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03-318�1dNl�I�O RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # n 3- 3 ��" Green Sheet # a v SU /� Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, Minnesota Statutes 15.51 et. s� provides for the interchange of public employees among various jurisdictions; and WHEREAS, Minnesota Statutes 471.59 et. se�c . requires the consent of the goveming bodies of political subdivisions to enter into agreements among them for such matters as employee interchanges; and WHEREAS, the City of Saint Paul and the State of Minnesota Department of Public Safety desire to enter into an agreement for the intra governmental transfer of Senior Commander Timothy Leslie of the Saint Paul Police Department; and WHEREAS, it is the intent of the Council that the City be reimbursed by the State for all costs incused by the City as a result of this transfer, including salary, fringe benefits, and pension costs; now therefore be it RESOLVED, that the proper City officials aze authorized to enter into a written agreement consistent with the above recitals and applicable laws. � DEPARflNENTIOFfICEICOUNCIL DATE INITIATED Police �'✓�� b� GREEN ET No. aDsO� � CONfACT PERSON & PHONE INfTWJDATE INRVLL/DA7E WilliaIIlFinney 292-3588 oernn�mexroutECr 3 courxn MUST BE ON COUNCIL AGENDA BY (DATE) �ATfORNEY ❑CfIYCIENK ❑FlNANCIRLSERVICESDHt �F4ll1NCWL5ERV/qCCfG �AAYOR(ORASSiSTANiI I I TOTAL # OF SIGNATURE PA (CLIP ALL LOCATIONS FOR SIGNATURE) cnor+ aEQUesreo RECOMMENDA710N Approve (A) or Reject (R) PERSONAL SERVICE CAN7RACT5 MUST ANSWER 7HE FOLLOWING QUES'IIONS: 1. Has this person/firtn ever worked under a coMract for Mis tlepar6neM� PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/firm ever been a ciry employee? CIViI SERVICE COMMISSION YES NO 3. Does this pereoNfmm Oossew a skill �wl normaly possessed by any wrteM uty employea? YES NO 4. Is ihis personffrtn a fargeted vendoR YES NO Explain all yes answers on separete sheet and atlach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI� The State of Miuuesota has asked the City to participate in an intra-governmernal agreement to allow Senior Commander Timothy Leslie to perform the duries of Assistant Commissioner of the Depadment of Public Safety. The State of Minnesota will agree to reimburse the City for all salary, benefits and any related costs associated with the agreement. This will provide a long-time City employee with an opportunity to gain experience outside the City with no cost to the CiTy. ADVANTAGESIFAPPROVED The City will demonstrate a spirit of cooperarion with the State of Minnesota's Department of Public Safety. The City will be fully reimbursed for all salary, benefits and related costs associated with the agreement. DISADVANTAGES IF APPROVED � `"� � Eu�� None MAR 2 � 2t�03 � <=:��YLI!';,,� �:h-i ``.+_ DISADVANTAGES IF NOT APPROVED TOTALAMOUN70FTRANSF$ COSTIREVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE ACTNIN NUMBER � FINANCIAL INFORMATION (EXPLAIN) i im ��reensneettempiate � 03 -3i8 AGREEMENT STATE OF MINNESOTA, MINNESOTA DEPARTMENT OF PUBLIC SAFETY, AND CITY OF ST. PAUL, POLICE DEPARTMENT This agreement is hereby entered into the 7th day of April, 2003 by and between the State of Minnesota, acting through its Commissioner of the Department of Public Safety (hereinafter "DepartmenY'), and the City of St. Paul, Police Department (hereinafter nCl�n` l WHEREAS, the employee Timothy Leslie, is a regulaz employee of the City, in the position of Senior Police Commander, with certain rights as a City employee; and WHEREAS, the parties agree that Mr. Leslie be granted an intergovemmental mobility assignment from the City to the Department to assume the duties described; and WHEREAS, this agreement is authorized and subject to the Laws of Minnesota, Minnesota Statutes 15.51-15.59 (inclusive), NOW THEREFORE, the parties hereto and their respective agencies hereby agree as follows: L Effective Apri17, 2003, Mr. Leslie will be placed on an intergovernmental mobility assignment from the City to the Department for an initial period of 24 months, upon the approval of the City Council. This assignment may be extended for an additiona124 months upon agreement by the City and the Department, and execution of a written amendment to this agreement. Z. Under the direction of Rich Stanek, Commissioner of the Minnesota Department of Public Safety, Mr. Leslie will perform the duties of Assistant Commissioner for the Department of Public Safety. 3. As Mr. Leslie serves at the pleasure of the Commissioner, this intergovernmental mobility agreement may be terminated at any time by the Commissioner. The agreement may also be terminated at any time by Mr. Leslie or the City with 30 days' written notice. 4. The Department shall reimburse Mr. Leslie for all expenses incurred, which relate to his duties as Assistant Commissioner pursuant to applicable Department expense reimbursement policies covered by the Managerial Plan provisions. 5. During the life of this intergovernmental mobility agreement, Mr. Leslie zemains a regulaz employee of the City and continues to accrue and retain benefits, seniority, compensation and allowances from the City in accordance with any cunent and subsequently approved City administrative procedures and/or policies and labor agreements, including � � � 10. 11 12 d3 � i 8 any increases in compensation or allowances that may occur during the effective dates of this mobilit}� agreement for which Mr. Leslie would be eligible. Mr. Leslie will comply with any City procedures related to receipt of allowances or use of sick/vacation time. Total compensation under this agreement for Mr. Leslie's services is contained in the attached letter, which is incorporated by reference into this agreement. All of Mr. Leslie's compensation will be subject to Police and Fire Plan of the Public Employee Retirement Association of Minnesota with contriburions from the City and Mr. Leslie. Mr. Leslie will remain an acti� licensed peace o�cer on the City roster subject to continuing education Peace Officers Standards and Training Boazd requirements. Mr. Leslie may elect to attend in-service training provided by the City or the Department at his option. During the life of this intergo� emmental mobility agreement, the Department shall reimburse the City for 100 percent of Mr. Leslie's compensation and related frinee benefit costs which Mr. Leslie receives from the City as described in Paragraphs 5 and 6 above, except for training or uniform allowances, on a quarterly basis, or by some other arrangement as mutually agreed by the Department and the City, for the length of the mobility agreement or until such time as the City informs the State of any salary increases as stated in paragraph 5. Actual figures are contained in the attached letter, which is incorparated by reference. Each party is responsible for its own acts and behavior and the results thereof. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes 3.736. The City's responsibility is governed by the Municipal Tort Ciaims Act, Minnesota Statutes 466.02. Althaugh the supervision of Mr. Leslie's duties will rest exclusively with the Department, he is not a Department employee and isn't entitled to any Department benefits includine but not limited to, unemployment benefits, pension, sick and vacation leave, death and medicai benefits except as provided in MN Stat. 15.54, Subd 3. Nothing in this intergovemmental mobility agreement, explicit or implicit, shall be construed to be an offer or promise of permanent employment for Mr. Leslie with the Department. Mr. Leslie retains the right to return to his previous employment with the City upon expiration of the mobility assignment or due to termination of the assignment at any time during the effective dates of this mobility agreement. The City will submit invoices to the Department as agreed between the two parties on a quarterly basis. Final invoices at the end of each state fiscal year (the month of June) will be submitted no later than August 15 of each calendar year. MINNESOTA DEPARTMENT OF PUBLIC SAFETY CITY OF ST. PAUL �l�f � 5� �n.C�,� � W t �� /� Va DCrt S�-QU'c �i�h S�ePt Commissioner Human Resources Director Depart�ent of Public Safery As per encumbranee: ,'`� Fiscal & Administrative Serv�ces Department of Public Safety Date: Commissioner of Date: Approved as to Fozfn and Executi Attorney Mayor, City of St. Paul Date: / i / 03-���?