The Osseo City Council's discussion got a little intense Monday, Feb. 22, during Police Chief Tim Ryan's performance evaluation, but in the end no action was taken.

by Alicia Miller

(Created: Tuesday, February 23, 2010 4:37 PM CST)
Chief Ryan chose to have the review open and not during a closed session.
A separate story on other council matters from this meeting will appear in next week's paper.

The chief's review of his nine-month performance evaluation item started with city administrator Greg Withers reading a memo to the council and audience.

Withers stated, "At the Chief's six-month performance evaluation I had some positive things to say about the chief, but I also had many negative things to say."

He also said, "I have been told by a number of council members that a more open and transparent style of government is desired in Osseo. Let me assure the council, that policy suits the (department chairs) team and the staff just fine. We want the public to know what we are working on and how much work we are doing."

The employee job performance reviews are new to Osseo. Withers said the concept was written into his own employment agreement.

"The words 'probationary period' do not appear anywhere in the employment agreement. Chief Ryan does not have a 'probationary period,' " Withers stated. "He is not on probation. I say this even though the term was used at his last evaluation review when it was said to extend his probation period for another six month and not give him a pay increase at that time. It is my recommendation the council no longer discusses Tim Ryan's employment as being 'probationary.' "

When Withers performed the chief's six month evaluation last November, he did a 360 degree evaluation, which included asking the people the chief works with, works for and supervises, how they would evaluate the chief's performance.

"I was not happy with the Chief's performance Nov. 20, 2009, nor was I happy with the state of affairs in the Police Department and the attitude that was starting to spread throughout the city organization. I did not express this publicly, but I did express it to the council in a closed session as we reviewed the chief's performance evaluation," Withers said.

Withers stated the employee performance evaluation form has two sections - a points rating and an open comment section. In November Withers said his evaluation gave the chief 44 points on a 100-point scale. The 360 degree review gave him 66 points. Withers said the chief's performance for the past three months "awarded him 75 points. That is a 70 percent increase. In February, I am very pleased with his performance."

There are four groups that have influence on the chief's performance, according to Withers. He said these are the City Council/interview committee, city management, supervised police employees and the business owners and community members. "Please do not misunderstand, Timothy Ryan carries the largest share of responsibility for his performance," Withers said. "I have not heard any negative comments on the chief's performance from the business community."

The council appointed the interview committee, which the committee did unanimously recommend Timothy Ryan for the position. The council did unanimously vote to offer the chief's position to Ryan. "The 'unanimous' council decision did not last long as the minority quickly let their views be known. Thus the chief was 'welcomed' into an atmosphere of turmoil," Withers said.

Withers went on the say that two members of the Osseo Police Department were interviewed for the chief position, but where sent letters of rejection just like others not selected. "We could have and we should have done more. I have apologized to the entire department for that mistake. However, one of the candidates still has that letter of rejection hanging on his locker. He is still not over the rejection," Withers said.

Mayor Steve Menth stated, "Hey," but allowed Withers to continue.

"Three members of the department told me that when the former chief was here the three of them ran the department. One of them had been trained by the former chief to take over upon his retirement. These three were now facing an unknown police supervisor from out of state who would become their boss. This had to be stressful," Withers said.

Withers said he believed Ryan was a very qualified, professional police chief. "I report he has had much education and training and relates that to his experiences. Detractors say he is constantly building himself up and putting himself on a pedestal. The fact is he has much more education, training and years of experience than the total Osseo Police Department. That is not bragging. That is a fact," he added.

The police department is currently in the process of having a consultant audit it. Withers said, "The audit will make a very positive impact on the police department and will benefit the city organization immensely. Chief Ryan will then have additional support to implement new or to continue some police practices."

Withers then recommended on the improvement of the chief's performance evaluation that the chief be given the pay increase recommended in the chief's employment agreement.

"I believe his most recent performance evaluation has been terrific," he said. "Performance has greatly improved. The department needs to know the chief is here and in place, that his performance is satisfactory, and the police officers need to know Chief Ryan is in control of the department and has the support of the City Council. Without this there will never be peace in the department and the city organization will continue in unrest."

Councilor Mark Schulz asked previously to have the chief's prior evaluations included for the meeting. Withers said the information was private and he could only look at it if the chief wanted him to.

"You are entitled to have access to it, if you need it to make your decision on this performance evaluation," city attorney Loren Magsam said. "But the access to it has to be private."

Schulz said, "I guess I'm looking for a yes or no answer."

Magsam said Schulz could look at previous evaluation, but he would not be able to make any information public.

Mayor Menth asked if the chief had met all his performance issues since the November evaluation, and Wither said the chief had.

Mayor Menth said it sounded like the chief was killing dead time from November to February. Withers said part of the time he was on vacation break.

Chief Ryan asked if could address that issue.

"In a second," Mayor Menth said.

Mayor Menth said that after six months of employment, the chief took a month of vacation.

Withers said the chief has paid time off, not vacation, and that he approved the chief's PTO.

Schulz asked if the chief had any objections to him looking at his evaluation. Chief Ryan did object, because the council was looking at his past three months.

Councilor Steve Parks said the chief had a positive review and had followed the rules.

Councilor Rick Weber asked why the chief had not logged onto a squad car computer, while on patrol, until Feb. 10.Chief Ryan said officer Mike Smith is in charge of the computers.

"And you are supposed to supervise people that are using this computer?" councilor Weber said.

Councilor Parks said, "He is not a patrol officer. He is a working chief."

Ryan brought forth the performance summary of his evaluation in November. The summary was dated Dec. 16, 2009. The chief left on vacation a few days after to head out of state for two weeks.

Mayor Menth said the chief was at the last evaluation and heard what the council wanted him to do. "Have you thought about resigning," he asked the chief.

Ryan responded no.

Councilor Weber started to make a motion to terminate Chief Ryan, when councilor Parks objected. "If you want to terminate a city employee, you need to give notice to the city. This is a performance evaluation ... it is not a disciplinary hearing," Parks said.

Attorney Magsam said that was correct, the council couldn't fire the chief at this meeting.

Councilor Schulz asked if the council was asked to receive or reject the evaluation. Withers said the council didn't have to do anything if it didn't want to.

Councilor Parks made a motion to accept Withers' evaluation of Chief Ryan and approve the pay increase. No one seconded the motion and it failed.

Councilor Schulz made a motion to adjourn, which overrides any and all previous motions, and the motion was approved.

After the meeting was adjourned, members of the audience and council raised concerns and voices at each other. The words "disgrace" and "embarrassment" from the audience were directed to the council.

Because the meeting was adjourned without more council discussion, no further action or direction was taken by the council for city staff regarding this item.