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97-736� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Council File # �_ �� Green Sheet # �� ` RESOLUTION CI Y O AINT P , OTA �O \ "� Committee: Date RESOLVED, that the City Council of the Ciry of Saint Pau1 hereby approves the attached 1997 Memorandum of Understanding between the Ciry of Saint Paul, AFSCME Council 14, I.ocals 2508 and 1842, the Professional Employees Association, the Saint Paul Supervisors Orgaiuzation and the IUOE, Local 7�, relating to the implementation of the Joint Powers Agreement between the City and Ramsey Counry for public health services. FURTHER RESOLVED, the appropriate Ciry officials are hereby authorized to sign this Memarandum of Understanding on behalf of the City. •-. - -. . .-._ - . i II%� , • ,I �� • � � � �� %�: i/ / Adopted by Council: Date 5 �� Adoption Certified by Council Secretary ay Approved by Mayor: Date sy: \/ ' �� Form Approved by City Attorney BY: ��-��_ �—�.�" 6�Si�a- Approved by Mayor £or Submission to Council < Ey: � ��.�,�y �EPAN11dENTAOFFICEICOUNCiI DATE INITIATED �� Ma office 6/5/97 GREEN SHEE CONTACT PERSON & PHONE INRIAUDATE INfTIAVOATE Peter Hames, 266-8540 O DEPpRTMENT DIRECfOR � GITV COUNCIL ASSIGN O CRY ATSOfiNEY � GRY CLEA% NUMBEHFOB MUS"{ � QI:(.pOUNCIL AGENDA BY (DATE) p0U71NG � BUDGET DIqECTO � FIN. & MGT. SEFVICES DIR. A AY ONOEN O MqYOR (Ofl ASSISTANn Q SOTAL # OF SIGNATURE PAGES (CIIP ALL IOCATION5 FOR SIGMATUR� A ` T �ppiove attached Memoraudum of Understanding by and between the City, AFSCME Council 14, Locals 2508 and 1842, PEA, SPSO, AND NOE, Local 70 regazding personnel issues related to the Joint Powers Agreement covering Saint Paul and Ramsey County Public Health Departments. RECOMMEN�ATIONS: Approve (A) or Reject (R) PEp50NAL SERVICE CONTRACTS MUST ANSWER 7HE FOLLOWING �VESTIONS: _ PLANNING COMMISSION _ CIVIL SEflVICE CAMMISSION 1. Has this persoMrm ever worked untle� a coMract for this tlepartment? � CIB COMMITTEE _ �'ES NO _ S7AFF 2. Has thiS pefSONfirtn ev0f been e Ciry BmplOyee? — YES NO _ DISTRIC7 COURT _ 3. Does Mis person/Firm possess a skill not normally possessetl 6y any curtent ciry employea? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sFeet and attach to green sheet INITIATING PROBLEM, ISSUE.OPPQRTUNIN(Who. What, Whan, Where, Why): The City, Ramsey County and the above bargaining units haue met on many occasions and negotiated a settlement of all personnel issues related to the Joint Powers Agreement. This is the fmal approval of the agreement reached between the parties. ADVANTAGES IF APPROVED: Resolves personnel issues related to the implementation of the Joint Powers Agreement between the City and Ramsey County. OISADVANTAGES IF APPROVED: None �� DISADVANTAGES IF NOT APPROVED: � - -- - � "__!-� There will be no agreement with the City and its bargaining units regazding the Joint Powers Agreement. TOTAL AMOUN7 OF 7RANSAC710N g See agreement for particulazs COST/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAL INFORASATION: (EXPLAIN) ��-�'�� Apri117,1997 1997 MEMORANDUM OF UNDERSTANDING City of Saint Paul Division of Public Health Ramsey County Department of Public Health Agreements Related to Personnel and Labor Relations Issues This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between the City of Saint Paul (hereinafter "City"), AFSCME Council No. 14, its City Locals 1842 and 2508 (hereinafter "City Locals"), Professional Employees Association (hereinafter "PEA - City"), Saint Paul Supervisors Organization (hereinafter "SPSO - City"), and the Intemational Union of Operating Engineers, Loca170 (hereinafter "Loca170 - City") as a result of discussions leading to resolufion of personnel and labor issues concerning employees of the Saint Paul Division of Public Health (hereinafter "SPPH") and Ramsey County Deparhnent of Public Health (hereina$er ; � "RCDPH") affected by the 7oint Powers Agreement between the City of Saint Paui and the County of Ramsey for Public Health Services (hereinafter °JPA") adopted by the City Council and County Board in December, 1996. The JPA results in joint provision of public health services, wherein SPPH and RCDPH are each designated the agent for the other body with respect to the delivery of specified public health services, commencing on or after 7uly 1, 1997. Employees who hold positions in SPPH or RCDPH on July 1, 1497, shall be the sole beneficiaries of the provisions of this MOU, except that the parties to this MOU may amend its terms by the written mutual consent of the affected employer(s) and the affected union(s) for employees whose positions remain in represented bazgaining units. The parties hereto agree that their respective Collective Batgaining Agreements (hereinafter "CBA" or "CBAs") are hereby amended and/or � superseded by the addition of the following terms. � �'l�l-�31� I. DEFINITION SECTION A, Department - The combined City-County public health department as of July 1, 1997, and further described in the JPA. B. Department Empioyees - Employees of the combined City-CounTy public health department as of July 1, 1997, and further described in the JPA. C. Same or Equivalent Classes - Classes that are determined by Ramsey County Personnel Department to be same or similaz within the Department. D. RCDPH Employees - County employees working in the Department on or after July i, 1997. E. SPPH Employees - City employees working in the Department on or after July 1, 1997. II. THE PARTIES TO THIS AGREEMENT AGREE A5 FOLLOWS: A. LAYOFF AND 12EINSTATEMENT 1. Layoff - In the event that a SPPH Employee to be laid off is the least senior employee in the Department, and has exhausted all bumping options in the Department, the employee may elect to take a vacancy in other Cit7 departments in the same class, or, if no vacancies e�st, may elect to bump the least senior City employee in the same class citywide. This citywide bumping right shall not be applicable to such positions unless already provided for in the CBA covering the position to be bumped. 2. Seniority Exception - SPPH Employees who have accrued seniority in the City in excess of 27 yeazs of total service, and who aze ineligible for combined seniority credit in the Departrnent, shall be appointed to a compazable technical City posifion based on the type of 7 �� position held at the time of layoff, if they aze laid off prior to July 1, 2007. The classification seniority accrued in the last class served, shall be credited to the new classification assumed. If layoff occurs beyond July 1, 2007, the employee's seniority shall be solely detemuned by application of the receiving bargaining unit's CBA. 3. Reinstatement Rights - Reinstatement rights of Department employees shall follow the applicable city or county CBAs with respect to duration. B. FILLING POSITIONS 1. Non-Supervisory Promotions - Vacant non-supervisory positions in SPPH shall first be filled by promotion of qualified SPPH employees who aze employees of the SPPH as of Ju1y 1, 1997. The employment process specified in City Civil Service Rules and any applicable City CBA will be followed. If the position is not filied by this means, it will then become a RCDPH position and be filled in accordance with County procedures. 2. Supervisory Positions - City ar County supervisory positions in the Department that become vacant after July 1, 1997, shall transfer to the County and be filled in accordance with the provisions of the County's Personnel Act and/or its related policies. C. BENEFITS 1. Vacation Accrual - SPPH Employees who remain City employees after July l, 1997, shall receive vacation benefits provided in the applicable City CBA or personnel rules up until the time they choose to transfer or promote into the County system in the Department. 2. Vacation Carryover - SPPH Employees who become RCDPH employees in the Department shall be paid the balance of any accrued vacation in excess of 120 hours by the City. � 3. Sick Leave Accrual - SPPH Employees who remain City employees after July l, 1997, shall receive sick leave benefits provided in the applicable City CBA or Civil Service Rules, up until the tnne they choose to transfer or promote into the County system within the Department. 4. Sick Leave Carryover - SPPH Employees who become RCDPH Employees may carry over all accrued sick leave to the County at the time they become County employees, unless they have opted for a lesser amount of carryover under the Severance Payout provision below. 5. Severance Payout - SPPH Employees, who are eligible under their City CBA for a severance payout and become RCDPH Employees may elect, at the tune they become RCDPH employees, to cash in a11 or part of their accrued sick leave up to the maximum allowable under the terms of the CBA, with the balance to be carried over as accrued sick leave to the County. 6. City Retirement and Insurance - SPPH Employees who elect to remain City employees after July 1, 1997, shall continue to receive health, retirement, and other insurance benefits provided for in their applicable City CBA and City insurance plan, up until the time they choose to transfer or promote into the County system in the Department. Compensatory Time - SPPH Employees who become RCDPH Employees sha11 be paid for their accrued compensatory time by the City at the time they become County Employees. D. 9CHEDULING l. Overtime - Overtime in the Deparhnent shall be based on the Personnel Rules or CBA applicable to the employees who aze assigned to perform the work, with equal distribution where practicable. � G� �3� 2. Weekends and Evenings - Weekend and evening work assignments shall be by work unit and evenly assigned were pracricable. 3. Vacafion - Where seniority affects vacation scheduling, combined SPPH and RCDPH seniority by work unit shall be used. E. CONTRACT ADMINISTRATION 1. Adherence to Awards and Settlements - Disputes over adherence to contracts, awards, and settlements shall be settled under the applicable contract. 2. Department Head - Where CBAs reference the employee's department head, that person will be the Director of the Department. 3. Grievances - Grievances will be processed under the contract applicable to the affected employee. A County employee supervising City employees will apply the appropriate City contract or Civil Service Rules to determine terms and conditions of employment, and the method of processing grievances. Similazly, a City employee supervising County employees will apply the appropriate Gounty contract or Personnel Rules. 4. Organizational Structure - The County will deternune the organizational structure and chain of command in the combined department and communicate it to affected employees. F. ADVISORY COMMITTEE The City agrees to support amending existing resolutions to expand the Committee membership from 21 to 23 members by adding two labor representatives, who have public health experience, one from the County and one from the City. � �� G. CHANGE5 TO THE JOINT POWERS AGREEMENT In the event the parties to the JPA begin acrion to change the JPA, the City agrees to meet and confer with the County and the affected bazgaiuing units over personnel and labor issues affecting employees in the Deparlment. The City agrees that 90 days notice of acrion to change will be given. If the City Council and County Boazd adopt changes in the 7PA affecting terms and conditions of employment of employees in the Department, the affected unions may exercise their statutory right to collectively bargain over the effects of the decision prior to unplementation. H. DATA PRACTICES Personnel data shall be shared between City and County employees only in accordance with the Minnesota Government Data Practices Act. I. CODE ENFORCEMENT POSITIONS In the event that the City Locals desire to resolve concems over seniority rights held by Code Enforcement employees not included in the Depaflment on July 1, 1997, the City agrees to meet in good faith and attempt to reach agreement. J. RESIDENCY SPPH Employees who become RCDPH Employees aze not subject to the City's residency requirement. K. NOPI-PRECEDENT SETTING It is agreed by all parties to this MOU that the terms and conditions specified herein aze unique, apply only to this combining of SPPH and RCDPH, and shall not be construed to establish a precedent for any future consolidation, combining or merging of services or units of govemment between the City ar the County or any other employer, public or private. Some of the terms herein �`l=�t,3b are granted solely because services combined were not dupiicafive of services performed by the City or County. L. DURATION The parties agree that this MOU shall be in full force and effect from 7uly 1, 1997, through June 30, 2000, and shall be automatically renewed for a period of two addifional yeazs on that latter date to run concurrent with the term of the initial JPA. Thereafter, this MOU will automatically renew for an additional ttiree yeaz and two yeaz term, unless written notice of intent not to renew is provided by any of the parties to the others, at least ninety days prior to June 30, 2002. ON BEI3ALF OR THE BARGAINING UNITS: r 0 AFSCME C cil 14 L a12508, President S�! Y'�Y�_��-� �� AFSCME Council 14 Loca12508, Business Agent Saint Paul Professional E loyee Association, P esident S' t Paul5uperv' rs' Organization, resident ON BEHALF OF THE CITY OF SAINT PAUL: Mayor C�.-\�_. Q . �.�.. AFSCME Council 14 Local 1842, President CM o ill oca11842, Busines Agent � �� I , Loca170 % G Approved as to form: �� `�� Deputy City Attorney (�(e�'y�. 7 a��3� Director of Finance Services Director, City Labor Relations � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Council File # �_ �� Green Sheet # �� ` RESOLUTION CI Y O AINT P , OTA �O \ "� Committee: Date RESOLVED, that the City Council of the Ciry of Saint Pau1 hereby approves the attached 1997 Memorandum of Understanding between the Ciry of Saint Paul, AFSCME Council 14, I.ocals 2508 and 1842, the Professional Employees Association, the Saint Paul Supervisors Orgaiuzation and the IUOE, Local 7�, relating to the implementation of the Joint Powers Agreement between the City and Ramsey Counry for public health services. FURTHER RESOLVED, the appropriate Ciry officials are hereby authorized to sign this Memarandum of Understanding on behalf of the City. •-. - -. . .-._ - . i II%� , • ,I �� • � � � �� %�: i/ / Adopted by Council: Date 5 �� Adoption Certified by Council Secretary ay Approved by Mayor: Date sy: \/ ' �� Form Approved by City Attorney BY: ��-��_ �—�.�" 6�Si�a- Approved by Mayor £or Submission to Council < Ey: � ��.�,�y �EPAN11dENTAOFFICEICOUNCiI DATE INITIATED �� Ma office 6/5/97 GREEN SHEE CONTACT PERSON & PHONE INRIAUDATE INfTIAVOATE Peter Hames, 266-8540 O DEPpRTMENT DIRECfOR � GITV COUNCIL ASSIGN O CRY ATSOfiNEY � GRY CLEA% NUMBEHFOB MUS"{ � QI:(.pOUNCIL AGENDA BY (DATE) p0U71NG � BUDGET DIqECTO � FIN. & MGT. SEFVICES DIR. A AY ONOEN O MqYOR (Ofl ASSISTANn Q SOTAL # OF SIGNATURE PAGES (CIIP ALL IOCATION5 FOR SIGMATUR� A ` T �ppiove attached Memoraudum of Understanding by and between the City, AFSCME Council 14, Locals 2508 and 1842, PEA, SPSO, AND NOE, Local 70 regazding personnel issues related to the Joint Powers Agreement covering Saint Paul and Ramsey County Public Health Departments. RECOMMEN�ATIONS: Approve (A) or Reject (R) PEp50NAL SERVICE CONTRACTS MUST ANSWER 7HE FOLLOWING �VESTIONS: _ PLANNING COMMISSION _ CIVIL SEflVICE CAMMISSION 1. Has this persoMrm ever worked untle� a coMract for this tlepartment? � CIB COMMITTEE _ �'ES NO _ S7AFF 2. Has thiS pefSONfirtn ev0f been e Ciry BmplOyee? — YES NO _ DISTRIC7 COURT _ 3. Does Mis person/Firm possess a skill not normally possessetl 6y any curtent ciry employea? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sFeet and attach to green sheet INITIATING PROBLEM, ISSUE.OPPQRTUNIN(Who. What, Whan, Where, Why): The City, Ramsey County and the above bargaining units haue met on many occasions and negotiated a settlement of all personnel issues related to the Joint Powers Agreement. This is the fmal approval of the agreement reached between the parties. ADVANTAGES IF APPROVED: Resolves personnel issues related to the implementation of the Joint Powers Agreement between the City and Ramsey County. OISADVANTAGES IF APPROVED: None �� DISADVANTAGES IF NOT APPROVED: � - -- - � "__!-� There will be no agreement with the City and its bargaining units regazding the Joint Powers Agreement. TOTAL AMOUN7 OF 7RANSAC710N g See agreement for particulazs COST/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAL INFORASATION: (EXPLAIN) ��-�'�� Apri117,1997 1997 MEMORANDUM OF UNDERSTANDING City of Saint Paul Division of Public Health Ramsey County Department of Public Health Agreements Related to Personnel and Labor Relations Issues This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between the City of Saint Paul (hereinafter "City"), AFSCME Council No. 14, its City Locals 1842 and 2508 (hereinafter "City Locals"), Professional Employees Association (hereinafter "PEA - City"), Saint Paul Supervisors Organization (hereinafter "SPSO - City"), and the Intemational Union of Operating Engineers, Loca170 (hereinafter "Loca170 - City") as a result of discussions leading to resolufion of personnel and labor issues concerning employees of the Saint Paul Division of Public Health (hereinafter "SPPH") and Ramsey County Deparhnent of Public Health (hereina$er ; � "RCDPH") affected by the 7oint Powers Agreement between the City of Saint Paui and the County of Ramsey for Public Health Services (hereinafter °JPA") adopted by the City Council and County Board in December, 1996. The JPA results in joint provision of public health services, wherein SPPH and RCDPH are each designated the agent for the other body with respect to the delivery of specified public health services, commencing on or after 7uly 1, 1997. Employees who hold positions in SPPH or RCDPH on July 1, 1497, shall be the sole beneficiaries of the provisions of this MOU, except that the parties to this MOU may amend its terms by the written mutual consent of the affected employer(s) and the affected union(s) for employees whose positions remain in represented bazgaining units. The parties hereto agree that their respective Collective Batgaining Agreements (hereinafter "CBA" or "CBAs") are hereby amended and/or � superseded by the addition of the following terms. � �'l�l-�31� I. DEFINITION SECTION A, Department - The combined City-County public health department as of July 1, 1997, and further described in the JPA. B. Department Empioyees - Employees of the combined City-CounTy public health department as of July 1, 1997, and further described in the JPA. C. Same or Equivalent Classes - Classes that are determined by Ramsey County Personnel Department to be same or similaz within the Department. D. RCDPH Employees - County employees working in the Department on or after July i, 1997. E. SPPH Employees - City employees working in the Department on or after July 1, 1997. II. THE PARTIES TO THIS AGREEMENT AGREE A5 FOLLOWS: A. LAYOFF AND 12EINSTATEMENT 1. Layoff - In the event that a SPPH Employee to be laid off is the least senior employee in the Department, and has exhausted all bumping options in the Department, the employee may elect to take a vacancy in other Cit7 departments in the same class, or, if no vacancies e�st, may elect to bump the least senior City employee in the same class citywide. This citywide bumping right shall not be applicable to such positions unless already provided for in the CBA covering the position to be bumped. 2. Seniority Exception - SPPH Employees who have accrued seniority in the City in excess of 27 yeazs of total service, and who aze ineligible for combined seniority credit in the Departrnent, shall be appointed to a compazable technical City posifion based on the type of 7 �� position held at the time of layoff, if they aze laid off prior to July 1, 2007. The classification seniority accrued in the last class served, shall be credited to the new classification assumed. If layoff occurs beyond July 1, 2007, the employee's seniority shall be solely detemuned by application of the receiving bargaining unit's CBA. 3. Reinstatement Rights - Reinstatement rights of Department employees shall follow the applicable city or county CBAs with respect to duration. B. FILLING POSITIONS 1. Non-Supervisory Promotions - Vacant non-supervisory positions in SPPH shall first be filled by promotion of qualified SPPH employees who aze employees of the SPPH as of Ju1y 1, 1997. The employment process specified in City Civil Service Rules and any applicable City CBA will be followed. If the position is not filied by this means, it will then become a RCDPH position and be filled in accordance with County procedures. 2. Supervisory Positions - City ar County supervisory positions in the Department that become vacant after July 1, 1997, shall transfer to the County and be filled in accordance with the provisions of the County's Personnel Act and/or its related policies. C. BENEFITS 1. Vacation Accrual - SPPH Employees who remain City employees after July l, 1997, shall receive vacation benefits provided in the applicable City CBA or personnel rules up until the time they choose to transfer or promote into the County system in the Department. 2. Vacation Carryover - SPPH Employees who become RCDPH employees in the Department shall be paid the balance of any accrued vacation in excess of 120 hours by the City. � 3. Sick Leave Accrual - SPPH Employees who remain City employees after July l, 1997, shall receive sick leave benefits provided in the applicable City CBA or Civil Service Rules, up until the tnne they choose to transfer or promote into the County system within the Department. 4. Sick Leave Carryover - SPPH Employees who become RCDPH Employees may carry over all accrued sick leave to the County at the time they become County employees, unless they have opted for a lesser amount of carryover under the Severance Payout provision below. 5. Severance Payout - SPPH Employees, who are eligible under their City CBA for a severance payout and become RCDPH Employees may elect, at the tune they become RCDPH employees, to cash in a11 or part of their accrued sick leave up to the maximum allowable under the terms of the CBA, with the balance to be carried over as accrued sick leave to the County. 6. City Retirement and Insurance - SPPH Employees who elect to remain City employees after July 1, 1997, shall continue to receive health, retirement, and other insurance benefits provided for in their applicable City CBA and City insurance plan, up until the time they choose to transfer or promote into the County system in the Department. Compensatory Time - SPPH Employees who become RCDPH Employees sha11 be paid for their accrued compensatory time by the City at the time they become County Employees. D. 9CHEDULING l. Overtime - Overtime in the Deparhnent shall be based on the Personnel Rules or CBA applicable to the employees who aze assigned to perform the work, with equal distribution where practicable. � G� �3� 2. Weekends and Evenings - Weekend and evening work assignments shall be by work unit and evenly assigned were pracricable. 3. Vacafion - Where seniority affects vacation scheduling, combined SPPH and RCDPH seniority by work unit shall be used. E. CONTRACT ADMINISTRATION 1. Adherence to Awards and Settlements - Disputes over adherence to contracts, awards, and settlements shall be settled under the applicable contract. 2. Department Head - Where CBAs reference the employee's department head, that person will be the Director of the Department. 3. Grievances - Grievances will be processed under the contract applicable to the affected employee. A County employee supervising City employees will apply the appropriate City contract or Civil Service Rules to determine terms and conditions of employment, and the method of processing grievances. Similazly, a City employee supervising County employees will apply the appropriate Gounty contract or Personnel Rules. 4. Organizational Structure - The County will deternune the organizational structure and chain of command in the combined department and communicate it to affected employees. F. ADVISORY COMMITTEE The City agrees to support amending existing resolutions to expand the Committee membership from 21 to 23 members by adding two labor representatives, who have public health experience, one from the County and one from the City. � �� G. CHANGE5 TO THE JOINT POWERS AGREEMENT In the event the parties to the JPA begin acrion to change the JPA, the City agrees to meet and confer with the County and the affected bazgaiuing units over personnel and labor issues affecting employees in the Deparlment. The City agrees that 90 days notice of acrion to change will be given. If the City Council and County Boazd adopt changes in the 7PA affecting terms and conditions of employment of employees in the Department, the affected unions may exercise their statutory right to collectively bargain over the effects of the decision prior to unplementation. H. DATA PRACTICES Personnel data shall be shared between City and County employees only in accordance with the Minnesota Government Data Practices Act. I. CODE ENFORCEMENT POSITIONS In the event that the City Locals desire to resolve concems over seniority rights held by Code Enforcement employees not included in the Depaflment on July 1, 1997, the City agrees to meet in good faith and attempt to reach agreement. J. RESIDENCY SPPH Employees who become RCDPH Employees aze not subject to the City's residency requirement. K. NOPI-PRECEDENT SETTING It is agreed by all parties to this MOU that the terms and conditions specified herein aze unique, apply only to this combining of SPPH and RCDPH, and shall not be construed to establish a precedent for any future consolidation, combining or merging of services or units of govemment between the City ar the County or any other employer, public or private. Some of the terms herein �`l=�t,3b are granted solely because services combined were not dupiicafive of services performed by the City or County. L. DURATION The parties agree that this MOU shall be in full force and effect from 7uly 1, 1997, through June 30, 2000, and shall be automatically renewed for a period of two addifional yeazs on that latter date to run concurrent with the term of the initial JPA. Thereafter, this MOU will automatically renew for an additional ttiree yeaz and two yeaz term, unless written notice of intent not to renew is provided by any of the parties to the others, at least ninety days prior to June 30, 2002. ON BEI3ALF OR THE BARGAINING UNITS: r 0 AFSCME C cil 14 L a12508, President S�! Y'�Y�_��-� �� AFSCME Council 14 Loca12508, Business Agent Saint Paul Professional E loyee Association, P esident S' t Paul5uperv' rs' Organization, resident ON BEHALF OF THE CITY OF SAINT PAUL: Mayor C�.-\�_. Q . �.�.. AFSCME Council 14 Local 1842, President CM o ill oca11842, Busines Agent � �� I , Loca170 % G Approved as to form: �� `�� Deputy City Attorney (�(e�'y�. 7 a��3� Director of Finance Services Director, City Labor Relations � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Council File # �_ �� Green Sheet # �� ` RESOLUTION CI Y O AINT P , OTA �O \ "� Committee: Date RESOLVED, that the City Council of the Ciry of Saint Pau1 hereby approves the attached 1997 Memorandum of Understanding between the Ciry of Saint Paul, AFSCME Council 14, I.ocals 2508 and 1842, the Professional Employees Association, the Saint Paul Supervisors Orgaiuzation and the IUOE, Local 7�, relating to the implementation of the Joint Powers Agreement between the City and Ramsey Counry for public health services. FURTHER RESOLVED, the appropriate Ciry officials are hereby authorized to sign this Memarandum of Understanding on behalf of the City. •-. - -. . .-._ - . i II%� , • ,I �� • � � � �� %�: i/ / Adopted by Council: Date 5 �� Adoption Certified by Council Secretary ay Approved by Mayor: Date sy: \/ ' �� Form Approved by City Attorney BY: ��-��_ �—�.�" 6�Si�a- Approved by Mayor £or Submission to Council < Ey: � ��.�,�y �EPAN11dENTAOFFICEICOUNCiI DATE INITIATED �� Ma office 6/5/97 GREEN SHEE CONTACT PERSON & PHONE INRIAUDATE INfTIAVOATE Peter Hames, 266-8540 O DEPpRTMENT DIRECfOR � GITV COUNCIL ASSIGN O CRY ATSOfiNEY � GRY CLEA% NUMBEHFOB MUS"{ � QI:(.pOUNCIL AGENDA BY (DATE) p0U71NG � BUDGET DIqECTO � FIN. & MGT. SEFVICES DIR. A AY ONOEN O MqYOR (Ofl ASSISTANn Q SOTAL # OF SIGNATURE PAGES (CIIP ALL IOCATION5 FOR SIGMATUR� A ` T �ppiove attached Memoraudum of Understanding by and between the City, AFSCME Council 14, Locals 2508 and 1842, PEA, SPSO, AND NOE, Local 70 regazding personnel issues related to the Joint Powers Agreement covering Saint Paul and Ramsey County Public Health Departments. RECOMMEN�ATIONS: Approve (A) or Reject (R) PEp50NAL SERVICE CONTRACTS MUST ANSWER 7HE FOLLOWING �VESTIONS: _ PLANNING COMMISSION _ CIVIL SEflVICE CAMMISSION 1. Has this persoMrm ever worked untle� a coMract for this tlepartment? � CIB COMMITTEE _ �'ES NO _ S7AFF 2. Has thiS pefSONfirtn ev0f been e Ciry BmplOyee? — YES NO _ DISTRIC7 COURT _ 3. Does Mis person/Firm possess a skill not normally possessetl 6y any curtent ciry employea? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sFeet and attach to green sheet INITIATING PROBLEM, ISSUE.OPPQRTUNIN(Who. What, Whan, Where, Why): The City, Ramsey County and the above bargaining units haue met on many occasions and negotiated a settlement of all personnel issues related to the Joint Powers Agreement. This is the fmal approval of the agreement reached between the parties. ADVANTAGES IF APPROVED: Resolves personnel issues related to the implementation of the Joint Powers Agreement between the City and Ramsey County. OISADVANTAGES IF APPROVED: None �� DISADVANTAGES IF NOT APPROVED: � - -- - � "__!-� There will be no agreement with the City and its bargaining units regazding the Joint Powers Agreement. TOTAL AMOUN7 OF 7RANSAC710N g See agreement for particulazs COST/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAL INFORASATION: (EXPLAIN) ��-�'�� Apri117,1997 1997 MEMORANDUM OF UNDERSTANDING City of Saint Paul Division of Public Health Ramsey County Department of Public Health Agreements Related to Personnel and Labor Relations Issues This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between the City of Saint Paul (hereinafter "City"), AFSCME Council No. 14, its City Locals 1842 and 2508 (hereinafter "City Locals"), Professional Employees Association (hereinafter "PEA - City"), Saint Paul Supervisors Organization (hereinafter "SPSO - City"), and the Intemational Union of Operating Engineers, Loca170 (hereinafter "Loca170 - City") as a result of discussions leading to resolufion of personnel and labor issues concerning employees of the Saint Paul Division of Public Health (hereinafter "SPPH") and Ramsey County Deparhnent of Public Health (hereina$er ; � "RCDPH") affected by the 7oint Powers Agreement between the City of Saint Paui and the County of Ramsey for Public Health Services (hereinafter °JPA") adopted by the City Council and County Board in December, 1996. The JPA results in joint provision of public health services, wherein SPPH and RCDPH are each designated the agent for the other body with respect to the delivery of specified public health services, commencing on or after 7uly 1, 1997. Employees who hold positions in SPPH or RCDPH on July 1, 1497, shall be the sole beneficiaries of the provisions of this MOU, except that the parties to this MOU may amend its terms by the written mutual consent of the affected employer(s) and the affected union(s) for employees whose positions remain in represented bazgaining units. The parties hereto agree that their respective Collective Batgaining Agreements (hereinafter "CBA" or "CBAs") are hereby amended and/or � superseded by the addition of the following terms. � �'l�l-�31� I. DEFINITION SECTION A, Department - The combined City-County public health department as of July 1, 1997, and further described in the JPA. B. Department Empioyees - Employees of the combined City-CounTy public health department as of July 1, 1997, and further described in the JPA. C. Same or Equivalent Classes - Classes that are determined by Ramsey County Personnel Department to be same or similaz within the Department. D. RCDPH Employees - County employees working in the Department on or after July i, 1997. E. SPPH Employees - City employees working in the Department on or after July 1, 1997. II. THE PARTIES TO THIS AGREEMENT AGREE A5 FOLLOWS: A. LAYOFF AND 12EINSTATEMENT 1. Layoff - In the event that a SPPH Employee to be laid off is the least senior employee in the Department, and has exhausted all bumping options in the Department, the employee may elect to take a vacancy in other Cit7 departments in the same class, or, if no vacancies e�st, may elect to bump the least senior City employee in the same class citywide. This citywide bumping right shall not be applicable to such positions unless already provided for in the CBA covering the position to be bumped. 2. Seniority Exception - SPPH Employees who have accrued seniority in the City in excess of 27 yeazs of total service, and who aze ineligible for combined seniority credit in the Departrnent, shall be appointed to a compazable technical City posifion based on the type of 7 �� position held at the time of layoff, if they aze laid off prior to July 1, 2007. The classification seniority accrued in the last class served, shall be credited to the new classification assumed. If layoff occurs beyond July 1, 2007, the employee's seniority shall be solely detemuned by application of the receiving bargaining unit's CBA. 3. Reinstatement Rights - Reinstatement rights of Department employees shall follow the applicable city or county CBAs with respect to duration. B. FILLING POSITIONS 1. Non-Supervisory Promotions - Vacant non-supervisory positions in SPPH shall first be filled by promotion of qualified SPPH employees who aze employees of the SPPH as of Ju1y 1, 1997. The employment process specified in City Civil Service Rules and any applicable City CBA will be followed. If the position is not filied by this means, it will then become a RCDPH position and be filled in accordance with County procedures. 2. Supervisory Positions - City ar County supervisory positions in the Department that become vacant after July 1, 1997, shall transfer to the County and be filled in accordance with the provisions of the County's Personnel Act and/or its related policies. C. BENEFITS 1. Vacation Accrual - SPPH Employees who remain City employees after July l, 1997, shall receive vacation benefits provided in the applicable City CBA or personnel rules up until the time they choose to transfer or promote into the County system in the Department. 2. Vacation Carryover - SPPH Employees who become RCDPH employees in the Department shall be paid the balance of any accrued vacation in excess of 120 hours by the City. � 3. Sick Leave Accrual - SPPH Employees who remain City employees after July l, 1997, shall receive sick leave benefits provided in the applicable City CBA or Civil Service Rules, up until the tnne they choose to transfer or promote into the County system within the Department. 4. Sick Leave Carryover - SPPH Employees who become RCDPH Employees may carry over all accrued sick leave to the County at the time they become County employees, unless they have opted for a lesser amount of carryover under the Severance Payout provision below. 5. Severance Payout - SPPH Employees, who are eligible under their City CBA for a severance payout and become RCDPH Employees may elect, at the tune they become RCDPH employees, to cash in a11 or part of their accrued sick leave up to the maximum allowable under the terms of the CBA, with the balance to be carried over as accrued sick leave to the County. 6. City Retirement and Insurance - SPPH Employees who elect to remain City employees after July 1, 1997, shall continue to receive health, retirement, and other insurance benefits provided for in their applicable City CBA and City insurance plan, up until the time they choose to transfer or promote into the County system in the Department. Compensatory Time - SPPH Employees who become RCDPH Employees sha11 be paid for their accrued compensatory time by the City at the time they become County Employees. D. 9CHEDULING l. Overtime - Overtime in the Deparhnent shall be based on the Personnel Rules or CBA applicable to the employees who aze assigned to perform the work, with equal distribution where practicable. � G� �3� 2. Weekends and Evenings - Weekend and evening work assignments shall be by work unit and evenly assigned were pracricable. 3. Vacafion - Where seniority affects vacation scheduling, combined SPPH and RCDPH seniority by work unit shall be used. E. CONTRACT ADMINISTRATION 1. Adherence to Awards and Settlements - Disputes over adherence to contracts, awards, and settlements shall be settled under the applicable contract. 2. Department Head - Where CBAs reference the employee's department head, that person will be the Director of the Department. 3. Grievances - Grievances will be processed under the contract applicable to the affected employee. A County employee supervising City employees will apply the appropriate City contract or Civil Service Rules to determine terms and conditions of employment, and the method of processing grievances. Similazly, a City employee supervising County employees will apply the appropriate Gounty contract or Personnel Rules. 4. Organizational Structure - The County will deternune the organizational structure and chain of command in the combined department and communicate it to affected employees. F. ADVISORY COMMITTEE The City agrees to support amending existing resolutions to expand the Committee membership from 21 to 23 members by adding two labor representatives, who have public health experience, one from the County and one from the City. � �� G. CHANGE5 TO THE JOINT POWERS AGREEMENT In the event the parties to the JPA begin acrion to change the JPA, the City agrees to meet and confer with the County and the affected bazgaiuing units over personnel and labor issues affecting employees in the Deparlment. The City agrees that 90 days notice of acrion to change will be given. If the City Council and County Boazd adopt changes in the 7PA affecting terms and conditions of employment of employees in the Department, the affected unions may exercise their statutory right to collectively bargain over the effects of the decision prior to unplementation. H. DATA PRACTICES Personnel data shall be shared between City and County employees only in accordance with the Minnesota Government Data Practices Act. I. CODE ENFORCEMENT POSITIONS In the event that the City Locals desire to resolve concems over seniority rights held by Code Enforcement employees not included in the Depaflment on July 1, 1997, the City agrees to meet in good faith and attempt to reach agreement. J. RESIDENCY SPPH Employees who become RCDPH Employees aze not subject to the City's residency requirement. K. NOPI-PRECEDENT SETTING It is agreed by all parties to this MOU that the terms and conditions specified herein aze unique, apply only to this combining of SPPH and RCDPH, and shall not be construed to establish a precedent for any future consolidation, combining or merging of services or units of govemment between the City ar the County or any other employer, public or private. Some of the terms herein �`l=�t,3b are granted solely because services combined were not dupiicafive of services performed by the City or County. L. DURATION The parties agree that this MOU shall be in full force and effect from 7uly 1, 1997, through June 30, 2000, and shall be automatically renewed for a period of two addifional yeazs on that latter date to run concurrent with the term of the initial JPA. Thereafter, this MOU will automatically renew for an additional ttiree yeaz and two yeaz term, unless written notice of intent not to renew is provided by any of the parties to the others, at least ninety days prior to June 30, 2002. ON BEI3ALF OR THE BARGAINING UNITS: r 0 AFSCME C cil 14 L a12508, President S�! Y'�Y�_��-� �� AFSCME Council 14 Loca12508, Business Agent Saint Paul Professional E loyee Association, P esident S' t Paul5uperv' rs' Organization, resident ON BEHALF OF THE CITY OF SAINT PAUL: Mayor C�.-\�_. Q . �.�.. AFSCME Council 14 Local 1842, President CM o ill oca11842, Busines Agent � �� I , Loca170 % G Approved as to form: �� `�� Deputy City Attorney (�(e�'y�. 7 a��3� Director of Finance Services Director, City Labor Relations