July 14, 2009

Gayle Gaumer

Attorney at Law

Wilson Law Firm

5209 Lochloy Drive

Edina, MN  55436 

Mike Bloom

Assistant City Attorney

Office of the City Attorney

333 South 7th Street, Suite 300

Minneapolis, MN  55402-2453

RE:      Steven R. Shannon v. City of Minneapolis, OAH Docket No. 11-3100-20576-2

Dear Counsel:

This letter will confirm the schedule established during the telephone conference call held on Tuesday, July 7.  After a lengthy discussion, which I will not attempt to summarize here, I informed the parties that, consistent with the Order for Hearing issued by the Commissioner of Veterans Affairs, this proceeding will involve a determination of whether the City was required to provide a veterans preference hearing and, if so, completion of that hearing culminating in a recommendation to the Commissioner regarding whether Mr. Shannon’s requests for relief should be denied or granted.  The July 22, 2009, hearing will focus on the threshold question of whether or not Mr. Shannon’s position was protected by the Veterans Preference Act.  The parties are encouraged but not required to file prehearing briefs setting forth their factual and legal arguments.  The parties were directed to exchange witness lists (including a brief description of the anticipated testimony of each witness) and exhibits for the July 22 hearing by July 15, 2009.

If possible, a ruling will be issued on the threshold question by July 29.  If it is determined that Mr. Shannon is entitled to the protection of the Act, a further hearing will be held on Thursday, August 20, 2009, commencing at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, to consider whether or not Mr. Shannon was removed for cause or for incompetence and what, if any, relief should be awarded.  The parties shall exchange additional exhibits and witness lists by Monday, August 17, 2009.

 

Sincerely,

 

                                                                        s/Barbara L. Neilson

 

                                                                        BARBARA L. NEILSON

                                                                        Administrative Law Judge

                                                                        Tel.:  (651) 361-7845

 

cc:  Docket Coordinator