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01-1190;'^n j p^: i iy ' r`� 9 �.9 I>. i� 6 , " : R ; i i i; ,%° �� e . _ � a . . m. ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Council File # p�.. 1\ 9 0 Green Sheet # 62921 Committee Date 1 An Administrative Ordinance placing the position 2 tifled City Engineer in the unclassified service pursuant 3 to Section 12.032(I� of the Ciry of Saint Paul Charter. 4 TE� COUNCIL OF THE CITY OF SAINT PAi]L DOES ORDAIN: 10 11 12 13 14 Secrion 1. That it is appropriate and desirable to place the position ritled City Engineer in the unclassified service. Secrion 2. That pursuant to Section 12.03.2(I-n of the City Charter, such position shall be established in the unclassified service of the City of Saint Paul by ordinance with the consent of the Civil Service Commission. Section 3. That appoiniments to such position shall be made by the Director of the Deparhnent of Public Works and the appointee shall serve at the will and pleasure of the Director. Section 4. This ordinance shall take efFect and be in force 30 days from and after its passage and approval, including approval by the Civil Service Commission. lg Requested by Deparhnent of. � •' � � - . � �,_ ! � � �� ..0 ��.e. ��-'"'. , Form Approved by City Attomey By: � t '� �`�-�'3 � � � Adopuon Certifiad by Council Secretary � •..s ��. . � �.- �/� �� I��I%// ' � %//�/ Approved � By for Submission to Council Commis �vi�.� / Adopted by Council: Date �$ S 10 _� i �Sj D�AR�rr,�o�c��o�,�L: DA'rE�mn'r�n GREEN SAEET No.: 62921 p� - ��90 F3LIMAN RESOURCES 10-22-01 CONFACI' PERSOIV & PHONE: IlvmAl./nATE IIi117nLnA1'E JOHN HAMII.TON 266-6470 or JOHN 1 DEPARiMEll[ D �f�� s��o�. SHOCKLEY266-b482 ,��G�o zcvrwrront+er �''' �cirrccouc NUMB�FOR MOS[HEONCOUNCC�..AGEt1DA8Y(DA'[E) ROUTING 3ANANCfAL�RVDIR FINANQALSERV/ACCIG As soon as possible. °RD� 4MAYOR(ORASSIJ 6 CIV�.S�LVICECOb4dI5Si0N TOTAL R OF S[GNATURE PAGFS_1 (CLIY Ai:L IACATIONS FOR S7GNA'NRE) wcnoN �u:Qvesrcv: Request approval of an ordinance placing the position titled CiTy Engineer in the unclassified service pursuant to Secrion 12.03.2(Ei) of the City Charter. RECOM�fflII1A710NS: Approve (A) or Aejat (R) PERSONAL S6RVICE CONTRACLS MOS]' APISWER T9E FOLLOWINGQUESTIONS: I. HeaNuspawn/&mccwmkMimderem�maUforfhisdepmtlnrnt? _PLANNINGCOMId75SION Yu No _CBCOMMff17'EE 2. HaaUusPV%�dy^�everbemacitl'a^P�%a? CIVII,SERVICECOMI.IISSiON = Yu No . ' 3. Doea this P��✓f�� W�%aslall not`wrtnal�Y W�essed by mry c+amn �+lY �P�oYce� Yes No 4. Is flus yersoNfiem a targeted vmdoA ' Yes No EYqaio a11 yo answen on uperate sheet and aqac6 b green sheet INITFATING PROBLEM, ISSUE, OPPORI'UNI1'1 (Whq Wha4 �� ere, Why): The Department of Public Works, as a part of their succession planning process, has aecommended and requested that the position titled City Engineer be formally established in the unclassified service. Currenfly, tt3e Department has designated a senior registered engineer to serve in the capacity of "City Engineer" to relieve the D'uector of some of the technical engineering' leadership responsibilities of d'uectly supervising 14 engineering and support posifians, Also, this acrion is being taken because much of Minnesota law implies that cifies should appoint a"City Engineer." Severat State laws require the "City Engineer" to certify bridge inspections, provide estimates of completed work for municipal aid construction, provide records and inventories of bridges, provide reports and feasibility studies for street construction and money needs, and represent municipalities in dispute resolution boards, street disaster account boazds, street aid rules committees, and state aid fund screening boazds. The City of Saint Paul Administrative Code, in Chapter 6, implies that there is a"Cify Engineer." CurrenUy, the Director of Public Works is appointed by the Mayor and is not required ta be a registered engineer. The City position would be appointed by the Public 4Vorks Director and provide technical leadership assistance. ADVA[VTAGESIFAPPROVED: ` Approval ofthis ordinance will allow for the creation of an unctassified City Engineer position in the Deparhnent of Public Works. The City Engineer wiil be appointed by the Director of Public Works who will serve at the will and pleasure of the Director. The position will be appainted from a list of competent intemal candidates provided in accordance with the newly created Civil Engineer Competency Modeling Pilot Project. This selection system will provide the D'uector with a pool of candidates having the much needed technical leadership competencies, and the d'uect lrnowtedge of and experience with City Public Works opeiations. n�s,wvn�acss�anrrxovEV: _ _ �lnC�� E,'SE'�1`C� ,�,enteC None. � OCT � 0 2U01 DISADVANTAGES IF NOT APPROVED: � ' The D'uector of Public Works is not required to be a registered professionabengineer by th,e� State of Minnesota. The City . Administrarive Code and State law imply that there be a City Engineer to provide technical leadership to the ora nl�ation. The Public Works Director, who is a registered professionat engineer, and the team of Public Works employees working on succession planning have found that the City would be better served if there were two positions providing leadership to the Deparhnent; the Public Works Director to provide overall leadership of the Deparnnent, and the Ciry Engineer to provide the technical engineering leadership. TOTALeUiOUNTOFTRANSAC7'ION: mne COST/REVENUEBIIDGETED: FUNDING SOURCE: ACTIVITY NUMBER: F[NANCIAL INRORMAT[ON: (EXPLAI[� G:\Shared�IRCONIMOIS�SHOCKLEY�C7tyEng.ORD.GRNSHT.WPD � CLASSIFICATION AND COMPENSATION STUDY REPORT 01 �,�e�p POSITION STUDIED: INCL]iVIBENT: DATE STUDIED: Proposed City Engineer A1 Shetka (Interim) September Z001 Background The Department ofPublic Works has been going through extensive succession planning because of the pending retirements of more than 24 senior employees in the ne� two years. The results haue been some reorganization and restructuring of positions and the creation of new competency based classification systems for the engineering professional and technical job families. Also, one of the recommendations that came out of that planning process was that a City Engineer position be created. This was recommended because the cunent Director ofPublic Works has been serving as both the Duector and the City Engineer for the past 3 years. This has resulted in fourteen division managers and support staffbeing supervised directly by the Public Works Director. The current Director is a registered professional engineer which allows for the multiple roles of manager of a very large City department, technical leader, and provider of the duties of a municipal engineer as required under State law. This situation has provided the current D'uector with chailenging and stimulating leadership opportunities. However, this is not considered to be an oprimum organizationai structure. In 2002, it is possible that a new Director may be appointed. Since 1994, there has been no requirement that a Director ofPublic Works be a professional engineer registered by the State of Minnesota. The Department of Public Works has recentiy appointed an Assistant City Engineer, in a temporary, out of title capacity, to handle some of the duties normally associated with a city engineer. The Department has requested that the Office of Human Resources create a City Engineer position so that the position could bring some continuity oftechnical leadership to the Department, but yet allow a new Public Works Director flexibility in making appointments to the position. Studv Components Interview with Director ofPublic Works Interview with interim incumbent Review of proposed position description Comparisons with Public Works engineering management positions Review of legal requirements QES Analysis (Internal Job Evaluation) -1- APPROVAL OF DII2ECTOR OF HUMAN RESOURCES: Position Description O � -��qa The proposed City Engineer position will provide highiy responsible engineering and management work in planning, direcring, evaluating, and reviewing the civil engineering technical aspects of projects and operations of the Department of Public Works. Assistance will be provided to the Director of Public Works in the organization, adminisuation, and supervision of public works activities. Supervision of the position will be provided by Director of Public Works in the form of broad policy guidance and direction, as well as that provided by state and federal rules, regulations and policies, the City legislarive and administrative codes. The position will provide general, technical, and administrative supervision, as well as quality assurance, to all levels of professional, tecl�nical, labor, and administrative support personnel as assigned. Such supervision will be provided either directly, or through delegation to subordinate supervisors. The position will act as the administrative head of the Department of Public Works in the absence of the Director. The main duties of the position will be as follows: Provides oversight of all engineering work in connection with the preparation of surveys, pians, specifications, and cost estimates for public works projects, construction, and maintenance of streets, sewers, bridges, alleys, lighting, traffic control, and other public works facilities. Provides oversight of the development oftransportation, drainage, sewer, lighting, and related facilities, and coordinates their development with other municipalities and agencies. Advises the Public Works Director in the establishment of departmental and divisional goals, objectives, and priorities. Provides management and direction for assigned divisions and functions. Advises the mayor, the City Council, the Public Works Director, and other City officials regarding technical, engineering aspects of City programs and projects. Serves as the City of Saint Paul's primary engineering representative in official dealings with the State Commissioner of Transportation. Represents the Department of Public Works in official deatings with other governmental agencies and professional engineering associations. Provides assistance to the Public Works Director in the preparation and implementation ofthe budget for the 17epartment of Public Works include individual division budgets. Conducts management studies, long and short range planning and speciai projects as requested by the Public Works Director. -2- Comparisons to City of Saint Paul Positions ��`�� The duties and responsibilities of the proposed City Engineer position were compared with those ofthe Public Works Director which is in the unclassified service, the classified and vacant Associate Engineer, and the classified Assistant City Engineer class of positions. Director of Public Works This position is appointed by the Mayor with the consent of the City Council. There is no formal selection process. The minimum qualifications for the position aze set forth, by ordinance, in Chapter 21 of the Administrative Code. They are as follows: "The Director of The Department of Public Works shall have a bachelor's degree plus seven (7) years' of responsible experience in public administration involving planning, organizing, and budgeting." The Director ofPublic Works, like ail department heads, has been ass�gned to 37 of the Non-represented City Managers, Employee Group 17, Salary Ranges. That range is, cunently, between $83,361 and $114,045, annually. The incumbent has over 33 years of service with the City and has held the Director position on two separate occasions, for a totai of over six years. The incumbent is paid $107,897, annually. Associate City Engineer This class of positions, cunently has no incumbents. It has been vacant for several years. Positions that had been allocated to this class performed highly responsible administrative, engineering, and management work in planning, directing and evaluating the activities of a major division ofthe Department ofPublic Works. The duties described for positions within this ciass are similar to those described for the proposed City Engineer position, but they are limited in their scope to that of a major division of the Department. Positions in this class are required to have ten years of professional engineering experience and experience in managing at the section head level. Such positions require professional engineer registration by the State. This classification is assigned to grade 33 of the Saint Paul Supervisors Organization (SPSO) salary ranges. This salary range is currently $75,159 to $103,477 annually. SPSO is the only unit that has not agreed to new wage adjustments for 2001. So for comparison purposes the 2000 wages were adjusted upwards by 2.75% which is what most other units agreed to in 2001. Assistant City Engineer This class of positions has nine incumbents. These positions perform highly responsible engineering management work in planning, directing and evaluating the activiries of a division or unit engaged in the design, construction and/or operation of a public works system which involves complex engineering concepts. These positions aze the division managers, and large projecUprogram managers under the current organizational structure ofthe Department ofPublic Works. Positions in the class are required to have eight years of professional engineering experience and experience at the section head or program management level. Such positions are also require to have professionai engineer registration by the State. This classification is assigned to grade 30 of the Saint Paul Supervisors Organization (SPSO) salary ranges. The range currently is $69,099 to $95,046 annually. -3- Legal Requirements o � -\�qo A review of the City's Administrative Code revealed that in Chapter 6, which establishes/describes the Department ofPublic Works, revealed that the head ofthe department shall be the city engineer and director, who prior to appointment, shall possess such qualifications as the Council may, by ordinance, provide. Also revealed was that the city engineer and director shall be appointed by the mayor with the consent of the Council and shall be in the unclassified service of the City. Consequently, it appears that the Administrative code implies that, the Director of Public Works andlor the City Engineer were to be one and the same when this chapter was last amended in 1982. In 1994, the requirements for the Director were amended 'm Chapter 21 ofthe Administrative Code, which covers the qualifications for certain department heads by no longer requiring The Director ofPublic Works to be registered by the State as a professional engineer. A review of Minnesota Statutes revealed that there is no ta�v that specifically requires a City of the first class, such as Saint Paul, to appoint a City Engineer. However, there are several statutes that imply that cities should appoint a city engineer. For example, several laws provide duties for the "city engineer." Under Minnesota law, the "city engineer" is required to: certify bridge inspections [165.03], provide estimates of completed work for municipal state aid construction [162.10], provide records and inventories ofbridges [165.03], provide reports and feasibility studies for street construction and money needs [162.13], and represent municipalities in dispute resolution boards [162.02], street disaster account boards [162.12], street aid rules committees [162.09], and state aid fund screening boards[162.13}. Therefore, much of Minnesota Law appears based on the assumption that city engineer appointments do exist. Even communications from the Minnesota Department of Transportation are addressed to the "City Engineer." OES Analysis The QES analysis ofthis position supports assigning the proposed position grade 34, ofEmployee Group 17, Non-represented City Managers, Salary Schedule. Conclusions The Department of Public Works has deternuned, through a significant planning process, that the Department and the City would be better served, from a legal and a quality assurance standpoint if a City Engineer position were established. A review of the City Administrative Code and State statutes appeared to support the premise that a City Engineer position shouid exist. The administrative code irnplies that the City Engineer and the Public Works Director are the same position and are in the unclassified service. This position was to be appointed by the Mayor with the consent of the Council. The Public Works Director is no longer required to be a State registered professional engineer, so the position can no longer be the City Engineer unless a registered engineer is appointed Director. Under the cunent structure of the Public Works Department, having the Public Works Director take on both roles creates an inefficient span of control situation. The current management level Public Works engineering job family ciass specifications do not adequately describe the level of the duties, responsibilities, and competencies of the proposed position. These classes are also civil service classified positions. The � Administrative Code implies that the City Engineer should be in the unclassified service. ��_\\'�'� Recommendation It is recommended that position of City Engineer be created in the unclassified service in accordance with the provisions of 12.032(F3) of the City Charter. Also, it is recommended that such posirion he compensated 'm grade 34 of the Nonrepresented City Managers, Empioyee Crroup 17, 5alary Schedule. Additionaliy, it is recommended that the City Engineer be appointed by the Director ofPublic Works. Furthermore, it is recommended that Chapter 21 ofthe City Administrative Code be amended to include the minimum requirements for the City Engineer position. Those minimum requirements should include registration as a professional engineer by the State Of Minnesota and, at least, four years of experience as a registered professional engineer at the Assistant City Engineer or Civil Engineer IV level in Public Works. These requirements would correspond with the educarion and certification competencies set forth for positions ailocated to the Civil Engineer IV and Assistant City Engineer levels in the Competency Modeling Pilot Project for the Civil Engineer Job Family. It is further recommettded that the Pilot Project be amended ta include in the selection process the City Engineer. The 7ob Family Competency Matrix should be amended to include the competencies required of a City Engineer. The Public Works Director could then appoint a City Engineer from a list of Public Works Civil Engineer IVs and Assistant City Engineers deemed competent by the competency review panel established under the process set forth in the Pilot Project. This recommendation would allow for both an unclassified appointment, and continuity, in that the appointment would be made from a list of experienced State registered professionat engineers familiar with policies and procedures of the City Public Works Department, who have demonstrated the competencies necessary to successfully perform the work of the proposed position. It should be noted, that any City classified employees who accept appointment to the City Engineer unclassified position, would be considered to be on a leave of absence from their classified position. Such employees would be reinstated to their former position or an equal position upon ternunation of their unclassified appointment. G:GShared�HRCOMMON�SSfiOCKLEY�Ciry.Eng.�ptwpd -5- O� -\�°�o CTTY CHARTER 625. Terms shall be six (6) years, except that one of the three (3) members first appointed shall serve for a term of two (21 years and one for a term of four (4) years. All appointments shall be from among the qualified voters of the city who are in known sti�mpathy with the application of inerit principles to public emplo5ment. No member mati� hold any office or employment under the city. A member shall cease to be a member of the com- mission upon becoming a candidate for elective citp office. The council may, by administrative ordinance, pro�zde compensation and reimbursement oF expenses for the commissioners and establish a procedure for the appointment of alternates. Any member may be removed by the council for cause after a hearing. Proceedings for removal may be initiated by the mayor, the councii or the board of education. EdiYOr's note—SecUOn 12 02 amended by Ord No. 17494, C.F. S i-1094, adopted bq city council Sept. 22, 1987, pursuant to Mmnesota Statutes, Section 41012. Sec. 12A3. Classified and unclassified. Sec. 12.03.1. Civil service divisions. Tbe cicil service of the City of Saint Paul shall consist of the classified and unclassified service. Sec. 12.032. Unclassified service. The unclassi£ied ser��ice shall comprise: (Ai Elected officials. B) Heads of executive departmenta. (C) A secretary to the mayor. (D) The city attorney and deputy and assistant city attorneys, subject to Section 5.03. (E) The fire chief, and police chief, and per- sonnel director. (F) The city clerk. (G) Members of boards and commissions. (H) Such additional positions as shall be assigned by ordinance to the unclassified service, with the consent of the civil service com- r�::sion. Supp No.2 Sec. 12.03.3. G7assified service. § iz.oa.o2 The classified service shall include all other positions in the city service, including offices here- inafter created and not excluded therefrom. A11 classified employees shall enjoy the benefits and protection and be subject to the civil sercice rules and no permanent employee in the classified ser- vice shall be discharged except for cause and upon such hearing as the civil service rules or other law prescribe. Sec. 12.04. Duties of the civil service comnus- sion. Sec. 12.04.1. Hearing of grievances. The civil service rules shali include provisions establishing a formal procedure for the review of employee grievances not covered under labor agree- ments. After exhausting the formal grievance proce dure, the complaining employee may petition the civil service commission £or a hearing and the commission shall, within a reasonable time, con- duct a hearing at which all parties to the griev- ance or their representatives may be heard. The commission shal] have the power to issue sub- poenas and to administer oaths and to compel ±he attendance and testimon,y of witnesses and the production of books and papers relevant to the grievance. The commission may� make comp]aint to the district court of disobedience of its sub- poena or orders under this section. Following the hearing, the commission shall promptly rule on the grievance petition. Its decision shall have such binding effect as the civil service rules prescribP. (Ord. No. 17446, § 1, 4-2-87) Sec. 12.042. Studies. The commission shall make studies at the re- quest of the mayor or the council or the board of education of independent school district number 625 or on its own motion concerning the enforce- ment and effect of this chapter and the obser- vance of the provisions and the rules established hereunder. 19 a►-►��to § 5.05 ADbIINISTRATIVE CODE ment of cable communications services. The cable communications officer's duties and responsibili- ties shall include, but not be limited to, the following: (a} Serve as liaison between the eity, franehi- see, state and federal authorities con- cemed with cable communications; (b) Receive and investigate compiaints con- ceming the operation of the cable commu- nications system; (c) {d) (e) Assure franchisee's compliance with all applicable ordinances and laws and, upon determination of any violation of same, take all necessary and appropriate action to enforce the applicable law; Monitor the franchisee's performance and adherence to the terms of the franchise, including, but not limited to, construction schedule,installation policy,rates,opera- tional standards, maintenance, technical standards, system design, use of public ways, service continuity and the provision of support and facilities for access and community programming; Receive for review and evaluation ali data and reports required of the franchisee and, where appropriate, forwazd such data to interested or affected city departments; and (fl Make such recommendations and reports to the city council and mayor as may be deemed necessary to the regulation and development of the cable communications system. (C.F. No. 97-53, § 2, 2-12-97) See. 5.06. Risk and empioyee benefits man- agement division. Within the department of technology and man- agement services, there shall he a division of risk and employee benefits management. Under the supervision of the director,the division shall: (2) Identif}; measure, manage, and recom- mend fiuiding altematives for: a. AI1 city-wide loss control and safety programs designed to prevent and/or reduce loss of city resources, includ- ing employee and public safety, and property asset protection; b. City compliance with the Americans with Disahilities Act; c. Establish and administer all em- ployee and retiree benefit plans,in- cluding health caze benefits, life in- surance, disability insurance, dental insurance, employee assistance pm- grams, and other related benefit pro- grams; d. The city's unemployment compensa- tion program; e. The city's health promotian and ed- ucation program for employees and retirees in order to improve produc- tivity, contain health benefit costs, and reduce sick leave usage; E All city property/casualty risk azeas, ipcluding insurance purchase, con- tract review, retention limits, self insurance, recordkeeping and com- pliance procedures; g. The city's workers' compensation pro- gram, including retention iimits, claim investigation, claim settle- ment, recrordkeeping, cost allocation, complianee requirements, and a re- turn-to-work program; and h. The city's tort claims program, in- cluding retention levels, claim inves- tigation, claim settlements, recordkeeping, and efforts to reduce/ contain costs.. (2) Provide advice and assistance t'o the city's labor relations efforts on bargainabie is- sues related to the division's function. ' (C.F. No. 97-53, § 2, 2-12-97) See. 6.01. Department generally. ( , ere is hereby established an egecutive department of the City •Editor's not�This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; Ord. No. 16552, adopted Aug. 14, 1979; aad Ord. No. 16928, adopted Juae 2, 1982. Supp. No. 36 2416 oi-��1� GENERAL PROVISIONS of Saint Pavl to be known as the department of public works. The head oF such department shall be the city engineer and director, who, prior to such appointment, shall possess such qualifica- tions as the council may by ordinance provide. The department of public works shall be orga- ni� into the divisions of: streets and bridges, traffic and lighting, sewers and utilities, solid waste and energy, equipment services, municipal engineering, and administration. {b) Depattmenfal functions. The department of public works shall be responsible for the design, engineering, construction, operation and mainte- nance of the city's public works projects involving and including all streets, sidewalks, alleys, bridges, sewers, lighting systems, flood-control devices, ' solid waste collection, disposal and reclamatian systems, traffic-control devices, and the coordina- tian of placement of other facilities in the public ways, including gas, electric, steam and water. � � - �� 4Alu�-'d»°'�.�:IX�rFd4 *c�'4 `�^c&sv "row " �" �r:'4` R � � '�� . . . �.i II18II. mas:,t S 6T�� . �Q � �� . � �. or��,�� na sh�ii }u ;�,.zc,fio.� s . The city engineer and du�ector s�be to the mayor and, subjeet to hislher supervision and control, shall administer the affairs of the depart- ment. Hefshe shall have general authority and control over all departmental staff and shall over- see the proper fulfillment of all tasks and duties assigned to the department. Aelshe shall have the power to prescribe such rules and regulations as helshe deems necessary or expedient for the proper operation of the department and to that end shall keeg himself/herself informed of the latest admin- istrative practices. The city engineer and director shall have the power and the duty to take all personnel actions, including hiring, assia*+ing and reassigning empioyees, including supervisory per- sonnel, within hislher department and shall su- pervise their performance. Sec. 6.02. Division of streets and bridges. Within the department of public works, there shall be a division of streets and bridges. Under the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating to the design and engineering functions to be $ 6.02 performed by the department of public works, involving streets, alleys, sidewalks and bridges. (2) Have chazge of all matters relating to the construction of pubiic warks' street and bridge projects inciuding inspecting, ad- vising and approving the construction of all such works. (3) Have chazge of the preparation and main- tenance of the city's records dealing with Supp. I�TO. 36 2416.1 o, - � l�o GENERAL PROVISIONS 4 6-06 streets, bridges and other public ways lo- related structiu�al projects, including inspe��t- cated within the city limits. ing, advising and approving the construc- (4} Be responsible for the maintenance of all tion of all such works, ezcept waterworks. pubIic streets, sidewalks, alleps and bridges. (3) Supervise the placement of all utilities in (5) Be responsible for the control and usage of the pubiic streets or other public property, alt public stxeets, sidewalks, alleps and �cluding water, gas, steam, electric, tele- bridges. phone and cable television. Sec. 6.03. IJivision of traffic and lighting. Within the department of public works, there shall be a division of traffic and lighting. Under the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating to the design and engineering functions to be per- formed by the department of pubiic works involving tr�c control and lighting. (2) Have charge of all matters relating to the construction of public works' tr�ccontrol devices and lighting projects, including in- speetion, advising and approving the con- struction of all such cvorks. (3) Be responsible for the design of all neces- sary tr�c regulatory devices and signals. (4) Be responsible for the operation and main- tenance of ali necessary tr�c regulatory devices and signals. (5) Be responsible for the operation and main- tenance of the city's street and alley light- ing systems. (6) Be responsible for the control and usage of aIl parts of the tr�c-control system. Sea 6.04. Division of sewers and utilities. Within the department of public works, there shail be a division of sewers and utilities. Ilnder the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating ta the design and engineering functions to be per- formed by the department of public works, involving sewers, flood controi and drainage. (2) Have charge of all matters relating to the construction of public works' sewers and 3upp. No. 2 (4) Be responsible for the maintenance of all public aewers and other drainage facilities. (5) Be responsible for the control and usage of all public sewers and other drAj�e facilities. (6) Be responsible for the physical inspection and maintenance of floodcontrol devices. (7) Implement flood-eontrol measures in coop- eration with the emergency preparedness functions of the city and of other govern- mental agencies. , 3ea 6.05. Division of solid waste and energy. Within the department o£ public works, there shall be a division of solid waste and energy. Under the supervision of the city engineer and director, the division shall: (1) Provide for a municipal solid waste coliec- tion and disposal system and establish bill- ing proceduresstherefor. (2) Regulate the private collection and removal of solid waste and assist in the enforcement of all laws governing the storage, removal and handling of such solid waste within the city. (3) Coordinate and administer any assigned duties invdlved in the planning, construc- tion and maintenance of solid waste dis- posal or resource reclamation facilities in- clnding cogeneration facilities or other energy-producing facilities. Sec. 6.06. Equipment aervices division. Within the department of public works, there shall be an equipment services division. Under the supervision of the city engineer and director, the division shall: 2417 o�-��co � s.os � s u.1� yY: t M�1 � t (1) Have chazge of the purchasing, rental and repair of all equipment and vehicles belong- ing to the department of public works. (2) Have chazge of the purchasing, rentai and repair of all other assigned city equipment. Sec. 6.07. Municipal engineering division. Within the department of pubiic works there shall be a municipal engineering division. Under the supervision of the city Engineer and director, the division shall: (1) Be responsible for the planning, design and construction of all assigned public works improvement projects. (2) Be responsible for the plaxuiing, design and construction of other assigned city improve- ment projects. (3) Be responsible for land surveying. (4) Be responsible for project management of all projects generated extemally from pub- lic works, hut involving more than one line division of the department of public works. 5ec. 6.08. Administration division. Within the department of public works, there shall be an administration division. Under the supervision of the city engineer and director, the division shall: (1) Be responsible for assisting line division managers in the preparation of their an- nual budgets. (2; Provide financial management information services to line division managers. (3) Provide personnel and general administra- tive services to line division managers. Chapter 7. Department of Community Services' Sec. 7.01. Department generally. (a? Department established There is hereby es- tablished an esecutive department of the City of Saint Paul to be known as the department of community services. The head of such depattment shall be the du'ector who, prior to such appoint- ment, shall possess such qual�cations as the coun- cil may by ordinance provide. The department of community services shall be organized into the divisions of libraries, parks and recreation, public health and housing and building code enforcement. (b) Department¢t functions. The department of community services shall be responsible for the administration and maintenance o£ all public li- braries and reading rooms; the administration and maintenance of parks, pazkways and play-' grounds,including the care and maintenance of trees and shrubbery on public lands; the organi- zation and programming of community recreation; the administration of public health programs, the en£orcement oF city housing and building codes. (e) Director, powers ¢nd duties. The director of the department of community services shali be appointed by the mayor with the consent of the council and shall be in the unclass�ed service o£ the city. The director shall be accountable to the mayor and, subject to his supervision and control, shall administer the affairs of the department. Iie shall have general authority and control over all departmental staff and shali oversee the proper fulfillment of all tasks and duties assigned to the department. He shall have the power to prescribe such rules and regulations as he deems necessary or eicpedient for the proper operation of the de- partment and to that end shall keep himself in- formed of the latest administrative practices. The director shall have the power and duty to take all personnel actions,including hiring, assigning and reassigning employees, including supervisory per- 'Editor's note—This chapter is derived from the followiag ordinances: ' Ord. No. Sec. Date Ord. No. Sec. Date 15174 — 8-23-72 16128 — 12-14-76 15582 — 3-13-14 17104 — 2- 7-84 15936 — 1- 6-76 17342 — 4-17-86 Supp. No. 2 2418 ;'^n j p^: i iy ' r`� 9 �.9 I>. i� 6 , " : R ; i i i; ,%° �� e . _ � a . . m. ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Council File # p�.. 1\ 9 0 Green Sheet # 62921 Committee Date 1 An Administrative Ordinance placing the position 2 tifled City Engineer in the unclassified service pursuant 3 to Section 12.032(I� of the Ciry of Saint Paul Charter. 4 TE� COUNCIL OF THE CITY OF SAINT PAi]L DOES ORDAIN: 10 11 12 13 14 Secrion 1. That it is appropriate and desirable to place the position ritled City Engineer in the unclassified service. Secrion 2. That pursuant to Section 12.03.2(I-n of the City Charter, such position shall be established in the unclassified service of the City of Saint Paul by ordinance with the consent of the Civil Service Commission. Section 3. That appoiniments to such position shall be made by the Director of the Deparhnent of Public Works and the appointee shall serve at the will and pleasure of the Director. Section 4. This ordinance shall take efFect and be in force 30 days from and after its passage and approval, including approval by the Civil Service Commission. lg Requested by Deparhnent of. � •' � � - . � �,_ ! � � �� ..0 ��.e. ��-'"'. , Form Approved by City Attomey By: � t '� �`�-�'3 � � � Adopuon Certifiad by Council Secretary � •..s ��. . � �.- �/� �� I��I%// ' � %//�/ Approved � By for Submission to Council Commis �vi�.� / Adopted by Council: Date �$ S 10 _� i �Sj D�AR�rr,�o�c��o�,�L: DA'rE�mn'r�n GREEN SAEET No.: 62921 p� - ��90 F3LIMAN RESOURCES 10-22-01 CONFACI' PERSOIV & PHONE: IlvmAl./nATE IIi117nLnA1'E JOHN HAMII.TON 266-6470 or JOHN 1 DEPARiMEll[ D �f�� s��o�. SHOCKLEY266-b482 ,��G�o zcvrwrront+er �''' �cirrccouc NUMB�FOR MOS[HEONCOUNCC�..AGEt1DA8Y(DA'[E) ROUTING 3ANANCfAL�RVDIR FINANQALSERV/ACCIG As soon as possible. °RD� 4MAYOR(ORASSIJ 6 CIV�.S�LVICECOb4dI5Si0N TOTAL R OF S[GNATURE PAGFS_1 (CLIY Ai:L IACATIONS FOR S7GNA'NRE) wcnoN �u:Qvesrcv: Request approval of an ordinance placing the position titled CiTy Engineer in the unclassified service pursuant to Secrion 12.03.2(Ei) of the City Charter. RECOM�fflII1A710NS: Approve (A) or Aejat (R) PERSONAL S6RVICE CONTRACLS MOS]' APISWER T9E FOLLOWINGQUESTIONS: I. HeaNuspawn/&mccwmkMimderem�maUforfhisdepmtlnrnt? _PLANNINGCOMId75SION Yu No _CBCOMMff17'EE 2. HaaUusPV%�dy^�everbemacitl'a^P�%a? CIVII,SERVICECOMI.IISSiON = Yu No . ' 3. Doea this P��✓f�� W�%aslall not`wrtnal�Y W�essed by mry c+amn �+lY �P�oYce� Yes No 4. Is flus yersoNfiem a targeted vmdoA ' Yes No EYqaio a11 yo answen on uperate sheet and aqac6 b green sheet INITFATING PROBLEM, ISSUE, OPPORI'UNI1'1 (Whq Wha4 �� ere, Why): The Department of Public Works, as a part of their succession planning process, has aecommended and requested that the position titled City Engineer be formally established in the unclassified service. Currenfly, tt3e Department has designated a senior registered engineer to serve in the capacity of "City Engineer" to relieve the D'uector of some of the technical engineering' leadership responsibilities of d'uectly supervising 14 engineering and support posifians, Also, this acrion is being taken because much of Minnesota law implies that cifies should appoint a"City Engineer." Severat State laws require the "City Engineer" to certify bridge inspections, provide estimates of completed work for municipal aid construction, provide records and inventories of bridges, provide reports and feasibility studies for street construction and money needs, and represent municipalities in dispute resolution boards, street disaster account boazds, street aid rules committees, and state aid fund screening boazds. The City of Saint Paul Administrative Code, in Chapter 6, implies that there is a"Cify Engineer." CurrenUy, the Director of Public Works is appointed by the Mayor and is not required ta be a registered engineer. The City position would be appointed by the Public 4Vorks Director and provide technical leadership assistance. ADVA[VTAGESIFAPPROVED: ` Approval ofthis ordinance will allow for the creation of an unctassified City Engineer position in the Deparhnent of Public Works. The City Engineer wiil be appointed by the Director of Public Works who will serve at the will and pleasure of the Director. The position will be appainted from a list of competent intemal candidates provided in accordance with the newly created Civil Engineer Competency Modeling Pilot Project. This selection system will provide the D'uector with a pool of candidates having the much needed technical leadership competencies, and the d'uect lrnowtedge of and experience with City Public Works opeiations. n�s,wvn�acss�anrrxovEV: _ _ �lnC�� E,'SE'�1`C� ,�,enteC None. � OCT � 0 2U01 DISADVANTAGES IF NOT APPROVED: � ' The D'uector of Public Works is not required to be a registered professionabengineer by th,e� State of Minnesota. The City . Administrarive Code and State law imply that there be a City Engineer to provide technical leadership to the ora nl�ation. The Public Works Director, who is a registered professionat engineer, and the team of Public Works employees working on succession planning have found that the City would be better served if there were two positions providing leadership to the Deparhnent; the Public Works Director to provide overall leadership of the Deparnnent, and the Ciry Engineer to provide the technical engineering leadership. TOTALeUiOUNTOFTRANSAC7'ION: mne COST/REVENUEBIIDGETED: FUNDING SOURCE: ACTIVITY NUMBER: F[NANCIAL INRORMAT[ON: (EXPLAI[� G:\Shared�IRCONIMOIS�SHOCKLEY�C7tyEng.ORD.GRNSHT.WPD � CLASSIFICATION AND COMPENSATION STUDY REPORT 01 �,�e�p POSITION STUDIED: INCL]iVIBENT: DATE STUDIED: Proposed City Engineer A1 Shetka (Interim) September Z001 Background The Department ofPublic Works has been going through extensive succession planning because of the pending retirements of more than 24 senior employees in the ne� two years. The results haue been some reorganization and restructuring of positions and the creation of new competency based classification systems for the engineering professional and technical job families. Also, one of the recommendations that came out of that planning process was that a City Engineer position be created. This was recommended because the cunent Director ofPublic Works has been serving as both the Duector and the City Engineer for the past 3 years. This has resulted in fourteen division managers and support staffbeing supervised directly by the Public Works Director. The current Director is a registered professional engineer which allows for the multiple roles of manager of a very large City department, technical leader, and provider of the duties of a municipal engineer as required under State law. This situation has provided the current D'uector with chailenging and stimulating leadership opportunities. However, this is not considered to be an oprimum organizationai structure. In 2002, it is possible that a new Director may be appointed. Since 1994, there has been no requirement that a Director ofPublic Works be a professional engineer registered by the State of Minnesota. The Department of Public Works has recentiy appointed an Assistant City Engineer, in a temporary, out of title capacity, to handle some of the duties normally associated with a city engineer. The Department has requested that the Office of Human Resources create a City Engineer position so that the position could bring some continuity oftechnical leadership to the Department, but yet allow a new Public Works Director flexibility in making appointments to the position. Studv Components Interview with Director ofPublic Works Interview with interim incumbent Review of proposed position description Comparisons with Public Works engineering management positions Review of legal requirements QES Analysis (Internal Job Evaluation) -1- APPROVAL OF DII2ECTOR OF HUMAN RESOURCES: Position Description O � -��qa The proposed City Engineer position will provide highiy responsible engineering and management work in planning, direcring, evaluating, and reviewing the civil engineering technical aspects of projects and operations of the Department of Public Works. Assistance will be provided to the Director of Public Works in the organization, adminisuation, and supervision of public works activities. Supervision of the position will be provided by Director of Public Works in the form of broad policy guidance and direction, as well as that provided by state and federal rules, regulations and policies, the City legislarive and administrative codes. The position will provide general, technical, and administrative supervision, as well as quality assurance, to all levels of professional, tecl�nical, labor, and administrative support personnel as assigned. Such supervision will be provided either directly, or through delegation to subordinate supervisors. The position will act as the administrative head of the Department of Public Works in the absence of the Director. The main duties of the position will be as follows: Provides oversight of all engineering work in connection with the preparation of surveys, pians, specifications, and cost estimates for public works projects, construction, and maintenance of streets, sewers, bridges, alleys, lighting, traffic control, and other public works facilities. Provides oversight of the development oftransportation, drainage, sewer, lighting, and related facilities, and coordinates their development with other municipalities and agencies. Advises the Public Works Director in the establishment of departmental and divisional goals, objectives, and priorities. Provides management and direction for assigned divisions and functions. Advises the mayor, the City Council, the Public Works Director, and other City officials regarding technical, engineering aspects of City programs and projects. Serves as the City of Saint Paul's primary engineering representative in official dealings with the State Commissioner of Transportation. Represents the Department of Public Works in official deatings with other governmental agencies and professional engineering associations. Provides assistance to the Public Works Director in the preparation and implementation ofthe budget for the 17epartment of Public Works include individual division budgets. Conducts management studies, long and short range planning and speciai projects as requested by the Public Works Director. -2- Comparisons to City of Saint Paul Positions ��`�� The duties and responsibilities of the proposed City Engineer position were compared with those ofthe Public Works Director which is in the unclassified service, the classified and vacant Associate Engineer, and the classified Assistant City Engineer class of positions. Director of Public Works This position is appointed by the Mayor with the consent of the City Council. There is no formal selection process. The minimum qualifications for the position aze set forth, by ordinance, in Chapter 21 of the Administrative Code. They are as follows: "The Director of The Department of Public Works shall have a bachelor's degree plus seven (7) years' of responsible experience in public administration involving planning, organizing, and budgeting." The Director ofPublic Works, like ail department heads, has been ass�gned to 37 of the Non-represented City Managers, Employee Group 17, Salary Ranges. That range is, cunently, between $83,361 and $114,045, annually. The incumbent has over 33 years of service with the City and has held the Director position on two separate occasions, for a totai of over six years. The incumbent is paid $107,897, annually. Associate City Engineer This class of positions, cunently has no incumbents. It has been vacant for several years. Positions that had been allocated to this class performed highly responsible administrative, engineering, and management work in planning, directing and evaluating the activities of a major division ofthe Department ofPublic Works. The duties described for positions within this ciass are similar to those described for the proposed City Engineer position, but they are limited in their scope to that of a major division of the Department. Positions in this class are required to have ten years of professional engineering experience and experience in managing at the section head level. Such positions require professional engineer registration by the State. This classification is assigned to grade 33 of the Saint Paul Supervisors Organization (SPSO) salary ranges. This salary range is currently $75,159 to $103,477 annually. SPSO is the only unit that has not agreed to new wage adjustments for 2001. So for comparison purposes the 2000 wages were adjusted upwards by 2.75% which is what most other units agreed to in 2001. Assistant City Engineer This class of positions has nine incumbents. These positions perform highly responsible engineering management work in planning, directing and evaluating the activiries of a division or unit engaged in the design, construction and/or operation of a public works system which involves complex engineering concepts. These positions aze the division managers, and large projecUprogram managers under the current organizational structure ofthe Department ofPublic Works. Positions in the class are required to have eight years of professional engineering experience and experience at the section head or program management level. Such positions are also require to have professionai engineer registration by the State. This classification is assigned to grade 30 of the Saint Paul Supervisors Organization (SPSO) salary ranges. The range currently is $69,099 to $95,046 annually. -3- Legal Requirements o � -\�qo A review of the City's Administrative Code revealed that in Chapter 6, which establishes/describes the Department ofPublic Works, revealed that the head ofthe department shall be the city engineer and director, who prior to appointment, shall possess such qualifications as the Council may, by ordinance, provide. Also revealed was that the city engineer and director shall be appointed by the mayor with the consent of the Council and shall be in the unclassified service of the City. Consequently, it appears that the Administrative code implies that, the Director of Public Works andlor the City Engineer were to be one and the same when this chapter was last amended in 1982. In 1994, the requirements for the Director were amended 'm Chapter 21 ofthe Administrative Code, which covers the qualifications for certain department heads by no longer requiring The Director ofPublic Works to be registered by the State as a professional engineer. A review of Minnesota Statutes revealed that there is no ta�v that specifically requires a City of the first class, such as Saint Paul, to appoint a City Engineer. However, there are several statutes that imply that cities should appoint a city engineer. For example, several laws provide duties for the "city engineer." Under Minnesota law, the "city engineer" is required to: certify bridge inspections [165.03], provide estimates of completed work for municipal state aid construction [162.10], provide records and inventories ofbridges [165.03], provide reports and feasibility studies for street construction and money needs [162.13], and represent municipalities in dispute resolution boards [162.02], street disaster account boards [162.12], street aid rules committees [162.09], and state aid fund screening boards[162.13}. Therefore, much of Minnesota Law appears based on the assumption that city engineer appointments do exist. Even communications from the Minnesota Department of Transportation are addressed to the "City Engineer." OES Analysis The QES analysis ofthis position supports assigning the proposed position grade 34, ofEmployee Group 17, Non-represented City Managers, Salary Schedule. Conclusions The Department of Public Works has deternuned, through a significant planning process, that the Department and the City would be better served, from a legal and a quality assurance standpoint if a City Engineer position were established. A review of the City Administrative Code and State statutes appeared to support the premise that a City Engineer position shouid exist. The administrative code irnplies that the City Engineer and the Public Works Director are the same position and are in the unclassified service. This position was to be appointed by the Mayor with the consent of the Council. The Public Works Director is no longer required to be a State registered professional engineer, so the position can no longer be the City Engineer unless a registered engineer is appointed Director. Under the cunent structure of the Public Works Department, having the Public Works Director take on both roles creates an inefficient span of control situation. The current management level Public Works engineering job family ciass specifications do not adequately describe the level of the duties, responsibilities, and competencies of the proposed position. These classes are also civil service classified positions. The � Administrative Code implies that the City Engineer should be in the unclassified service. ��_\\'�'� Recommendation It is recommended that position of City Engineer be created in the unclassified service in accordance with the provisions of 12.032(F3) of the City Charter. Also, it is recommended that such posirion he compensated 'm grade 34 of the Nonrepresented City Managers, Empioyee Crroup 17, 5alary Schedule. Additionaliy, it is recommended that the City Engineer be appointed by the Director ofPublic Works. Furthermore, it is recommended that Chapter 21 ofthe City Administrative Code be amended to include the minimum requirements for the City Engineer position. Those minimum requirements should include registration as a professional engineer by the State Of Minnesota and, at least, four years of experience as a registered professional engineer at the Assistant City Engineer or Civil Engineer IV level in Public Works. These requirements would correspond with the educarion and certification competencies set forth for positions ailocated to the Civil Engineer IV and Assistant City Engineer levels in the Competency Modeling Pilot Project for the Civil Engineer Job Family. It is further recommettded that the Pilot Project be amended ta include in the selection process the City Engineer. The 7ob Family Competency Matrix should be amended to include the competencies required of a City Engineer. The Public Works Director could then appoint a City Engineer from a list of Public Works Civil Engineer IVs and Assistant City Engineers deemed competent by the competency review panel established under the process set forth in the Pilot Project. This recommendation would allow for both an unclassified appointment, and continuity, in that the appointment would be made from a list of experienced State registered professionat engineers familiar with policies and procedures of the City Public Works Department, who have demonstrated the competencies necessary to successfully perform the work of the proposed position. It should be noted, that any City classified employees who accept appointment to the City Engineer unclassified position, would be considered to be on a leave of absence from their classified position. Such employees would be reinstated to their former position or an equal position upon ternunation of their unclassified appointment. G:GShared�HRCOMMON�SSfiOCKLEY�Ciry.Eng.�ptwpd -5- O� -\�°�o CTTY CHARTER 625. Terms shall be six (6) years, except that one of the three (3) members first appointed shall serve for a term of two (21 years and one for a term of four (4) years. All appointments shall be from among the qualified voters of the city who are in known sti�mpathy with the application of inerit principles to public emplo5ment. No member mati� hold any office or employment under the city. A member shall cease to be a member of the com- mission upon becoming a candidate for elective citp office. The council may, by administrative ordinance, pro�zde compensation and reimbursement oF expenses for the commissioners and establish a procedure for the appointment of alternates. Any member may be removed by the council for cause after a hearing. Proceedings for removal may be initiated by the mayor, the councii or the board of education. EdiYOr's note—SecUOn 12 02 amended by Ord No. 17494, C.F. S i-1094, adopted bq city council Sept. 22, 1987, pursuant to Mmnesota Statutes, Section 41012. Sec. 12A3. Classified and unclassified. Sec. 12.03.1. Civil service divisions. Tbe cicil service of the City of Saint Paul shall consist of the classified and unclassified service. Sec. 12.032. Unclassified service. The unclassi£ied ser��ice shall comprise: (Ai Elected officials. B) Heads of executive departmenta. (C) A secretary to the mayor. (D) The city attorney and deputy and assistant city attorneys, subject to Section 5.03. (E) The fire chief, and police chief, and per- sonnel director. (F) The city clerk. (G) Members of boards and commissions. (H) Such additional positions as shall be assigned by ordinance to the unclassified service, with the consent of the civil service com- r�::sion. Supp No.2 Sec. 12.03.3. G7assified service. § iz.oa.o2 The classified service shall include all other positions in the city service, including offices here- inafter created and not excluded therefrom. A11 classified employees shall enjoy the benefits and protection and be subject to the civil sercice rules and no permanent employee in the classified ser- vice shall be discharged except for cause and upon such hearing as the civil service rules or other law prescribe. Sec. 12.04. Duties of the civil service comnus- sion. Sec. 12.04.1. Hearing of grievances. The civil service rules shali include provisions establishing a formal procedure for the review of employee grievances not covered under labor agree- ments. After exhausting the formal grievance proce dure, the complaining employee may petition the civil service commission £or a hearing and the commission shall, within a reasonable time, con- duct a hearing at which all parties to the griev- ance or their representatives may be heard. The commission shal] have the power to issue sub- poenas and to administer oaths and to compel ±he attendance and testimon,y of witnesses and the production of books and papers relevant to the grievance. The commission may� make comp]aint to the district court of disobedience of its sub- poena or orders under this section. Following the hearing, the commission shall promptly rule on the grievance petition. Its decision shall have such binding effect as the civil service rules prescribP. (Ord. No. 17446, § 1, 4-2-87) Sec. 12.042. Studies. The commission shall make studies at the re- quest of the mayor or the council or the board of education of independent school district number 625 or on its own motion concerning the enforce- ment and effect of this chapter and the obser- vance of the provisions and the rules established hereunder. 19 a►-►��to § 5.05 ADbIINISTRATIVE CODE ment of cable communications services. The cable communications officer's duties and responsibili- ties shall include, but not be limited to, the following: (a} Serve as liaison between the eity, franehi- see, state and federal authorities con- cemed with cable communications; (b) Receive and investigate compiaints con- ceming the operation of the cable commu- nications system; (c) {d) (e) Assure franchisee's compliance with all applicable ordinances and laws and, upon determination of any violation of same, take all necessary and appropriate action to enforce the applicable law; Monitor the franchisee's performance and adherence to the terms of the franchise, including, but not limited to, construction schedule,installation policy,rates,opera- tional standards, maintenance, technical standards, system design, use of public ways, service continuity and the provision of support and facilities for access and community programming; Receive for review and evaluation ali data and reports required of the franchisee and, where appropriate, forwazd such data to interested or affected city departments; and (fl Make such recommendations and reports to the city council and mayor as may be deemed necessary to the regulation and development of the cable communications system. (C.F. No. 97-53, § 2, 2-12-97) See. 5.06. Risk and empioyee benefits man- agement division. Within the department of technology and man- agement services, there shall he a division of risk and employee benefits management. Under the supervision of the director,the division shall: (2) Identif}; measure, manage, and recom- mend fiuiding altematives for: a. AI1 city-wide loss control and safety programs designed to prevent and/or reduce loss of city resources, includ- ing employee and public safety, and property asset protection; b. City compliance with the Americans with Disahilities Act; c. Establish and administer all em- ployee and retiree benefit plans,in- cluding health caze benefits, life in- surance, disability insurance, dental insurance, employee assistance pm- grams, and other related benefit pro- grams; d. The city's unemployment compensa- tion program; e. The city's health promotian and ed- ucation program for employees and retirees in order to improve produc- tivity, contain health benefit costs, and reduce sick leave usage; E All city property/casualty risk azeas, ipcluding insurance purchase, con- tract review, retention limits, self insurance, recordkeeping and com- pliance procedures; g. The city's workers' compensation pro- gram, including retention iimits, claim investigation, claim settle- ment, recrordkeeping, cost allocation, complianee requirements, and a re- turn-to-work program; and h. The city's tort claims program, in- cluding retention levels, claim inves- tigation, claim settlements, recordkeeping, and efforts to reduce/ contain costs.. (2) Provide advice and assistance t'o the city's labor relations efforts on bargainabie is- sues related to the division's function. ' (C.F. No. 97-53, § 2, 2-12-97) See. 6.01. Department generally. ( , ere is hereby established an egecutive department of the City •Editor's not�This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; Ord. No. 16552, adopted Aug. 14, 1979; aad Ord. No. 16928, adopted Juae 2, 1982. Supp. No. 36 2416 oi-��1� GENERAL PROVISIONS of Saint Pavl to be known as the department of public works. The head oF such department shall be the city engineer and director, who, prior to such appointment, shall possess such qualifica- tions as the council may by ordinance provide. The department of public works shall be orga- ni� into the divisions of: streets and bridges, traffic and lighting, sewers and utilities, solid waste and energy, equipment services, municipal engineering, and administration. {b) Depattmenfal functions. The department of public works shall be responsible for the design, engineering, construction, operation and mainte- nance of the city's public works projects involving and including all streets, sidewalks, alleys, bridges, sewers, lighting systems, flood-control devices, ' solid waste collection, disposal and reclamatian systems, traffic-control devices, and the coordina- tian of placement of other facilities in the public ways, including gas, electric, steam and water. � � - �� 4Alu�-'d»°'�.�:IX�rFd4 *c�'4 `�^c&sv "row " �" �r:'4` R � � '�� . . . �.i II18II. mas:,t S 6T�� . �Q � �� . � �. or��,�� na sh�ii }u ;�,.zc,fio.� s . The city engineer and du�ector s�be to the mayor and, subjeet to hislher supervision and control, shall administer the affairs of the depart- ment. Hefshe shall have general authority and control over all departmental staff and shall over- see the proper fulfillment of all tasks and duties assigned to the department. Aelshe shall have the power to prescribe such rules and regulations as helshe deems necessary or expedient for the proper operation of the department and to that end shall keeg himself/herself informed of the latest admin- istrative practices. The city engineer and director shall have the power and the duty to take all personnel actions, including hiring, assia*+ing and reassigning empioyees, including supervisory per- sonnel, within hislher department and shall su- pervise their performance. Sec. 6.02. Division of streets and bridges. Within the department of public works, there shall be a division of streets and bridges. Under the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating to the design and engineering functions to be $ 6.02 performed by the department of public works, involving streets, alleys, sidewalks and bridges. (2) Have chazge of all matters relating to the construction of pubiic warks' street and bridge projects inciuding inspecting, ad- vising and approving the construction of all such works. (3) Have chazge of the preparation and main- tenance of the city's records dealing with Supp. I�TO. 36 2416.1 o, - � l�o GENERAL PROVISIONS 4 6-06 streets, bridges and other public ways lo- related structiu�al projects, including inspe��t- cated within the city limits. ing, advising and approving the construc- (4} Be responsible for the maintenance of all tion of all such works, ezcept waterworks. pubIic streets, sidewalks, alleps and bridges. (3) Supervise the placement of all utilities in (5) Be responsible for the control and usage of the pubiic streets or other public property, alt public stxeets, sidewalks, alleps and �cluding water, gas, steam, electric, tele- bridges. phone and cable television. Sec. 6.03. IJivision of traffic and lighting. Within the department of public works, there shall be a division of traffic and lighting. Under the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating to the design and engineering functions to be per- formed by the department of pubiic works involving tr�c control and lighting. (2) Have charge of all matters relating to the construction of public works' tr�ccontrol devices and lighting projects, including in- speetion, advising and approving the con- struction of all such cvorks. (3) Be responsible for the design of all neces- sary tr�c regulatory devices and signals. (4) Be responsible for the operation and main- tenance of ali necessary tr�c regulatory devices and signals. (5) Be responsible for the operation and main- tenance of the city's street and alley light- ing systems. (6) Be responsible for the control and usage of aIl parts of the tr�c-control system. Sea 6.04. Division of sewers and utilities. Within the department of public works, there shail be a division of sewers and utilities. Ilnder the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating ta the design and engineering functions to be per- formed by the department of public works, involving sewers, flood controi and drainage. (2) Have charge of all matters relating to the construction of public works' sewers and 3upp. No. 2 (4) Be responsible for the maintenance of all public aewers and other drainage facilities. (5) Be responsible for the control and usage of all public sewers and other drAj�e facilities. (6) Be responsible for the physical inspection and maintenance of floodcontrol devices. (7) Implement flood-eontrol measures in coop- eration with the emergency preparedness functions of the city and of other govern- mental agencies. , 3ea 6.05. Division of solid waste and energy. Within the department o£ public works, there shall be a division of solid waste and energy. Under the supervision of the city engineer and director, the division shall: (1) Provide for a municipal solid waste coliec- tion and disposal system and establish bill- ing proceduresstherefor. (2) Regulate the private collection and removal of solid waste and assist in the enforcement of all laws governing the storage, removal and handling of such solid waste within the city. (3) Coordinate and administer any assigned duties invdlved in the planning, construc- tion and maintenance of solid waste dis- posal or resource reclamation facilities in- clnding cogeneration facilities or other energy-producing facilities. Sec. 6.06. Equipment aervices division. Within the department of public works, there shall be an equipment services division. Under the supervision of the city engineer and director, the division shall: 2417 o�-��co � s.os � s u.1� yY: t M�1 � t (1) Have chazge of the purchasing, rental and repair of all equipment and vehicles belong- ing to the department of public works. (2) Have chazge of the purchasing, rentai and repair of all other assigned city equipment. Sec. 6.07. Municipal engineering division. Within the department of pubiic works there shall be a municipal engineering division. Under the supervision of the city Engineer and director, the division shall: (1) Be responsible for the planning, design and construction of all assigned public works improvement projects. (2) Be responsible for the plaxuiing, design and construction of other assigned city improve- ment projects. (3) Be responsible for land surveying. (4) Be responsible for project management of all projects generated extemally from pub- lic works, hut involving more than one line division of the department of public works. 5ec. 6.08. Administration division. Within the department of public works, there shall be an administration division. Under the supervision of the city engineer and director, the division shall: (1) Be responsible for assisting line division managers in the preparation of their an- nual budgets. (2; Provide financial management information services to line division managers. (3) Provide personnel and general administra- tive services to line division managers. Chapter 7. Department of Community Services' Sec. 7.01. Department generally. (a? Department established There is hereby es- tablished an esecutive department of the City of Saint Paul to be known as the department of community services. The head of such depattment shall be the du'ector who, prior to such appoint- ment, shall possess such qual�cations as the coun- cil may by ordinance provide. The department of community services shall be organized into the divisions of libraries, parks and recreation, public health and housing and building code enforcement. (b) Department¢t functions. The department of community services shall be responsible for the administration and maintenance o£ all public li- braries and reading rooms; the administration and maintenance of parks, pazkways and play-' grounds,including the care and maintenance of trees and shrubbery on public lands; the organi- zation and programming of community recreation; the administration of public health programs, the en£orcement oF city housing and building codes. (e) Director, powers ¢nd duties. The director of the department of community services shali be appointed by the mayor with the consent of the council and shall be in the unclass�ed service o£ the city. The director shall be accountable to the mayor and, subject to his supervision and control, shall administer the affairs of the department. Iie shall have general authority and control over all departmental staff and shali oversee the proper fulfillment of all tasks and duties assigned to the department. He shall have the power to prescribe such rules and regulations as he deems necessary or eicpedient for the proper operation of the de- partment and to that end shall keep himself in- formed of the latest administrative practices. The director shall have the power and duty to take all personnel actions,including hiring, assigning and reassigning employees, including supervisory per- 'Editor's note—This chapter is derived from the followiag ordinances: ' Ord. No. Sec. Date Ord. No. Sec. Date 15174 — 8-23-72 16128 — 12-14-76 15582 — 3-13-14 17104 — 2- 7-84 15936 — 1- 6-76 17342 — 4-17-86 Supp. No. 2 2418 ;'^n j p^: i iy ' r`� 9 �.9 I>. i� 6 , " : R ; i i i; ,%° �� e . _ � a . . m. ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Council File # p�.. 1\ 9 0 Green Sheet # 62921 Committee Date 1 An Administrative Ordinance placing the position 2 tifled City Engineer in the unclassified service pursuant 3 to Section 12.032(I� of the Ciry of Saint Paul Charter. 4 TE� COUNCIL OF THE CITY OF SAINT PAi]L DOES ORDAIN: 10 11 12 13 14 Secrion 1. That it is appropriate and desirable to place the position ritled City Engineer in the unclassified service. Secrion 2. That pursuant to Section 12.03.2(I-n of the City Charter, such position shall be established in the unclassified service of the City of Saint Paul by ordinance with the consent of the Civil Service Commission. Section 3. That appoiniments to such position shall be made by the Director of the Deparhnent of Public Works and the appointee shall serve at the will and pleasure of the Director. Section 4. This ordinance shall take efFect and be in force 30 days from and after its passage and approval, including approval by the Civil Service Commission. lg Requested by Deparhnent of. � •' � � - . � �,_ ! � � �� ..0 ��.e. ��-'"'. , Form Approved by City Attomey By: � t '� �`�-�'3 � � � Adopuon Certifiad by Council Secretary � •..s ��. . � �.- �/� �� I��I%// ' � %//�/ Approved � By for Submission to Council Commis �vi�.� / Adopted by Council: Date �$ S 10 _� i �Sj D�AR�rr,�o�c��o�,�L: DA'rE�mn'r�n GREEN SAEET No.: 62921 p� - ��90 F3LIMAN RESOURCES 10-22-01 CONFACI' PERSOIV & PHONE: IlvmAl./nATE IIi117nLnA1'E JOHN HAMII.TON 266-6470 or JOHN 1 DEPARiMEll[ D �f�� s��o�. SHOCKLEY266-b482 ,��G�o zcvrwrront+er �''' �cirrccouc NUMB�FOR MOS[HEONCOUNCC�..AGEt1DA8Y(DA'[E) ROUTING 3ANANCfAL�RVDIR FINANQALSERV/ACCIG As soon as possible. °RD� 4MAYOR(ORASSIJ 6 CIV�.S�LVICECOb4dI5Si0N TOTAL R OF S[GNATURE PAGFS_1 (CLIY Ai:L IACATIONS FOR S7GNA'NRE) wcnoN �u:Qvesrcv: Request approval of an ordinance placing the position titled CiTy Engineer in the unclassified service pursuant to Secrion 12.03.2(Ei) of the City Charter. RECOM�fflII1A710NS: Approve (A) or Aejat (R) PERSONAL S6RVICE CONTRACLS MOS]' APISWER T9E FOLLOWINGQUESTIONS: I. HeaNuspawn/&mccwmkMimderem�maUforfhisdepmtlnrnt? _PLANNINGCOMId75SION Yu No _CBCOMMff17'EE 2. HaaUusPV%�dy^�everbemacitl'a^P�%a? CIVII,SERVICECOMI.IISSiON = Yu No . ' 3. Doea this P��✓f�� W�%aslall not`wrtnal�Y W�essed by mry c+amn �+lY �P�oYce� Yes No 4. Is flus yersoNfiem a targeted vmdoA ' Yes No EYqaio a11 yo answen on uperate sheet and aqac6 b green sheet INITFATING PROBLEM, ISSUE, OPPORI'UNI1'1 (Whq Wha4 �� ere, Why): The Department of Public Works, as a part of their succession planning process, has aecommended and requested that the position titled City Engineer be formally established in the unclassified service. Currenfly, tt3e Department has designated a senior registered engineer to serve in the capacity of "City Engineer" to relieve the D'uector of some of the technical engineering' leadership responsibilities of d'uectly supervising 14 engineering and support posifians, Also, this acrion is being taken because much of Minnesota law implies that cifies should appoint a"City Engineer." Severat State laws require the "City Engineer" to certify bridge inspections, provide estimates of completed work for municipal aid construction, provide records and inventories of bridges, provide reports and feasibility studies for street construction and money needs, and represent municipalities in dispute resolution boards, street disaster account boazds, street aid rules committees, and state aid fund screening boazds. The City of Saint Paul Administrative Code, in Chapter 6, implies that there is a"Cify Engineer." CurrenUy, the Director of Public Works is appointed by the Mayor and is not required ta be a registered engineer. The City position would be appointed by the Public 4Vorks Director and provide technical leadership assistance. ADVA[VTAGESIFAPPROVED: ` Approval ofthis ordinance will allow for the creation of an unctassified City Engineer position in the Deparhnent of Public Works. The City Engineer wiil be appointed by the Director of Public Works who will serve at the will and pleasure of the Director. The position will be appainted from a list of competent intemal candidates provided in accordance with the newly created Civil Engineer Competency Modeling Pilot Project. This selection system will provide the D'uector with a pool of candidates having the much needed technical leadership competencies, and the d'uect lrnowtedge of and experience with City Public Works opeiations. n�s,wvn�acss�anrrxovEV: _ _ �lnC�� E,'SE'�1`C� ,�,enteC None. � OCT � 0 2U01 DISADVANTAGES IF NOT APPROVED: � ' The D'uector of Public Works is not required to be a registered professionabengineer by th,e� State of Minnesota. The City . Administrarive Code and State law imply that there be a City Engineer to provide technical leadership to the ora nl�ation. The Public Works Director, who is a registered professionat engineer, and the team of Public Works employees working on succession planning have found that the City would be better served if there were two positions providing leadership to the Deparhnent; the Public Works Director to provide overall leadership of the Deparnnent, and the Ciry Engineer to provide the technical engineering leadership. TOTALeUiOUNTOFTRANSAC7'ION: mne COST/REVENUEBIIDGETED: FUNDING SOURCE: ACTIVITY NUMBER: F[NANCIAL INRORMAT[ON: (EXPLAI[� G:\Shared�IRCONIMOIS�SHOCKLEY�C7tyEng.ORD.GRNSHT.WPD � CLASSIFICATION AND COMPENSATION STUDY REPORT 01 �,�e�p POSITION STUDIED: INCL]iVIBENT: DATE STUDIED: Proposed City Engineer A1 Shetka (Interim) September Z001 Background The Department ofPublic Works has been going through extensive succession planning because of the pending retirements of more than 24 senior employees in the ne� two years. The results haue been some reorganization and restructuring of positions and the creation of new competency based classification systems for the engineering professional and technical job families. Also, one of the recommendations that came out of that planning process was that a City Engineer position be created. This was recommended because the cunent Director ofPublic Works has been serving as both the Duector and the City Engineer for the past 3 years. This has resulted in fourteen division managers and support staffbeing supervised directly by the Public Works Director. The current Director is a registered professional engineer which allows for the multiple roles of manager of a very large City department, technical leader, and provider of the duties of a municipal engineer as required under State law. This situation has provided the current D'uector with chailenging and stimulating leadership opportunities. However, this is not considered to be an oprimum organizationai structure. In 2002, it is possible that a new Director may be appointed. Since 1994, there has been no requirement that a Director ofPublic Works be a professional engineer registered by the State of Minnesota. The Department of Public Works has recentiy appointed an Assistant City Engineer, in a temporary, out of title capacity, to handle some of the duties normally associated with a city engineer. The Department has requested that the Office of Human Resources create a City Engineer position so that the position could bring some continuity oftechnical leadership to the Department, but yet allow a new Public Works Director flexibility in making appointments to the position. Studv Components Interview with Director ofPublic Works Interview with interim incumbent Review of proposed position description Comparisons with Public Works engineering management positions Review of legal requirements QES Analysis (Internal Job Evaluation) -1- APPROVAL OF DII2ECTOR OF HUMAN RESOURCES: Position Description O � -��qa The proposed City Engineer position will provide highiy responsible engineering and management work in planning, direcring, evaluating, and reviewing the civil engineering technical aspects of projects and operations of the Department of Public Works. Assistance will be provided to the Director of Public Works in the organization, adminisuation, and supervision of public works activities. Supervision of the position will be provided by Director of Public Works in the form of broad policy guidance and direction, as well as that provided by state and federal rules, regulations and policies, the City legislarive and administrative codes. The position will provide general, technical, and administrative supervision, as well as quality assurance, to all levels of professional, tecl�nical, labor, and administrative support personnel as assigned. Such supervision will be provided either directly, or through delegation to subordinate supervisors. The position will act as the administrative head of the Department of Public Works in the absence of the Director. The main duties of the position will be as follows: Provides oversight of all engineering work in connection with the preparation of surveys, pians, specifications, and cost estimates for public works projects, construction, and maintenance of streets, sewers, bridges, alleys, lighting, traffic control, and other public works facilities. Provides oversight of the development oftransportation, drainage, sewer, lighting, and related facilities, and coordinates their development with other municipalities and agencies. Advises the Public Works Director in the establishment of departmental and divisional goals, objectives, and priorities. Provides management and direction for assigned divisions and functions. Advises the mayor, the City Council, the Public Works Director, and other City officials regarding technical, engineering aspects of City programs and projects. Serves as the City of Saint Paul's primary engineering representative in official dealings with the State Commissioner of Transportation. Represents the Department of Public Works in official deatings with other governmental agencies and professional engineering associations. Provides assistance to the Public Works Director in the preparation and implementation ofthe budget for the 17epartment of Public Works include individual division budgets. Conducts management studies, long and short range planning and speciai projects as requested by the Public Works Director. -2- Comparisons to City of Saint Paul Positions ��`�� The duties and responsibilities of the proposed City Engineer position were compared with those ofthe Public Works Director which is in the unclassified service, the classified and vacant Associate Engineer, and the classified Assistant City Engineer class of positions. Director of Public Works This position is appointed by the Mayor with the consent of the City Council. There is no formal selection process. The minimum qualifications for the position aze set forth, by ordinance, in Chapter 21 of the Administrative Code. They are as follows: "The Director of The Department of Public Works shall have a bachelor's degree plus seven (7) years' of responsible experience in public administration involving planning, organizing, and budgeting." The Director ofPublic Works, like ail department heads, has been ass�gned to 37 of the Non-represented City Managers, Employee Group 17, Salary Ranges. That range is, cunently, between $83,361 and $114,045, annually. The incumbent has over 33 years of service with the City and has held the Director position on two separate occasions, for a totai of over six years. The incumbent is paid $107,897, annually. Associate City Engineer This class of positions, cunently has no incumbents. It has been vacant for several years. Positions that had been allocated to this class performed highly responsible administrative, engineering, and management work in planning, directing and evaluating the activities of a major division ofthe Department ofPublic Works. The duties described for positions within this ciass are similar to those described for the proposed City Engineer position, but they are limited in their scope to that of a major division of the Department. Positions in this class are required to have ten years of professional engineering experience and experience in managing at the section head level. Such positions require professional engineer registration by the State. This classification is assigned to grade 33 of the Saint Paul Supervisors Organization (SPSO) salary ranges. This salary range is currently $75,159 to $103,477 annually. SPSO is the only unit that has not agreed to new wage adjustments for 2001. So for comparison purposes the 2000 wages were adjusted upwards by 2.75% which is what most other units agreed to in 2001. Assistant City Engineer This class of positions has nine incumbents. These positions perform highly responsible engineering management work in planning, directing and evaluating the activiries of a division or unit engaged in the design, construction and/or operation of a public works system which involves complex engineering concepts. These positions aze the division managers, and large projecUprogram managers under the current organizational structure ofthe Department ofPublic Works. Positions in the class are required to have eight years of professional engineering experience and experience at the section head or program management level. Such positions are also require to have professionai engineer registration by the State. This classification is assigned to grade 30 of the Saint Paul Supervisors Organization (SPSO) salary ranges. The range currently is $69,099 to $95,046 annually. -3- Legal Requirements o � -\�qo A review of the City's Administrative Code revealed that in Chapter 6, which establishes/describes the Department ofPublic Works, revealed that the head ofthe department shall be the city engineer and director, who prior to appointment, shall possess such qualifications as the Council may, by ordinance, provide. Also revealed was that the city engineer and director shall be appointed by the mayor with the consent of the Council and shall be in the unclassified service of the City. Consequently, it appears that the Administrative code implies that, the Director of Public Works andlor the City Engineer were to be one and the same when this chapter was last amended in 1982. In 1994, the requirements for the Director were amended 'm Chapter 21 ofthe Administrative Code, which covers the qualifications for certain department heads by no longer requiring The Director ofPublic Works to be registered by the State as a professional engineer. A review of Minnesota Statutes revealed that there is no ta�v that specifically requires a City of the first class, such as Saint Paul, to appoint a City Engineer. However, there are several statutes that imply that cities should appoint a city engineer. For example, several laws provide duties for the "city engineer." Under Minnesota law, the "city engineer" is required to: certify bridge inspections [165.03], provide estimates of completed work for municipal state aid construction [162.10], provide records and inventories ofbridges [165.03], provide reports and feasibility studies for street construction and money needs [162.13], and represent municipalities in dispute resolution boards [162.02], street disaster account boards [162.12], street aid rules committees [162.09], and state aid fund screening boards[162.13}. Therefore, much of Minnesota Law appears based on the assumption that city engineer appointments do exist. Even communications from the Minnesota Department of Transportation are addressed to the "City Engineer." OES Analysis The QES analysis ofthis position supports assigning the proposed position grade 34, ofEmployee Group 17, Non-represented City Managers, Salary Schedule. Conclusions The Department of Public Works has deternuned, through a significant planning process, that the Department and the City would be better served, from a legal and a quality assurance standpoint if a City Engineer position were established. A review of the City Administrative Code and State statutes appeared to support the premise that a City Engineer position shouid exist. The administrative code irnplies that the City Engineer and the Public Works Director are the same position and are in the unclassified service. This position was to be appointed by the Mayor with the consent of the Council. The Public Works Director is no longer required to be a State registered professional engineer, so the position can no longer be the City Engineer unless a registered engineer is appointed Director. Under the cunent structure of the Public Works Department, having the Public Works Director take on both roles creates an inefficient span of control situation. The current management level Public Works engineering job family ciass specifications do not adequately describe the level of the duties, responsibilities, and competencies of the proposed position. These classes are also civil service classified positions. The � Administrative Code implies that the City Engineer should be in the unclassified service. ��_\\'�'� Recommendation It is recommended that position of City Engineer be created in the unclassified service in accordance with the provisions of 12.032(F3) of the City Charter. Also, it is recommended that such posirion he compensated 'm grade 34 of the Nonrepresented City Managers, Empioyee Crroup 17, 5alary Schedule. Additionaliy, it is recommended that the City Engineer be appointed by the Director ofPublic Works. Furthermore, it is recommended that Chapter 21 ofthe City Administrative Code be amended to include the minimum requirements for the City Engineer position. Those minimum requirements should include registration as a professional engineer by the State Of Minnesota and, at least, four years of experience as a registered professional engineer at the Assistant City Engineer or Civil Engineer IV level in Public Works. These requirements would correspond with the educarion and certification competencies set forth for positions ailocated to the Civil Engineer IV and Assistant City Engineer levels in the Competency Modeling Pilot Project for the Civil Engineer Job Family. It is further recommettded that the Pilot Project be amended ta include in the selection process the City Engineer. The 7ob Family Competency Matrix should be amended to include the competencies required of a City Engineer. The Public Works Director could then appoint a City Engineer from a list of Public Works Civil Engineer IVs and Assistant City Engineers deemed competent by the competency review panel established under the process set forth in the Pilot Project. This recommendation would allow for both an unclassified appointment, and continuity, in that the appointment would be made from a list of experienced State registered professionat engineers familiar with policies and procedures of the City Public Works Department, who have demonstrated the competencies necessary to successfully perform the work of the proposed position. It should be noted, that any City classified employees who accept appointment to the City Engineer unclassified position, would be considered to be on a leave of absence from their classified position. Such employees would be reinstated to their former position or an equal position upon ternunation of their unclassified appointment. G:GShared�HRCOMMON�SSfiOCKLEY�Ciry.Eng.�ptwpd -5- O� -\�°�o CTTY CHARTER 625. Terms shall be six (6) years, except that one of the three (3) members first appointed shall serve for a term of two (21 years and one for a term of four (4) years. All appointments shall be from among the qualified voters of the city who are in known sti�mpathy with the application of inerit principles to public emplo5ment. No member mati� hold any office or employment under the city. A member shall cease to be a member of the com- mission upon becoming a candidate for elective citp office. The council may, by administrative ordinance, pro�zde compensation and reimbursement oF expenses for the commissioners and establish a procedure for the appointment of alternates. Any member may be removed by the council for cause after a hearing. Proceedings for removal may be initiated by the mayor, the councii or the board of education. EdiYOr's note—SecUOn 12 02 amended by Ord No. 17494, C.F. S i-1094, adopted bq city council Sept. 22, 1987, pursuant to Mmnesota Statutes, Section 41012. Sec. 12A3. Classified and unclassified. Sec. 12.03.1. Civil service divisions. Tbe cicil service of the City of Saint Paul shall consist of the classified and unclassified service. Sec. 12.032. Unclassified service. The unclassi£ied ser��ice shall comprise: (Ai Elected officials. B) Heads of executive departmenta. (C) A secretary to the mayor. (D) The city attorney and deputy and assistant city attorneys, subject to Section 5.03. (E) The fire chief, and police chief, and per- sonnel director. (F) The city clerk. (G) Members of boards and commissions. (H) Such additional positions as shall be assigned by ordinance to the unclassified service, with the consent of the civil service com- r�::sion. Supp No.2 Sec. 12.03.3. G7assified service. § iz.oa.o2 The classified service shall include all other positions in the city service, including offices here- inafter created and not excluded therefrom. A11 classified employees shall enjoy the benefits and protection and be subject to the civil sercice rules and no permanent employee in the classified ser- vice shall be discharged except for cause and upon such hearing as the civil service rules or other law prescribe. Sec. 12.04. Duties of the civil service comnus- sion. Sec. 12.04.1. Hearing of grievances. The civil service rules shali include provisions establishing a formal procedure for the review of employee grievances not covered under labor agree- ments. After exhausting the formal grievance proce dure, the complaining employee may petition the civil service commission £or a hearing and the commission shall, within a reasonable time, con- duct a hearing at which all parties to the griev- ance or their representatives may be heard. The commission shal] have the power to issue sub- poenas and to administer oaths and to compel ±he attendance and testimon,y of witnesses and the production of books and papers relevant to the grievance. The commission may� make comp]aint to the district court of disobedience of its sub- poena or orders under this section. Following the hearing, the commission shall promptly rule on the grievance petition. Its decision shall have such binding effect as the civil service rules prescribP. (Ord. No. 17446, § 1, 4-2-87) Sec. 12.042. Studies. The commission shall make studies at the re- quest of the mayor or the council or the board of education of independent school district number 625 or on its own motion concerning the enforce- ment and effect of this chapter and the obser- vance of the provisions and the rules established hereunder. 19 a►-►��to § 5.05 ADbIINISTRATIVE CODE ment of cable communications services. The cable communications officer's duties and responsibili- ties shall include, but not be limited to, the following: (a} Serve as liaison between the eity, franehi- see, state and federal authorities con- cemed with cable communications; (b) Receive and investigate compiaints con- ceming the operation of the cable commu- nications system; (c) {d) (e) Assure franchisee's compliance with all applicable ordinances and laws and, upon determination of any violation of same, take all necessary and appropriate action to enforce the applicable law; Monitor the franchisee's performance and adherence to the terms of the franchise, including, but not limited to, construction schedule,installation policy,rates,opera- tional standards, maintenance, technical standards, system design, use of public ways, service continuity and the provision of support and facilities for access and community programming; Receive for review and evaluation ali data and reports required of the franchisee and, where appropriate, forwazd such data to interested or affected city departments; and (fl Make such recommendations and reports to the city council and mayor as may be deemed necessary to the regulation and development of the cable communications system. (C.F. No. 97-53, § 2, 2-12-97) See. 5.06. Risk and empioyee benefits man- agement division. Within the department of technology and man- agement services, there shall he a division of risk and employee benefits management. Under the supervision of the director,the division shall: (2) Identif}; measure, manage, and recom- mend fiuiding altematives for: a. AI1 city-wide loss control and safety programs designed to prevent and/or reduce loss of city resources, includ- ing employee and public safety, and property asset protection; b. City compliance with the Americans with Disahilities Act; c. Establish and administer all em- ployee and retiree benefit plans,in- cluding health caze benefits, life in- surance, disability insurance, dental insurance, employee assistance pm- grams, and other related benefit pro- grams; d. The city's unemployment compensa- tion program; e. The city's health promotian and ed- ucation program for employees and retirees in order to improve produc- tivity, contain health benefit costs, and reduce sick leave usage; E All city property/casualty risk azeas, ipcluding insurance purchase, con- tract review, retention limits, self insurance, recordkeeping and com- pliance procedures; g. The city's workers' compensation pro- gram, including retention iimits, claim investigation, claim settle- ment, recrordkeeping, cost allocation, complianee requirements, and a re- turn-to-work program; and h. The city's tort claims program, in- cluding retention levels, claim inves- tigation, claim settlements, recordkeeping, and efforts to reduce/ contain costs.. (2) Provide advice and assistance t'o the city's labor relations efforts on bargainabie is- sues related to the division's function. ' (C.F. No. 97-53, § 2, 2-12-97) See. 6.01. Department generally. ( , ere is hereby established an egecutive department of the City •Editor's not�This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; Ord. No. 16552, adopted Aug. 14, 1979; aad Ord. No. 16928, adopted Juae 2, 1982. Supp. No. 36 2416 oi-��1� GENERAL PROVISIONS of Saint Pavl to be known as the department of public works. The head oF such department shall be the city engineer and director, who, prior to such appointment, shall possess such qualifica- tions as the council may by ordinance provide. The department of public works shall be orga- ni� into the divisions of: streets and bridges, traffic and lighting, sewers and utilities, solid waste and energy, equipment services, municipal engineering, and administration. {b) Depattmenfal functions. The department of public works shall be responsible for the design, engineering, construction, operation and mainte- nance of the city's public works projects involving and including all streets, sidewalks, alleys, bridges, sewers, lighting systems, flood-control devices, ' solid waste collection, disposal and reclamatian systems, traffic-control devices, and the coordina- tian of placement of other facilities in the public ways, including gas, electric, steam and water. � � - �� 4Alu�-'d»°'�.�:IX�rFd4 *c�'4 `�^c&sv "row " �" �r:'4` R � � '�� . . . �.i II18II. mas:,t S 6T�� . �Q � �� . � �. or��,�� na sh�ii }u ;�,.zc,fio.� s . The city engineer and du�ector s�be to the mayor and, subjeet to hislher supervision and control, shall administer the affairs of the depart- ment. Hefshe shall have general authority and control over all departmental staff and shall over- see the proper fulfillment of all tasks and duties assigned to the department. Aelshe shall have the power to prescribe such rules and regulations as helshe deems necessary or expedient for the proper operation of the department and to that end shall keeg himself/herself informed of the latest admin- istrative practices. The city engineer and director shall have the power and the duty to take all personnel actions, including hiring, assia*+ing and reassigning empioyees, including supervisory per- sonnel, within hislher department and shall su- pervise their performance. Sec. 6.02. Division of streets and bridges. Within the department of public works, there shall be a division of streets and bridges. Under the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating to the design and engineering functions to be $ 6.02 performed by the department of public works, involving streets, alleys, sidewalks and bridges. (2) Have chazge of all matters relating to the construction of pubiic warks' street and bridge projects inciuding inspecting, ad- vising and approving the construction of all such works. (3) Have chazge of the preparation and main- tenance of the city's records dealing with Supp. I�TO. 36 2416.1 o, - � l�o GENERAL PROVISIONS 4 6-06 streets, bridges and other public ways lo- related structiu�al projects, including inspe��t- cated within the city limits. ing, advising and approving the construc- (4} Be responsible for the maintenance of all tion of all such works, ezcept waterworks. pubIic streets, sidewalks, alleps and bridges. (3) Supervise the placement of all utilities in (5) Be responsible for the control and usage of the pubiic streets or other public property, alt public stxeets, sidewalks, alleps and �cluding water, gas, steam, electric, tele- bridges. phone and cable television. Sec. 6.03. IJivision of traffic and lighting. Within the department of public works, there shall be a division of traffic and lighting. Under the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating to the design and engineering functions to be per- formed by the department of pubiic works involving tr�c control and lighting. (2) Have charge of all matters relating to the construction of public works' tr�ccontrol devices and lighting projects, including in- speetion, advising and approving the con- struction of all such cvorks. (3) Be responsible for the design of all neces- sary tr�c regulatory devices and signals. (4) Be responsible for the operation and main- tenance of ali necessary tr�c regulatory devices and signals. (5) Be responsible for the operation and main- tenance of the city's street and alley light- ing systems. (6) Be responsible for the control and usage of aIl parts of the tr�c-control system. Sea 6.04. Division of sewers and utilities. Within the department of public works, there shail be a division of sewers and utilities. Ilnder the supervision of the city engineer and director, the division shall: (1) Have charge of all matters relating ta the design and engineering functions to be per- formed by the department of public works, involving sewers, flood controi and drainage. (2) Have charge of all matters relating to the construction of public works' sewers and 3upp. No. 2 (4) Be responsible for the maintenance of all public aewers and other drainage facilities. (5) Be responsible for the control and usage of all public sewers and other drAj�e facilities. (6) Be responsible for the physical inspection and maintenance of floodcontrol devices. (7) Implement flood-eontrol measures in coop- eration with the emergency preparedness functions of the city and of other govern- mental agencies. , 3ea 6.05. Division of solid waste and energy. Within the department o£ public works, there shall be a division of solid waste and energy. Under the supervision of the city engineer and director, the division shall: (1) Provide for a municipal solid waste coliec- tion and disposal system and establish bill- ing proceduresstherefor. (2) Regulate the private collection and removal of solid waste and assist in the enforcement of all laws governing the storage, removal and handling of such solid waste within the city. (3) Coordinate and administer any assigned duties invdlved in the planning, construc- tion and maintenance of solid waste dis- posal or resource reclamation facilities in- clnding cogeneration facilities or other energy-producing facilities. Sec. 6.06. Equipment aervices division. Within the department of public works, there shall be an equipment services division. Under the supervision of the city engineer and director, the division shall: 2417 o�-��co � s.os � s u.1� yY: t M�1 � t (1) Have chazge of the purchasing, rental and repair of all equipment and vehicles belong- ing to the department of public works. (2) Have chazge of the purchasing, rentai and repair of all other assigned city equipment. Sec. 6.07. Municipal engineering division. Within the department of pubiic works there shall be a municipal engineering division. Under the supervision of the city Engineer and director, the division shall: (1) Be responsible for the planning, design and construction of all assigned public works improvement projects. (2) Be responsible for the plaxuiing, design and construction of other assigned city improve- ment projects. (3) Be responsible for land surveying. (4) Be responsible for project management of all projects generated extemally from pub- lic works, hut involving more than one line division of the department of public works. 5ec. 6.08. Administration division. Within the department of public works, there shall be an administration division. Under the supervision of the city engineer and director, the division shall: (1) Be responsible for assisting line division managers in the preparation of their an- nual budgets. (2; Provide financial management information services to line division managers. (3) Provide personnel and general administra- tive services to line division managers. Chapter 7. Department of Community Services' Sec. 7.01. Department generally. (a? Department established There is hereby es- tablished an esecutive department of the City of Saint Paul to be known as the department of community services. The head of such depattment shall be the du'ector who, prior to such appoint- ment, shall possess such qual�cations as the coun- cil may by ordinance provide. The department of community services shall be organized into the divisions of libraries, parks and recreation, public health and housing and building code enforcement. (b) Department¢t functions. The department of community services shall be responsible for the administration and maintenance o£ all public li- braries and reading rooms; the administration and maintenance of parks, pazkways and play-' grounds,including the care and maintenance of trees and shrubbery on public lands; the organi- zation and programming of community recreation; the administration of public health programs, the en£orcement oF city housing and building codes. (e) Director, powers ¢nd duties. The director of the department of community services shali be appointed by the mayor with the consent of the council and shall be in the unclass�ed service o£ the city. The director shall be accountable to the mayor and, subject to his supervision and control, shall administer the affairs of the department. Iie shall have general authority and control over all departmental staff and shali oversee the proper fulfillment of all tasks and duties assigned to the department. He shall have the power to prescribe such rules and regulations as he deems necessary or eicpedient for the proper operation of the de- partment and to that end shall keep himself in- formed of the latest administrative practices. The director shall have the power and duty to take all personnel actions,including hiring, assigning and reassigning employees, including supervisory per- 'Editor's note—This chapter is derived from the followiag ordinances: ' Ord. No. Sec. Date Ord. No. Sec. Date 15174 — 8-23-72 16128 — 12-14-76 15582 — 3-13-14 17104 — 2- 7-84 15936 — 1- 6-76 17342 — 4-17-86 Supp. No. 2 2418