"file:///C:From: Dan Huff
Sent: Mon Oct 16 16:44:35 2017
To: Gerald Fisher
Subject: FW: Public Works Employee
Importance: Normal
FYI – Ashley wants to look at the documentation on Dennis.
From: Ashley Driscoll [mailto:AshleyD@gov-law.com]
Sent: Monday, October 16, 2017 4:31 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Public Works Employee
Well, union employees are always tougher. Can you send me the documentation that was generated? Was the agreement with Gerald in writing?
Ashley O. Driscoll
Attorney
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0007
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From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Monday, October 16, 2017 4:29 PM
To: Ashley Driscoll
Subject: RE: Public Works Employee
He is a member of the Union and it is in his job description. He just didn’t do it.
From: Ashley Driscoll [mailto:AshleyD@gov-law.com]
Sent: Monday, October 16, 2017 4:27 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Public Works Employee
This is a non-union employee, I am assuming? Is the certification required by his job description?
If he is an at-will employee, you can demote for failure to comply and/or failure to fulfill the essential requirement of the job. I would give him some “due process” before making it official though. So a short letter stating the reasoning for the proposed demotion and an opportunity for him to respond.
Ashley
Ashley O. Driscoll
Attorney
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0007
P Please consider the environment before printing this email.
Caution! This communication may contain a privileged attorney-client communication or attorney work product. Please do not distribute, forward or retransmit without prior approval. If you have received this e-mail by mistake, please notify me by reply e-mail and delete all copies.
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Monday, October 16, 2017 4:10 PM
To: Ashley Driscoll
Subject: Public Works Employee
Ashley – I have what I hope is a quick question about public works staff and certifications. We have a Foreman that was appointed in April of 2015 with the understanding that he would become certified in Wastewater collections. Public Works Director, Gerald Fisher identified this deficiency in an evaluation last April and gave him six months to accomplish this task. October 15th was the deadline and Gerald wants to demote him for failure to comply. What do you think?
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
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