248812 • ���V���
, ORIGINAL TO CITY CL[RK
' CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK FILE
OUN L RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE � DATF
WHEREAS, during the year 1g70 Memorial Day and Independence
Day fall on Saturday, and
WHEREAS, the laws of the State of Minnesota now provide that these
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holidays do not achieve the status of a legal holiday on tlie preceding Friday,
and
WHEREAS, the City Council may adopt reasonable rules and
regulations describing holidays for its employees and having so provided
for in the Civil Service Rules that when Memorial Day and Independence Day
fall on a Saturday the Friday preceding shall be a holiday; be it therefore
RESOLVED, that the City of Saint Paul shall close its offices on
the Friday before each of the holidays mentioned and grant its employees
a holiday; and further provided that since the state law does not provide that
these two Fridays be legal holidays, offices of record shall remain open
for the transaction of business for the public. These offices of record shall
� be manned by a reduced staff consistent with providing for public business,
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o and employees working on these days shall be granted time off in lieu of
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� the holiday.
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" MAY 121970
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Carlson M�/�;X 1 ? ���so
Dalglish Approve 19—_
Meredith �1n Favor
Peterson �
Sprafka V Mayor
Tedeaco A Sainst
Mr. Preaident, Byrne PUBLISHED MAY 16 1970
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�"Area Code 612 �tiTY � THOMAS J.STEARNS
223-5121 �,���� '`�_� ARTHUR M. NELSON
, � �. JEROME J.SE6AL
" THOMAS M. MOONEY
d. '��� � KENNETH J. FIiZPATRICK
Y'� '` PAUL F. MeCLOSKEY,JR.
JOSEPH E.CARTWRI6HT
CITY OF SAINT PAUL R.SCOTT DAVIES
PIERRE N. REGNIER
PAUL J.KELLY DANIEL L. FICKER
FirotAssistan+ LEGAL DEPARTMENT KENNETH A�RIEN
316 Ci+ Hall, St. Paol, ���
y Minnesofa 55102 �`�j !_
DANIEL A. KLAS C1 �
Corpora}ion Counsel May �� 197�
� � � �� ° �� F: �
�''h�Y � 1970
The Honorable Thomas R. Byrne aA�Yn��S '�tFICf
Mayor of the City of Saint Paul
Dear Mayor Byrne:
In your letter dated April 2'7, 19'70, you raise the following
issues with regard to Memorial Day and Independence Day for the
year 1970:
1 . Considering applicable state statutes, may the
City of Saint Paul close its offices on the
Friday before each of the holidays mentioned?
2. If the answer to the above is in the affirmative
are there offices of record that must be kept
open to comply with the state law?
OPINION
Under Sec. 9 (c) (1) of the Civil Service rulings for the City
of Saint Paul , the following schedule of holidays has been established:
"New Year' s Day January 1
Lincoln' s Birthday February 12
Washington' s Birthday February 22
Memorial Day May 30
Independence Day July 4
Labor Day The first Monday in September
Christopher Columbus Day October 12
Christmas Day December 25
Good Friday The Friday next preceding
Easter Sunday
Thanksgiving Day
Veterans ' Day November 11
provided, when New Year' s Day, January l; or Memorial Day,
May 30; or Independence Day, July 4; or Christmas Day,
December 25; fall on Saturday, the preceding day shall
be a holiday. When these days fall on Sunday, the
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Mayor Byrne 2. May 5, 1970
"following day shall be a holiday. Employees may be
granted such time off with pay as the Council by resolution
may provide from time to time, and such provision shall
apply uniformly to all employees unless excluded by the
provisions of Division 5 below. " (Emphasis supplied. j
Civil Service rules and regulations have the force and effect
of law and will be judicially sustained unless they violate constitu-
tional guaranties, controlling state legislation, or the provisions
of the charter pursuant to which they were adopted. State ex rel.
Coduti v. Hauser, 219 Minn. 29'7, 17 NW2d 504.
The Laws of Minnesota, Chapter 645. 44, Subdivision 5, provides
as follows:
"Subd. 5. Holidays. 'Holiday' includes New Year' s Day,
January l; Lincoln' s Birthday, February 12; Washington' s
Birthday, February 22; Memorial Day, May 30; Independence
Day, July 4; Labor Day, the first Monday in September;
Christopher Columbus Day, October 12; Christmas Day,
December 25; the Friday next preceeding Easter Sunday,
commonly known as Good Friday; Thanksgiving Day; and
Veterans Day, November 11; provided, when New Year' s
Day, January 1; or Memorial Day, May 30; or Independence
Day, July 4; or Christmas Day, December 25; falls on
Sunday, the following day shall be a holiday. No public
business shall be transacted on any holiday, except in
cases of necessity and except in cases of public business
transacted by the legislature, nor shall any civil process
be served thereon. "
It has been well established by rulings of the Attorney General
that in order to achieve the status of a legal holiday, the day
in question must be specifically enumerated in the applicable statute.
Ops. Atty. Gen. 276C ,June 8, 1968, and cites therein. Under the
present provision if a holiday falls on a Saturday there is no
requirement that another day be granted as a holiday in lieu thereof.
Thus the Fridays preceding Memorial Day and Independence Day for
the year 1970 do not achieve status as legal holidays.
However, it is clear the city council may adopt reasonable
rules and regulations prescribing hours of work, wages and holidays
for its employees. Ops. Atty. Gen. 2'70-D, November 19, 1952. Thus
Sec. 9 (c) (1) of the Civil Service rulings quoted above permits
employees to be off on the Fridays in question but does not change
the status of those days to legal holidays.
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Mayor Byrne 3. May 5, 1970
Therefore, the issues noted above are answered as follows:
l. The City of Saint Paul may close its offices
on the Friday before each of the holidays mentioned.
2. Since the status of those days has not changed
offices of record must be kept open for the
transaction of business by the public. However,
as in the past these offices may be manned by a
reduced staff consistent with providing for the
public business.
It should be noted that a new statutory provision will become
operative on January l , 1971 , which speaks directly to the present
issue and this opinion should not be extended beyond that date.
Respectfully submitted,
/ �•�J` ���I�./
R. SCOTT DAVIES
Assistant Corporation Counsel
RSD:paw
CC. John Haider
Civil Service Director