05-503Council File # �
Green Sheet # �2�3,3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �3
PRESE\'TED BY
REE�RRED TO
CONINIITTEE: DATE
i WHEREAS, Minnesota Statutes 15.51 et se�c . provides far the interchange of public
z employees among various jurisdictions; and
3
4 WHEREAS, Minnesota Statutes 471.59 et se�c . requires the consent of the governing
s bodies of political subdivisions to enter into agreements among them for such matters as
s employee interchanges; and
�
s WHEREAS, the City of Saint Paul and the State of Minnesota Department of Public
s Safety desire to enter into an agreement for the intra-governmental transfer of Sgt. Mark Kempe
io of the Saint Paul Police Department; and
ii
iz WHEREAS, the City will be reimbursed by a Target Corporation grant for all costs
ia incurred by the City as a result of this transfer, including salary, fringe benefits and pension costs
ie up to $80,000.00; now therefore be it
is
is RESOLVED, that the proper City officiais are authorized to enter into a written
i� agreement consistent with the above recitals and applicable laws.
�
�, _.
x
� Green Sheet Green Sheet f3reen Sheet Cyreen Sheet Green Sheet Green Sheet
�
�
�n�
w Departmentloffice/council: Date Initiated: vJ � +
�� � Green Sheet NO: 3026313
�,...: Pp PoliceDepazUnent 02-MAY-0S
,;,;�`, ConWd Person 8 Phone: Deoartmerh Sent To Person InitiaVDate
Chief John Hartington � 0 1' artnent �
g`?� 26 ��� ASSign 1 oticeDe ar[meM
" Must Be on Council F�enda by (Date): Num6er Z �� ��
t
r,�� For
ROUting 3 avor•sOfSce
Order 4 ou cil
r'r 5 Cierk
�Pf''.. , .. , , . . _
�"'>;.
�'�'`� Total # of Signature Pages _(Clip All Locations for Signature]
�:-" Action Requested:
s To approve a conhact with the Departrnent of Public Safety for an intergovemmental 4ansfer of a City employee to work as an
��'"`` invesfigator in the Cold Case Investigation Unit in the Bureau of CYiminal Apprehension for one yeaz unless extended.
„" ,.
fi � Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
�r Planning Commission 1. Has this person/firm ever worked under a cont2ct for this departrnent?
CIB.Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
S.' Yes No
z; :. - - 3. Does this person/firm possess a skill not normally possessed by any
current cSty empbyee? - ,
Yes .No
^�' � � Explain all yes answers on separate sheet and attach to green sheet "
�"'
S� .,.`:
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
,; Tazget Cozpararion has provided the City with a grant to cover ffie annual salary and benefits of one police sergeant to be assigied to
a� �"` the Cold Case Unit in the BCA. This resolution a roves an inha ovemmental a eement allowin S Mark Kem e to artici ate in
�,. PP S � S 8t� P P P
� the investigarion of these eold'files. This will provide a long-time City employee with an extended opportunity to gain experienc8
�:,;." outside the Ciry with no costto the City. This investigator will also review St. Paul cold cases.
:�;
��" Advanhages If Approved: "
`'�' The City will contract with the State of Minnesota's Department of Public Safety. The City will be fully xeunbursed for all salary and
,- �
benefits not to exceed $80,000 associated with this agreement through the Target Corporation.
>�` � - —
a:� Disadvantages If Approved:
None.
$F `
MAY 31 2Q��
��`ui . � 9 ��! 0���
Disadvanhages If Not Approved:
'.wy .
Total Amo�nt of . CosVReveoue Budgeted: � �
Trensaction:
� . Fundiog Source: Adivity Number:
' Financiallnformation: . . ,
(Explain) � �
t�.: „
k'i,'
�':
�: �:� " . . � . . � � �,
�
(�j' S03
AGREEMENT
STA'I`E OF MINNESOTA,
MINNESOTA DEPARTMENT OF PUBLIC SAFETY,
AND
CITY OF SAINT PAUL, POLICE DEPARTMENT
This agreement is hereby entered into this day of Ivlay, 2005, by and between the
State of Minnesota, acting through its Commissioner of the Department of Public Safety
(hereinafter "DepartmenP'), and the City of Saint Paul Police Deparhnent (hereinafter "Cit}�').
WHEREAS, the employee, Mark Kempe, is a regular employee of the City, in the
position of Sergeant, with certain rights as a City employee; and
WHEREAS, the pardes agree that Sgt. Kempe be granted an intergovernxnental mobility
assignment from the City to the Deparhnent 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); and
NOW TAEEREFORE, the parties hereto and their respective agencies hereby agree as
follows:
Effective Apri14, 2005, Sgt. Kempe will be placed on an intergovernmental
mobility assigiment from the City to the Deparhnent for an initial period of 12
months, upon the approval of the City Council. This assignment may be extended
upon agreement by the City and the Department, and execurion of a written
amendment to this agreement.
2. Under the direcrion of the Commissioner of the Minnesota Department of Public
Safety, Sgt. Kempe wiil perforru the duties of Investigator for the Cold Case Unit
of the Bureau of Crixninal Apprehension.
As Sgt. Kempe serves at the pleasute of the Commissioner, this intergovernmental
mobility agreement may be terminated at any time by the Coznmissioner. The
agreement may also be terminated at any time by the City with 30 days written
notice.
4. During the life of this intergovernmental mobility agreement, Sgt. Kempe remains
a regular employee of the City and continues to accrue and retain benefits,
seniority, compensation and allowances from the City in accardance with any
current and subsequently approved City admiuistrative procedures and/or policies
and labor agreements, including any increases in compensation or allowances that
may occur during the effective dates of this mobility agreement for which Sgt.
Kempe would be eligibie. Mr. Kempe will comply with any City procedures
related to receipt of allowances or use of sick/vacation time.
�5' �3
5. All of Sgt. Kempe's compensation will be subject to Police and Fire Plan of the
Public Employee Retirement Association of Miunesota with conhibutions from
the City and Sgt. Kempe.
6. Sgt. Kempe will remain an active licensed peace officer on the City roster subject
to continuing education Peace Officers Standards and Trainiug Board
requirements. Sgt. Kempe may elect to attend in-service training provided by the
City or the Department at his option.
During the life of this intergovernmental mobility agreement, a grant from the
Tazget Coxporafion shall reunburse the City for Sgt. Kempe's compensation and
related fringe benefit costs up to $80,000, which Sgt. Kempe receives fzom the
City as described in Paragraph 4 above, except for training or uniform allowances
for the length of the mobility agreement. Should Sgt. Kempe's compensation and
related fringe benefit costs exceed $80,000, the City will be responsible for those
costs.
8. Each pariy is responsible for its own acts. and behavior and the results thereof.
The State's liability is governed by the Minnesota Tort Ciaims Act, Minnesota
Statutes 3.736. The City's responsibility is governed by the Municipal Tort
Claims Act, Minnesota Statutes 466.02. Although the supervision of Sgt.
Kempe's duties will rest exclusively with the Department, he is not a Department
employee and isn't entitled to any Department benefits including but not limited
to, unemployment benefits, pension, sick and vacation leave, death and medical
benefits except as provided in Minn.Stat. 15.54, Subd. 3.
9. Nothing in this intergovernmental mobility agreement, explicit or implicit, shall
be construed to be an offer or promise of permanent employment for Sgt. Kempe
with the Department.
10. . Kempe retains the right to return to his previous employment with the City
upon e' ation of the mobility assignment or due to ternrination of the
assignment a time during the effecrive dates of this mobility agreement.
MINNESOTA DEPAF
OF PUBLIC SAFETY
Commissioner
Dated:
�o
CTTY OF SAINT PAUL
Dated:
2
Ncr s� Gr� - T R`�'�� �7uc�
qN LY
t
�j' �3
Director
�lic Safery
Dated:
As per encumbrance:
Fiscal & Admu�istrative Services
Department of Public Safety
Dated:
Commissioner of Administration
Dated:
Approved as to Form and Execution:
Attorney General
John Harrington
Chief of Police
Dated:
Approved as to Form:
Assistant City Attorney
�ity of Saint Paul
Finance Director
Dated:
3