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192398Original to City Clerk 0 ORDINANCE 199-398 COUNCIL FILE NO. PRESENTED BY — ORDIIyANCENO Council EYle No. 192398 — Ordinance No. 1 11488 —By Adrian P. Winkel— An ordinance amending Ordinance An ordinance amending Ordinance No. 7607, `tttffj: c'. "An ordinance fixing the duties and responsi- bilities and the minimum qualifications, for the various classes of positions - in the Classified Service of the Gity," approved February 13, 1935, as amended. , I THE COUNCIh OF THE CITY OF, SAINT PAUL. DOES ORDAIN: Section, 1. That Ordinance No. 7607, approved February 13, 1935, as amended, be and the same is. hereby further amended by adding to the ' tMinimum .qualifications" in the specifications for "Fire. Engineer" the line 'Must have a chauffeur's lic.ense.11 Section 2. That said ordinance, as amended, be and the same is hereby further amended by adding to the last sentence of the "Minimum qualifications" in the specifications for 'Truck Driver" the -following: "sand have a chauffeur's license. " Section 3. That said ordinance, as, amended, be, and the same is hereby further amended by striking out of the "Minimum qualifications" in the. specifications .for "Truck gwner- Driver" the word "driver's ", -and- __ - � . __ .... substituting in lieu thereof the word "chauffeur's'l. i Section 4. This ordinance shall take effect and be in force thirty days after its passage, approval, and publication. V z W 0 u l o til\ U O O a C rL Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attes ' # u y City Clerk 1 -67 8 11 ?., 11 JUN 5 1959 Passed by the Council qIn Favor C) Against Approved: JUN 5 1959 ' Mayor T r a OFFICE OF CITY CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota June 3, 1959 Hon. B. T. Holland Personnel Committee Building Dear Sirs JOSEPH R. OKONESKI Ci +y Clerk HAROLD J. RIORDAN Council Recorder The City Council referred to the Personnel Committee the attached ordinancl, C.F. 192398, amending Ord. No. 7607, fixing the duties and responsibilities and the minimum qualifications for Fire Engineer, Truck Driver and Truck Owner -Driver. Also ;attached is a letter of Jerome L. Loberg, representative for Local Number 132, pertaining to additional duties added to the Truck Drivers' classification. Very truly your , a a0 City Clerk ou MINNESOTA e May 14, 1959 • Commissioner Adrian P. Winkel Department of Public Works 234 City Hall Dear Sir: We believe that the attached legal opinion will be of interest to you. We shall prepare an ordinance for the consideration of the Council, requiring the possession of a chauffeur's license, for posi- tions requiring the operation of a truck by all employees in such position; namely, Fire Engineer Truck Driver Truck Owner - Driver This will take care of future appointees in these positions. However, you may have employees already in your department under these titles who may not have such a license; and you may have em- ployees under other titles who occasionally are called upon to drive trucks, or where only some of the employees under the title are re- quired to drive trucks. Among these we can think of Auto Mechanic Car and Truck Greaser Fire Fighter Fireman - Mechanic Lighting Repairman Utilityman, etc. We are bringing this to your attention in order that you may take appropriate action. Very truly yours, —)/. Chief E ' miner HL:mc Encl. 1 C O P Y CITY OF SAINT PAUL Legal Department LOUIS P. SHEAHAN Corporation Counsel May 11, 1959 Adrian P. Winkel, Commissioner Department of Public Works 234 City Hall and Court House Dear Sir: Your letter of May 5, 1959, has been referred to the undersigned for reply. • The following questions were asked: 1) Whether or not Public Works Department drivers should be required to have a chauffeur's license, and 2) Whether or not mechanics when driving trucks or other pieces of equipment for the purpose of giving them road tests are required to have chauffeur's licenses. It is the opinion of this office that both drivers and mechanics, in the cases as stated above, should be required and should have chauffeur's licenses before being permitted to drive trucks, tractors, or truck - tractors. We cite Minnesota Statutes Annotated 168. 39 which prohibits any person to drive a motor vehicle as a chauffeur upon any public highway of this state unless he is licensed by the Secretary of State. Under its subsection, the term chauffeur is defined as follows: "1} Every person, including the owner, who operates a motor vehicle while it is in use as a carrier of persons or property for hire; 2) Every person who is employed for the principal purpose of operating a passenger vehicle; 3) Every "employee who, in the course of,his employment, operates upon the streets or highways a truck, tractor, or truck - tractor, belonging to another and 4) Every person who drives a school bus transporting school children; But does not include employees who, in the course of their employ- ment, operate upon the streets or highways light trucks classified as pickups, panels and sedan deliveries which are used only to carry tools, repairs, light materials and equipment used by the driver in the furtherance of some other and principal occupation, crawler tractors, farm and industrial wheel type tractors, self - loading motor scrapers, front end loaders, motor graders, crawler- mounted construction equipment, ** * * *. 11 C O P Y Comm. Adrian P. Winkel Dept. of Public Works May 11, 1959 �2- Provisions of these statutes have been interpreted several times by the Attorney General's office and in all of these interpretations, no distinction has been made between municipal or other governmental employees, if they came within the provisions of this act. It would, therefore, seem advisable that all parties who might operate trucks, so as to properly come within the provisions of the statute, should be required to have a Minnesota chauffeur's license, and certainly where the employees principal employment is the driving of trucks for the City, he should not be permitted to drive the truck until he shows that he has a valid Minnesota chauffeur's license. For your further information MSA 168. 42 states in part that all chauffeur's licenses expire at midnight on March 31 of each year but may be renewed without examination if application for renewal is made during the month of February. It would, therefore, seem that in' order to insure the possession of valid chauffeur's licenses an annual check should be made on April 1 of each year. We hope this opinion will be of service to you. Yours very truly, '61 Donald L. Lais Assistant Corporation Counsel DLL /mae May 125 1959 Herbert A. Lyon Chief Examiner Civil Service Bureau Dear Mr. Lyons Attached are copies of letters exchanged between Mr. Arthur Koch, myself and Mr. Donald Lai$ of the Corporation Counsel's Office. The letters are self - explanatory. I am also sending a copy of 14r. Laic' opinion to Mr. Koch. I will be absent from the City the balance of the' week, but perhaps you and Mr. Koch could confer about this matter to determine just what steps we should take in accordance with Mr. Lais' opinion*. Sincerely, ADRIAN P. WINKEL Commissioner of Public Works APW:al AttaChs. k May 129 1959 Arthur H. Koch, Supt. ' Municipal Garage D E P A R T M E N T Dear Arts Attached is a Copy of an opinion I received from the Corporation Counsel's Office in reply to ray inquiry of May 5th concerning whether or not truck drivers. are required' to have a State Chauffer•e License. Mr. Lai6' opinion is self— explanatory. I have also written to Mr. Lyon, informing hies of this .opinion, and suggesting that perhaps your and he can consult to determine just what steps should betaken on the basis of tsar# Leis$ opinion. I will be absent from the City until next week, - ftnday, but I think it will be helpful if you and Mr. Lyon can develop a possible solution in the meantiree. Sincerely, APV]sal Attach. ADRIAN P. WINKEL Commissioner of Public Works s N n �7 CITY OF SAINT PAUL T[RRANCt S. O*TOOLK LEGAL DEPARTMENT THOMAS J. RYAN RAYMOND t. FL LOUIS P. SHEAHAN RAYMOND L �LAD[R JOHNJ. t. KIL C060RATION COUNSEL JOHN J. MWtIL THICODORK J. COLLINS INV"TI.AT.w Day 11, 1959 Adrian P. Minkel, -Co=issioner De tment of Public Works 234--City Hall and -Court House Dear flirt wwwr t. O'COMMM.L 11PEML A"=TAUT Your letter of May 5, 1959 has been referred to the'undersigned for reply. In; following questions were asked: 1) Whether or not Public Works Department drivers should be required to have a ohauffer's lioense, and 2) Whether or not mechanics whon.driving trucks or other pieces of equipment for the purpose of giving them road tests are required to have ohauffer's licenses. It is the opinion of this office that both drivers and mechanics, in the oases as stated above, should be required and should have ohauffer's licenses before being permitted to drive trucks, tractors, or truck - tractors. We oite Xinnesota Statutes Annotated 168.39 which pro- hibits any person to drive a motor vehicle as a ehauffer upon any public highway of this state unless he is licensed by the Secretary of State. Under its subsection, the terse chauffer is defined as follows: 01) Every person, in, operates a motor use as a carrier for hire; 2) Every person who cipal purpose of vehicle; eluding the owner, who - vehicle while it is in of persons or property As employed for the prin- operating a passenger 3) Every employee Who, in the course of his employment, operates upon the streets or highways a truck, tractor, or truck".traotor, belonging to another and Comm. Adrian P. Winkel Dept. of Public Works lay 110 1959 2 - I " 4) Every person who drives a school bus transporting school children; But does not include employees who, in the course of their employment, operate upon the streets or high- ways light trucks classified as piokups, panels and sedan deliveries which are used only to carry tools, repaire, light materials and equipment used by the driverjn the furtherance of some other and principal occupation* crawler tractors, farm and industrial wheel type tractors, self - loading motor sorapere, front end loaders, motor e iradere, crawler- mounted construction equipment, Provisions of these statutes have been interpreted several times by the Attorney General's office and in all of these interpretations, no distinction has been made between municipal or other governmental employees, if they came within the provisions of this act. ,It would, therefore, seem advisable that all parties who might operate trucks, so as to properly come within the provisions of the statute, should be required to have a Minnesota ohauffer's license, and certainly where the employees principal employment is the driving of trucks for the City, he should not be per- mitted to drive the truck until he shows that he has a valid`Minnesota ohauffer's license. For your further information MBA 168.42 states in part that all ohauffer's licenses expire at midnight on March!31 of each year but may be renewed without examina- tion if application for renewal is made during the month of February. It would, therefore, seem that in order-to insure the possession of valid chauffer's licenses an annual check should be made on April 1 of each year. Wfe hope this opinion will be of service to you. DLL /sae Y s ver t y, ronald L. Laic Assistant Corporation Oounsei TERRANCE S. O'TOOLE THOMAS J. RYAN DONALD L. LAIS RAYMOND L. FLADER ROBERT E. FARICY JOHN J. McNE1L ASSISTANTS THEODORE J. COLLINS -1 INVESTIGATOR CITY OF SAINT PAUL LEGAL DEPARTMENT LOUIS P. SHEAHAN CORPORATION COUNSEL a8 Adrian P. Winkel, Commissioner De artment of _Public Works 23� City Hall and Court House Dear Sir: May 11, 1959 ROBERT E. O'CONNELL SPECIAL AzzISTANT Your letter of May 5, 1959, has been referred to the undersigned for reply. The following questions were asked: 1) Whether or not Public Works Department drivers should be required to have a chauffer's license, and 2)', Whether or not mechanics when driving trucks or other pieces of equipment for the purpose of giving them road tests are required to have chauffer's licenses. It,is the opinion of this office that both drivers and mechanics, in the cases as stated above, should be required and should have chauffer's licenses before being permitted to drive trucks, tractors, or truck — tractors. We cite Minnesota Statutes Annotated 168.39 which pro- hibits any person to drive a motor vehicle as a ehauffer upon any public highway of this state unless he is licensed by the Secretary of State. Under its subsection, the term chauffer is defined as follows: 111) Every person, including the owner, who, operates a motor vehicle while it is in use as a carrier of persons or property for hire; 2) Every person who is employed for the prin- cipal purpose of operating a passenger vehicle; 3) Every employee who, in the course of his employment, operates upon the streets or highways a truck, tractor, or truck — tractor, belonging to another and Comm.` Adrian P. Winkel Dept. of Public Works May 11, 1959 2 - 4) Every person who drives a school bus transporting school children; But does not include employees who, in the course of their employment, operate upon the streets or high- ways light trucks classified as pickups, panels and sedan deliveries which are used only to carry tools, repairs,. light materials and equipment used by the driver in the furtherance of some other and principal occupation, crawler tractors, farm and industrial wheel type tractors, self - loading motor scrapers, front end loaders, motorraders, crawler - mounted construction equipment, * * ** .'� Provisions of these statutes have been interpreted several times by the Attorney General's office and in all of these interpretations, no distinction has been made between municipal or other governmental employees, if they came within the provisions of this act. It would, therefore, seem advisable that all parties who might operate trucks, so as to properly come within the provisions of the statute, should be required to have a Minnesota chauffer's license, and certainly where the employees principal employment is the driving of trucks for the City, he should not be per- mitted to drive the truck until he shows that he has a valid Minnesota chauffer's license. For your further information MSA 168.42 states in part that all chauffer's licenses expire at midnight on March 31 of each year but may be renewed without examina- tion if application for renewal is made during the month of February. It would, therefore, seem that in order-to insure the possession of valid chauffer's licenses an annual check should be made on April 1 of each year. We,hope this opinion will be of service to you. Y.Qurs very t y, ' a onald L. Lais Assistant Corporation Counsel DLL /mae .I 0 May 59 1959 Louis P. Sheahan Corporation Counsel City of Saint Paul Dear Mr. Sheahans on May 19, 1959, a truck driver, having Civil service status and employed by th+s Department of Public Works$ was given a tag for driving.e Department truck without having qualified for or received a chauffeur's license from the State of Minnesota. The possession of a chauffeur's licenser has never beery made a part of the requirements for qualification to this position by the Civil Service Bureau: I am writing to inquire whether or note under the applicable state statutee our drivers should be required to have a chauffeur's license.- I as also writing to inquire whether or not a license of this type or any similar type would be required when "chanics drive tvucks or other pieces of equipment for the purpose of giving theca road tests. Your answers to these questions will be appreciated. Sincerely yours, ADRIAN P. MINKEL Commissioner of Public storks APW&al kaj 9 THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF ST. PAUL INTER - OFFICE COMMUNICATION May 1, 1959 Commissioner Adrian P. Winkel, Department of Public Works. Dear Sir: Today one of our City truck drivers was stopped and given a tag for operating a City truck without a chauffeur's license. The Civil Service Bureau did not request'a chauffer's license as part of the requiremen is to receive the appointment to the job, therefore, many of the driver's are under the impression that a chauffeur's license is not required. Upon checking our drivers, I find several do not have chauffeurs licenses and in this case the driver also did not have a driver's license. On at least two occasions in the past I have written a request fora ruling by the Legal Department regarding the right of a City employee to operate City equipment without a chauffeur's license but at that time did not receive a reply. Would you please get a ruling from Mr. Sheahan in the Legal Department as soon as possible regarding this incident as I do not wish to continue drivers operating illegally. I would also like to know what license would be required when our mechanics are giving a truck or piece of equipment a road test. Yours truly, Superntendent of Municipal Garage f01 4 • I it k -a 55 O F F I C E O F C O R P O R A T I O N C 0 U N S E May 6, 195 '9 To the Mayor To Commissioner Winkel To the City Clerk To Mr. Dear Sir: This office has received your request, dated May 5th for aT ipion re rpnuirPmant of chauffprts license for nity tru .k' drivers and mechanics Please be advised that this matter has been given to Mr. Lais , Assistant Corporation Counsel, for reply. You undoubtedly will hear from him shortly. Yours very /�trul v ,� S/ Louis P. Sheahan Louis P. Sheahan Corporation Counsel REC'D MAY 7 1999 is II 2nd 1 � / Laid over to 3rd and app Adopte Yeas Nays as Nays �DeCourcy DeCourcy Holland Holland ortinson Mortinson Peterson Peterson Rosen N Rosen \� Winkel ` Winkel Mr. President Dillon r. President Dillon 8 19,')398 - i