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94-1060 Council File # g lb(oa ' . 0 i L .2 VQ? Green Sheet # • RESOLUTION l9 w SAINT PAUL, MIN ESOTA Presented By NI. TSF Referred To # Committee: Date 1 RESOLVED, that the Counc4 of the City of Saint Paul hereby approves and I 2 ratifies the attached Agreement between the Independent School District No. 625 1 3 and the International Union of Operating Engineers, Local No. 70 and the American 4 Federation of State, County and Municipal Employees, Council No. 14, as approved 5 and adopted by the Board of Eduction of Independent School District No. 625 6 on April 19, 1994. 1 Yew N ays Ab-ent - e Glixey Requested by Department of: E Grimm I Guerzn V Offi e of Huma -sources Barris _— —17 d xet2man ✓ By: fey. M une If s t LT Adopted by Council: Date 3 1°1a Fo ved by City Attorney Adoption Certified by Council Secretary • • By. _ By , , ■' -- Approved b fayor: i� App • , i by M r f Su issio o Co cil By. , . _..A..LAii_ BY dif A Ali Z DEPARTMENT/OFFICE/COUNCIL DAIS: INITIATED N °_ 2 8 " 4 9 REEN cAdt =ir aflPi Resources 6- 4-94 GTETT INITIAL/DATE ('�'� --^ DEPARTMENT DIRECTOR F 1 CITY COUNCIL LeeAnn Turchin 266 -6470 ate+ CITYATTORNEY ECITYCLERK Mtt�etElt F4R MUST BE ON COUNCIL AGENDA BY (DATE) RorTea, BUDGET DIRECTOR D FIN. & MGT. SERVICES DIR. OMER Q s MAYOR (OR ASSISTMYT) CIVIL ,Sig r i s ;v _ I( June , 199a TOTAL # OF SIGNATURE PAGES _ 1 (CUP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: This resolution approves the attachee Memorandum of Agreement between the Independent School .District No. 625 and the International Union of Operating Engineers, Local No.70 and the American Federation of State, County, and Municipal Employees, Council 14. RECOMMENDATIONS: APp Ye (Ai ur Reis° (R) IERSONAL SERVICE CONTRACTS MUST ANSWER 774E FOLLOWING QUESTIONS: _ PLANNING COMMISSION A CIVIL SERVICE COMMISSION 1 Was this Person/firm ever worked Oder a contract tor this department? _ COMMITTEE A Bd of Ed.I 625 YES NO STAFF A ITJOE Local Ho . 70 Has this person/firm ever been a Mt/ employee? YES NO _ DISTRICTCOURT A AESC11' (*Intl t 14 Dose - thts person/fI m possess a - skin not normally possessed by any current city.mpiov SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO �cPialn alt yes answers on separate shy and attach to grssn shoot IN MATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why Please see attached: "Initiating Problem and Opportunity" ADVANTAGES IF APPROVED: 1. All known persons who might reasfnably claim a right to be tested and consider* for employment in this title are accrmmodated. *ler 2. Very complex litigaton is avoidei 3. Complex dispute is resolved with.ut cost to the City, �' 4. Fifty plus positions are filled 1y regular appointment. / 5. An early examination can be expeited for additional positions. DISADVANTAGES IF APPROVED: 1. None known to the parties, or to.City Office of Human Resources. JUL201994 DISADVANTAGES IF NOT APPROVED: 1. Complex litigation involving the City Office of Human Resources.a certainty. 2. Fifty plus jobs remain covered for uncertain futV`re time on a temporary basis, with number of temporary employe.es increasing steadily. TOTAL AMOUNT OF TRANSACTION $ No cost to City COST /REVENUE BUDGETED (CIRCLE ONE) YES NO II / A FUNDING SOURCE ACTIVITY NUMBER 13/� FINANCIAL INFORMATION: (EXPLAIN) matter I^re borne b Inde•en•ent School District No. 625. City of Saint Paul City Council Investigation and Research Center Suite 310, City Hall Saint Paul, MN 55102 612 266 -8564 INTER - DEPARTMENTAL MEMORANDUM RECEIVED DATE: August 8, 1994 AUG 2 9 1994 TO: Joan Jeffrey CITY CLERK FROM: Nancy Anderson SUBJECT: City Council Resolution No. 94 -1060 I am forwarding to you the original resolution (and support information) - Council File 94- 1060, adopted on August 3, 1994, for Civil Service Commission approval (it has not been signed by the Mayor). If you have any questions, please contact me at 266 -8564. Thanks. Attachment - 1 Council File cc: Fran Swanson, City Clerk's Office 9y - -I0 CIVIL SERVICE COMMISSION Harry Gaston, Chair William Bader, Commissioner SAINT P A U L CITY OF SAINT PAUL 230 City Hall Annex 04t Norm Coleman, Mayor 24 W. Fourth Street Saint Pain Minnesota 55102 • \, Milk G`' j V t August 9, 1994 Mayor Norm Coleman 1 390 City Hall St. Paul, MN. 55102 Members of the City Council 3rd Floor, City Hall St. Paul, MN. 55102 Greg Filice, Chair Board of Education, I.S.D4 625 360 Colborne St. Paul, MN. 55102 RE: Facility Service Worker Council File 94 -106¢ Dear Mayor Coleman, Chairl•ilice, Members of the City Council and of the Board of Education; The Civil Service Commiss has been asked to review a resolution and attached contracts whi h resolve a nearly seven year old matter dealing with what has bec me to be known as the facility service worker job title. Over the past approximately 18 months the Civil Service Commission has ben involved in at least two hearings involving this matter, and we have generally been very disappointed with the positions taken b`y the various participants in this saga. We have now been asked toreview these documents and approve what can best be labeled a se4lement. The Civil Service Commission has been loudly proclaiming several basic points throughout this matter. Our concerns center on our strong belief in the me it selection principles which are the foundation of the civil ervice system and the roots from which grows a public trust in t e fairness of public employment hiring practices . We have b n very disappointed at the seeming willingness to ignore merit selection principles by all the parties involved in this matter. It seems that time and again these principles have been castaside under the guise of expediency, or as a claimed attempt to prttect loyal employees. The Civil Service Commission has not accept d these assertions in the past, and we cy c,0 urge you to conduct the bu iness of personnel management within the City and the School system in conformity with the highest principles. The Commission urges you o take all steps necessary to eliminate the use of temporary em loyees. Too often such actions are attempts to engage in ne otism or favoritism, and seldom are of long term benefit to the blic. Civil Service rules are designed to prevent the retention of temporary employees for a number of reasons. There are no merit principles required in the hiring of temporary employees. There are no affirmative action requirements in the selection of tempo ary employees. Much too often temporary employees are used as chap expendable labor who do not receive even rudimentary benefits and are an easy solution to management inaction. Retention of temporary employees beyond six months should be the rare excep ion rather than commonplace. Actions which extend employment b yond the six months does a disservice to the person in the positio who is often strung along with promises of a better future, as well as being a disservice to the general population which does not ave the opportunity to compete for a job nor the assurance that pubic workers have been selected in an open process. A recurring argument presented that a labor agreement can negate Civil Service rules and City Charter provisions. We wish to reiterate the position we took in this matter before the Minnesota Court of Appeals. We OD not believe that a negotiated labor agreement between a unio and a public employer can be legally binding if the effect of t at agreement is a violation of the merit selection principles cont fined in a City Charter. We were stunned when Local 70 and the hool District made such an argument, particularly since it wa based on such a loosely executed and poorly thought out documeit. However, we do understand the need to resolve this matter. We do appreciate the effort tha has gone into developing a resolution that protects the peopl who have been involved in the past, protects the general publ c, and does so with little or no damage to the requirements of good personnel management. We realize that this has been a learning experience of the parties involved, and fully expect that the future will not result in a repetition of these matters. With these thoughts we hereby approve Resolution C.F. 94 -1060. Since ely, "L A Y - ' '..161 " a ' 1-- Harry G. ton r William Bader Chair 1 Commissioner ,,,ti j i ✓!� / o k ) •••erta Tay or Booker Alternate .' 9" c/ -1 lQ GREEN SHEET ADDENDA Initiating Problem and Opportunity: The matter which is resolved by the subject Memorandum of Agreement began approximately seven (7) year ago, when recommendations included in the City's original (pay equity /comparabl worth) job study were compatible with the City's needs for custodial service clas ifications, but were not compatible with School District needs. A long period (two or th ee years) of discussion between the City and the District was accompanied and followe by negotiation between the District and International Union of Operating Engineers, ocal No. 70, the exclusive representative for custodial service classifications in the District. These discussions eventually led to the restructuring of the custodial rvice classifications and creation of the new Facility Services Worker classification. During that time and following, the District had requested and the City Office of Human Resources had allowed, extension of temporary employment for a number of persons in the custodial service, intending simply to cover vacant positions on a temporary basis until Civil Service examinations could be offered. . I A dispute arose when Internatio al Union of Operating Engineers, Local No. 70 and the District sought an equal oppo tunity for testing and appointment for the long -term temporaries; the challenge raise by American Federation of State, County and Municipal Employees and certain individu -Is resulted in a deadlocked conflict related to the virtual exclusion of the long -term tem•orary employees from opportunity for appointment in favor of promotion applicants hose City/District service was almost entirely unrelated to the job. The issues were ••mplex. Two unions were involved- -one in negotiated agreement with the District and the other challenging. Litigation occurred twice before the Civil Service Commission an • once before the Minnesota Court of Appeals and further litigation was being drafted. Resolution by agreement beca e a reality because the District had sufficient vacancies in the Facility Services Worker title, and the District was willing to open the possibility of employment in the new title to all known persons who had raised a challenge or a claim (largely represented by American Federation of State, County and Municipal Employees), or might reasona ly do so, and to the employees who had worked in temporary status for two years r more by December 31, 1993. City of Saint Paul City Council Investigation and Research Center Suite 310, City Hall Saint Paul, MN 55102 612 266 -8564 INTER- DEPARTMENTAL MEMORANDUM DATE: August 17, 1994 El OTC TO: Mayor Norm Colem RECEIVED 4UG1 AUG 2 9 1994 FROM: Nancy Anderson I ' 1994 �� � CITY CLERK SUBJECT: Mayor's Approval - sity Council File The attached City Council file, which was adopted at the August 3, 1994, City Council Meeting is being submitted to you for your approval. v' C.F. 94 -1060 After adoption of this resolution the Council, this Council File 94 -1060 was forwarded to the Civil Service Commission fo their approval. (See correspondence from Civil Service Commission attached). This resolu ion was returned to Council Research yesterday (August 16). Please return to me when you have signed the Council File. Thanks. NA Attachment: 1 Council File and Documentation