August 15, 2003

 

 

 

Steven K. Marden Attorney at Law Marden Law Offices 2136 Ford Parkway – Box 359 St. Paul, Minnesota  55116-1863

Bert Osborne Assistant City Attorney 333 South Seventh Street, Suite 300 Minneapolis, Minnesota  55402

 

            Re:      Nathan D. Schluter, Petitioner, vs. City of Minneapolis, Respondent;

                        OAH Docket No. 11-3100-13264-2

 

Dear Counsel:

 

            In preparing my findings on remand, I noticed that neither party discussed in their post-hearing briefs the burden of proof issue that was raised at the beginning of the remand hearing (i.e., whether the burden should be borne by the veteran or the City where the City contends that an employee voluntarily or involuntarily quit).  In addition, neither party mentioned in their briefs the decisions I brought to your attention during the original proceeding (McKinney v. St. Paul Public Schools, Hodapp v. St. Louis County, Johnson v. Duluth Airport Authority, and Mack v. Hennepin County) (all enclosed).  I believe that it is appropriate to afford you an opportunity now, after the hearing on remand, to comment on the burden of proof and the extent to which you believe these decisions and the cases on which they rely should be applied to the current case.  Finally, because it appeared that the City contended during the remand hearing that the Teamsters Labor Agreement controlled in this matter but took a slightly different position in its post-hearing brief, I wish to have counsel clarify the manner in which they believe Civil Service Commission Rule 13.04 and the Labor Agreement leave of absence provision should be applied.  Please include an explanation of your rationale.  The City is directed to serve and file its comments by Wednesday, August 27, 2003, and the Petitioner is directed to serve and file his comments by Wednesday, September 3, 2003.  The City should file its reply, if any, by Wednesday, September 10, 2003.  The record will remain open pending receipt of these submissions.

 

                                                                              Sincerely,

 

                                                                              /s/ Barbara L. Neilson

 

 

                                                                              BARBARA L. NEILSON

                                                                              Administrative Law Judge

                                                                              Telephone: 612/341-7604

 

Enclosures