0
0
0
Smith, Jeff
1891
1766
12
3669
Suraff, Mom
0
60
0
60
Wolcenski, Ryan
0
0
0
0
Ziartlen, Cory
0
0
0
0
TOTALS: 21233
26022
600
47855
haps://secures.aladtec.com/elkriverlindex.php?acbon=manage_reports_view_custom_hours&pdnt_mode=l &report_type=custom&new_date=2010-08-02%2000°/a
MEMORANDUM
►Z 1
TO: John Cunningham, Fire Chief
FROM: Cal Portner, City Administrator
DATE: September 13, 2012
SUBJECT: Duty Officer
At the September 5, 2012, Fire Service Task Force (FSTF) Meeting, the FSTF had further discussion on
the current Duty Officer Program.
The FSTF directed me to meet with the department officers to resolve differences in the administration of
the existing Duty Officer Program. Following two meetings with the officers to discuss the Duty Officer
Program, I found the only resolution the officers would accept as a remedy would be to include the Duty
Officer on call pay of $4.50 for the period in which the on call Duty Officer was participating in a
firefighting event.
On September 5, I presented my findings to the FSTF which included historical information and
comparative information from peer fire departments with similar Duty Officer Programs. It was with
consensus of the FSTF and the firefighters in attendance that I was directed to dispose of the duty officer
program issue.
Therefore, with respect to the FSTF and the firefighters in attendance at the meeting of September 5,
2012, I impose the continuation of the existing Duty Officer Program through December 31, 2012, with
the following amendments:
1) All Elk River Fire Department Officers will be accountable for equal shares of duty officer shifts
through December 31, 2012.
2) A shift bidding system will be implemented to provide a reasonable and fair selection of shifts in
accordance with rank and seniority, if provided.
3) All shifts not filled through the bidding shall be assigned by the Fire Chief.
4) Shifts may be traded or covered by other qualified officers after all shifts are equally divided among
officers. The originally -assigned officer is ultimately responsible for shift coverage.
5) The Fire Chief is exempt from Duty Officer shifts.
6) The existing Duty Officer Program will terminate on December 31, 2012, to be replaced by a newly -
developed program with pay schedules and work responsibilities consistent with peer departments.
There shall be no expectation or prejudice with regard for past practice for the development and
implementation of the next iteration of the Duty Officer Program.
PAY'EAEA Ar
HAN1y Documents\Memos\Duty Officer Resolution Sept 2012.docx Np TU
7) Failure to comply with the requirements of the Duty Officer Program and amendments shall result
in disciplinary action up to and including termination.
Funds for the existing Duty Officer program are budgeted and approved by the Elk River City Council for
the budget year 2012. To date, the Duty Officer program has operated continuously with coverage for
unfilled shifts by the Fire Chief.
H:\My Documents\Memos\Duty Office[ Resolution Sept 2012.docx