Posted: 12/4/07
Chief Shefelbine, city council
at odds over recent promotion
By Charlie Warner
Argus News Editor
Did Caledonia Police Chief Randy Shefelbine have the authority to promote Officer Jim Stemper to the rank of sergeant without receiving approval from the city council? That's an issue that cropped up during the Nov. 26 council meeting, and was settled Monday, Dec. 3 when the council voted 4-0 to deny Shefelbine's promotion.
The council decided to continue the regularly-scheduled Nov. 26 meeting to a special council meeting held Dec. 3. City staff was instructed to contact City Attorney Tim Murphy to get his input. Murphy could find nowhere in the city statutes that gives the police chief the authority to make this type of promotion, City Administrator Bob Nelson reported Monday evening.
"I checked with the State Attorney General's Office and the League of Minnesota Cities, and couldn't get a definite answer," Shefelbine told the council Dec. 3. "It (the issue) could go either way."
"I did some checking too," Mayor Mike Morey said. "Tim (Murphy) said if the city had a police committee, that group would handle something like this. But because we don't, this decision needs to be made by the city council."
Shefelbine countered that the State Attorney General's Office suggested the city have a human resources study conducted to see if there is a need for a sergeant.
"Why didn't you contact us about this before you went ahead and made the promotion?" Morey asked the police chief.
"I did. I brought this to the council on several occasions and you didn't do anything about it," Shefelbine replied. "So I did a lot of research and didn't find anywhere in city status that said I couldn't make a promotion. The fire chief has the authority. Police chiefs in other communities about the same size as Caledonia not only have the authority to do so, but have more than one administrative position.
"If I did something wrong, I apologize," Shefelbine went on. "I felt there was a need for this and I thought I was doing the right thing."
Earlier this fall, Shefelbine expressed a need to have one of his officers promoted to the rank of sergeant. According to the police chief state law requires in the absence of the police chief, an officer of command authority must be present.
"I suppose I could just tell one of my officers he is in charge if I have to be out of town for a meeting, or on the weekend," Shefelbine said. "But if all of the officers are the same rank, why would they take orders from someone of their same rank? Being two officers short has made things difficult enough with our department. I really need someone to take charge when I'm gone- someone who can help me lead investigations- someone the other officers can turn to in my absence."
Shefelbine presented the council with a job description for the sergeant's position at the Nov. 26 meeting.
After reviewing the page-long job description, none of the council members agreed with Shefelbine of the need for a police sergeant.
"I have a hard time with this," Councilman Paul Fisch said. "We have a small police department. I just don't see the need for a chief and a sergeant."
"We've gotten along without a sergeant for many years," Councilman Gary Klug noted. "We're in the final process of interviews for the two vacancies on the department. I wonder if we really need this (promotion)."
"I wouldn't have made this request if I didn't think it was needed," Shefelbine replied. "I feel crime problems have increased in Caledonia. We're having a lot more domestic violence cases. Our department is conducting many more investigations than we used to. Our population is becoming much more diverse, which brings many more issues we are called upon to handle."
Seeing that his request wasn't making any progress, Shefelbine asked if the council would agree to a three-month probationary period. "I could report back in three months and let you know how it's working out."
Morey asked if anyone wished to make a motion approving Shefelbine's request. No one spoke up. Morey asked a second time. Again, no one spoke up.
"It appears as if the council doesn't feel promoting an officer to the rank of sergeant is a good idea," Morey said to Shefelbine.
"Well, I guess we go to the next step," Shefelbine said. "I've done a lot of research on this issue, and everything I looked at indicated I have the right to make promotions in my department. I already promoted Jim Stemper nearly a month ago. There's nothing in the city statutes forbidding me of doing this. We need to provide the incentive for keeping good people in our department. Making a promotion is a very good way of doing this."
The councilmembers appeared surprised by Shefelbine's revelation and questioned if Shefelbine had the authority.
When asked for his opinion on the matter, Nelson replied he did not know, but would do some checking with the city attorney and also the League of Minnesota Cities.
As far as promotions on the fire department, Nelson said the department holds elections every year and then reports to the council. The council then approves the roster of officers.
"Several years ago, the fire department wanted a third assistant chief to handle all of the training issues. The fire chief came before the council to explain the need for the position and have the creation of that position approved," Nelson noted.
Promoting a police officer to the rank of sergeant could bring up union issues, Nelson added. Because the sergeant position would be a supervisory one, would Stemper have to leave the current union he is in? Would his position be a non-union one, as the police chief, or would a new union have to be created?
With the council action that took place Dec. 3, those questions probably won't be broached.
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