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08-25-2008 ERMU MIN - SPECIAL ELK RIVER MUNICIPAL UTILITIES SPECIAL MEETING OF THE UTILITIES COMMISSION HELD AT UTILITIES CONFERENCE ROOM August 25,2008 Members Present: Jerry Takle,President;John Dietz,Vice Chair;Jerry Gumphrey,Trustee Staff Present: Bryan Adams,General Manager;David Berg,Water Superintendent; Theresa Slominski,Finance Director/Office Manager; Troy Adams,Engineering Manager; 1. Call meeting to order August 25,2008 President Jerry Takle called the August 25,2008,meeting to order at 4:45 p.m. 2. Interview Electric Superintendent Candidates The Commission discussed the procedure and selection process in interviewing the two candidates to fill the upcoming vacancy of Electric Superintendent. The consensus of the Commission was they will decide who is awarded the position with staff input. Interviews were conducted with the two current employees who expressed interest in this position,Wade Lovelette,Electric Line Foreman,and Mark Fuchs,Lead Lineman. After much discussion, the commission decided to award the position to Mark Fuchs by a 2 to 1 vote. The remainder of this meeting is being closed for preliminary consideration of whether an investigation is warranted into certain allegations against several ERMU employees,under Minnesota Statute 13D.05,subdivision 2(b). The subject of the meeting is to determine whether an investigation should be conducted into these allegations. If the Commission determines that the allegations are specific and serious enough to warrant an investigation,the names of those employees against whom the allegations or complaints have been made will become public as part of the information available about the existence and status of the complaints. Respe y s tt z-- iBryan Adams General Manager ELK RIVER MUNICIPAL UTILITIES SPECIAL MEETING OF THE UTILITIES COMMISSION HELD AT CITY CONFERENCE ROOM August 25, 2008 Members Present: Jerry Takle, President; John Dietz, Vice Chair; Jerry Gumphrey, Trustee. Others Present: Mark Mathison, Attorney; Gray, Plant, Moody; Sam Diehl, Attorney; Gray, Plant, Moody Meeting was called to order at 6 p.m. A discussion was held regarding a possible investigation into workplace issues including harassment and related items. John Dietz motioned, Jerry Gumphrey seconded a motion to hire the law firm of Gray, Plant and Moody to conduct an investigation into workplace issues. The cost of the investigation is not to exceed $12,500 without Commission approval. The motion passed 3-0. The meeting was adjourned at 6:55 p.m.