Waverly council approves temporary paid suspension and later accepts settlement in personnel matter

The Waverly City Council voted April 29 to place city employee Nick Kizer on a temporary suspension with pay and, after continuing the meeting to May 4, approved a Settlement Agreement and Release signed by Kizer.

Mayor Connie Holmes closed the April 29 special session under the attorney–client privilege exception to Minnesota’s open-meeting law to discuss threatened litigation related to an employee and later invoked the exception for preliminary consideration of allegations against an individual subject to the council’s authority. The council then moved in open session to approve a temporary suspension for Kizer; the motion was made by Council Member Scott Jacobson and seconded by Council Member Jim Kittock (motion language in the minutes: "to approve a temporary suspension with pay for Nick Kizer"). The public transcript records the motion as "m/s/p" (moved, seconded, passed) but does not include a roll-call vote tally.

The council recessed the special session at 6:45 p.m. on April 29 and reconvened the continued session on May 4 at 6:05 p.m. At the reconvened session City Attorney Rhonda Pasel presented a Settlement Agreement and Release that, according to the minutes, had been signed by Nick Kizer. Council Member Scott Jacobson moved to approve the Settlement Agreement "as presented," the motion was seconded by Jim Kittock and the minutes indicate the motion carried; the transcript again does not include a public roll-call tally for the approval.

City Administrator Carrie Krienke and Maintenance Supervisor Jason Karels were listed as present for the meeting; Council Member Ben Duske was recorded as absent for both the April 29 and May 4 sessions. The minutes show standard procedural motions to approve the agenda and to continue the meeting to May 4 were also passed during the April 29 session.

Because the council invoked closed-session exceptions to discuss legal strategy and preliminary personnel allegations, the minutes and public transcript omit details of the allegations, the content of the legal advice, and the settlement terms. The publicly available record therefore does not include the monetary terms of the settlement, the duration of the suspension beyond its immediate effect, or the precise vote tallies by council member. Those details were not specified in the transcript provided.

The council moved to adjourn the continued session shortly after approving the settlement.