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I I I Council Meeting Minutes April 8, 1986 Benke stated if that happens, we can again review it. Motion by Gunderman, seconded by Williams, to WAIVE THE READING, HOLD THE SECOND READING, AND ORDER PUBLICATION OF AN ORDINANCE AMENDMENT PERMITTING THE OPERATION OF FARMERS MARKETS IN A RESIDENTIAL lONING. 5 Ayes - 0 Nayes, Motion Carried Sinda stated that sometime ago it became obvious that a lot of things were outdated in the City's personnel code; staff suggested changes, which were then reviewed by Dayle Nolan, attorney in the LeFevere, Lefler, Kennedy, O'Brien and Drawz. Because the Comparable Worth issue has been delayed, the City decided to proceed with the revision at this time, and invited Ms. Nolan to discuss some of the legal ramifications involved with the existing code. Nolan reviewed the state of the law and discussed her recommenda- tions on a broad base level, citing relevant cases. Nolan stated the council needs to make a philosophical determination and give their recommendations to staff. Benke asked if the wording in the current code links us to the federal, or would an employee still have that protection. Nolan responded that that would not be an issue unless the City created it. Schmidt stated he believes that our review of an ordinance and implication of ordinance at a time when we have not been subject to the claims and the potential liabilities that other government agencies or other private sector employers have, forces us to look at that and to do it in the light of not having anything hanging over our heads. Any decision this council makes will be in terms of an overall policy as to what is best for the employee, the city itself, and for the residents of the city. Sees reviewing the policy and bringing it as beneficial to the city and the administration as possible and freeing us from any potential incumberances. Williams would like whatever is done to be done in as protective manner as possible, so it doesn't look as if its pulling the rug out from under the employee. Nolan stated there is a phenomenon of supervisory training to insure that appropriate decisions are made; Benke concurred with supervisory training and the preventative side of the issue. Brandt asked what the timetable would be for a proposal; Sinda indicated it may take a month. Page Four Personnel Ordinance Presentation of Laws (No report)