215827ORIGINAL TO CITY CLERK �-
, . I ,
PRESENTED BY
COMMISSIONI
CITY OF ST. PAWLIS�;LD COUNCIL
OF ICE OF THE CITY CLERK FILE NO. _
COUNC ESOLUTION— GENERAL FORM , 1C11 File No. 215827 -13y Milton
sen-
Q zereas, The Legislative Code of
DATE S a "ity of Saint Paul, in Chapter 104
.)f, requires that all employees of
Wo,•ks - lepartment must be
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WHEREAS, the Legislative Code of the City of
Saint Paul, in Chapter 104 thereof, requires that all
5 employees of the Public Works Department must be residents
of Ramsey County, and provides further for certain specific
exceptions; and
WHEREAS, a law suit commenced by and on behalf,
of laborers employed on a specific public construction,
to -wit: the construction of Highland Senior High School,
the court, Lenard J. Keyes presiding, has determined'
that the residency requirement, as aforesaid, is uncon-
stitutional and illegal; and
WHEREAS, said decision is in the process of being
appealed to the Supreme Court;
NOW, THEREFORE, BE IT RESOLVED, that the City
of Saint Paul shall continue to enforce the provisions of
Chapter 104 of said Legislative Code pending the Appeal,
as aforesaid, and the proper officials of said City are -
hereby instructed and directed to take all actions neces-
sary and customary for the enforcement of the aforesaid
Chapter 104.
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. COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss In Favor
Peterson
Rosen
Mr. President, Vavoulis
10D1 8-82
Against
Adopted by the CounQcil 7 19—
0 0171
Appro d 19—
Mayor
CITY OF SAINT PAUL
ROBERT E. O'CONNELL
SPECIAL ASSISTANT LEGAL DEPARTMENT
DONALD L. LAIS
CORPORATION COUNSEL
To the Mayor and to the Councils
2/3'�,y1
LOUIS P. SHEAHAN
DIRECTOR Of LAW
December 10, 1963
Attached are two forms of Resolution, one in
the affirmative and the other to the negative, both deal-
ing with Chapter 104 of the Legislative Code,. entitled
"Emplo ees of Public Works must be Residents (of Ramsey
County" .
Without reviewing the said Chapter in question,
a law suit has been commenced by laborers employed in
thmpnstruction of Highland Senior High School, and the
e?�esn let in relation thereunto. On a
factual determination, oral arguments, and presentment
of briefs, Judge Keyes of Ramsey County District Court
has ruled that the requirement of the City, as expressed
in said Chapter 104, is unconstitutional and, therefore,
illegal. It has been the accepted practice of the City,
in reliance on Chapter 104, to include residency require-
ments in specifications. At the present time, Judge Keyes'
decision has been reduced to judgment. It is proper,
therefore, to consider whether the City should enforce
Chapter 1049or whether the City should abide by Judge
Keyes' decision. The matter is presently on appeal. Any
decision to be made by the Council would, of course, be
effective only during the period of appeal as the deter-
mination by the Supreme'Court would be a final determina-
tion in this matter.
It is recommended to the,Council that policy
guidance shall be given by means of the resolutions
attached, one of which instructs the City to enforce the
provisions of Chapter 104 during the pendency of appeal;
the second of which instructs the ,City and the appropriate
officers thereof to abide by Judge Keyes' decision not-
withstanding; the appeal.
Respectfully submitted,
Robert E. Faricy
REF:DM Assistant Corporation ounsel
enclosures