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CITY (NewsDakota.com)–The saga of the verbal reprimand of Valley City Police Chief Dean Ross will play out until a judicial ruling “on or before September 9th.”
Judge Dan Narum heard arguments from both the city of Valley City and Ross today in Barnes County District Court, and set the date that he would publish a written ruling on the issue.
Dan Gaustad, representing the city, argued that the city had the right to interpret the ordinances it passes, and did so with a 3-2 vote to uphold the reprimand at a hearing in May.
Joel Larson, representing Ross, said the issue was black-and-white law, a law that says only the president of the city commission can give orders to the chief of police. They asked that the reprimand be removed from Ross’s file.
The issue involves City Administrator Jon Cameron reprimanding Ross when, according to Cameron, he told Ross not to question the county commission over a discussion about the 911 services location.
Ross did ask the question, and Cameron, acting as his supervisor, issued the reprimand.
Throughout the controversy, Ross has maintained that city ordinance states only the mayor can give direct orders to the police chief, and the ordinance was never changed to allow the the city administrator to have the same authority.
That point was hammered upon by Larson today.
“There is no language in the city administrator’s contract that gives him authority to give orders to the chief of police,” argued Larson.
Larson continued, ” The ordinance says that the chief of police, subject to the orders of the president of the city commission, is the chief executive officer of the police department. If the city wanted something different, they could have written the ordinance to allow the administrator that authority.”
Gaustad cited cases, up to the U.S. Supreme Court level, that stated cities had the right to interpret their own ordinances and make rulings on what their laws mean.
“They have an interpretation of the law, and so does the city. This is kind of a tie-goes-to-the-runner issue, and deference to the city should win out,” said Gaustad.
“They are asking you to intervene every time any city employee doesn’t like the outcome of a hearing with the city commission,” Gaustad continued. “They had a hearing, presented evidence, and they didn’t like the outcome.”
No witnesses appeared and only one piece of evidence was introduced. Larson offered up a copy of the prelude to the handbook that city employees operate from, which states the book is a guide, and not specific rules and regulations.
City Administrator Jon Cameron was in attendance, flanked by Commissioners Jon Wager on his left and George Dutton on his right. Mayor Bob Werkhoven did not attend the hearing.
Narum broke the hearing, which lasted about 35 minutes, by saying he would take the matter under advisement, and issue a written ruling by September 9th.