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A judge has ordered the City of Minot and a former city electrical inspector to seek alternative dispute resolution in a whistleblower case filed last month.
The City of Minot sought dismissal in its recent response to a complaint from Todd Mickelson, who alleges he was involuntarily forced to leave his position for reporting violations of the electrical code.
North Central District Judge Douglas Mattson ordered the parties to file for alternative dispute resolution, and a scheduling conference has been set for Aug. 9. Alternative dispute resolution is a way of settling disputes outside of litigation and the courtroom, such as through mediation.
In its response, the city stated its decisions regarding Mickelson and his employment are supported by legitimate and non-retaliatory reasons. The response also states Mickelson failed to exhaust remedies prior to suing, doesn't meet the qualifications under the whistleblower law, filed too late under the statute of limitations and has not been damaged to the extent claimed.
Mickelson is seeking back pay and employee benefits in excess of $75,000. He stated he was employed as an electrical inspector with the city from Sept. 22, 2014, until his termination on June 19, 2022. The city reported receiving his resignation letter on June 21, 2022.
The city denied Mickelson's characterization of several events in his complaint. It denied that an ordinance was amended to eliminate his authority to take action. It denied Mickelson's claims that his superiors dismissed or criticized his concerns over an electrical issue at the Big M building, over meter bank damage from an apartment water pipe break and over the type of disconnection equipment at a townhome development.
The city denied any damaged equipment is still energized and in use at the apartment complex and stated the North Dakota State Electrical Board inspected and approved the townhome electrical work. The city also stated Mickelson was never pulled from inspecting the Minot State University sports bubble as he alleged.
The city admitted it did have its senior inspector, a plumber with extensive experience conducting inspections, accompany a new electrical inspector on his initial inspections rather than Mickelson. However, it denied it was to bypass Mickelson, nor did any staff member say Mickelson "could not be trusted."
Mickelson's complaint states he was accused of insubordination, inefficiency and incompetence for contacting Minot Police regarding homeowners who refused to allow an inspection. The city denied the owners were uncooperative and stated an administrative warrant could be obtained without contacting police.
In June 2022, the city stated, a written reprimand was placed in Mickelson's personnel file and he was provided with three disciplinary options. According to his complaint, Mickelson was offered a 20% pay decrease for 180 days, permanent demotion or resignation/dismissal. He agreed to the pay cut, but on June 16, 2022, he was placed on administrative leave and later was told to resign or be terminated.
The city responded Mickelson was given the opportunity to resign in lieu of termination, subsequent to his outbursts and failure to report to work.