Open attachment below to read a Q&A on the issue from City Administrator Mark McNeill.

By Shannon Fiecke, Staff Writer

The Shakopee City Council took questions from firefighters Tuesday in a special meeting to address how candidates were vetted for the city’s first full-time fire chief job.

Besides wondering why city police were chosen to conduct background investigations for internal candidates, as well as an internal affairs investigation of former Chief Ed Schwaesdall, firefighters were concerned about how allegations of off-duty misconduct are treated.

Both firefighters and city officials expressed frustration over rumors and unanswered questions that persisted when Schwaesdall was put on paid administration leave pending the results of an investigation. However, city officials said they were limited in what they could say because of data privacy laws.

"This could have squashed a lot of it," said Lt. Trevor Geis of answers he received Tuesday to questions about the hiring process, which he submitted to city councilors two weeks ago.

Councilor Matt Lehman said he had prepared a response to Geis, but it got hung up when lawyers vetoed it.

City Attorney Jim Thompson said some of the questions spilled over into what was then a pending investigation and, therefore, the city needed "to be very, very careful."

On Tuesday, city officials defended the use of an internal police investigator for background checks as being more efficient and effective. They agreed the city needed better define policies about off-duty conduct.

The city paid Personnel Decisions Inc. $21,394 to conduct the fire chief search and help screen candidates. The 96 initial candidates were narrowed down to 17, then seven, and then the final four, of which Schwaesdall was deemed the top pick. Panels of firefighters, city officials and metro fire chiefs were also involved in interviews.

Last week, when Schwaesdall resigned following an investigation into an allegation concerning off-duty conduct, firefighters and others wanted to speak at the council meeting. City councilors, who voted 4 to 1 to accept the resignation after meeting with Schwaesdall in closed session, wouldn’t allow discussion about the matter due to employee privacy laws.

The mayor said then that the city would schedule a meeting soon with firefighters to address issues about the hiring process.

Councilor Matt Lehman said using Personnel Decisions was consistent with the process used for hiring the police chief.

"That’s why I was OK with it," he said.

The city could have also hired Personnel Decisions to conduct background investigations of internal candidates.

Mayor John Schmitt said police have access to information a standard background check wouldn’t produce.

Although it saved $500 per candidate to conduct the check internally, one firefighter told the council the city should have hired an outside agency for the sake of transparency and to avoid a conflict of interest, given the small size of the city and that everyone works together.

As the Fire Department’s first full-time officer, this was the first time such a detailed background check has been used for a firefighter, but it is similar to what is done for police officer candidates, as well as those who have access to sensitive records.

In a staff memo on this issue, McNeill said the background check for public safety personnel is extensive and includes a check of references and people who know the applicant, as well as checks of employment history and educational and military records.

The investigation is designed to uncover information on everything from technical skills and abilities to personality traits and work and management styles. Individuals who are interviewed are also routinely asked about the applicant’s use of drugs or alcohol and how they respond when angry or frustrated, etc.

Issue was also taken with the use of city police to investigate the allegation against Schwaesdall.

McNeill said the city contacted two other departments about conducting the investigation — one declined because it dealt with a non-criminal matter and the other said it would be 10 days before it could even begin.

It was Schwaesdall’s preference that the matter be handled by Shakopee police.

City Attorney Thompson said the goal of being impartial had to be balanced with trying to get the matter handled expeditiously, because the "longer it hangs" out there, the longer rumors go.

Councilor Terry Joos said he was comfortable with how the city proceeded.

"We have a top-notch investigator," Joos said, adding that "this was a very difficult issue."

Schwaesdall, who is upset with false rumors characterizing the allegation, has said he preferred to resign and seek a different fire chief job rather than accept the terms he was offered by the city.

Firefighters also asked questions about what constitutes off-duty time. They are particularly concerned about how the city handles allegations regarding something that happens in their personal time, when it doesn’t involve a criminal charge, and what care will be taken to prevent investigations of such incidents to spill over and affect their regular jobs and careers.

First District Chief Dave Judd told the council that a situation like what happened with Schwaesdall could damage anyone in his or her full-time job.

Judd said that if the same thing had happened to him, "oh, my goodness."

There are times when the city may be legally obligated to provide information when the public or media ask, City Administrator Mark McNeill said, but the city doesn’t issue press releases to try to alert the public to an internal-affairs investigation.

"What it can’t control is the rumor mill," he said, noting there were characterizations made concerning Schwaesdall that were "wholly inaccurate" and unfair.

If asked, the city would have to confirm the fact that someone is put on paid administrative leave. However, it is prevented from saying much during the investigation.

"The law says we can’t discuss anything," Thompson said.

He gave an example of a police officer being put immediately on paid administrative leave following a shooting — which is standard policy — and a city can’t say anything more about it.

Judd later said that if it becomes publicly known that an allegation is being investigated, he is concerned about the damage that could be done to a firefighter’s reputation and outside employment, even if the allegation were false or nothing comes of the investigation.

During the meeting, officials also talked about developing a more formal code of conduct for firefighters to better define what is or isn’t acceptable behavior on off-duty time.

The Fire Department has an informal code of conduct and firefighters are reminded that their behavior in public is a reflection upon the city, Acting Fire Chief Al Geis said.

Currently, the city has a single personnel handbook for a wide range of positions. It is in the process of compiling a handbook to specifically apply to part-time, temporary and seasonal employees. A similar document can be developed for paid-on-call-firefighters, McNeill said in his memo.