Clyman Town and Village Fire Commission

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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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.