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ti f ' . • i 41 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. 0. BOX 40 STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING March 21, 1983 /„Iii;norable Frank Sommerfeldt Mayor, City of Oak Park Heights 14168 North 57th Street Stillwater, Minnesota 55082 Gene Ostendorf Chief, Oak Park Heights Police Department 14168 North 57th Street Stillwater, Minnesota 55082 Re: Elizabeth A. Sherrard vs. City of Oak Park Heights Dear Mayor and Chief: Enclosed please find a copy of a letter I received, dated March 18, 1983 , enclosing a Notice of Dismissal on the Sherrard lawsuit. This action was commenced originally in 1978 and pursued through both the Federal Equal Employment Opportunity Commission, and the matter was subsequently dis- missed, and the Minnesota Human Rights Department whose jurisdiction was removed by commencement of the District Court action by Mrs. Sherrard. The action now being dismissed by the Plaintiff, I shall consider the City ' s file closed. Should you have any questions, please do not hesitate to contact me. 22 s y truly, R Mark J. Vierling 1 MJV:bw / Encs. • S • I OAKES! ANATZ ATTORNEYS AT LAW PARK SQUARE COURT SUITE 570 • SIXTH&SIBLEY ST. • ST. PAUL, MN 55101 • TEL:(612)227-0804 JUDITH L. OAKES EVA P. CAPERTON VIOLA M. KANATZ oFCOUNSEL KATHLEEN M. KNUTSON VERONICA CASEY March 18, 1983 Mark J. Vierling Eckberg, Lammers, Briggs & Wolff 126 South Second Street P. O. Box 40 Stillwater, MN 55082 RE: Sherrard vs. Oak Park Heights, et al Our File No. 1840 Dear Mr. Vierling: Enclosed for service upon you please find a Notice of Dismissal in regard to the above-entitled matter. Very truly yours, */ -iceft. _ k_ry4 Ruth Bowyer Legal Assistant :rb • Enc. 411 411 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Elizabeth A. Sherrard, Plaintiff, NOTICE OF DISMISSAL vs. File No. City of Oak Park Heights, City of Oak Park Heights Police Department, and Gene Ostendorf, individually and in his official capacity as Chief of Police of the City of Oak Park Heights, Defendants . The above-entitled proceeding is hereby dismissed without prejudice and without costs to either party. Dated: March /r, 1983 OAKE & KANATZ Viola M. Kanatz Attorneys for Plaintiff Park Square Court, Suite 570 Sixth and Sibley Street St. Paul, MN 55101 • r S p r . - APPLICATION FOR EMPLOYMENT -3// gDATE �7 7 PERSONAL 13 L _ a H NAME S E r Y ,u1 .0.L I �,,.6i A Jr`�NI LAST (Please Print) I FIRST MIDDLE PRESENT ADDRESSO �3 G.! 1 J �- l-W Irf ` i' I til jl\J .e ra r) `� /`� J `^r NO.AND STREET I CITY STATfE ZIP tt TEL.INCLUDE AREA CODE PERMANENT ADDRESS /NO. 2 3'T 1./ . �,,,).x �CIST LLINATtli. it( l NN,f _,.? ail/-2-4TEL.INC— 2 3 31 ZIP INCLUDE AREA CODE DATE OF BIRTH /2 3 AN CITIZEN OF U.S.YES 18 NO 0 (KROY INDUSTRIES DOES NOT DISCRIMINATE ON THE BASIS OF AGE) "} I jJ SOCIAL SECURITY NO. 73 ..� � ' 7/ WEIGHT 3 / ' / ?? HEIGHT u D MISCELLANEOUS INFORMATION Person to be notified in case of accident or emergency y - NAME j„) CI ( L,( ' I L.; lc Jr:;_ / ) K:-.x..) RELATIONSHIP Hus 8c1 ,,,, �. ---1. PHONE NO. � ;( ADDRESS I4S.._+ 14 . •S-..x S'7 7r1 j,....j_11/,."1 T 2._ HAVE YOU EVER BEEN CONVICTED IFY YES,STATE OFFENSE, OFA FELONY? OYES 24 NO DATE AND PLACE HOBBIES Imo--E.S't`v 12 i 1`•l, .. A Tq T l 3 y,.. , I ,r, IF RELATED TO ANYONE IN OUR EMPLOY, REFERRED STATE NAME AND DEPARTMENT N p BY i EDUCATION NAME AND LOCATION OF SCHOOL YEARS DATE SUBJECTS STUDIED ATTENDED GRADUATED HIGH SCHOOL L"-7) i.... 4„Y,4 ATI'' ,. ( , :„) ( I , F..-r!G t-t (.0l _ 64 L(: L r ! i:' r I' ...51;) !'-1 TG k 6,1- (. 17 6/(0 7 T'rPI” COLLEGE - - TRADE,BUSINESS OR Sr. Pn i1... T v1 1 w?6. 7- ,c4,..,7-0 /'1 cc,!,,,,4-,,. CORRESPONDENCE SCHOOL E-i, r)ti�r0 12, )".1.-W/ji71) ! /Sl)L..L. {i'v1: .. .._; , VI/', u,C,, / �� ) 9(/O EMPLOYMENT DESIRED ' 4L- ! C O (" 1 t:. L:17 ..._._. . ' ( DATE YOU CAN J SALARY' POSITION p t. C7 i I ! C. t >' .. START �5 1 1 7 DESIRED ' ����`i� �/ IF SO MAY WE INQUIRE _.. . ARE YOU EMPLOYED NOW? t y 0 OF YOUR PRESENT EMPLOYER ..... , re.__ c�, .. � CC'4T-1 F1EP. IyI7 o SPECIALSKILLS: .- r -Yt EL i*1 i . V�� pit' r �7 r !7 CLERICAL SKILLS: TYPING WPM 2 o -� O SHORTHAND __v IC FVDI IAIr`u nTUCR nFClr`F 11AAr`1411k1CC - RLFERE'ICES (Do not include form foyers,relatives or more than one member of colleikulty) NAME ADDRESS TITLE OR OCCUPATION YEARS KNOWN + a • 1. Alfa 12.- )ot.Jo U6 i4 S-r,LL ATErz.. ita 1N IV f2�:Ti iZLi) (3(AZ I N CSC'Wci E -tea I/12 ..So . 3.1* T .� i E 2. V I L L► A M F E ►=11, 1.. -r1 w�, .re- "14 ria�r �2..Fl `t`S/1,1i 3.M 12. . (2.A'M 0 1.1.1: S 3,"� E t rat/9A/C.rf, I-1 i` 14'012o>1 I ' • EMPLOYMENT RECORD � ;„ �It.' (051 ii`' I� t a LAST OR EMPLOYER O ADDRESS(3F1qPa'2-r-" VErtN Vv�rmNy PRESENT o '• C d N AIG 0 1 P1 – 12/)�i/t•!o NZ) J o 1-/ s I �t_.Ge i15 i.v] 7 Cc — 7 7 POSITION KIN OF WORK IMMEDIATE SUPERVISOR PERIOD—MO.AND YR. FROM TO g 1'/r1 A_ t2 oMS REASON FOR LEAVING MAY WE CONTACT EMPLOYER ®.YES ❑NO FINAL MONTHLY SALARY$ 3, ��/f(� F-6 2. /0702 Co. 766 -% , /'1 `" .12Z/t,23ci's'7". PfluL. EMPLOYERADDRESS Q NEXT S A11:iL-Y 44.t r' W c r '. .(2�- /....7/ _ 7/ PREY KIND OF WORK IMMEDIATE SUPERVISOR PERIOD—MO. AND YR. FROM TO POSITION 12-54k N f1 ( t2 R Sc N REASON FOR LEAVING /3Pp(< , FINAL MONTHLY SALARY $ ° I3/J"/Q • MAY WE CONTACT EMPLOYER YES 0 NO EMPLOYER ADDRESS NEXT PREVIOUS KIND OF WORK IMMEDIATE SUPERVISOR PERIOD—MO.AND YR. FROM TO POSITION REASON FOR LEAVING FINAL MONTHLY SALARY$ MAY WE CONTACT EMPLOYE ❑ YES 0 NO MILITARY SERVICE Have you ever served in the armed forces? 0 Yes )4 No If yes,what branch? Dates of duty: From To Rank at discharge Month Day Year Month Day Year What were your duties in the Service (include special training and duty station)? — Present Military Status I hereby certify that the facts set forth in the above employment application are true and complete to the best of my knowledge. I understand that if employed,falsified statements on this application shall be considered sufficient cause for dismissal. , Signature of Applicant Cr--"k r.: 1 r'c-"!'"- ..( i... ..'.. it- . • • • • .4 -V- 1110 • #/reez-..-if Minnesota Department of Employment Services '9 6(-11e1 • Quad Counties GET Consortium - CETA/PSE Certification Emergency jobs Program 10K._ . s#FRR4 R D ELI zABBErii A / 1 3 a s",5-'TH (Name) J V .(Address) • • Po Jj © FFi c E /Z (Position Applied For) (Agency/Community) Eligibility Inforr.z,tion The following information is required in order to determine your eligibility for employment under Title VI of the Comprehensive Employment and Training Act. Last Date of Employment: )i q / 7 7 1 N .,©m Q /a ThON -�i1S If Presently Employed: °J g0 Average Number of Hours Worked Per Week J "\ Hourly Wage $ So 1k��...pWt 3 ThOWf� .�, iJ, � S 02_C t D o fy b Received unemployment insurance for 15 consecutive we or mor Exhausted unemployment insurance benefits )i e s Ineligible for unemployment insurance benefits, but have work experience N 0 Unemployed for 15 or more weeks, and seeking employment during that period . I certify that the information shown above is correct to the best of my knowledge. /c9 /7 ( :4,u54( a , c-4-4AAAj (Date) ( (Signature) WITNESS --r--- ?-' Y • Interviewer u \ ES Office Telephone No. On the basis of above, meets criteria for Title II Title VI • None „7/ 'Pers-i311h' MUNICIPAL —COUNTY 40 471' 1111 ORAL EXAMINATION RATING FORM Name of Jurisdiction O k Pik Aai ghts Ec 1U,►e n® .t Name of Candidate E1irAbAth S+erraersi Date Lp i„7 1ari..977 For Position of,�.Poll nFt Offs curkr USE ONLY ONE RATING FORM Place of Examination FOR EACH CANDII)ATF4 I II III IV ( ) ( ) ( ) ( ) 100 Exceptional qualifications. Recommend with enthusiasm. 1 ( ) ) ( ) ( 95 ( ) ( ) ( ) ( ) 90 High qualifications. Recommend without reservation. ( ) ( -) ( ) ( ) 85 ( ) ( ) ( ) ( ) 80 Good qualifications. Recommended with confidence. • (X) 90 ( C) O 75 ( ) ( ) ( ) ( ) 70 Acceptable qualifications. Would probably succeed in position. ( ) ( ) ( ) ( ) 50 Doubtful qualifications. Should not be considered at this time. Examiners: ISend the oral examination rating forms to the Minnesota Personnelh ment,215 State Administration Bldg. By combining the oral examirmfinn II 1l.r_ . score with the written score, a final score will be determined, and ;a �� ► ;rested eligible list will be established. III /.. ,i_ IV INSTRUCTIONS: Examiner I will place his check mark in one of the boxes in Column I and then sign his name after Examiner I. Exami II will place his check mark in one of the boxes in Column II and then sign his name after Examiner U. Examiner III and Examiner IV,if there is a fourth,will do the same. The Examiners may give different scores. They need not concur on F` their ratings.Our department will average their scores. • CITY OF OAK PARK HEIGHTS MINNESOTA POLICE DEPARTMENT .r_ EXAMINATION FOR POLICE OFFICER APRIL 9, 1977 Score Name of Applicant � wow' • S PART I SPELLING TEST (15 Points) DIRECTIONS: As the test administrator recites the following words , write them in the spaces provided below. 1. ANX 1 ETY . C' o nl Sc ,a us 3. u / SCic)(1 r.J 4. G ,� n T 5. 7> v /e.i 6. c) v o 1 G i Y 7. ya f T 12 i C., 8. .D I SC M 1 N ATS Q 149. A o c,LESC iv X!T El C i° D tJ C:°► oct Trot./12. A c E 13. t 1,, 14. I N TT: O C PT-1045. U 12 V k l I.- N C.L PART II . MULTIPLE CHOICE DIRECTIONS: Circle the letter in the list of responses that best complete the statement or answers the question. 1 . What is the main reason why job opportunities in law enforcement are increasing? a. Because few people want to go into police work. b, Because the public constantly expects more thorough law enforcement. c. Because taxes are constantly increasing. d. Because numerous police officers retire or go into other kinds of work. 2. The Federal Bureau of Investigation recommends that cities hire one police officer for every b • residents. a. 100 b. 500 c. 1 ,000 d. 2,000 3. The average citizen's opinion of the police department is influenced mainly by a. newspaper articles and publicity b. whether the citizen approves of the police chief 11111 the experiences the citizen has with police officers Page 2 111/ • f_ 4. A defendant in . criminal case has the right to counsel mainly because 011 the law is concerned to see that every defendant has an adequate opportunity to present his case b. prosecut ors are inclined to insist on a conviction C. a defendant has little chance for justice without a lawyer d. every man is presumed innocent until proved guilty 5. The fifth amendment IDprotects a person from testifying against himself b. guarantees the right to assemble c. prohibits the courts from requiring excessive bail d. guarantees that all men are created equal 6. Amnesia is the loss of C • resulting from injury or disease a. blood b. appetite c. memory d. sight 7. Pyromania is a morbid propensity to C.— , a. steal b. kill c. set fires d. drink heavily 8. The word COERCE means most nearly a. lead force c. rescind d. count r Page 3 • • 9. The word HEINOUS means most nearly a. hiding b. animal c. high d)hateful 10. A severe mental illness in which a patient loses contact with reality is: psychosis neurosis c. psychopathic disordtr d. personality disorder 11. DACTYLOSCOPY is the study of a. crime scenes (1) fingerprints C. the impact of projectiles (bullets, etc) d. crime photography 12. Police Officers avoid doing special favors for prominent and influencial _ people unless a. the one who asks for the favor is a personal friend 0 the same service is available to all citizens c. the one receivin g the favor has done you one and you are only repaying it. d. the Chief allows such favors for the friends of the department 13. A police agency will operate most efficiently if a. every officer is considered responsible for all decisions made concerning department operations and policies b( every officer has certain well-defined responsibilities c. the chain of command has as many different levels of rank as possible 411, Page 4 0 14. The main responsibility of a police officer is to 0 make sure that laws are enforced b. make sure law violators are punished c. determine who is guilty of a crime and bring him to justice 15. Which of the following would be least ethical for a police officer? a.0 granting small favors b. giving help to local merchants c. hoping for promotion d. giving a drunk a ride home PART III. TRUE- OR FALSE DIRE NS: Circle the T i-f the statement is true. Circle the F if it is not true. . ® F The only major goal of criminal investigation is to bring a criminal to justice. 2. T The "scientific method" of reasoning is a sure way of determining the accurate truth. 3. (T F A police officer may use force only to protect himself or the property of others. 4. (i) F Felony and Misdemeanor are both examples of crimes . 00 F The source of all legal principals used in state and local courts are those enacted by the Federal courts. 6. T e) To say a man has been indicted is the same as saying he has been found guilty. 7. TO The first fifteen amendments to the Constitution of the U.S. are called the Bill of Rights. T O A facsimilie is an exact copy of a document 9. T 0 An experienced police officbr can, by merely looking at a suspect, determine if he has criminal tendencies. 10. (i) F A Grand Jury determines the guilt or innocence of only those charged with the most serious crimes. 40 Page 5 PART !V. MATHEMATICS DIRECTIONS: Use the scratch paper provided to work out the problems below. Place your answers in the spaces provided. 1. � Find the average for: 34, 16, 45, 39, 27 2. ' S2.2 Write as a decimal : 521/2 3. /O , . 3- Divide 308.85 by 2.9 4. .2 j4.2. Subtract: 7 2/3 from 10 1/4 5. 79. /V Multiply 6.23 x 12.7 6. 7 . )01`11d: 3 ft. 6 in. + 5 ft. 5 in. + 8 ft. 11 in. . / 50C) 1/4 % of 60 = 7 - (6+8) 2 _15 040 Find the interest on $1 ,200.00 at 6% for 70 days. "Vll • .f2 .2 66 sq. ft. = sq. yd. to}r1 U '12, Write as a per cent: 3/8 = UP The price of canned peas is two cans for 31 cents. What is the is price of one dozen cans? 13. C., c/0 -00A man bought a second-hand chair for two thirds of what it cost new. He paid $400.00 for it. How much did it cost new? 14. 44 /13(0•6q worker's salary is $160.-0 per week.. If 15% of his pay is withheld for taxes, how much does he receive each week? 15. (x, Eight men can finish a job in six days. How many men will be needed to finish the job in a half day? W O R K Y O U R P R O B L E M S HERE . . . . . . . . IIS 'li . • . - \ ,. c\-VI 0 ei 0 1 ' I ) ,,, ,,I • T . .4) 0 . ..,, 676 / LA it" 3 i(2 0 k -'-.- . __....t. L.- \;) c C.)1,-ii C 1 t'l i / 1.4 - ,.. ___/_.4.._ 2,-j Ct., 0 , ----- .--,--- )--'-'0 ' / I ° 0 ) i 51C:" (- e //1 6 O '''': 1.„.„.,— 1 , „,..,) -4--.•."'".....-' , / i I G '1 ...., . ', t AD e.)_, 'ec 1( r..,-,- Y 2,- 1 '- I- ' 1 -t" ,.., -? 2, -/ .„ , 1 -7............-.-'' 2 0 0 r -1..-00 / ' 1. n. 4 2 ( - , t, , .„. 4ii"r' --, -lz- I 0 6 5 ,,, ,, ..,-, Qes- 1 0 //1 — 49 '<...------ e /3 '''. . ., . e 4 ''' I 7 1 --- t`r A j<-------- 7 , A 4 A.or 1 ....--- b- .23 ..-----'-' , , Le Ci 5- /0 .., / ,5 ...4.--y.„ J ,„ Xj2 .7 d .,, g . 1 )----"--.7"----,. 'fr2 ) 1.-2 ..-- __,.....---- ' (.1, • 2- 3 ..,..,,,, , .... t 3 , 1 /6, 4_j . .., ."--,--- 1 ..-. . --7 (..) , e- ..„ _.,3....e. .„...---* 0 7,(1 • 1 e 4-1- I _ 7 _ ce, 2 .3 e) 0 .......................................................................,_ , , / — 3 ',fa, ,"....t...eL.,,e12..dultit,A., 4---jCLAA/e.C:01,-/,,,,,,1-,._,,,..,,,‘,,,, ,. Page 6 • PART V. MATCHING DIRECTIONS: Place the letter of the word in Column 2 that is most closely associated with the word in Column 1. Column 1 Column 2 1. F- Bigamy )1., False Instrument 2. G • Murder 'B., Burning 3. 8 . Arson E1/4. Lewdness 4. Assault \Lk, Tumultuous Disturbance 5. fq Forgery *EN, Breaking and Entering (••<°--1? • Conspiracy Marriage 7. L Constitution "Gs, Malice Aforethought 8. K• Affray H. Unlawful Agreement 9. Escape \hDeparture 10. Riot )\ Battery 11. C-. Prostitution Mutual fight 12. k• Burglary `it., Supreme Law M. Release 14. 0 . Perjury N. Body of peers 15. P. Larceny 't3.. Testimony Trespassory Taking \ Corruptly Fal se PART VI. DEFINITIONS. DIRECTIONS: In the space provided, define the terms below. ( two points each ) / 1. UDICATION: Cc, fr,,/ 2. BARBITURATE: - A N/`7' /-/AS / ,L..)L,4,4-4-1 rs, Frccr dAJ , o"-/ 4-1 k-E.CPC P/c1.4.1- ; 3. Primi facie: Pit?, rA•)A F.I) F'-7c7c 7 /-27 (24 i .A4 S r ri.4. Status Offense; /j c ,•\•1 4, s - Page 7 0 • 5. EXTRADITION: 15 (,.) (-f k.N e4 ` .., -:I) i-,-r 1' .Li el w r07) td ca,'1 it— .....- G,0 2 I G e"N o 1. .3 t AGK o h` -r7-1 I r d'c? cl',n--i E CS T-44)TZ:' C) (Z C Qu+v rn..Y f7 til.c�. 1S ! . T,1e. t.L7 r/e (-N: 7 , E �;= / /1 r' . © (2_ GUlJN"TYLY He 2Al;,/ c'' t-- r-V 6. FIRST AID: . 7--/--/E, . '•1 a 1e .f� t' Nc ` E s s -',5-.-7--p u I , • 4,,k , c,,,,„,_,,, i-c HN NS UtaL.:D eg2., ,S V�0E1.J)...Y I .4.4„ 1 0(27 6i'r1c)4. pA-AGL 7. TORT LIABILITY: 17, : :.. " 11:-.),„„ ? PI-J2- `)".4 "1-1 1--' A t. .1 i..j,4 1...1 0.1,, (.4'`.9 G .sy,�.,°t MI i,,.. a_oCTvie. C/."t!V c �G,,,6: �..}.°jrl'12 do OhJ S%Q 1 TLS C I ! c',Z l�t IC' Lr �• w..� POLYGRAPH: - , . V,c-�, > ,• --... -- 7-�1�k c; �C r., ,r i,_�r, 1�...tV ac�.J,v lJ S � .1- �' E. T E c--To R. 71-?(Mr /,- (ii.,LC i ,,;t,.}c . , r 0 c k> v s T",0,-1 r7 .s vs F'.CcT 1 ,7 ND DJ TEQ, ► it.1E L-2 11`: U;f='/"Cr'�" "&cuD}' 1 .. irSPot1Ses '� Wk n.1 E:( --i c_ -S I. 1'r/'G (1, ,t-',l_1 PART VII. SUBJECTIVE QUESTIONS DIRECTIONS: Answer each of the following as completely as you can. Use the back of this sheet if necessary. Additional paper is available if you need it. 1. You are a police officer in a city of 3,000 people. The city is basically residential with no large industry. It is an older community now experiencing rapid growth due to a new housing development and the construction of a shopping center. What do you consider to be the major role of a police officer in this type of /\ community? --..,.,/t1-‘)\,i- 0r("--6-e-A— '''''' t.,‘" 1 cif 1--r:-.4/ )j (,)tc'e o (71,/, ,c),-.. I t, ? , ( t.C ,, , -:..1 . t , C. S • CIA, :1.( ' /E 1 \ 4 I t1i t ^." • ,f„ l t [d.,.. I'a / .t'�"a,., "i 1' f' s A. .:t r,,,, V c, , t ,GTr-i,1 f L t.1-1 L?'ki'7 ,,, l (--, 0 k- ! -. ) 1.,,, A. l 4 / , r; I Page 8 • I 2. You are the first to arrive at a Personal Injury Accident and are the only officer on duty in your city. You observe the following: Vehicle # 1 is overturned on side. Inside the driver is pinned between the steering wheel and the seat. He is breathing, is unconscious, and is bleeding steadily from a large head wound. Vehicle # 2 has struck a utility pole. The driver is lying on the ground near the car and is not breathing. A passenger, a young woman, is shaking him and is screaming loudly at him to "wake up. " A man comes toward you and appears to be in a state of shock. He is glassy-eyed, is staggering, and cannot speak clearly without slbrring his words. He smells slightly of alcohol , but is not loud or abusive. How will you proceed in this situation? Who will you treat first and what type of treatment will you provide?J /,1,., .,: \.�.7-1, , ,iii ,,,,,,,„_ `•x, ' 9 .'�',dt, . .;,, _,.-• s`. l � / KJ r9 s '"2J_y��c e l t: t "t el,_,f C/Y\ l, L � 1'k.�.:p"p y.,QF,.ti t el � V y ) J SS pyryy r y .. e.,i 1 ci---1 �' r �, t7d f ,._ .F r. r t D a= --4.‘.1).-- e � I� ,e, n e ' 4 X i`; Cie ^;' { /r i`! r} (wt �a 9 t, n\--- try .,Y�; Sr I -��.-i A (,,, _ . �? . �'..,",, . f .m 1: t ,,.. Vit. F `Q I ' C.,r''ti lL, (,. +( r: i^' i \' f.. ,, ,,.0.,-4 r* ,r s ..• /X Q l c. pFZ. l 2 J.,1/4,,,71/4-,-.k...-74„ ) "- -- ' ,. , 6 ) .A..,,,,,,,,..-Ak ., . k ( e, ,,,r 1^,. t .'''. t,, C %) '' r... C /,‘( t r• i; e 1 - k V . 4-- / . 0 ---4/26.,),-...ei ef-A e , (^) 4 c C ,,-'(I/t-G T' - , li ° -----.1; i .....4-1/‘ kl i 1 _h., ,,,, .., ,r c_.,-L,/v---01. —42,...,e- ,... .,.:., ':—i, , 1 i,....uc.4../ ,..t._. .,.. ,—.1 ° „1-..„1, AZ e A, t .,N_( I..) C _A. .. .APf....4 .... , • , ...A-44,Q_ A,,,,, A (.......,j. .....c V.--("N.'''.•:(lek 4 ...1 2 ' C 0.--t i A Page 9 , . 0 1110 3. Describe the term "Chain of Command" and how it relates to the efficient ...- operation of a police department. ,--, i /, C7%,....411;4--0--' ----- -4--"Yr• 1 i i, .,0. ,. 0,..1 -- ,„„ -, • 3 ,- a 0 c.A.,,e1.71,42.4 , 1 c., .J. , 71 f t, L-eivv,, c' (, / , -1, 4 Lr ( t ..) kk-e— '1 ° e P ) ti/tC v21\-- Q-A-4--e-t LLQ ) / . ,A .... , . I 1 f L' C ti. ,..C_ rt..A....A. '''''y N.,:i . ( cl C2‘,..1_41-- (-1 c".....x. \ i'l , 1 I ""..-"eLt-4r".•rrAi- (.,C* Ca-C. ClikS K I((.' , i ' 4 C-4"'-*c)--.9--t) - ) 40‘Aesso c Ak ( 4 t -•) , (' ? ( 1 il e I ) 4. List five (5) major functions (or duties) of a police officer. 7-M• .t.' 0 To P 2E_v E Nrr ( (a`"m, E c.,.... 7,„,0 , ta-E ND F.: 12, £m Ej2G-gd-/ C`1) / 4 L:7Th c, t 4-.., 0 7-E c 7— PE 0 p Les 19 0 v p k i',1:rid d , I'd-e-. i° il 1,1 tc) CCtl -it._ 0 - C (2 1 At i klic Tv , 71 1 1-7-I'zs 0 i , --.., 7 ,,,,„ 1-..., f)ie 4 7) Page 10 • 0 ` 5. Other than for salary and job benefits, why do you want to become a police officer? Include any specific reasons why you choose to serve as an officer in the City of Oak Park Heights. JA.,.- .-, ( • -c-e v -c.._ �.._.. i-.4-c`e R Y ,-Q.- 4 ,,w. <.. 1..-1/44-c"6 mow-..; q_. r f y.-. f m J J e4-4„,f„... ,1 ,..,tx,.YK (2 ,,, Q Ge`rv...•''t r.....A.,, -1� ,, J-1 Cil --'t r -OAC_•_ ...:1-cr C`.- ''C ' ../.. 31...4-1,-.6‘-4,-\4<';:f.,,,--4 -,..-P4-42_, t L-4.1)(i..,''j ea- ! f) ti's ,...x........1„..ca ,... ).„ ( (-( ,( (4 4 ' ' .410 t,.k.7:4-c-, ) „Q „j6,,,...1-,ANNI"-- p 7:7:kit__ „,b.--e_<•,,,N,40,,,,44,....„4,. t.) L-c--1.-4 i /1-47v4-'1"k. (-1\ ,,,t ,4. 4...4 c__,,t,r,...„...64.12._ e„,.....,,, , 4 • • .,_ j Mr i LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG OF COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING October 1 , 1979 LaVonne Wilson Clerk, City of Oak Park Heights City Hall, 14168 - 57th Street North Stillwater, Minnesota 55082 Re: Sherrard vs. Oak Park Heights , et al Dear Ms Wilson: Enclosed herewith please find a copy of Answers to Interrogatories regarding the above-entitled entitled matter for your review and inspection. After you have had a chance to review these Answers to Interrogatories, please give me a call so we can have a chance to discuss them before I send the or' ginal copy to Elizabeth Sherrard' s attorney. V= ; t f lyY ours , — J. Vierling MJV:bw Enc. T 1 � • T STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Elizabeth A. Sherrard, Plaintiff, vs . ANSWERS TO INTERROGATORIES City of Oak Park Heights , City of Oak Park Heights Police Department, and Gene Ostendorf, Individually and in his official capacity as Chief of Police of the City of Oak Park Heights , Defendants . TO: ELIZABETH A. SHERRARD, the above named plaintiff and her attorney, DEBORAH J. NANKIVELL, Park Square Court, 400 Sibley Street, St. Paul, Minnesota 55101 The City of Oak Park Heights response to plaintiff' s Interrogatories is as follows : INTERROGATORY NO. 1. Identify the person (s) answering these Interrogatories . ANSWER NO. 1. Information presented as the answer on behalf of the City of Oak Park Heights was prepared by the under- signed attorneys after consultation with present City Clerk, LaVonne Wilson; former City Clerk, Mr. Kenneth Heuer; Chief of Police , Mr. Gene Ostendorf. INTERROGATORY NO. 2. Identify the person in charge of employment with the City of Oak Park Heights and the Oak Park Heights Police, and state how long he has been in such position. ANSWER NO. 2. The City Council, for the City of Oak Park Heights , has always conducted the hiring and/or firing of any individuals seeking employment or terminating employment. INTERROGATORY NO. 3. List the name , address and telephone number of all females who have applied for the positions of animal control officer, police officer with the City of Oak Park Heights , and police reserve officer with Oak Park Heights. ANSWER NO. 3. The following females have applied for the position of animal control officer: Elizabeth Sherrard, current address unknown. The following individuals have applied for the position of police officer with the City of Oak Park Heights : Elizabeth Sherrard, current address unknown. The following people have applied in the past to be on the police reserve : Elizabeth Sherrard, current address unknown. a • �r T c . / T C.' STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Elizabeth A. Sherrard, Plaintiff, vs. ANSWERS TO INTERROGATORIES City of Oak Park Heights , City of Oak Park Heights Police Department, and Gene Ostendorf, Individually and in his official capacity as Chief of Police of the City of Oak Park Heights , Defendants . TO: ELIZABETH A. SHERRARD, the above named plaintiff and her attorney , DEBORAH J. NANKIVELL, Park Square Court, 400 Sibley Street, St. Paul, Minnesota 55101 The City of Oak Park Heights response to plaintiff' s Interrogatories is as follows : INTERROGATORY NO. 1. Identify the person (s) answering these Interrogatories . ANSWER NO. 1. Information presented as the answer on behalf of the City of Oak Park Heights was prepared by the under- signed attorneys after consultation with present City Clerk, LaVonne Wilson; former City Clerk, Mr. Kenneth Heuer; Chief of Police, Mr. Gene Ostendorf. INTERROGATORY NO. 2. Identify the person in charge of employment with the City of Oak Park Heights and the Oak Park Heights Police, and state how long he has been in such position. ANSWER NO. 2. The City Council, for the City of Oak Park Heights , has always conducted the hiring and/or firing of any individuals seeking employment or terminating employment. INTERROGATORY NO. 3. List the name, address and telephone number of all females who have applied for the positions of animal control officer, police officer with the City of Oak Park Heights , and police reserve officer with Oak Park Heights. ANSWER NO. 3. The following females have applied for the position of animal control officer: Elizabeth Sherrard, current address unknown. The following individuals have applied for the position of police officer with the City of Oak Park Heights ; Elizabeth Sherrard, current address unknown. The following people have applied in the past to be on the police reserve : Elizabeth Sherrard, current address unknown. • • r r INTERROGATORY NO. 5. Describe fully any efforts made by the City of Oak Park Heights or the Oak Park Heights Police De- partment to employ or recruit female employees. ANSWER. NO. 5. The City of Oak Park Heights presently has eight employees of which two are females. Those positions are that of City Clerk and Assistant City Clerk, or Deputy Clerk. The City Council has always welcomed and accepted each applicant re- gardless of sex, race , color, or creed and has provided each with a full and fair opportunity to seek employment with the city judging the application of each by objective criteria. INTERROGATORY NO. 6. Describe fully any job requirements or prerequisites for the positions of police officer and police reserve officer with the City of Oak Park Heights and identify any document containing said requirements of prerequisites. ANSWER NO. 6. Aside from the qualification of age, there are no prerequisites or job requirements for the position of police officer, and/or police reserve officer in the City of Oak Park Heights. In fact, it should be noted that each and every individual who applied to become a police reserve officer, was placed upon a waiting list in chronological order depending upon the date of application to fill those vacancies which occurred on the police reserve at the time when it existed. Similarily, with regard to the police officer position, all applications were welcomed and received by the City of Oak Park Heights and were processed without discrimination. INTERROGATORY NO. 7. Describe fully the hiring procedure for the positions of police officer and police reserve officer with the City of Oak Park Heights including but not limited to the following: a. Manner of informing potential applicants of available positions; b. Manner of selection of qualified applicants; c. Manner of notifying qualified applicants and non- qualified applicants ; d. Format for ,personal interviews; e. Manner in which final decision to hire is made. ANSWER NO. 7. The answer to No. 7 with regard to the position of police reserve officer, see Answer No. 6 above. With regard to the police officer position, answers are provided as follows : a. Potential applicants were informed by advertisement published within the legal newspaper for the City of of Oak Park Heights , being the Stillwater Gazette, listing same with the State of Minnesota Employment Service and the CETA Program. b. All applicants were submitted to the testing above described in Answer No. 4. c. All applicants were notified by direction of the City Council and through publication of the City Council' s minutes in the legal newspaper for the City. -3- * . i • t d. Personal interviews with the applicants were con- ducted at a general open meeting before the City Council, being irregularly scheduled meeting thereof and thereafter oral testing was conducted as noted above. e. The manner in which the final decision was to hire was made, was made before the City Council after the City Council members and the Mayor had had a chance to review the cumulative test results for the re- spective applicants . INTERROGATORY NO. 8. Identify the person (s) participating in the processing of plaintiff' s applications for the positions of police officer and police reserve officer with the City of Oak Park Heights. ANSWER NO. 8. The persons participating in the receiving and chronological listing of the applications for the police reserve would be the Chief of Police and the City Clerk. Persons responsible for processing appli- cations for the position of police officer would be the City Clerk, the Chief of Police, the City Council. Persons conducting the exam- ination are as follows . Oral examination was conducted by a three member board consisting of Assistant Washington County Attorney, Mr. Steven L. Muehlberg; Assistant Washington County Sheriff, Dwayne Spoors; and retired FBI officer, Mr. Mark DeWolff. With regards to the written examination, it was conducted under the supervision of Mr. David Knefelkamp of the Washington County Court Services office. With regard to the physical agility test, it was structured and conducted by the athletic department of the Stillwater Senior High School. Review of the testing results was done by the members of the City Council and the Mayor at a regularly scheduled City Council meeting before the public. INTERROGATORY NO. 9. State with particularity the reason plaintiff was denied employment for said positions. ANSWER NO. 9. The plaintiff was not denied employment as an independent contractor for the position of animal control officer as stated above. Plaintiff was denied employment for the position of police officer as the City Council made the decision to hire that individual who had scored the highest number of cumu- lative points on all three tests. INTERROGATORY NO. 10. Identify any documents containing hiring procedures or policies used by the Oak Park Heights Police Department for the position of police officer and reserve police officer. ANSWER NO. 10. Documents relating to hiring procedures and policies would be the City Counil minutes . -4- L ' • • . t I INTERROGATORY NO. 11. Provide a complete job description of the position of animal control officer , including all duties and responsibilities. Identify any documents describing said position. ANSWER NO. 11. The position of animal control officer in the City of Oak Park Heights is a single level position. The responsibility of that position lies directly with the City Council. As such, the only advancement opportunity is in the nature of monetary reimbursement which is set by the City Council. Compensation is always been in the form of a hourly rate together with 50% of all dog license fees collected. The animal control officer is free at all times to contract with neighboring cities to perform similar services in animal control or dog catching. The position of animal control officer has not been utilized or functional in the City of Oak Park Heights after the plaintiff terminated her relationship with the City in that capacity. The job description for the position of police officer is contained within the labor agreement between the City of Oak Park Heights and the Minnesota Teamsters Public and Law Enforcement Employees Union. INTERROGATORY NO. 12. Describe fully all equipment and facilities provided for the performance of the duties and responsi- bilities of animal control officer. ANSWER NO. 12. The equipment which the animal control law officer would be provided would in large measure depend upon the negotiations between the animal control officer and the City Council, insofar as the position was that of an independent con- tractor. However, during the time that the plaintiff was in that position, she was provided as follows : 1. A cage or cages to place animals in transport. 2. Protective gloves. 3. A place to transport the animals to. 4. A noose. 5. A dog pound facility. 6. A motor vehicle to transport the animals in (van) . 7. Identification. 8. Dog license supplies. It should be noted that no deadly weapon or radio would be required or necessary for that position of animal control officer. The communication system in the City of Oak Park Heights because it is a small city is as follows : All complaints regarding animals of any nature in the community would be phoned in to the Washington County Sheriff' s Department which has a radio dispatch center. The dispatcher would then contact the City of Oak Park Heights Police Department and advise them of the particular complaint. At the time of the charging party' s employment upon receiving the complaint and deciding that her services could be utilized, the police department would then call the plaintiff at her home whereby she would drive to the location of the incident and take custody of the animal. Due to the fact that the City of Oak Park Heights is a largely residential development with many small children, it was decided that the plaintiff in her position as the animal control officer would not and should not use any type of weapon which would be dangerous to the public at large. -5- • • • 1 1 � I � With regard to the motor vehicle which was provided to the plaintiff to transport animals in, the same was destroyed by the plaintiff in a single car accident through her own negligence, and due to the expense and cost involved with regard to the benefits to be rendered to the city and its citizens , the City Council decided that it was not economical feasible to replace the van but rather suggested to the plaintiff that she use her own vehicle for which the city would pay her mileage as re- corded by her in the performance of her contractural obligations. INTERROGATORY NO. 13. Idnetify any documents or oral communications by which plaintiff was instructed and informed of her duties and responsibilities as animal control officer. ANSWER NO. 13. See No. 12 above. INTERROGATORY NO. 14. Describe fully all equipment and facilities which were provided plaintiff for the performance of her job and identify the person providing same. ANSWER NO. 14. See Answer No. 12 above. INTERROGATORY NO. 15. Identify all persons who supervise and are responsible for the actions of the animal control officer. ANSWER NO. 15. Supervison of the animal control officer on a day to day basis was performed by the Police Department for the City of Oak Park Heights , however ultimate responsibility rested with the City Council. INTERROGATORY NO. 16. Identify any person who prepared evaluations or appraisals of plaintiff' s job performance as animal control officer. ANSWER NO. 16. None INTERROGATORY NO. 17. Identify the documents and oral communications by whbh said evaluation or appraisals were made. ANSWER NO. 17. None INTERROGATORY NO. 18. Identify any documents or oral communications directed to plaintiff involving critcisms or evalua- tions of her job performance. ANSWER NO. 18. Complaints were received by the police department by two individuals with the City of Oak Park Heights who are believed to be a Mrs . Bruce Beedle and a Mrs. Melstrom, allegedly arising out of some incident where the plaintiff had a altercation with the daughter of one of those women. There may have been other complaints presented to the city which are not immediately known at this time due to the passage of time. Also be aware that there may be numerous complaints with the City of Bayport for which the plaintiff performed the duties of animal control officer there. -6- 111 111 INTERROGATORY NO. 19. State whether the plaintiff ever complained of receiving discriminatory treatment on the job. If yes, identify any written or oral complaints . ANSWER NO. 19 . Neither the present city clerk or the past city clerks remember receiving any written complaint by the plaintiff of discriminatory treatment on the job. Neither does the City Council or the members remember receiving any specific. Plaintiff may have had some communication with former Mayor Raymond Johnson, now deceased, but the contents of that communication is unknown to this answering party. INTERROGATORY NO. 20. Identify the person who held the position of animal control officer prior to and subsequent to plaintiff. ANSWER NO. 20. The person holding the position of animal control officer prior to the plaintiff was Mr. Thomas Johnson. There were no subsequent individuals who have applied for or obtained the job of animal control officer in the City of Oak Park Heights. INTERROGATORY NO. 21. In reference to paragraph V of your Joint Answer, describe fully every instance in which you allege plaintiff refused to follow defendant' s instructions , attempted to engage in activities outside the scope of employment, or negligently damaged defendant' s property. ANSWER 'NO. 21. Regarding damages that the plaintiff rendered to the City of Oak Park Heights, it is believed that the plaintiff left the City truck, being the van which she was provided for animal control duties , unattended on a hill in a park position without a gear or brake being engaged. It is further believed that the vehicle rolled away and was later totaled upon impact with another object. Regarding her refusal to follow proper instructions , she was under the day to day supervision of the police department, yet refused and failed to cooperate with the Chief of Police who was to supervise her activities within the City of Oak Park Heights. It is believed that the plaintiff sought access to records not directly related to her duties within the City of Oak Park Heights. Specifically, that she sought access to criminal complaints or other complaints from the various citizens of the community regarding other citizens which are not animal related. INTERROGATORY ND. 22. State the type of the confidential files and records referred to in paragraph V, subsection 1 of your Joint Answer and state the location of said property in relation to the animal complaints. ANSWER NO. 22 . See Answer No. 21 above. INTERROGATORY NO. 23. State the date and the reason why the Oak Park Heights Police Reserve Unit was abolished. ANSWER NO. 23. See the attachments hereto as Exhibits A and B. INTERROGATORY NO. 24. Identify the oral communication or document by which the applicants and parties on the waiting list for the Reserve Unit were notified of its abolishment. -7- r 411 111 ANSWER NO. 24. The active members of the police reserve were notified by letter, those on the waiting list were notified through publication of the City Council' s minutes in the legal newspaper of the City. INTERROGATORY NO. 25. Identify every communication, oral or written, made between the City of Oak Park Heights or its employees and the Minnesota State Prison regarding Elizabeth Sherrard and her application for employment there. ANSWER NO. 25. It is believed that the personnel director for the Minnesota State Prison contacted the City of Oak Park Heights to verify the plaintiff was at one time the animal control officer for the City. Further, communications with the Minnesota State Prison and personnel officers as conducted by the attorneys for the City of Oak Park Heights after the action was commenced, are the work product of the defendant, City of Oak Park Heights , and priviliged. INTERROGATORY NO. 26. Identify every communication oral or written made between the City of Oak Park Heights or its employees and the Minnesota State Highway Patrol regarding Elizabeth Sherrard and her application for employment there. ANSWER NO. 26. It is believed that there was a contact from the Minnesota Highway Patrol contacting the police department of the City of Oak Park Heights , which was received and responded to by Officer Dick Jorgenson, who referred the call to the Washington County Sheriff' s Department who had received an emergency call from the plaintiff at some earlier date. Dated: August 27 , 1979 ECKBERG, LAMMERS, BRIGGS, & WOLFF BY Mark J. Vierling Attorneys for Defendants • 126 South Second Street Stillwater, Minnesota 55082 439-2878 Subscribed and sworn to before me this day of , 1979. Notary Public, Washington County, Minn. (Notarial Seal) -8- • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER. MINNESOTA 55082 439.2878 LYLE J. ECKBERG August 30, 1979 OF COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING Ars. LaVonne Wilson Mr. Eugene Ostendorf Clerk, City of Oak Park Heights Chief of Police 14168 North 57th Street 14168 North 57th Street Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 Re: Elizabeth Sherrard vs. City of Oak Park Heights, et al Dear LaVonne and Chief Ostendorf: Enclosed herewith and in regard to the above entitled matter please find a copy of Interrogatories we have received from the plaintiff' s attorney. Please complete these Interrogatories and return them to me at your earliest convenienc- You s /-ry trul, i00°' ar , -rling MJV:cg Enc. II/ b ATE OF YilLNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT File No. Elizabeth A. Sherrard, Plaintiff, vs . INTERROGATORIES City of Oak Park Heights, City of Oak Park Heights Police Department, and Gene Ostendorf, Individually and in his official capacity as Chief of Police of the City of Oak Park Heights, Defendants . TO: Defendants City of Oak Park Heights , et al and their attorney, Mark J. Viesling, 126 South Second Street, Stillwater, Minne- sota 55082 PLEASE TAKE NOTICE that the undersigned demands answers to the following Interrogatories , separately and fully in writing under oath, pursuant to Rule 33 of the Minnesota Rules of Civil Procedure for District Court, and that Answers be signed by the person making them and be served on the Plaintiff within thirty (30) days after service of these Interrogatories . INSTRUCTIONS AND DEFINITIONS In answering these Interrogatories furnish all information however obtained which is available to you including information known by or in possession of yourself, your agents and your attor- neys . These Interrogatories shall be deemed self-continuing until and during the course of trial . Information sought by these Interrogatories that you obtain after you serve your answers must be disclosed to the Pl:iintiff by Supplementary Answers . In lieu of identifying particular documents , such docu- ments may at Defendants ' option, be attached to the answers of these Interrogatories . For the purposes of these Interrogatories the term "identify" is defined as follows : A. In reference to a written document, statement, or ` r • • • report provide the following infori?iat:ion: 1. Identify preparer, source of information, and reci- pient 2 . Date prepared 3. Purpose of documentation 4 . Nature and Substance 5 . Describe any action taken in response 6 . Indicate present location B. In reference to a person provide the following informa- tion: 1. Full name, address and telephone number. 2. Job title and job description during the period of time indicated in complaint and at present. C. In reference to an oral communication provide the following information: 1. Identify speaker and receiver. 2. Date and place of communication. 3. Nature and substance. 4 . Purpose of communication. 5. Describe any action taken in response. 1. Identify the person (s) answering these Interrogatories. 2. Identify the person in charge of employment with the City of Oak Park Heights and the Oak Park Heights Police, and state how long he has been in such position. 3. List the name, address and telephone number of all females who have applied for the positions of animal control officer, police officer with the City of Oak Park Heights, and police reserve officer with Oak Park Heights. 4. Explain fully the reason each applicant referred to in Interrogatory #3 was denied employment. 5. Describe fully any efforts made by the City of Oak Park Heights or the Oak Park Heights Police Department to employ or recruit female employees. 6. Describe fully any job requirements or prerequisites for the positions of police officer and police reserve officer with the City of Oak Park Heights and identify any document containing said requirements or prerequisites. 7 . Describe fully the hiring procedure for the positions of police officer and police reserve officer with the City of Oak Park Heights including but not limited to the following: a. Manner of informing potential applicants of avail- able positions; - 9 - _ • b. Manner Li oualified applicants; c. Manner of notifying qualified applicants and non-qualified applicants; d. Format for personal interviews; e. Manner in which final decision to hire is made. 8. Identify the person (s) participating in the processing of plaintiff ' s applications for the positions of police officer and police reserve officer with the City of Oak Park Heights. 9. State with particularity the reason plaintiff was deni- ed employment for said positions. 10. Identify any documents containing hiring procedures or policies used by the Oak Park Heights Police Department for the position of police officer and reserve police officer. 11. Provide a complete job description of the position of animal control officer, including all duties and responsibilities. Identify any documents describing said position. 12. Describe fully all equipment and facilities provided for the performance of the duties and responsibilities of animal control officer. 13. Identify any documents or oral communications by which plaintiff was instructed and informed of her duties and responsibilit- ies as animal control officer. 14. Describe fully all equipment and facilities which were provided plaintiff for the performance of her job and identify the person providing same. 15. Identify all persons who supervise and are responsible for the actions of the animal control officer. 16. Identify any person who prepared evaluations or appraisals of plaintiff' s job performance as animal control officer. 17. Identify the documents and oral communications by which said evaluation or appraisals were made. 18. Identify any documents or oral communications directed to plaintiff involving criticisms or evaluations of her job performance. 19. State whether the plaintiff ever complained of receiving discriminatory treatment on the job. If yes, identify any written or oral complaints. - 3 - . 0. Identify the person who held the positionanimal control officer prior to and subsequent to plaintiff. 21. In reference to paragraph V of your Joint Answer, de- scribe fully every instance in which you allege plaintiff refused to follow defendant' s instructions, attempted to engage in activities outside the scope of employment, or negligently damaged defendant' s property. 22. State the type of the confidential files and records referred to in paragraph V, subsection 1 of your Joint Answer and state the location of said property in relation to the animal complaints. 23. State the date and the reason why the Oak Park Heights Police Reserve Unit was abolished. 24. Identify the oral communication or document by which the applicants and parties on the waiting list for the Reserve Unit were notified of its abolishment. 25. Identify every communication, oral or written, made between the City of Oak Park Heights or its employees and the Minnesota State Prison regarding Elizabeth Sherrard and her applica- tion for employment there. 26. Identify every communication oral or written made between the City of Oak Park Heights or its employees and the Minnesota State Highway Patrol regarding Elizabeth Sherrard and her application for employment there. Dated: August 27, 1979. /f�:'! ����.. ' ���-A4A r Deborah J. N`ankiyell Attorney forPlaintiff OAKES & MILLER Park Square Court 400 Sibley Street St. Paul, Minnesota 55101 227-0804 September 23, 1978 Matchers* meter, Briggmi Wolff P. A. 126 S. Second St. Stillwater, Minnesota 5506 Attention; M. J. Vierling Dear Mr. Vierlings IA response to the EECIO letter regarding Shea and attached to your aemo of September 20th, the following is submitted* 1. Thomas B. Johnson held the position of Dog Control Officer from Pebruary 1975 to his resignation on June 7, 1976. H. was inactive during the Via" Part of 197+x. 2. The position of Dog Control Officer in the City of Oak Park .'ts was a sisal. level Position* Responsibility of that position lies directly with the City Coli. As such, the only advancement opportunity was in the nature of monetary reimbursement which is set by the City Council. Besides the hourly rate, the officer receives 5( of dog license fees. 3. The above nod Thomas R. Johnson was a member of the Police Reserve unit, Ke wen paid as a Police Beeerve Officer from November 1975 through November 1977* His reassignment was not a required or routine promotional +adv t.This Job ohmage resulted in a department transfer and change in supervieion While sib as a Reserve Officer, he was functionally responsible to the Chief of Folio.„ Deter relating to him selection and acceptance is not maintained by the City Clerk. 4. The City Clerk does not have access to the Polite Department activities. Very tri Yo , - Ken Heuer, Clerk-Treasurer City of Oak Park Heights Kgs bh it _ I i i EQUAL EMPLOYMENT OPPORTUNITY COMMISSION �' 342 NORTH WATER STREET 1 0 MILWAUKEE, WISCONSIN 53202 TELEPHONE: 414/291-1111 IN REPLY REFER TO Charge No: 055771299 SHERRARD, Elizabeth vs. City of Oak Park Hghts. Oak Park Heights, Minnesota Mr. Mark J. Vierling, Esq. ECKBERG, LAMMERS, BRIGGS & WOLFF, P.A. 126 South Second Street Stillwater, Minnesota 55082 Dear Attorney Vierling: Your client was previously provided with a copy of the above cited charge. On or about September 1, 1978, we received part of the information and records relating to that charge. Regrettably, our analysis shows that additional evidence is required in order to determine the merits of the charge. Your previous cooperation was appreciated, and your continued assistance will enable us to resolve the allegations of the charge. We would appreciate your cooperation in supplying the following: 1) Submit the name of the individual who held the position of Animal Control Officer prior to the Charging Party. 2) What type of advancement was available for the position of Animal Control Officer? 3) Was the individual who held the position of Animal Control Officer prior to Charging Party a member of the Police Reserve? If so, for how long and how did the individual obtain the position? 4) Were there openings in the Police Reserve during the period October 1976 through May 1977? If so, supply a list of persons who applied also those persons hired. If you have any questions, please feel free to call me at 414/291-1117. Sincerely, a .:Pi+r-Y1 Michelle Washington Equal Opportunity Specialist HLP:WNH:BEP:MW:vj (Employment) wrgAZIIIIkIllirAIL • 0 ? ! - ECKBERG, LAMMERS, BRIGGS &WOLFF, P.A. Q LAWYERS #404 126 SOUTH 2nd STREET STILLWATER, MINNESOTA 55082 4 439-2878 " 7,i ' u � &- * %' d'' �� _ "� 11111111C 4 rift ifs ' °:.41 ;: elm � 4 w 4 ,' .. ','� ' $� �`4 *,t;''4,1 '1' 0 •4 *.,44#,*** * *-* * * fr1.J/o1414/ Dear Ken: Enclosed herewith please find copy of a letter I received from the EEOC regarding the above-referenced matter. I would appreciate any assistance you could offer regarding the enclosed questions. MJV: jw (4717 J. Vierling Enc. a//c /7 . /L-�. --�. - ear V-1 140; Go_a_e; n.,31,. —7 lc:76 -4'7 6-11-4—:--r-)_ ,\� � /t 11/73' "1 ? 7 September 15, 1978 Mr. Mark4N, Vierling Eckberr, Lammers, Aga & Wolff 126 8, Second St* Stillwater, Minnesota 5,082 Dear Mr* Vierl. gs Th. following o a summary of the hand written note 1 sent to you while on vacation and the subsequent message defining the dates of employment and starting salaries ies of Polio, Dept. personnel. I. A. Polio, Department 14168 37th St* M. Monthly Bad Mame 11,1 jeh TWA/ Pat* itt1154 ,Plarit PIM* Oatendort, F. J. Male Police timet 5/20/74 1930.00 11674,00 Cote, A. F`. Male Patrolman 6/22/''r 0 750.00 1550.00 Jo'gmmot, R. A. Male Patrolman 44.7n0 664.20 Swanson, L. M. !Hale Patr,a man 5/7/77 1020.00 1240.00 H. Maintenance Department » 10168 37th St. N. Kellogg, 4'. Male Mainto man 9/6/W 730.00 86040 Henson, $. Q. Male Utility toner. 14/24/?? 1 50.00 1236.00 C. City Administration Department « 6141 Panama Avenue N. Heuer, B. L. People Deputy Cl-fit. 1/172 2200.00 8o4.00 Serer, K,► L. Mele Cly-' easer 4/ . 6 7.50 376000 II. Regarding oral examination The Clerk's office was not involved with the selection of the oral examiners, the queegehe waged or the applicants to be interviewed* ale office did not receive copies of the questions asked or the test results. Per your request* I contacted Chief Oateredarf at his office 8140 A.M., September 14, 1978. He does not have copies of the questions asked by the interviewers* IIT. The City Council has not prepared a Job description for any of the City'`* job positions nor have specific qualifications for each position been formally established. Apparently each councilperaon determines the necessary criteria regarding duties of the position and personal qualifications needed to fill a Job opening in the City. Mark J. Vi er II ling Eakberg, Lammers, Erigge & Wolff 126 S. Main St. Stillwater, Minnesota September 15, 1978 Page 2 IV. Copies of Minutes Attached is a aapy of the minutes of the City Council simagMalirdontbruary 14. 1977 ackinowledging receipt of the resignation of Elisabeth Shera'a &WV* positioiref Dog Control Officer. Also enclosed are the minutes of May 3, 1977 which note the appointment of i Indy Swanson to the position of Patrolman for the City of Oak Park Heights. Please advise if you need additional information. Very truly yours, Kin. Heuer, C1erkurer City of t3+' OakPark Heights KH:gh Enclosures - • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF, P. A. 128 SOUTH SECOND STREET STILLWATER, MINNESOTA 55082 439.2878 LYLE J. ECKBERG OF COUNSEL: JAMES F. LAMMERS September 11, 1978 WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING Mr. Kenneth Heuer, Clerk City of Oak Park Heights 6141 Panama Ave. No. Stillwater, MN 55082 Re: EEOC/Sherrard matter Dear Ken: With regard to the questions which were sent to us by the EEOC in the Sherrard matter, I would appreciate if you could get me answers to some of the questions which were left unanswered while you were on vacation. Notably the questions which were submitted to the EEOC unanswered were: One was where they requested a list of all current employees showing the sex, department organization location, job classification or title, date of hire, starting salary, and current salary of each. Secondly in question No. 5 of their requested infor mation they asked for a copy of all questions that were asked to the individual police applicants at the oral examination. It is my understanding that Mr. Spoors, Mr. Muehlberg and Mr. DeWolf , who had conducted that examination, did not keep records of the questions past one year. As such, if you could contact the Chief and see if either one of fou have a copy of those questions, we could submit that list. In the event no one appears to have copies of the questions I will have to get some sort of Affidavit from those three panel members concerning that matter. Third, in question of No. 7 of their request they asked for a statement which would supply and specify the duties and qualifications of patrolman and animal patrol officer for the City of Oak Park Heights. I believe a basic job description of each job position should suffice in this particular question. f . , 110 Mr. Kenneth Heuer September 11, 1978 Page two Fourth, if you Could supply me with a copy of the minutes of the City Council meeting wherein the council accepted the application and appointed Lindy Swanson as patrol- man and secondly the copy of the regular meeting minutes where it was reported that Ms. Sherrard terminated her employment as animal control officer for the City, I would like to attach those copies to our supplementary answers and forward them to the EEOC. Thank you for your cooperation in this matter. Very truly yours, Mark J./LI-hag MJV: jw • • • . LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF, P. A. 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG M O OF COUNSEL: JAMES F. LAMMERS August 15 , 177 8 WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING Mr. Ken Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North Oak Park Heights , Minnesota 55082 Re: Sherrard vs. Oak Park Heights Dear Ken: Enclosed and attached hereto please find a copy of a letter sent to Chief Ostendorf regarding the above matter. With respect to the information requested by the EEOC, kindly provide me with all of the information to which you have at hand. If there are any particular requests which you find objectionable, kindly note same and inform me. Although some may invade the privacy right of some individuals , the reports to the EEOC are kept strictly confidential and are not a matter of public record. As such, the privacy privilege should not be affected for the individual employees. Thank you for your cooperation in this matter. Yours very truly, erling MJV:jf Enclosure • • July an, 1g70 Certified ^Fail *To. on7700 Charge "'o. erF77i20o •'r. Eugene flstendorf, Chief of Police City of nal' Part- Heights Village Tall Stillwater, "innesota OP2 near T'r. nstendorf: Your organization is hereby requested to submit information and records relevant to the subject charge of discrimination. The _ Commission is reouired by law to investigate char-es filed with it, and the attached request constitutes a"' part of the investigation. This reovest for information does not necessarily represent the entire body of evidence which we will need to obtain from your organization in order that a proper determination as to the merits of the charge can he made. If your organization wishes to submit additional evidence which you believe will more fully support your position, please submit this evidence along with the above recuested information on or before August bi 1O7o You may he assured that any information or explanation supclied by your organization will not he made public. Sections 7c_ (b) and 7C0e) of the Act prohibit public disclosure of such matters, until a court proceeding is instituted under the Act. Tf You need to obtain clarification or otherwise to discuss any matter associated with this charge, nlease call me at telephone number (41)9 7ni_1ii7, sincerely yours, "icbelle "ash,ngtcn Thual Crportunity specialist (`_Tclo\m,ent) • c nn ` • t i nr•� nr, nr t.,ac nn...ci.4c,rn hind ^, ,l �jn ran �r t f an eyrTla^:tjnn of , Dart.l.r�s ar'�licpt nh�2na,n'] ric.�Otlt.]O'� of ('har in!r f rf rhelOn• was P tt as rejected son the reafor the )! PL'hmit a c, t.atAment or conies of documents .-1Ch S a t forth of ar^l]Cant frOresgirTnfor„ati0n should include, hLt not be limited t ., at vhat sten° of the hjrin, process no whom hirinm decisions are made. T'rder what CirC ?mGtanCeS e reference chocs and interviews iAOuieCanrmade? r• ' Unnl v a list, of (-i,a am] nLestions, or documents n stions, used 10 interviews rlltrjrm theCO- trim- s all Phi r;p� *.'recess. Unnl Ir a 1 i St of a that1ra li all annlicants for the CherParty was rttr anal led and for those CPOSit�oth for which °arils a - considered Cluri nF* the for which l 1 the char in? t , 1n•77, classified as period April i � in�� h to: t- rov�h a• panne, h. sex, c. date of annl �• lr'atlnn whether hired, ' e. if hired, a� f . i f notat.e of hire and DOSjtion hired f �- hired read,,, and date for, 1 if neither hire{, nor flea for rejection, and _11v rejecter, explain. "tt.ac" conies of a-n licatjOns or oresumes for each Gfan1iCa! ts ^r- anv intervie; for ,S notes (.hetherfothose r mal or informal ) test results, evaluations by former e oloyPrsrind all other materials used in the scrFPpirm rrocess•7• e ,"nlv a ctester Ant c r� neci f\ri n , or conies which set forth, the of all documents whic j-Ot duties :nCd eualif• Cntg or i n -for which rharginr- Pa 1i ed, wt for the i ht have been Ot�ali fieri Grt\rrnl jpr, 1.,ac considered, Thnr'l�/ a cony d�,� of each test Pr. -1.re otninenoualifiOations for ihirpa.11?tjnr fC7 "officer; includea,- exnl ofs p to anation of the police rad;nm `�rster used Un^1�r a .Ct?tc^Apf , be used theoraocu'ents Closer b nr7 i n aria'n s � � the *gra j i strtion of nn nrceac)tires to CtiCa1:• testE'=�. written a ri ore C used in hjr• n. each for City of �at� earl- T�Pi�-hts �n of � pGlice Officer fcr ' If >>ou are ?„are of variations • from those procedures, eynlai n those variations and the reasons for them. 10• furp].v a COM, of all other docusents describing these tests. 11 . cucrly a statement or documents describing the wei7ht given to any test in determining an employee's or applicant's fitness for hire of a Police Officer. 1P,. cl.lhm_it a statement or documents which describe whether a fixed or sliding passing score on an_Sr test is used for selection to any job classification. If it is, identify each test involved and explain how it is scored for each job classification. 1? Pave all the Persons Presently in the job(s) to which Charging Party arched been tested by either the tests taken by Charging Party or a previous test? ?!'. For each job Charging party sought, list the total number of employees and the total number of male/female employees at nresent . 1 - ciuhmi t a list of aonlican'-.s or employees tested for Police Officer during the period April 1 , 1077 through August 1 , 1077. enecifv each person's test score, T•*hether selected, dateselection,of and sex. ir• "ere herartment files and reports ta1ren by nolice department Personnel r er'aar''j nrf. animal comnlaints made available to the cr e nchar--- Party? _._ 17 Please enclose a copy of Charring Party's Position rescription for the Position, aminal Control Officer, prior to terminating her employment on February 11' 1077. "hat eouin,rent would he necessary to adeouately nerforn Charging Party's cost Position? '''as rh arIn_ Party denied the use of this e 0uinment.? If so,•why? 10. "as it possible to Perform the duties of Pnimal Control officer without the use of a vehicle? 'hat is the policy with regards to the use of departrment.al vehicles as it relates to jog. s2rfor7anon? 20 '!hat type of policy am ie the J.• _.s to Pnima_1 Control Officer !'_ltd respect to the Police reserve? • • • ;9 I •�-) 4`,5 . J. Oa j /, / L....�4../ T.L1 / /.,4•14.(- - , ?l 4. r• / ?...a%41 , < / 7).1., ,,,'' '12 ._ R.A Uole.r, x'/ x 2.-j 7,1>.a. / ' 1u P �! _r� z3 3✓n - , 17, ✓nal r pp ,,1.6 ieer:, 1� D. i, �'moi. �2'!�> �1� D / U�,,,/,,[,c�.�c (?.cairn (3--- •i2,c--el"-Ly) ,�'�-;,44- Y;, P,.sn„c,r,.,��1 1 ,.i,_a-Q J L „Ji-4z) ,.z'Lc,'A1 ,2` ' tUr^ ,,,4L)1.2),-C.) .. 6 ' i, 14,e‹.'q, fit CC_ i_.;_ * ...n: 41 470/V c,42 - 1 .,c2 6/L.,u..L., C, L4'l j• •, , ..11,'(CC/. .S -ZiLef `.'/1,1f'rr' . i.( L{�__ (Gi' iY 11// r � T 1) / ` ' ' • , . • Li,! Al-t---ti ,LtteL_Li a fcte,.. ccAA. . aL.c . Caz- ,, c /..)_0f75/ 930 • -- /6 Iii, 1(171?6 Co (O1 .. 0 /5 .39, 1/9.0 1 Z-AJ-e-t.-A-s-Atrzl ,..) / 7/ 7 ? /02 0. ---- /a ga, , ieiLa.sf 9 i/co 1 -, 7 7S-0. . - : :x . . c/2 077 //S:a . 423c, 02 _ 4 410 . • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT File No. Elizabeth A. Sherrard, Plaintiff, vs. ANSWERS TO RULE 33 INTERROGATORIES City of Oak Park Heights, City of Oak Park Heights Police Department, and Gene Ostendorf, individually and in his official capacity as Chief of Police of the City of Oak Park Heights, Defendants. TO: Defendants City of Oak Park Heights et al, and their attorney, Mark J. Vierling, 126 South Second Street, Stillwater, Minnesota 55082. 1. State your full name, address of residence, present places of employment with any municipality or governmental sub- division, dates of commencing such employment, duties and responsi- bilities involved therein. Answer: Elizabeth Ann Sherrard, 14832 Upper 55th Street, Still-ater, Minnesota 55082; plaintiff has been employed by the City of Bayport, Minnesota since September 1, 1977, as Animal Control Officer. It is her responsibility to enforce the animal ordinance. 2. Do you know of any other person or persons other than defendant and its employees who has any knowledge concerning the factual basis of your claim or the allegations of any party to the above-entitled matter, and if so: a. Identify each person by their name, residential address, occupation, business address, and residential phone number; Answer a. Sharon Abrahamson, St. Paul, Minnesota; supervisor, Division of Water, Department of Natural Resources, 444 Lafayette Road, St. Paul, Minnesota; Kenneth Anderson; 411 , • 14270 North 57th Street, Stillwater, Minnesota, 439-0271; factory worker at Anderson Corporation, Bayport, Minnesota. b. Describe in detail the nature and scope of their knowledge and the substance of 'that knowledge; g Answer: b. Ms. Abrahamson witnessed harrassment of plaintiff byCity the of Oak Park Heights Police Department (hereinafter Department) . She has also been observed and questioned by officers in the Department in connection with plaintiff. Mr. Anderson was told by an officer of the Department that plaintiff was under surveillance by the Department. He was also told that the Department did not follow their own merit procedures in filling the recent vacancy for patrol officer. c. Describe in detail how those persons acquired such knowledge. Answer: c. See Interrogatory Answer #2b above. 3. In paragraph eight of plaintiff' s Complaint, plaintiff states that the Chief of Police, Gene Ostendorf, refused or failed to provide her with instructions, equipment, and facilities necessary to the proper performance of her duties as Animal Control Officer. With respect to said allegation state the following: a. Specifically identify and describe all instruc- tions, equipment and facilities which plaintiff requested of defendant; Answer: a. Plaintiff requested instruction for the use of the tranquilizor gun; use of a two-way radio; information regarding procedures for giving tickets for violations of the Animal Control Ordinance; access to the premises where stray - 2 - dogs were to be kept; and use of a vehicle. b. Regarding the specific times plaintiff made such request, identify the dates on which such re- quests were made, the places where the re- quests were made and names of all bystanders and witnesses who overheard or were present when such requests were made. Answer: b. On or about July 14, 1976 , plaintiff asked Albert Cote where instructions for the tran- quilizer gun were kept. Chief Cote indicated that he did not know. Tom Johnson was present. On or about August 6 , 1976, plaintiff asked Mayor Raymond Johnson for use of a two-way radio. Mayor Johnson referred her to the Department. Plaintiff then asked defendant Ostendorf and Officer Jorgenson for use of a two-way radio. Plaintiff repeated her re- quest to defendant approximately every month. On each occasion she was told to ask the Mayor. In approximately July or August, 1976 , plain- tiff asked defendant Ostendorf for information regarding procedures for giving tickets for violations of the Animal Control Ordinance. Defendant Ostendorf did not respond. In early winter, 1976 , plaintiff was advised that animals would in the future be kept at the old sewage plant. When plaintiff inspect- ed the plant in December, 1976, she was advis- ed by Jerald Renich that the 6-8" of water on the floor would be taken care of. Mayor Mondor also advised her that the water would be removed. In January, 1977, plaintiff picked up a dog and tried to gain access to the plant. Access to the plant was blocked by unplowed roads, even though plaintiff had earlier told Mayor Mondor about the need for plowing. On December 14, 1976, plaintiff had an accident with the vehicle provided by the Department. Richard Seggelke assured her that a replace- ment vehicle would, be provided. When no replacement vehicle was forthcoming, plaintiff suggested to defendant Ostendorf and Mayor Mondor that another vehicle owned by the City' be used. This request was refused. c. State the specific statements of any and all such requests and responses to such requests made by and between yourself and any of the defendants or the defendants ' employees at each of the above stated times, identifying with particularity the maker of each such statement. Answer: c. See Answer #3b above. 4. In subpart one of paragraph eight of plaintiff' s Complaint, plaintiff states and alleges that the animal complaints were referred to male officers instead of plaintiff and plaintiff was refused access to animal complaints. With respect to said allegations identify and state the following: a. The method by which complaints were referred to such officers and the method by which plaintiff asserts or believes she would have been contacted; Answer: a. When plaintiff began her employment as Animal Control Officer for the City of Oak Park Heights, she received animal complaints directly from the Department. After November 6, 1976 , when defendant Ostendorf became Chief of Police, complaints of animal ordinance violations were e e referred to male police officers, and--not-'directiy--through the-sheriff.. b. The date or dates on which she was denied access to animal complaints, the specific place where such complaints p is were kept, the individual or individuals so refusing plaintiff access and each such time, and the specific number of complaints to whcih she was refused access. Answer: b. Plaintiff was never permitted access to past animal complaints which were kept in a locked file cabinet in CityHall.1. Defendant Ostendorf refused to permit her to have access to such records. 5. In subpart four of paragraph eight of plaintiff's Complaint,P , plaintiff claims that she had been denied the use of equipment, facilities and vehicles supplied to her er predecessor in that position. With respect to those allegations state and identify, the e specific equipment, vehicles and facilitiesl which you claim you were denied the use of and its place of keeping. Answer: Plaintiff was denied the use of a two-way radio, a vehicle, alace to keep eep animals , and access to the records which contained the disposition of ordinance tickets she had written, all of which were available to her predecessor. 6. In subpart six of paragraph eight and paragraph four- teen of plaintiff's Complaint p nt plaintiff alleges that she and g other individuals were subjected to harrassment with respect to said allegations of harrassment state and identify: 1 a. The names and addresses of the particular individuals who plaintiff claims have harrass- ed her or her friends; - 5 - • ' 1 Answer: a. The identify of most of the individuals is unknown to plaintiff. Plaintiff was, however, able to identify Police Reserve Officer Conlan and Officer Lindy Swanson. b. Specifically describe in detail the particular acts of harrassment giving dates, times, places and the names of persons present thereon. Answer: b. From June to October of 1977, police squad cars from defendant City drove by and slowed to an almost complete stop in front of Mrs. Sherrard's home approximately every hour- of the day. On some occasions, the squad cars stopped and the officers peered into the windows of Mrs. Sherrard's home or into her garage. From October to the end of November, 1977, the patrolling decreased but was resumed in late November, 1977. Mrs. Kellogg, 14802 Upper 55th Street, Oak Park Heights, Minnesota, has witnessed this patrolling. On May 11th, at approximately 11: 30 p.m. , and on May 29 , 1978, squad cars of the police depart- ment of defendant City followed Mrs. Sherrard when she drove on public highways. On numerous occasions squad cars of defendant City followed Ms. Sharon Abrahamson when Ms. Abraham visited Mrs. Sherrard' s home. Squad cars followed Ms. Abrahamson at midnight on October 8, 1977 and at 10:00 p.m. on January 7, 1978, when she left plaintiff's home and also on January 27, 1978. From July through October of 1977, plaintiff received three or four anonymous telephone calls every day, usually at approximately 8: 30 a.m. , 10 : 00 a.m. and 8: 00 p.m. in which the calling party waited silently for about 10 seconds and then hung up. • ' • On weekend evenings from August through December of 1977, when plaintiff, her husband and two children went to McDonald' s in Oak Park Heights, the police reserve officers of defendant City who were on duty there continuously stared at and watched plaintiff and her family. On October 15, 1977, at approximately 8: 30 p.m. , when plaintiff and Ms. Abrahamson went to McDonald' s, police reserve officer Conlan who • was on duty there tapped plaintiff on the shoulder with his two-way radio. He then stopped Ms. Abrahamson and repeatedly asked • her who she wad and where she was from. On Halloween night, 1977, at approximately 7: 00 p.m. , directly before plaintiff went to work in North St. Paul as a police reserve officer and while she was wearing her police reserve uniform, she took her two children trick or treating in her neighborhood. Lindy Swanson, patrolman for defendant City broad- cast throughout Washington County over his police radio that plaintiff was inpersonating a police officer. Sargeant Peter Stielow, a co-worker of plaintiff's on the North St. Paul Police Reserve, stated to plaintiff that the City Attorney of defendant City, and defendant Ostendorf had told him damaging personal in- formation about plaintiff including informa- tion about a charge of discrimination she had filed. 7. In paragraph nine of plaintiff's Complaint, plaintiff alleges that she was subjected to remarks of a sexual and derogatory nature by defendants and other employees of defendant City of Oak Park Heights. With respect thereto state with particularity: - 7 - • ! , i a. The name or names of any such person or persons making such remarks, the place or places where such remarks were made, and the date or dates on which such remarks were made; Answer: a. In September of 1976, at the Village Hall of defendant City, defendant Ostendorf asked plaintiff if she had seen Hustler magazine. Defendant Ostendord then told plaintiff that he liked to look at Hustler magazine and about similar magazines. Defendant Ostendorf told plaintiff how he liked to chase girls through cornfields, catch them and get what he wanted. To plaintiff's knowledge, there were no witnesses to this conversation. On October 29, 1976 , at the Village Hall in the. City of Oak Park Heights, plaintiff asked defendant Ostendorf for an application for the position of reserve officer for the Police Department for defendant City. Jerald Renich, an employee of the City of Oak Park Heights, was present. Defendant Ostendorf ignored plaintiff, refusing to answer her or acknow- ledge her request. Plaintiff repeated her re- quest for an application for the position of reserve officer. Defendant Ostendorf and Mr. Renich laughed and joked and plaintiff walked out of the Village Hall. Plaintiff returned to the Village Hall and again requested from defendant Ostendorf an application for the position of reserve officer. Defendant Ostendorf then gave plaintiff the application form. Defendant Ostendorf told plaintiff that if he hired her as a reserve officer, he would sit in the car and make her do all the chasing because plaintiff would be good at chasing. • ‘ s On November 2 , 1976 , at an election party at the Edmond Ranallo residence, 14904 North 60th Street, Oak Park Heights, Minnesota, plaintiff asked defendant Ostendorf if she could get an application for the position of patrolman. Defendant Ostendorf asked plaintiff if she would sue him if he didn't give her an applica- tion. Defendant Ostendorf then told plaintiff that he and another male employee of the City of Oak Park Heights should take plaintiff out New Year' s Eve, that she would be wearing only a bra and panties when she got home, that defendant Ostendorf and the other male employee would then take turns with plaintiff in the back seat of the car, that the car had a red interior so it would not matter, that plaintiff would not get home until 8: 00 a.m. the next morning. Defendant Ostendorf went on to describe to plaintiff how he had found a couple playing around in Valley View Park. Defendant Ostendorf described the kleenex the couple had thrown out the car window as having stuff on it as thick as snot. Defendant Ostendorf then told plaintiff that if he did not go to the bathroom, plaintiff would see wet shorts, but that she would like that. Plaintiff got up to leave the party. Defendant Ostendorf patted his lap, asking her to sit on it. There are no known remaining witnesses to this discussion. On November 3, 1976 , Jerald Renich, employee of the City of Oak Park Heights, telephoned plaintiff and invited her to his home, stating that his wife was not home. Plaintiff declined. - 9 - Mr' nich ,then told plaintif hat defendant Ostendorf would hire the best person for the position of patrolman and that person would not be plaintiff. Mr. Renich told plaintiff that if she resigned as Animal Control Officer, they had someone to replace her. Late in December, 1976, when plaintiff and Jerald Renich were inspecting the sewage plant, Mr. Renich told plaintiff that the old sewage plant would make a good cat house. Plaintiff told Mr. Renick that she did not think she would pick up that many cats. Mr. Renich then told plaintiff that that was not the kind of cat house he meant. b. State the specific statements made by and between yourself and such individuals at each of these times identifying the maker of such statement; Answer: b. See Answer #7a above. c. State the names and addresses of any bystanders or witnesses who were present or overheard any such remarks or statements. Answer: c. See Answer #7a above. 8. In paragraph fifteen and sixteen of plaintiff's Complaint,p , plaintiff alleges that the State Prison authorities and personnel relied on information supplied by the defendant denying plaintiff employment. With respect to such allegations specifically identify: a. The name of the personnel employee or interview- er who indicated that specific information to plaintiff. - 10 - Answer: 111 a. Davi Corbo and an unknown individual advised plaintiff that they knew of her pending charge of discrim- ination based on sex in employment. against defendants. b. The particular and specific content of the information alleged to have been conveyed by the defendants to the State Prison officials or employees; Answer: b. Unknown. c. The name of the individual who so informed the State Prison employees or officials and the date or dates on which such information was conveyed or communicated; Answer: c. Unknown. d. The name or names of such persons initiating the discussion about the plaintiff. Answer: d. Unknown. 9. Are you in the possession of, or do you have any knowledge of, any documentary evidence or tangible evidence of any nature that could verify or disclaim the existence or the substance of any of the above conversations mentioned in Interrogatory nos. 3, 4, 5, 6 , 7 or 8, and if so: a. Describe in detail the nature and form of such evidence; b. Describe in detail the substitive content of the documentary or tangible evidence as it relates to the above-entitled matter; c. If the evidence is of a written or documentary nature, kindly attach copies hereto; d. If the evidence is not of a written documentary nature, where can it be located and who is in possession of it? . V • I ' ` • Answer: See attached Exhibits A and B. In addition, plaintiff has a diary documenting incidents of harrassment which is in her possession and a tape recording of a police radio call reporting plaintiff for impersonating an officer which is in a safe deposit box in Stillwater. • Dated: June 19, 1978. ,r i' , �� ,%-� l �, Patricia A. Reinhart Attorney for Plaintiff OAKES & MILLER Park Square Court 400 Sibley Street St. Paul, Minnesota 55101 227-0804 J J Eliszgbeth Sherrard Subscribed and sworn to before me this / 7 day of June, 1978. ' r Notary Public PAMiCIARENNMY t-1:u is Tt.;:'i Fii�LC•-1.4ii<;;�,cTA� j L 2 S t .ti9F.19!<CFfr4 COIiC!TY nir cor:xc�s�or�cxYuea� JULI'8,;JS4 1 ') _ i STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT File No. Elizabeth A. Sherrard, Plaintiff, vs. City of Oak Park Heights; City of SUMMONS Oak Park Heights Police Department; and Gene Ostendorf, individually and in his official capacity as Chief of Police of the City of Oak Park Heights, Defendants. THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS. You are hereby summoned and required to serve upon petitioner's attorney an Answer to the Complaint which is here- with served upon you within 20 days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Dated: April 19 , 1978. �.. .�._<`: _ 0/\,\\ .... Linda A. Miller Attorney for Plaintiff OAKES & MILLER Park Square Court 400 Sibley Street St. Paul, Minnesota 55101 227-0804 II! STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT File No. Elizabeth A. Sherrard, Plaintiff, vs. City of Oak Park Heights; City of COMPLAINT Oak Park Heights Police Department; and Gene Ostendorf, individually and in his official capacity as Chief of Police of the City of Oak Park Heights, Defendants. INTRODUCTION 1. Plaintiff brings this action against defendants pur- suant to Mn. Stat. §363.14 (1974) , the United States Constitution and laws of the State of Minnesota seeking declaratory relief, pre- manent injunctive relief and damages. 2. Plaintiff Elizabeth Sherrard is a female who resides in Stillwater, Minnesota. 3. Defendant City of Oak Park Heights (hereinafter City) is a third class city located within the County of Washington, State of Minnesota. Defendant Ostendorf is Chief of Police of the City of Oak Park Heights. At all times mentioned in this Complaint defendant Ostendorf has acted individually and within the scope of his duties as servant, agent and employee of his co-defendant, the City of Oak Park Heights. 4. Plaintiff filed charges of discrimination based on sex against defendants with the Minnesota Department of Human Rights on April 20 , May 10 and June 9 , 1977. 5. More than 90 days but lessthan one year has elapsed and no hearing pursuant to Mn. Stat. §363.071 has been held. FACTS 6. On July 9, 1976, plaintiff was appointed Animal Control Officer for the City of Oak Park Heights Police Department by Mayor Raymond Johnson. 7. Plaintiff is the only female who has ever held a position in the Oak Park Heights Police Department, with the exception of one part-time deputy clerk. 8. Early in her employment as Animal Control Officer for the Police Department of the City of Oak Park Heights, defend- ants Police Department and Gene Ostendorf refused to cooperate with plaintiff and failed to provide her with the instructions, equipment and facilities necessary to the proper performance of her duties. Such actions include the following: 1. Animal complaints were repeatedly referred to a male police officer rather than to plaintiff and plaintiff was refused access to records of animal complaints; 2. Defendants failed to swear plaintiff in so that she would be qualified to issue citations for violations of the animal control ordinances; 3. Defendants failed and refused to instruct plaintiff in regard to keeping records of complaints and in the use of equipment; 4. Plaintiff was denied the use of equipment, facilities and vehicles which had been provid- ed to the male who had been employed by defendants as Animal Control Officer prior to plaintiff. 5. Plaintiff 's request to be on the Oak Park Heights Police Reserve while acting as Animal Control Officer was denied. 6. Although plaintiff had been authorized by the City Council of Oak Park Heights to purchase necessary equipment, when she did so, defendants subjected her to harassment. 9 . During plaintiff' s employment she was subjected to various remarks of a sexual and derogatory nature made by defendant Gene Ostendorf and other employees of defendant City. 10. Because of the intolerable conditions of plaintiff's employment, she resigned from her position as Animal Control Officer for the City of Oak Park Heights Police Department and subsequently filed a charge of discrimination in employment based on sex with the Minnesota Department of Human Rights. 11. In April of 1977, plaintiff applied for CETA position as Police Officer with the City of Oak Park Heights. Plaintiff received a passing score on the written examination and - 2 • • • 6 a higher score on the physical agility test than the male who was subsequently hired. A prerequisite to being hired was complete un- employment for 30 days. The male who was hired was presently em- ployed. 12. In May of 1977 , plaintiff applied for the position of Police Reserve Officer with the City of Oak Park Heights. Three males were hired as Police Reserve Officers. Plaintiff was not notified by telephone or mail of this hiring decision. 13. Plaintiff was overlooked and denied consideration for employment as a Police Officer and as a Reserve Officer solely be- cause she was a woman and because of the previous charge of discrim- ination based on sex which she had filed with the Minnesota Department of Human Rights. 14. Since plaintiff filed the above charges of discrimin- ation, defendant Police Department has subjected her to harassment. Such acts of harassment were designed to frighten plaintiff and her friends. 15. In June of 1977 , plaintiff applied for a position as a Prison Guard at the Minnesota State Prison in Stillwater, Minnesota. The State Prison informed plaintiff that she would be given consideration when a position was available. In a later inter- view the State Prison made clear that they had been informed of plaintiff' s discrimination suit by Personnel in the Oak Park Heights Police Department and subsequently failed to hire her as a Prison Guard. 16. The acts of the City of Oak Park Heights, acting through its Police Department, Police Chief Gene Ostendorf and other agents and employees, are a direct and proximate cause of the failure of plaintiff to be hired by the Minnesota State Prison and constitute acts of retaliatory reprisal in violation of M.S. §363.03, Subd. 7. FIRST CAUSE OF ACTION Plaintiff for her first cause of action againat defendant City, Police Department and Gene Ostendorf, individually and in his official capacity, realleges paragraphs 2 through 17 of this Complaint. - 3 - • 17. This cause of action arises pursuant to Mn. Stat. §363. 14 (1977) . 18. The above named defendants have violated Mn. Stat. §363.03, Subd. 1 (2) (c) (1974) , by their discriminatory treatment of plaintiff, solely on the basis of sex during her tenure as an Animal Control Officer for the City of Oak Park Heights in failing to provide the equivalent training, equipment, conditions, facilit- ies and privileges of employment provided male employees. 19 . Defendants have discriminated against plaintiff on the basis of her sex in violation of Mn. Stat. §363 .03, Subd. 1 (2) (c) and §363.03, Subd. 7 (1977) , in that plaintiff is and has been at all times relevant hereto, fully qualified to discharge all the duties and functions of a Police Officer and a Police Reserve Officer, but defendants have failed and refused to employ her as such solely because of her sex and as a retaliatory reprisal against her for filing a charge of discrimination in employment on the basis of sex with the Minnesota Department of Human Rights . 20 . The above named defendants and their agents and employees, in furnishing information beyond that necessary to describe job performance and history, including information regard- ing the charges filed by plaintiff with the Minnesota Department of Human Rights to numerous persons including potential employers, have engaged in an unlawful retaliatory reprisal against plaintiff in violation of Mn. Stat. §363.03, Subd. 7 . Rutherford v. American Bank of Commerce, 11 E.P.D. 10 , 829 (N.Mex. 1976) , aff'd 10th Cir. 1977. Defendants are therefore liable to plaintiff from the date she would have been hired by the Minnesota State Prison, had defend- ants not apprised said Prison of the charges of discrimination. SECOND CAUSE OF ACTION Plaintiff for her second cause of action against defend- ants City, Police Department, and Gene Ostendorf, individually and in his official capacity, realleges paragraphs 1 through 20 of this Complaint. 21. Plaintiff 's right to equal protection of the laws guaranteed by the Fourteenth Amendment to the United States - 4 - • t F • Constitution, Article I, Sec. 7 , of the Minnesota Constitution and 42 U.S.C. S1983, has been violated by defendants, who acted under color of State law but exceeded the lawful bounds of their authority, in that defendants refused and failed to provide plaintiff with the equivalent privileges and conditions of employment provided to male employees and refused and failed to employ plaintiff because of her sex. 22. The illegal conduct of defendants deprived plaintiff of the rights, privileges and immunities secured to her by the Fourth, Fifth and Fourteenth Amendments of the Constitution of the United States, and the Constitution and laws of the State of Minnesota. Such rights include freedom from an unreasonable intru- sion of privacy and freedom from unlawful retaliation for the exercise of the rights guaranteed to plaintiff by the Fourteenth Amendment to the United States Constituion and Article I, Sec. 7 of the Minnesota Constitution. Wherefore, plaintiff requests that the Court provide her with the following relief: 1. Ordering the defendants and their agents and employees to cease and desist from committing the unlawful harassment and retaliatory reprisals against plaintiff. 2. Declaring that the patterns and practices of the defendants in regard to plaintiff constitute an unfair discrimina- tory practice in violation of Mn. Stat. §363.03, Subd. 1 (2) (c) and §363.03, Subd. 7 (1) . 3. Ordering defendants to employ plaintiff as a Police Officer with full seniority, obligations and benefits. • 4. Granting judgment for plaintiff against defendants, jointly and severally, for back pay from the date she would have been hired as Police Officer by the City of Oak Park Heights but for her sex to the date of this Complaint, plus interest at the rate of 6% and additional back pay until such time as judgment is entered herein. 5. Ordering defendants to pay plaintiff as additional back pay the sum of $ to compensate plaintiff for the - 5 - I - 410 111 wages to which she would have been entitled from the Minnesota State Prison but for the defendants' retaliatory furnishing of information regarding plaintiff' s filing charges of discrimination with the Minnesota Department of Human Rights. 6. Ordering each defendant to pay to plaintiff the sum of $500 .00 as and foruni i p t ve damages for their violation of Mn. Stat. §363.03, Subd. 1 (2) (c) and §363.03, Subd. 7 . 7. Award to plaintiff compensatory damages, including damages for mental pain and anguish in the amount of $4 ,000.00 against defendants jointly and severally. 8. Ordering defendants to pay to plaintiff the sum of $4,000.00 in additional punitive damages for their willful, malicious and unreasonable harassment and retaliatory actions. 9. Ordering the defendants to pay reasonable attorney' s fees incurred in pursuing this action, plus costs and disburse- ments herein. 10. Awarding to plaintiff such other and further relief as the Court deems just and proper. 'mss \�. ' \�� Dated: April 19, 1978. ``�=� Linda A. Miller Attorney for Plaintiff OAKES & MILLER Park Square Court 400 Sibley Street St. Paul, Minnesota 55101 227-0804 - 6 - L i 4 CITY"OF OAK PARK H :IGHT3 fj21 P3 irlt MINUTES OF SPECIAL MEETING HELD MAY 3, 1977 2` Insurance review. Mayor Mondor called the meeting y et ng to order. Present: Groth, Lang, Mondor, Seggelke, Heuer and Eckberg. Absent: Torgerson. Mr. Peet, an Insurance Consultant engaged by the Council, reviewed the written reports he previously submitted and answered all questions relative to insurance. Seggelke made a motion directing the Clerk to prepare the Underwriting Data required for obtaining insurance quotations in accordance with the specifications prepared . , by Mr. Peet and authorise Mr. Peet to review and prepare a written report on the proposals received. Seconded by Lang. Carried - 4 yes votes. Torgerson absent., • Chief Ostendorf presented the five top candidates for Patrolman based on the testing program designed by the Minnesota Attorney General's Office to the Council for review. The candidates and their scores are 1) Lindy Swanson - 187 2) Scott Johnson —173 3) Robert Patrick - 168 4) Thomas Johnson - 163 3) Elizabeth Sherrard - 164. Chief Ostendorf recommended Lindy Swanson based on test scores and his background investigation. Groth moved to hire Lindy Swanson as Patrolman subject to successful completion • of psychological test. Date of hire is dependant on the test report. Starting salary of $1020 per month and benefits as described in Union Contract approved November 29, 1976 to apply. Seconded by Seggelke. Approval by yea votes of Groth, Seggelke and Mondor. Mo ',Lugo-4 Torgerson Absent. Groth moved to engage Midwest Planning and Research Inc. to prepare the City's Comprehensive Plan at a not to exceed cost of $8,00o. and Technical Service Planning work. Both services are accepted at the rates quoted in their proposal dated March 6, 1977. Seconded by Lang. Carried - 4 yes votes. Torgorson absent. Clerk was directed to contact Mr. Licht and request contract from him for review . at May 9th meeting. R. Hobson request for sanitary-sewer information was read. Groth made a motion to • request engineer to meet with R. Hobson to determine elevation of existing sewer line in relation to his present house service to determine if connection can be undo. • Seconded by Seggelke. Carried - 4 yes votes. Torgerson absent. Cost of inspection • will be paid by Mr. Hobson. • Seggelke authorised Park and Recreation Department to engage Boy Scout Troups to clean up the City parks. Seconded by Lang. Carried - 4 yea votes. Torgerson absent. Groth will make the arrangements. ' Groth moved to adjourn. Seconded by Lang. Carried - 4 yes votes. Torgerson absent. K Heuer, Clerk-Treasurer • ity of Oak Park Heights KR:bh • nT T^c'TTpr'r TP'. Drr n rnTmr r-'A,Dcr' 'an_ 0.A r7717o0 7""' information described and reoi' 'ted by this ouestionnaire is necessary to the united ('fates Pqualoloyment Onnortunity (o'mission's investigation of charge number CE771p^0, Please supply the information snecified to the ?`ilwaukee District on or before fturust 1! 107Q. If there are any Questions, if any discussion is needed, or if for some substantial reason an extension is renuired to the time specified for resnonCe, please contact `•"ichelle `'ashinc-ton at telephone number (241)!) 201-1117. If alternate documents are available which will satisfy the purpose of some item requested and can he supplied with greater convenience or less expense, please sunol y them as an alternative; if there is doubt as to the appropriateness of a possible substitution, discuss the matter with the Terson identified above. me annreciate your cooneration in supplying the following: i submit a list of all current employees, and show for each: a. sex, h. department/organizational location, c. job classification or title, d. date of hire, e. startlnr salary, and f. current salary. For the period rnril 1 , 1077 through Aurrust 1 , 10.77, specify by ioh title which vacancies existed in the City of ^ak Park Teiahts police nenartrent. nor each vacancy filled since that date, indicate the seya successful t0.., succe..sful applicant and the date he or she initially anal i ed; where any such person is no Longer emnloyed, indicate the reason for and-date of termination of his or her employment. " 7 Did Chargirr Darty seer., in,auire about or Ike application for omni ovment? If so, submit: 2. a cony of Charging Party's anplination or resume, h. rate of such application or inquiry, c. any material, reference, or interview notes relevant to the nrocessi.nc' of rbarrin,r Party's acnlication, d. position or position-type apul ied for,