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90-1547 g�' �'�1�" �7 • ' � � �1 Council File # � � ,, . . ��� � Green Sheet # RESOLUTION CITY F SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date WHEREAS, Se ion 12.04.1 of the City Charter provides that the civil service rules shall include provisions est lishing a formal procedure for the review of employee grievances not covered under labor a reements and further providing that the decision of the civil service commission shall have such binding effect as the civil service rules shall provide; and WHEREAS, Ru e 26 of the civil service rules requires that a grievance procedure be maintained; and WHEREAS, the Personnel Office has proposed to amend the grievance procedure as contained in Article II by adding a new subsection C thereto; and WHEREAS, Sai t Paul City Charter Section 12.06 requires that the City Council approves amendments to the Ci '1 Service Rules; and WHEREAS, Th Finance, Management and Personnel Committee of the Council has considered the propos d amendment to the grievance procedure and has recommended that the Council concur and ap rove of the proposed amendment; now, therefore, be it RESOLVED, at the Council of the City of Saint Paul does hereby grant its approval to the proposed amendment o Article III of the grievance procedures by the addition of a new clause C setting forth the proce ure for grievance of the classifications of positions; and, be it FURTHER RE LVED, that pursuant to City Charter Section 12.06 the City Clerk forward this Resolution to the ivil Service Commission for its review and approval or rejection. ** Ci�al Service Comm. ve ed this resolution 9-27-90; City Council made mc:tion to overide veto and�tion ado�ted 10 25_90__Vote__ Yeas_7, __N�s_0_______________________________________ --------------- --- --- ------ --------- Ye s Na s Absent Requested by Department of: Dtmon Gosw�tz Lon Macca e v Rettman T une Wi son BY� — -------------------- Adopted by Council: ate S E P i 3 1990 Porm Approved by City Attorney Adoption Certified by Council Secretary BY, J�' �, `�e� ���y� BY° - Approved by Mayor for Submission to Approved Mayor: at' 0 CT 2 6 1990 Council B ����� BY: Y� P BLISNED '`':��'�;' ` � i990. �' r'tUi Fs'{h� `�`]�•-'s ' �•'"�'.` i�nµe^h��. �st.✓ J a r.x� r -;��z, _,a. .,.� . Y Y�ei 1�.r�c`' l -r- � • r���� t. Y.� ,rw' .F�,x� .� aF'`•.. .. y1'n.�� x� t � .,,rt � F .: -. .. ,. .�� s . .' � �.� 17 y a:t�Xi �.• 4ty�,�,�.,��,i,4.�'--'-rf �.:.�: y ti !C�r �, �. i . �.�.s3 ra��., � .. - ��..���� �1'?�Rj':.'?a:fi��CK.-,1....__.,...'n .ri�_...�:i�C:�:a=.... . _o:a..w.... :.Z•u�.0�E�]:.:...L_7:Le.3.�a}.:r_�':till�e'�..�.»*...:�..._..a.�...�..a_a-�...�.... .^::._:Yw s ..�. ��'�� . � - ; . �.-yo rs� '�'���� .���. ��� Amend Section I I by adding a subsection C: C. Classificat ons: 1. Challen es f a. If an employee has reason to believe his/her job has bee unfairly or inadequately audited despite the dis greement of the Personnel Office, he/she should sen a letter to the Personnel Director stating his her concerns. This apoeal must be made within twe ty days of the • employee learning of a cIa sification decision by the Personnel of�ice. b. If the Personnel Director finds in favor of the Per annel Office, the employee may request a hearing � bef re the Civil Servica Ccmmission. The request sho ld be in writing and should state the specifics of e issue. This appeal must be made within ten • day of the Personnel Director's finding. 2. Hearing a. The Chair of the Civil Service Commission presides � ove the hearing. The request for hearing must be s2n t� the Civil Service Commissian, c/o Personnel off' ca, 265 City Hall. l. The Personnel Director or his/her designee acts as secretary to the Commission. � � � 2. A verbati.m recording of the Commission proceedings is made and kept for threa years. 3 . The Commission may uphold the classification decision as originally made by the Personnel Offics. 4 . The Commission may order a new audit of the position. 5. The Commission may determine an appropriate classification for the position based on evidence and testimony presented. b_ The Commission directs the Persannel Director to . tr it its.' written decision to the appointing � off'cer and the grievant. . , : �� � � . . � ���-��7 : tg �,�.::o•: R�* •, CITY OF SAINT PAUL + ���������� o CIVIL SERVICE COMMISSION . � "`� HARRY GASTON, CHAIR CATHERINE PICCOLO, COMMISSIONER R�G�IVED ROGER McCLURE, COMMISSIONER JAMES SCHEIBEL 265 City Halt,Saint Paul,Minnesota 55102 MAYOR S�P201990 612-298�321 FAX 612-292-7656 september 20 1990 C��'� CLERK The Honorabl James Scheibel Ms. Paula Maccabee Office of th Mayor 714 City Hall 347 City Hal St. Paul, Mn. 55102 St. Paul, Mn 55102 Mr. Bill Wil on Ms. Janice Rettman 719 City Hal 716 City Hall St. Paul, Mn 55102 St. Paul, Mn. 55102 Mr. Dave Thu e Mr. Roger Goswitz 702 City Hal 701 City Hall St. Paul, Mn 55102 St. Paul, Mn. 55102 Mr. Robert L ng Mr. Tom Dimond 713 City Hal 706 City Hall St. Paul, Mn 55102 St. Paul, Mn. 55102 RE: Propose Change to Civil Service Rules CF 90-1 47 & CF 90-1548 Dear Mayor S heibel and Members of the City Council: The Civil Se vice Commission approves the amendment to the Civil Service Rule contained in CF 90-1548, but we must veto the amendment co tained in CF 90-1547. In his lett r to you of September 5, 1990 Chairman Gaston articulated he reasons for our position with respect to the proposal to require the Commission to decide issues of job classificatio . We are shocked that the response was as irresponsible as it appears, with claims that we were being deceptive on the issue of our prior involvement in the proposal, 1 . � � � � ��--�o��s�� that we sho ld resign to allow more qualified individuals to be appointed, a d that the issue of a lack of resources was somehow going to be olved at a later time. This Commiss on was never advised of this proposed rule change, and only became aware of it when our attorney brought it to our attention o September 4. Claims during the public hearing on September 13 that we participated in the debate and development of this propos 1 are erroneous. Inferences that we knew of this because memb rs of the City Attorney's staff worked on the matter are based on the false premise that our attorney was aware of this matter. The Assistant City Attorney assigned to staff the Civil Service Comm' ssion does not, and will not, communicate with other staff inember of his office concerning the substance of any matters involving t e business of the Civil Service Commission. This independence is required to allow the City Attorney's office to act as staff att rney for this commission. Attacks on ur expertise and vacuous disregard for our concerns about the 1 el of resources offered this Commission evidence a callousness e find hard to accept. Harry Gaston, the Chair of this Commiss on, has been involved in this process since 1972 . His knowledge of how the Commission has functioned, what it is best able to acc mplish, and how the duties of the Commission has evolved clea ly pre-dates the involvement of any you. Failure to heed his and our advice will only lead to further deterioration of the function bility and reputation of the Civil Service Commission. The heart of the problem is the lack of resources allocated by the City of Sai t Paul to resolution of personnel matters, and the abject failu e of the City to provide this Commission with any training, re ources or assistance in dealing with matters. As it currently st nds all a Commissioner gets when asked to serve is a letter from he Mayor and two pieces of paper and a pencil to take notes during a hearing. We are asked to sit through dozens of hearings inv lving complex legal issues, act as a recorder and clerk accept 'ng evidence and exhibits, wend� our way through a myriad of ru es and contract provisions, and write an order that will withsta d the scrutiny of the Supreme Court. If we fall short of the expec ations of any party we are chided, and if we stumble on any part f these duties we f ind ourselves the subj ect of an appeal and ventually a craftily worded dressing down by some appellate co rt judge. It is a wond r that you have been able to find the three of us to take on this task. 2 � � � . C��o�s��' The concept of the Civil Service Commission, as contained in the Charter, is to have three neutral residents of the City sit as a panel to he r disputes between the City and its employees. The Charter doe n't say that we are supposed to be lawyers, or court reporters, r scriveners of carefully crafted opinions. The idea was to get hree average citizens to sit and make sure that the merit select'on process of the City Civil Service system functions properly, a d to provide employee's; with a forum for review of their disci linary cases. Only a myopic observer would conclude that such a body could reasonably be expected to resolve the matters pre ented to the Commission with the training, staff support and esources we have been offered. Please consi er as a contrast to our situation the fact that in a current matt r before the Commission asked for an administrative law judge t assist in the case. The judge is a lawyer of many years experi nce;he seems knowledgeable in the complexities of both public perso nel law and the rules of evidence and procedure, in fact he has written the book on administrative proceedings in Minnesota; h comes equipped with a high priced tape machine that can record t e case; and he obviously has a support staff that can assist him n the production of his order. Again, the Civil Service Com ission is composed of we three lay people, we are stuffed into a crowded hot room to hear cases, and we're supposed to wend our ay through enough laws and rules to keep even the most experienced awyer jumping. Despite wha was claimed at the September 13 hearing this Commission i convinced that the addition of job classification disputes wil increase our already overwhelming caseload. We have already had one presented this year, and have two more matters awaiting hea ing. You are not going to be adding an insignificant workload to this commission. Each matter will without a doubt involve a mi imum of a day, and oftentimes more to properly hear. As pointed o t in Mr. Gaston's September 5 letter, we simply don't have that ma y days available given the legal limitations on this Commission. We continue o assert that these cases involve concepts such as compensation analysis, comparison of duties and responsibility that are beyond t e expertise of average lay persons. To cavalierly force this responsibility onto this commission will not automaticall result in a process that provides the level of understandin adequate to resolve these disputes. 3 . '� �] . .�. � � . . ���y�� When you rec nsider the matter and debate whether you are going to over ride t is veto, we ask you to very carefully analyze the wisdom of c ntinuing the present course, and whether anyone is going to be atisfied with the inevitable results. Sincerely, Harry aston, Chair � ' � r Catherine Pi colo, Commissioner � ��2��-c r McClur , Commissioner 4 ,� ^ .-O � � � � 4� � e • tl � . Counc i t F i l e # Q� / ` Green Sheet # RESOLUTION - OF SAINT PAUL, MINNESOTA � -� ` �� % �.._/ Presented By ' ' Referred To � Committee: Date � .\ _________________� ______________________________________________________________________ Whereas, Secti n 12. .1 of the City Charter provides that the civil service rules shall include }�rovisions establishin a for al procedure for the review of employee grievances not covered under labor agreements an further roviding that the decision of the civil service commission shall have such binding effect the civil ervice rules shall provide; and Whereas, Rule 26 of the ci ' service rules delegates to the Personnel Office the authority to establish a grievance procedure; an Whereas, The ersonnel Office�ias proposed to amend its grievance procedure as contained in Article III and by dding a new subs�ction C thereto, and the City Council is asked to approve such amendment; an �, � Whereas, The inance, Management nd Personnel Committee of the Council has considered the proposed amend ent to the grievance p cedure and has recommended that the Council concur and approve of the p oposed amendment; no therefore be it Resolved, That the Council of the City of int Paul does hereby grant its approval to the proposed amendmen to Article III of the grievan e procedures as established by the Personnel Office by the additio of a new clause C setting fo h the procedure for grievance of the classifications of posi ions. , --------------- -- ---- ------ --------- eas Na s Absent Requested \ by Department of: Dimon Goswttz Lon Macca e Rettman � T une Wilson BY� form A ed � by City Attorney Adopted by Council: Date , Adoption Certitied y Council Secretary By: � By' Approv by Mayor for Submission to Council Approved by Mayor: Date By: BY= - . . , , . , , , �9o-is�� DEPARTMENT/OFFICE/COUNCIL DATE INITIATED G R E E N S H E ET N� _10 9 0 3 Legislative Operati /Cit Council 8/24/90 INITIAL/DATE INITIAL/DATE CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOR �CITY COUNCIL Janice Rettman/Joe llins (5289 NUMBER FOR ❑CITYATTORNEY �CITYCLERK MUST BE ON COUNCIL A(iENDA BY(OA ROUTINQ �BUDGET DIRECTOR �FIN.8 MOT.SERVICES DIR. ORDER �MAYOR(OR ASSISTAN� � TOTAL#OF SI(3NATURE PAG S (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REOUESTED: The Finance, Manage nt and Personnel Committee has considered the proposed amendment to the grievance proced res of the Civil Service Rules. The Committee is now recommending that the full Counci concur and approve the proposed amendment. (For Action) RECOMMENDATIONS:Approve(A)or Rej (H) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWING GUESTIONS: _PUNNINQ COMMISSION _ IVIL BERVICE COMMISSION �• Has this person/firm ever worked under a contract for this department? _CIB COMMITfEE _ YES NO 2. Has thfs person/firm ever been a city employee? _STAfF _ YES NO _DIS7RICT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO Expleln all yss answers on separate shsst and attach to groen shsst INITIATINO PROBLEM,ISSUE,OPPORTU ITY(Who,What,Whsn,Where,Why): To provide clarifica ion with the Civil Services Rules, the amending language will have changes in the rievance procedures. The Civil Service Commission will be the decision ma.king body to determine appropriate job classification, as outlined in the Civil Service Rules ertaining to the grievance procedures. ADVANTAC�E3 IF APPROVED: It is necessary to c arify the decision making process pertaining to the Civil Service Rules - grie ance procedures. DISADVANTAGES IF APPROVED: DTone known. DISADVANTAQES IF NOT APPROVED: Continual problems wi n grievance procedures for job classification issues will occur. TOTAL AMOUNT OF TRANSACTION —� COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO FUNDIN�SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) , , � .� , . � , . NOTE: COMPLETE.DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL i MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. Ciry Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. Ciry Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. Ciry Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the projecVrequest seeks to accomplish in either chronologi- ca�order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? . '► '� 1 . , ' ���d��s�7 7. Resolutio 90-1296 - authorizing an agreement with ISD #625 whereby the City will provide law enforcement services - liaison. (Referred from Council 7 31 90 Approved -0 8. Resolutio 90-1251 - amending the 1990 budget by transferring $70,128 from Pers nnel and L-abor Relations to General Government Relations to remove co tin enc status. Referred from Council 7 24 90 Approved s amended 3-0. 9. Resolutio 90-1279 - changing the rate of pay for Aquatics Manager to Grade 38, Section ID2 of the Technical Standard Ranges in the Salary Plan and ates of Compensation Resolution. (Referred from Council 7 26 90 Approved 3 0 10. Resolution 90-1255 - informing elderly residents of St. Paul of the availabili y of chore services and recruitment of volunteers to help the elderly wi h necessary chores around the homes. (Referred from Council 7 24 90 Laid over ndefinitely. 11. . AFSCME let er on Payroll Clerk. (Laid over in Committee 4/16/90) � , . Resolution 89-2049 - establishing the rate of pay for Payroll Clerk in � the Salary Plan and Rates of Compensation Resolution. (Referred from Council 11 21/89, laid over in Committee 12/4/89 & 4/16/90) . Policy disc ssion on grievance procedure. (Laid over in Committee 3 12 90 5 90 and 5 21 90 Appropriate resolution will be drafted as requested by the Committee to be i ntroduc d to Ci ty Counc;1 . �f ,� .,,�. ,f , ,, , t ti� ,� . , �. � ` 12. Ordinance 9 -52 - amending the Administrative Code of the City of Saint Paul by add ng a new Chapter 67 pertaining to Pedestrian Skyway System Security Op ration and Maintenance Service Charges. (Referred from Council 1 9 90 laid over in Committee 3 12 90 6 4 90 & 1 2 90 Laid over t October 1, 1990. Continue the layover of the original ordinance 9 -52 with amendments. Will have September meeting to discuss procedures or accessing the CIB dollars. The Committee will review assessment chanism policy at a later date. The Committee recommended drafting a n w ordinance by the Skyway Governance Committee to 2 -• . . ` - � � , �. � '` , � � � � ' �6 ,°l�`/'7 accommodate the position of a downtown resident to that Committee. City staff shoul consult with Ramsey County or building staff for their input on ca era system. City staff should consult on what the best candle foot light level should be for each skyway corridor according to the Skyway overnance Committee's study they conducted. 3 ;� . . . . . . - �C� _ /�—i�� �� �� ' CITY OF S.�INT PAUL '�ii�i E'-�ii' �'' �`�� , OFFICE F THE O CITY COUNCIL Members: Janice Rettman, Chair Roger Goswitz Paula Maccabee JANICE RETTMAN JOE COLLINS Counc�7person Legistative Assistant COMMITTEE REPORT KATHYZIEMAN FI NCE� MANAGEMENT� AND PERSONNEL COMMITTEE �S�lative Assistant � AUGUST 13, 1990 1. Call to o der; introduction of inembers, staff, guests; announcement of sign-up s eet approval of minutes of July 23 and July 30, 1990, meetin s. Minutes w re approved 3-0. 2. Resolutio 90-1206 - authorizing payment of James Wirth in the amount of $18,000 f om the Tort Liability Fund in settlement of his claim. Referred from Council 7 17 90 Approved -0 3. Resolutio 90-964 - amending the 1990 budget by adding $11,252 to the Financing and Spending Plans for installation of Mobile Digital Terminals in s uad cars. Referred from Council 6 7 90 Approved -0 4. Resolutio 90-1201 - amending the 1990 budget by adding $1,650 to the Financing and Spending Plans for Cable Communications for Legislative Operation , directing Council Cable Productions to provide video . assistanc for a training tape for advocates, and accepting a grant from the Legal Advocacy Project to Council Cable Productions in the amount of � 1 250. Referred from Council 7 17 90 Approved s amended 3-0 5. Resolutio 90-1253 - amending the 1990 budget by adding $2,000 to the Financing and Spending Plans for General Fund Office of Personnel and Labor Rel tions from contributi.on by the City and County Employees Credit Un on. Referred from �Council 7 24 90 Approved -0 6. Resolutio 90-1155 - changing the rate of pay for Property clerk in the Salary P1 n and Rates of Compensation Resolution form Grade Z0, Section I01 to Gr de 22, Section ID1 of the Clerical Standard Ranges. (Referred from Coun il 7 10 90 laid over in Committee 7 30 90 Approved s amended 3-0 CITY HALL ROOM NO.718 SAINT PAUL, MINNESOTA 55102 612/298-5289 sa�o.s Printed on Recyded Paper ' z� `I��>� �""Y'.F H'Y7�r�' S�+s�'♦ f,�'=y, ['�.-.'b}�, 3 ,f a 7� ' �1� P�'�.. �.�S. ." t�i�.s�+`J'_,�'�.-ti€'%� s.ry, �, � �; ,a."Y ✓ :-_r Y .a t y � '� � .. . , , ... _ . .. .. 4_ F k . Y S_.xi y ._ �_ . . -.�F�.. x_:�...� � e... . . _. .. ...� .. _ .. ' � .. � . � . ' . ,. .. . ' . � • -.,. -' • .Y�, rj�r-", 7! t��_s L.�t._Y- .._. ._ �.�.�_- . p� . . _._. �., -...._... .- ___ _"—_ . f. • , � s. ��.�.,.�r ��l�!� .�c^..__._.. r �iti�....� .��.--.' -- . _.....w,...:.i;^__°-u,::c.:�.._..._+'�5y°:f:.=ar-,��.. _ �ti��:�?'W.�YS::T.:. ..... ..x.�...�..�_a.:!:....-__., ....__.... . _�. _� o'�s��. -::, �� �r » .%• - i: Y.. Amend Section I I by adding a subsection C: C. Classifica ions: l. Challe es � a. If an employee has reason to believe his/her job has be n unfairly or inadequately audited despite the di agreement of the Personnel Office, he/she should se d a letter to the Personnel Director stating hi /her concerns. This apoeal must be made within tw nty days of the • employea learning of a cl ssification decision by the Personnel Of�ice. b. If the Personnel Director finds in favor of the Pe sonnel Office, the emnloyee may request a hearing be ore the Civil Servics Commission. The request sh u1d be in writing and should state the specifics of the issue. This appeal must be made within ten � da s of the Personnel Director�'s finding. 2. Hearin s a. Th Chair of the Civil Service Commission presides � ov r the hearing. The request for hearing must be se t to the Civil Service Commission, c/o Personnel of ica, 265 City Hall. l. The Personnel Director or his/her designee acts as secretary to the Commission. � 2 . A verbatim recording of the Commission proceedings is made and kept for three years. 3 . The Commission may uphold the classification decision as originally made by the Personnel Offica. 4 The Commission may order a new audit of the position. 5 The Commission may determine an appropriate classification for the position based on evidence and testimony presented. b_ e Commission directs the PersonneZ Director to . t ansmit its.� written decision to the appointing � o ficer and the grievant. . .