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280528 WMITE - CITV CLERK - �w�� PINK - FINANCE l� CANARV - DEPARTMENT COUflCII n BLUE - MAVOR GITY OF SAINT PALTL File N0. � � Council Resolution � Presented By Referred To ��/l��-l�/Cl, Committee: Date ��7 ��-3 Out of Committee By Date RESOLVED, that pursuant to the attached order for settlement relative to the Substitute Library Specialist lawsuit, the proper City officials are hereby authorized and directed to pay out of the Library Public Services Fund 03402-121-000 the sum of $20 ,934. 08 and 03402-219-000 the sum of $9,065.92, for a total settlement of $30, 000.00, to the plaintiffs in this lawsuit. COUNCILMEN Requested by Department of: Yeas Nays Fletcher t�"� Gatles �� In Favor Masanz �f-- Nicosia Scheibel � _ Against BY Tedesco W ilson Adopted by Council: Date ,IUN 2 31983 Form pproved ttorney Certified P s e Council etar BY � By, Flpprove vor. Dat �UN 2 4 19g3 Approved by Mayor for Submission to Council BY BY PuetisH�o J U L 2 1983 �J - � - � � . ��5�8 . �. RECEIV�� STATE OF MINNESOTA DISTRICT COURT MAY �� r�� COUNTY OF RAP'ISEY SECOND JUDICIAL DISTRICT CITY AfTOR[VEY F��e No . 453192 ----------------------------- � Kay C. Rindal, et al , Plaintiffs , vs . ORDER City of St. Paul , et al . Defendants � and Third Party Plaintiffs , vs . Professional Employees - Association, Third Party Defendant. ----------------------------- On i�Iay 6 , 1983 , counsel for the plaintiff class and defendants submitted to this Court a proposed settlement of this class action. On A4ay 6 , 1983 , the Court ordered that defendants mail notice of the proposed settlement to class members . That notice scheduled a hearing to determine the reasonableness of the settlement on May, 25 , 1983 . The � purpose of the hearing was to allow any class member to come forward to object to the proposed settler�ent, in order that the Court might determine whether or not the settlenent is fair , adequate and reasonable . On May 25 , 1983 , the hearing was held . Plaintiffs ' and defendants ' counsel requested that the settlement agreenent be approved by this Court. All parties reoresented that the stipulation was fair , adequate - . . � . . . � 2��528 and reasonable . Based on the hearing before tne Eourt , arguments of counsel , and the record herein , the Court makes the following fin3ings of fact. 1 . This action was filed on August 26 , 1981 and was certified as a class action pursuant to Rule 23 of the Minnesota Rules of Civil Procedure , on t�tarch 11, 1982 . The class consists of all persons who have worked, who are currently working or may work as Substitute Library Specialists (hereinafter "SLS" for the City of St. Paul frori . September 1, 1975 to the present and have been certified at any time as a result of a competitive examination. 2 . Plaintiffs have engaged in extensive discovery since class certification , including written interrogatories , requests for production of documents , � review of documents produced, and depositions . Partial relief for the class was secured from the St. Paul Civil Service Comr�ission as a result of a hearing held in November , 1981. 3 . This case was set for trial an May 2 , 1983 . Settlement was reached on April 29 , 1983 . 4 . The settlement provides for broad iniunctive relief to class members . Tne City of St. Paul (hereinafter "City") has agreed that SLS employees shall be removed from the ungraded division of city employment, that SLS employees shall receive a stepped up wage scale based on work experience with th2 St. Paul Public Library and education, that SLS employees shall be considered certified employees for all empl�iyment related decisions as of the date on which they �vere hired and that SLS employees shall be permitted to , . . . ' ' �CJ l�t�, �� accrue hours worked over more than two years for purposes of being considered promotional candidates for other positions within the St. Paul library system. 5 . The class members ' claims for monetary relief are limited to the period August 26 , 1979 to the present pursuant to t�tinn . Stat. § 541 .07 (5) . 6 . The Court finds that the r�onetary payment of $30 ,000 to those qualified class members who worked within the . applicable statute of limitations period is fair , adequate and reasonable . The approximately 35 qualified class members are part-time city employees . Their allegation of an unfair labor practice was based on a city decision to reduce their work hours below 14 hours a week . This was a City policy implemented for only approximately six months . The class members ' claim of entitlement to pro rata fringe benefits was accepted by the City as a result of a Civil Service Commission Hearing in November 1981 , and therefore damages for failure to implement that policy are limited to the period August 1979 through January 1982 . The class members ' �laim of discr?mination in fail?r.g to orovide a � stepped up � wage scale for SLS employees, if won at trial, would provide � a small increment to the wages of class members. 7 . Notice to the class was sufficient to comply with Rule 23 of the �iinnesota Rules of Civil Procedure concerning settlement of a class action . � 8 . Extensive discovery and the advance state of the lawsuit indicate that information sufficient to evaluate the �F , � • ��'� . i � " merits of plaintiffs ' claims and to negotiate a reasonable settlement wPre available to counsel. 9 . Counsel possesses the experience necessary to negotiate and recommend settlement of the matters at issue in th?s lawsuit. 10 . The Court finds the settlement agreement to be fair , adequate and reasonable . Based upon the s�ttlement agreement, the hearing thereon held by this Court on May 25 , 1983 , this Courts findings " contained herein and pursuant to Rule 23 of the D�iinnesota Rules of Civil Procedure, IT IS ORDERED THAT: The above-captioned action hereby is dismissed with prejudice and without costs , fees or disbursements to either party. Dated: Z-S 14�3 s � `_�� District Court Judge 011ac � .: � � � �' , � r`, a,�� . �� \ . . b/t� - . � _ � o : a� . ' �r: / �,�.,2�.,,,, �. � `�` � �� a.� c�-r�-�-.� o✓� � � ; ' - , 'r �iZ � � �� J ` . '� , ��'t��..� .��T' �- CITY OF SAINT PAUL ;R , '�� OFFICE OF THE CITY ATTORNEY � iiii�iu ii �� ?"m �°� EDWARD P. STARR, CITY ATTORNEY IGa'' '�n�� 647 City Hall, Saint Paul,Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR May 31, 1983 T0: City Council Members, City of Saint Paul FR: Terry Sullivan Assistant City Attorney This attached action was brought by several Substitute Librarian Technicians against the Library Department of the City of Saint Paul. In their action the Substitute Librarian Technicians brought four charges. First, they claimed that the City of Sairt Paul was guilty of an unfair labor practice in restricting hours of employment for S.L.S. employees to a maximum of 14 hours per week. Their claim was that in so doing, the City had eliminated the S.L.S.s from participating in the collective bargaining process inasmuch as state law provides that employees who work 14 hours or less per week may not be me�nbers of a bargaining unit. Secondly, the S.L.S. employees charged that the City was guilty of discri�nination on the basis of sex. This charge was brought about because every employee who is a Substitute Librarian Technician is a woman. Thixd, S.L.S. employees charged that the City of Saint Paul was acting in an arbitrary manner in the application of the Civil Service provisions. These provisions provide that the S.L.S. employees do not receive the fringe benefits that regular employees rsceive. Such benefits wauld include vacation, sick leave, and insurance. Finally,. the Substitute Librarian Tech- nicians charged the City was guilty of misuse of provisional appoint- ments. The basis for this argu�nent was that for a period of time many S.L.S. s were employed on a provisional basis, thus preventing them from obtaining seniority in the City service. It is the opinion of this office that there is no basis ta the claims that the City was guilty of discrimination or arbitrary application of Civil Service Rules. However, it is our opinion that a court or a jury anay find some validity to the unfair labor practice claim for the excess use of provisional appointments of the S.L.S.s. There were approximately 40 S.L.S. employees and therefore it is possible that at the extreme end of the spectrum of damages, the amount of damages could be rather large. However, .it is our opinion that the ainount of $30,000. 00 is within the proper acceptable range for settlement. We, therefore, recommend settlement in the a�nount of $30,000. 00. �I , `` , '�\\ V12�y r, �� • � - � �'`'� OF SAIN 1 �_t),U.T� rr��_✓_�:1 ��,�'� . ; � ,G� ;<.�:� Y } OI�'1�'ICI, OI!„1FIF: CITI' COUICIT. �^� t:��T�=o:_,:rt �:: J . �.� -:- .`,��f``�1 � � D o t e *;� " f�� „ � . June lb, 1983 ��-;,,,,�;;!-' - �'='�:�. - ' - . ��-�-- �i w�� .t_.._ __ a�!;�'�,,,`i�.6d y . - -_�.'��t ' , • —,y TO = Sqtn� Pat� !� City CoWe� ci t F� � �►� = C-o nn t�f r�e e O h F INANCE, MANAGEMENT �, PERSONNEL - _ � ' . CH A 1 R James_ Scheibel � . ' i � ' � I - - . . � � 9:00 a_m_ - — . - - .--- - --- . . . _ ; ' ' . • ` . : ' . E 2_ Approval of minutes from`neeting held June 9, }983, . - -1��t�L�:fr_�' ' � � � � 2. Resolution avthorizing an aoreement with ZSD �625�for a school age da c.:re �Tr��n r at Dayton's Blu.ff Recreation Center. (Commtutity Serviccs) -�— < � �-- _ -� -�:. 3. Resolution ;approving the addition- of the Lauderclale Comp�itcr Center to tl�e �ire�~. Ch' protection agreement bet«een the CYty of St. Paul and the U of Ai. (rire Dept:) ` - -C?S �-.,�.. - 4. Resolution increasing paramedic fees. (Fire �Dept.). _�(}_-4� T. Fn W�S - ' S." Resolution:approving additions to •the 1953 budget in th ',a1,i Itor�•s ll�t. (�'ublic l•;�� ' • P�I�Uc� a--Q.^;� 6_ Ordinance amendin� Sections� 33.04 $ 370_ 16 of the 1,egislative Codc;. (Ti`onsino Coc2c��}�, - � 'tK a u 7. fiesolutivn -approving adclitions to the 1983 bt�d,ge� to-prot�ide revenue. and ,caPe>>scs + � . for Debt Service of February, 1983 bond issues. (Finai�ce De�t, v�- -�==C9� ' 1 ):J��-----�_� 8. Resolution amending �the 1983 Capital Improvements Budget to add aclditional funding �.for the 1983 MSA contingency Fund. (�.,blic 1v'orks.) + _��;p--_ ,r.T,.� � a?'=�- , 9. Resolution revising the specs for Stage Technician and starring t}�e�t tic•af • . Public Address Operat'or. (personnel) ��€.L� _ - 10. Resolution approving a multi-family housing development financi�ig program and authorizing submission to the Ttinnesota Ilousing Finance /1�ency. (PED) f-��dv�Qa � 11. Resolution amending Section 32 of the Civil Service Rules Uy substituting ne�� ` specifications for the title of Vehicle blechanic Supervisor. (Personnel)�� --`-- U. I2: Resolution adopting additions to the budget for the Summer Readiiio Progra�o and t e St. Anthony Park Branch Library_ (Community Sez-vices) �?�C��'�p"`o�=C7:-� �-a� �-+.m:. ��e-��. 13. Resolution ,approving the settlement to the Plaintiffs involv�d in tlie St�bstitutc Library Specialist la��suit. (City Attorney's Office) .��RCT�T�p_-';�_Q.--� - 14. Resolution approving increases in the 1953 bud�et to al lo�� tl�e )�ouszn� f, 131d�. Code Dept. to pay bills from city departments on expenses inciirred by hotise riovc�s Co:n�� . � 15_ Resolution adopting chai�oes in the 1953 budget reflectino a corrected cl�ar��o��'�-'°�� ihe �'urchasind Division from t}�e Central Service Cost Allocation �'lan. �'P�ftiUl40 � ��Q~1 � j� C�"Tti' :�ALL S£VENTFI FLOOi: , SAIT�'T PAUL, �11\NL•SUT,1 SSIC�_ ��