Fargo City Commission - June 9, 2022 Minutes

Agreeable with a call for a Special Meeting issued by Mayor Mahoney, the Board of City Commissioners of the City of Fargo, North Dakota, convened in a Special Meeting in the City Commission Chambers at City Hall at 11:00 o'clock a.m., Thursday, June 9, 2022.
The Commissioners present or absent were as shown following:
Present: Piepkorn, Preston, Strand, Mahoney.
Absent: Gehrig.
Mayor Mahoney presiding.

Hearing on an Appeal of the Decision of the Civil Service Commission in the Matter of the Termination of Police Officer Justin Nachatilo:
A Hearing had been set for this day and hour to consider an appeal of the decision of the Civil Service Commission regarding the termination of Police Officer Justin Nachatilo.
The format for the hearing included opening statements by Leo Wilking, attorney for Mr. Nachatilo, and Nancy Morris, Attorney for the City, followed by testimony from various witnesses, questions and discussion among City Commission members and final statements.
Commissioner Piepkorn moved that the Board reverse and vacate the February 11, 2022 decision of the Civil Service Commission regarding the termination of Mr. Nachatilo and that he be able to resign his position.

Second by Strand. On call of the roll Commissioners Piepkorn and Strand voted aye.
Commissioners Preston and Mahoney voted nay.
Absent and not voting: Commissioner Gehrig.
The motion was declared lost for the lack of a majority.

Commissioner Preston moved that the Board uphold the February 11, 2022 decision of the Civil Service Commission denying Mr. Nachatilo’s appeal regarding his termination, as the termination was for cause and not motivated by political or other improper considerations.

Second by Strand. On call of the roll Commissioner Preston voted aye.
Commissioners Piepkorn, Strand and Mahoney voted nay.
Absent and not voting: Commissioner Gehrig.
The motion was declared lost for the lack of a majority.

In response to a question from the Commissioner Preston asking since the second motion was voted down 3 to 1, does that negate the Civil Service Commission decision, Mr. Wilking said the second motion was to uphold the Civil Service Commission determination and it failed with a 3 to 1 vote.
Mayor Mahoney said it should be a 2 to 2 vote since he meant to vote “aye.”

Commissioner Strand moved to reconsider the previous motion made by Commissioner Preston.

Second by Preston. On call of the roll Commissioners Strand, Preston and Mahoney voted aye.
Commissioner Piepkorn voted nay.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Commissioner Preston moved that the Board uphold the February 11, 2022 decision of the Civil Service Commission denying Mr. Nachatilo’s appeal regarding his termination, as the termination was for cause and not motivated by political or other improper considerations.

Second by Strand. On call of the roll Commissioners Preston and Mahoney voted aye.
Commissioners Piepkorn and Strand voted nay.
Absent and not voting: Commissioner Gehrig.
The motion was declared lost for the lack of a majority.

Ian McLean, Assistant City Attorney, said since the City Commission did not pass a motion, the action of the Civil Service Commission to uphold Mr. Nachatilo’s termination stands.

Commissioner Strand moved that the Board adjourn.

Second by Preston. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 1:23 o’clock p.m.