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96-1093 Council File # � /�(J � � � � � �� `° Green sheet # 3�S �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By ��iJ/�� '� Referred To Committee: Date 1 2 RESOLVED, that upon execution and delivery of a release by Fire Fighters Local 21 3 and the approval of the attached proposed settlement by the membership of the Fire 4 Supervisory Association, the proper City officers are hereby authorized and directed to enter 5 into a stipulation of settlement based upon the attached Proposed Settlement of the St. Paul 6 Fire Supervisorv Association v. Citv of St. Paul, MN, Timothv Fuller and Norman Coleman - 7 - Court File No. 62-C 1-012125 and take all steps necessary to obtain an Order from the Court 8 incorporating these terms in its Order dismissing this action. Y� Navs Absent Requested by Department of: a e ostrom � C �� N� arris eearn —�_ � ettman —�6 � une � BY� y /' Form Approved by City Attorney Adopted by Council: Date , �o Adoption Certified by Council Secretary �� $,'L,� '�j� By: By� �- • /`'�°� Approv y Mayor fo mission to Counci Approved by Mayor: Date �e By: / "`'�[, j�/i'�"v'�-� By. q�-lo�.� � ��7� IOFFICEICOUNCII DATE ITIATED c�ty Attorney' s Office 8-28-g6 GREEN SHEET ACf PE 6 ONE INITIAUDATE INITIAUDATE �o hn � �c C o rmi c k 2 6 6-8 718 �DEPARTMENT DIRECTOR CITY COUNC�L AKIAN �CITY ATTORNEY �CITY CLERK NUMBFII FOR MUST BE ON COUNCIL ACaENDA BY(DATE) pp�ryNG �BUDGET OIRECTOH �FIN.&MOT.SERVICES DIR. ORDHR �MpYOR(OR ASSISTANT) � TOTAL#OF SIGNATURE PA(3ES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of resolution settling lawsuit entitled St . Paul Supervisory Associa ion v. City of Saint Paul, MN, et .al . RECOMMENDATIONS:Approve(A)or RejeCt(R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE F04LOWINQ CUESTIONS: _ PIANNINO COMMISSIQN _CIVtI SERVICE COMMISSION �• Has this person/firm ever worked under e contract for thi�dopartmsnt9 _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF — YES NO _DISTRICT CoUR7 — 3. Does this person/firm possess e skill not normatly posa�wead by any Current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explaln all yes enswsrs on separats sheet and ett�oh to�ro�n sbNt INITIATINO PROBLEM,ISSUE.OPPpRTUNITY(Who,Whet,When,Whsro,Why): See attached proposed settlement ADVANTA(iE3 IF APPROVED: See attached proposed settlement � � �� -- - -�-� �ISADVANTAGES IF APPROVED: See attached proposed settlement DI3ADVANTAQE3 IF NOT APPROVEO: VYM1� �� VAK�I pUG 2 9 �g96 TOTAL AMOUNT OF TRANSACTION s 17O, 993.OO COST/REVENUE BUDGETEO(CIRCLE ONE) }�Y��X NO FUNDIWG SOURCE TO be determined ACTIVITY NUMBER 0512� FINANCIAL INFORWfATION:(EXPLAIN) � �� 93 Propcsed Settlement of St. Paul Fire Su erviso Association v. Citv of St. Paul, 1rIl�T, Timothv Fuller and Norman Coleman--Court File No. 62 C1 012125 The following is a proposed settlement of this lawsuit subject to approval by the St. Paul City Council and the Fire Supervisory Association. 1. The City of St. Paul (hereafter "City��) will reduce the number of district chiefs through attrition to twelve e.g. , the number of FTE district chiefs would be reduced to twelve via retirements, resignations and promotion. This would result in a full time pool of three reserve district chiefs. This agreement to maintain twelve FTE district chiefs with a three person pool is guaranteed through December 31, 1997. 2 . The Fire Supervisory Association (hereafter "FSA") will agree that when the pool district chiefs are not assigned to work as district chiefs, they will be assigned to work as fire ' captains and paid accordingly. This practice will commence the date this agreement becomes effective. However they will maintain time in grade and accumulate senority as district chiefs. FSA agrees to take all steps necessary to facilitate the approval of the International Association of Firefighters Local 21 (hereafter "Local 21") to this portion of the settlement proposal. f3: �,� Fire Captain Morrison will be reinstated as a pool district ,=chi�ef_. when the next vacancy occurs within the district chief classification. In the interim, each time he works out of title a. .�.z... . s�a: district chief, his two year reinstatement period will be '` � renewed. t " 5 v .�,� � , , '��. ' '`t i .�_ .3 ryt� ; ` 4=' �* FSA will dismiss this lawsuit with prejudice and dismiss any � ''R�+t'.A �4 �� pending grievances without any award of costs, fees or ,�pdisbursements to either party and without any admission of fault ' or�liability by either party including any acknowledgement of ' "� whether or not the litigated issues are subject to negotiation .'�`~$J � under PELR.A. District Chief Batta lia will dismiss his re � ' g quest �` � �� fo 'r�a' Veteran' s Preference hearing. !.�t��Y .e�!��. . . � �;� t,�'`;... , K `. 5: A judgment of dismissal with prejudice will be entered by the Court in this matter. 6. : Each party will agree that this settlement may not be cited or used by any party as constituting a precedent, or waiver of any rights in the event that a same or similar dispute occurs in the future. 7. Both parties can continue to maintain their respective positions at the interest arbitration concerning the wage portion of the contract as to whether or not the workload of district chiefs has been increased due to the change in Fire Districts � � �� -io� from 4 to 3 . 8 . During the interest arbitration, FSA will not object to the reduction of the pool of reserve district chiefs or argue any alleged effects other than those issues already specifically certified to the interest arbitrator. 9. If after December 31, 1997, the City decides to discontinue the arrangement provided for by this settlement, the FSA shall be entitled to pursue any remedies which it considers appropriate. 10 . The City Administation will present the above proposed settlement to the City Council for its consideration and possible approval . This settlement is conditioned upon the written agreement of Local 21, on behalf of the union and its members, not to file any grievance or lawsuit challenging the terms of this proposed settlement. Both parties agree that while this matter is being reviewed by ' the City Council for possible settlement, that Paragraph 3 of Judge James M. Campbell' s Order dated August 6, 1996 and its supporting Memorandum pertaining to the amendment of his TRO issued on January 2, 1996 should be vacated to preserve the parties respective positions regarding a possible appeal of that Order. Both parties will request that Judge Campbell vacate � same, with the understanding that in the event a settlement is not reached that the Order will be reissued. CITY OF SAINT PAUL FIRE SUPERVISORY ASSOCIATION . -*�� s �`-------- ------ ----- , Mary} Kearney hn Colonna---------- ,t� _ City Labor Negotiator P iden _ �-�f ---`?��----- � John B. McCormick Mark G an � Deputy City Attorney Attorney at Law � Dated this 21st day of August, 1996 �