Attorney: Weinkaufs may be able to both keep jobs

By RON LARSEN

Journal Staff Writer

NEW ULM--An opinion from Assistant City Attorney Roger Hippert Tuesday appeared to pave the way for Councilor Sharon Weinkauf and her husband, Police Chief Erv Weinkauf, to both keep their positions with the city.

While Section 24 of the city's Home Rule Charter would prohibit a member of the councilor's immediate family from holding a job with the city, Hippert said, in his opinion, that enforcing the rule would violate provisions of Minnesota's Human Rights Act which "prohibits discrimination in employment based upon marital status."

While the Minnesota Court of Appeals had upheld the right of the St. Paul School District to enforce an anti-nepotism policy similar in content to New Ulm's, Hippert wrote that the situation involving the Weinkaufs was different because the charter makes the mayor, not the city council, the "responsible head of the (police) department."

"Because of the very unique delegation of authority over the Chief of Police to the Mayor, and not to the members of the City Council, applying the anti-nepotism provisions of Section 24 of the Charter to the current Chief of Police would be a violation of the Minnesota Human Rights Act; the Charter is therefore not enforceable as it applies to Mr. Weinkauf's ongoing employment as the Chief of the New Ulm Police Department."

Section 24, to which Hippert referred in his opinion, states: "Incompatible Offices. No member of the City Council, nor any member of his immediate family, shall be appointed City Manager, or hold any other paid municipal office or employment under the City; and, until one year after the expiration of his term of office as Councilor, no former member shall be appointed to any paid office or employment under the City, created during his term as a member of the Council or the emoluments of which were increased during said term."

Hippert said his opinion was based on the interpretation that because Sharon Weinkauf was not being appointed to another job within city government that she could not be required to resign her council position.

"So, that means the issue is whether Erv could be removed from his position. Clearly, he is protected by the state's human rights act, and under the structure of New Ulm's city government, the city council has no control of the police department whatsoever."

The fact that the city council approves the police department's annual budget did not constitute control over the department, Hippert said.