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r FEB _ 3 1992 <br />GOOK O8 P.+�F 76� <br />Attorney Collins advised that he wished to make a concluding <br />statement and then Mr. Hallquist could make his final statement <br />before the Board deliberates on this appeal. Attorney Collins <br />stated that the position of the County is that the termination of <br />the employee was proper in that Mrs. Callahan, after meeting with <br />Mr. Hallquist and all the other lifeguards, concluded that there <br />was unlawful conduct -- the smoking of marijuana on or off the job <br />-- which was tending to affect Mr. Hallquist's relationship to the <br />job, his fellow employees and the community. Based on Mrs. <br />Callahan's concluding that, which is a dischargeable offense under <br />our personnel rules, he was terminated. He made an appeal to <br />Administrator Chandler and during those appeal hearings, <br />Administrator Chandler heard the same admissions the Board heard <br />today, that Mr. Hallquist had smoked marijuana on New Year's Eve <br />and last summer. Based on those admissions and finding there had <br />been unlawful conduct off the job as recently as last summer and <br />that such conduct was tending to affect his relationship with his <br />job which involves public safety, it was Administrator Chandler's <br />determination that the discharge was correct and he upheld the <br />termination. Mr. Hallquist's appeal is now before the Board. <br />In conclusion, Mr. Hallquist stated that he deeply regrets <br />that he found himself in the presence of illegal activity and still <br />holds that he did nothing that would hinder him from doing his job <br />properly. He again requested that he be considered under the <br />firefighters policy and have drug tests. Mr. Hallquist pointed out <br />that although he offered, at no time did the County request a drug <br />test. After he got the letter that said he was a drug addict and <br />immoral, he went and took the drug test. <br />Chairman Bird understood that Mr. Hallquist receives an annual <br />salary of $26,200, and Mr. Hallquist said that he has 9-3/4 years <br />in and has only 3 months to go to be vested for retirement. He <br />couldn't understand why all this could come down on him at this <br />time, and it seemed unfair to him. <br />Chairman Bird announced that while the Board deliberates this <br />appeal, there will be a 10 -minute break during which the Board <br />members are not to talk about this. <br />After the break, Chairman Bird asked Attorney Vitunac to <br />explain what latitude the Board has in this matter. <br />Attorney Vitunac advised that to uphold the County <br />Administrator's determination on the termination of the employee, <br />the Board has to make a finding of fact that there was enough <br />evidence for Administrator Chandler's decision to have been correct <br />under our local ordinance: In that regard, the Board would go <br />along the lines of the questions that Attorney Collins asked of <br />MKI <br />