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04-775Council File # � y' �? S Green Sheet # a o s�3 RESOLUTION SAINT P/XUL. MINNESOTA Presented Referred To Committee Date u 1 Council Resolution Regarding the Civil Service Rules and Collective Bargaining 3 WHEREAS, Chapter 12 of the Saint Paul City Charter creates a merit system of personnel practices and Civil 4 Service Rules intended to protect the public from the effects of govemment subject to political patronage, 5 political coercion, and the abuse of authority; and 6 WHEREAS, Section 12.05 of the Saint Paul City Charter vests the authority for the amendment of the Civil 7 Service Rules in the Saint Paul City Councii and provides a legislative procedure for such amendment; and 8 WHEREAS, Section 12.09 of the Saint Paul City Charter states that collective bargaining agreements may 9 contain provisions dealing with wages, hours, fringe benefits, working conditions, grievances, and arbitration of 10 disputes as the Saint Paul City Council deems appropriate; and 11 THEREFORE, the practice of demanding classified employees to forego the benefits and protection of the Civil 12 Service Rules through collective bargaining is inconsistent with the principles of the merit system and the intent 13 of the Charter; 14 NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul City Council hereby immediately prohibits the 15 practice of demanding classified employees to forego the benefits and protection of the Civil Service Rules 16 through collective bazgaining. Requested by Department of: Adoption Certified by Council Secretary By: � � Approved by M yor: Date � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � AdoptedbyCouncil: Date �'-p���r �� ad0� --r o� �'�s CITY OF SAINT PAUL Randy C. KeLLy, Mayor Date: September 15, 2004 To: Kathy Lantry, Council President Jay Benanav, Councilmember Dan Bostrom, Councilmember Patrick Harris, Councilmember Lee Helgen, Councilmember Deborah Montgomery, Councilmember Dave Thune, Councilmember From: Mayor Randy C. Kelly �� �� Re: Council Resolution 04-775 l�` 390 Ciry Hall I S Wesi Kellagg Boulevard Saint Paul, MN 55102 Te[ephorze: 657-266-8510 Facsimile: 651-266-8513 Attached is Resolution No. 04-775 that was passed by the City Council on September 8, 2004. I am returning it to you unsigned as I have been informed by our City Attorney that it has no legal effect. As the Council was repeatedly advised, this resolution is superseded by the provisions of Minn.Stat. § 179A.07 subd. 2 that provides in part that no municipal resolution can limit or restrict the negotiation of terms and conditions of employment in the collective bargaining process. I firtnly believe that the collective bargaining process that was established in the Public Employment Labor Relations Act should be allowed to proceed without politically motivated interference and intend to proceed accordingly. Thank you. � oy- City Council Dave Thune 651-266-8620 xure�e ron TOTAL # Of SIGNATURE PAGES GREEN SHEET No 205i 39 u �..�,�. ��,� � a�„�.. — ❑ �,.,�, ❑ �.� ❑ wuxcw.aoeNCrsow. ❑ araxnuarmi.uac ❑ IWVOR1aRA4aliFNr) ❑ (CIIP ALL LOCATIONS FOR SIGNATURE) Prohibiting the practice of demanding classified employees to forego the benefits and protection of the Civil Service Rules through collective bargaining. PLANNING CAMMISSION q8 COMMITTEE CIVIL SERVICE CAMMISSION APPROVED AMOUNT OF TRANSACTION SOURCE (EXGWNJ 1: . Haz this persoNfirm ever worked under a contrad tor Mie department? YES NO Has this persoNfirm ever been a city emdoY�? YES NO Dces ihis Pe�� Possess a skill rrot rrortnallYPOSSessed by any curreM citY emPloYee7 YES NO IS this persoNfiim a targetetl vendoY� VES NO COSTIREVENUEBUOGEfED(GRCLE ON� ACTIVYTY NUMBER YES NO