91-1865 ; �:
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�—�'I , ,JI���/e,.f� Council File # �� — �d��
�� Ordinance # �7
Green Sheet # ���
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented B ��������i'�Q�/s��
y
Referred To Committee: Date
An ordinance amending Chapter 12 of the Saint Paul City
Charter to provide that the Director of Personnel shall serve
at the pleasure of the mayor rather then a term of suc (6)
years.
WHEREAS, at three separate meetings, the Saint Paul Charter Commission
reviewed and considered amendments to Section 12.12.4 of the Saint Paul City Charter
relating to the term of office for the Director of Personnel; and
WHEREAS, pursuant to state law, the Charter Commission is authorized to make
recommendations to the Council of the City of Saint Paul for Charter amendments
enacted by a unanimous vote of the Council; now therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
Pursuant to Minnesota Statutes 410.12, Subdivision 7, and upon recommendation
of the Charter Commission of the City of Saint Paul, the Charter of the City of Saint
Paul is amended in Section 12.12.4 thereof so that the same shall read as follows:
Section 12.12.4. Tenure of police chief, fire chief, and personnel
director.
The term of each police chief and fire chief
shall commence upon the expiration of the preceding term, and they shall,
except as provided in this section, serve a term of si�c (6) years and until
their successors are appointed and qualified. During the first year of a
term, a police chief or a fire chief may be removed
by the mayor upon written notice and approval by the City Council. They
shall continue in office for terms of si�c (6) years from the e�iration of
their respective prior terms, each subsequent term subject to
reconfirmation by the City Council. T'hey shall continue in office until
action on the reconfirmation has been taken by the City Council. Failure
of Council to reconfirm shall result in a vacancy of the position.
Additionally, the mayor may, not more than ninety (90) days nor less than
sixty (60) days before the end of a specific term, determine to terminate an
incumbency on the expiration date of that specific term.
'''ti`'`il'`J��VL'ti'l� In that event and in an other case when a vacancy occurs, the �� ����'`� ✓
Y
mayor shall appoint an acting person and the committee herein provided /7�7�'
for shall forthwith arrange for an examination to determine eligibles to fill
any vacancy. They may be removed for cause by the mayor with the
approval of the Council by five (5) votes after hearing before the Council;
pending the hearing, the employee may be suspended with or without pay
by the mayor. The beginning and end of the term of the incumbent shall
not be affected by adoption of this chapter (charter), but the provisions of
it shall apply to all vacancies for the position of police chief or fire chief
which shall occur thereafter. The personnel
director shall not have a set term of office as described above but rather
shall serve at the mayor's �leasure.
Section 2.
This ordinance shall take effect and be in force ninety (90) days after its passage,
approval and publication.
Y� Na,� Absent Requested by Department of:
imon
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i991 Form ed by City Attorney
Adopted by Council: Date Q(;� � 2
Adoption Certified by C nc 1 Secretary gy: I �; 'i�.��
,,
�`\
BY� " ' , Approved by Mayor for Submission to
` O�-r :, ,� ��9�' Council
Approved �y or: Date
By: � .��5� BY:
PUBlIS6�E� ��V 2°91
� . 1�'/ -/�6S' f
DEPARTMENTlOFFICE/COUNCIL DATE INITIATED N� 1712 9
c�t co���i s-o5-91 GREEN SHEET
CONTACT PERSON 8 PHONE INITIAL/DATE INITIAUDATE
�DEPARTMENT DIRECTOR �CITY COUNCIL
Janice Rettman/Joe C,011111S 5289 A$$�GN �CITY ATTORNEY �CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR ❑BUD(3ET DIRECTOR �FIN.&MGT.SERVICES DIR.
AOUTING
ORDER Q MAYOR(OR ASSISTAN� �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Amend the Saint Paul City Charter Section 12.12.4
RECOMMENDATIONS:Approve(A)or ReJect(R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING�UESTIONS:
_PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/fi�m ever worked under a contraCt for this department?
_CIB COMMITfEE _ YES NO
2. Has this person/firm ever beeo a city employee?
_STAFF - YES NO
_ DiSTpiCr COUaT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO
Explafn all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM.ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
See attached letter dated August 15, 1991 to the Charter Commission, and Minutes
from the Charter C,oRmission meeting held August 22, 1991 which note the approved
change.
ADVANTAGES IF APPROVE�:
See attached letter dated February 4, 1991 from Mayor Scheibel.
DISADVANTAGES IF APPROVED:
D13ADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION S —�— COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) �,_ ,
�+v�
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Ciry Attorney
3. Ciry Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Acxounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances) �
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. Ciry Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or flag
sach of these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your project/request supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information wili be used to determine the citys liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAQES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed (e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved?Inability to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
�. - . . - 9�- i��� ✓
RECEIVED
Committee Report SEP 2 5 1991
Finance, Management, and Personnel Committee
September 16, 1991 � �ITY CLERK
5. Resolution 91-679 -. requesting the Charter Commission to review and
recommend Charter amendments to change the tenure for the Director of
Personnel to be the same as other executive department heads. (Referred
from Council 4/16/91, laid over 6/3/91, 7/1/91, & 8/5/91)
Approved as amended 3-0.
Also approved fbr recon�►endation was the attached Ordinance amending
Chapter 12 of the Saint Paul City Charter to provide that the Director of
Personnel shal�l serve at the pleasure of the Mayor rather than a term of
six (6) years. If the ordinance is not approved unanimously by the
Council , it will be invalid and will have to go on the ballot if it is to
be pursued further.
Two ordinances pertaining to the tenure of the Director of Personnel .
(At the August 5, 1991, Committee meeting, the rules were suspended to'
accept these ordinances pending review bv the Charter Commissionl
All other matters pertaining to the Director of Personnel will remain
in Committee pending the City Council vote.
6. Discussion of tentative timetable for Personnel Director selection
process.
7. Resolution 91-1219 - changing the rate of pay for Equipment Service
Manager (formerly Fireman-Mechanic General Foreman) in the Salary Plan. and
Rates of Compensation Resolution. (Referred from Council 7/2/91, laid
over 8/19/91)
Laid o�ier indefinitely 3-0.
A task force is currently looking at the issue of consolidation of garages
and better fleet management for the City. After that study is completed,
Linda Camp, Purchasing, will notify Kathy Zieman when the resolution can
be put back on a Finance Committee agenda.
Councilmember Goswitz requested that he be notified of the next meeting of
the task force.
8. Executive Order E-41 - authorizing payment to Robert Sprague for reloca-
tion and air travel costs. (Referred from Council 8/27/91)
Laid over until a draft policy on relocation expenses and air travel costs
currently being prepared by the City Attorney's Office, Finance Depart-
ment, and Mayor's Office is available.
Councilmember Goswitz requested that the Mayor's Office provide him with
a breakdown of expenses related to E-41.
- 2 -
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: • �-:� , CITY OF SAINT PAUL �
r:.;�.�.�..�a,
�'��"' OFFICE OF THE CITY COUNCIL
7ANICE RETTMAN
JOE COLLINS
Counc�7person 1991 - 1..egislative Assiscanc
ALl$L1St IS, KATHYZIEMAN
Legislative Assistant
Mr. Mark Gehan, Jr. , President
Saint Paul Charter Commission
Saint Pau1 City Hall
Saint Paul, Minnesota 55102 '
Dear Mr. Gehan:
As Chairperson of the City Council Finance, Management, and Personnel Committee,
I am enclosing a copy of a proposed amendment to the Ordinance amending Chapter 12
of the Saint Paul City Charter Commission.
In the original Ordinance approved by the Charter Commission, the last sentence
of the second paragraph states:
The personnel director shall not have a set term of office as
described above, but rather shall serve at the mayor's pleasure
as provided for other executive department heads in section 3.01.3
of this charter.
� During the Finance Committee meeting, there was a proposed amendment to the
above mentioned language. The proposed amendment being recomaended has the
following language:
The personnel director shall not have a set term of office as
described above, but rather shall serve at the mayor's pleasure.
On behalf of the Finance Committee, I am submitting this proposed amendment for
City Charter Commission review and recommendation.
I have also enclosed the Minutes of the meeting for your review. As supplemental
� information, I am enclosing copies of other proposed Administrative Code changes
to the Office of Personnel and the Office of Labor Relations.
The Finance, Management, Personnel Committee does appreciate the work performed
by the Charter Commission, and the Committee will await your response to the
proposed amendment. .
Sincerely
Janice Rettman, ai
Finance, Management and Personnel Committee
; JR:j c
` Enclosures
CITY HALL ROOM NO.718 SAIN'T PAUL,MINNESOTA 55102 612/298-5289
s�>46
Prinud oc Reeyded Papez
Charter Co�nission Minutes , Cj!-���CP✓
� �August 22, 1991 ' �
President Gehan stated that he had tried, unsuccessfully, to contact Allen
Weinblatt regarding the two pending lawsuits. He would not be surprised if
the redistricting requirements statute which the Governor unsuccessfully
vetoed, that the timelines are stayed. Assuming that the legislative
districts are going to change in some fashion as a result of the lawsuits
that are in effect, the sub-redistricting will also be effected by this.
October 1 is the earliest possible date to begin preparing to redistrict
from the point of view if the charter is amended; redistricting was not '
considered for this coming election year.
Kathleen Corley stated that a memo regarding the redistricting had been
distributed earlier this year outlining what criteria they wanted to use.
Said that they should look at that criteria and then make a decision whether
, or not they want to redistrict.
President Gehan stated that by way of clarification, he had suggested to the
members of the redistricting committee that they should be thinking in terms
of what criteria they would want to apply to the redistricting decision.
One of the big questions is whether to begin with the premise of "if it
isn't broken, don't fix it;" what is the best possible alignment of the
districts they could come up with. He urged the members to send any
suggestions on this subject. He then explained where the term Jerry
Salamander came from. Jerry was a politician who drew his district in such
a way that he would be assured re-election. Salamander comes from the
district which he created which looked like a salamander.
� 2. APPROVAL OF MINUTES.
.,..� President Gehan stated that there was now a quorum present. It was MOVED to
approve the Charter Commission Minutes dated July 10, 1Q91_ and July 3i, 1991
with the correction that Bartel Bevins was present at the meeting on July
31, 1991. SECONDE�. MOTION CARRIED UNANIMOUSLY.
�i
(� FINANCE COMMITTEE'S RECOMMENDED CHANGES TO CHAPTER 12 OF THE CHARTER
REGARDING PERSONNEL DIRECTOR.
President Gehan stated that the Finance Committee sent this back to the
Charter Commission for a request for an additional change. The proposed
change is to strike from the language of the personnel director's term
resol�t�on the phrase "as provided for other executive deaartment heads in
se�tion 3.01 .3 of ±his charter." In reading the minutes of the Finance
Committee meeting, Councilmember Maccabee was con�erned that they have a new
process for appointing department heads which is done through a committee.
Section 3.01.3 of the Charter does not refer to that process. Councilmember
Maccabee would like the language stricken from the Charter Commissions
proposed amendment to eliminate any confusion. �
Jerry Segal stated that the selection process for police chief, fire chief
and personnel director goes through a committee which is advisory to the
mayor. The intent of the Commission was to no longer give the personnel
director a six year term but to have the director serve at the pleasure of
the mayor. Councilmember Maccabee was concerned that leaving the language
that she recommends be stricken might some how infer that the selection
process of the director would no longer be the same as it is now under the
3
charter; that it would not continue to be part of the recommended process of
this committee which is provided for under another section of the Charter.
The City Attorney's reaction was that there wasn't any problem deleting that �
phrase because the personnel director was not an executive head of the
department any way. The reference to the executive department only was
intended to mean that the mayor's ability to terminate employment at will
would be the same for the personnel director as it is for executive
department heads. There is a maximum of six department heads. The
personnel office is not a department so the director would not be the head
of an executive department.
President Gehan stated that maybe it was possible that Councilmember
Maccabee was concerned with the language as it could appear that the
personnel director is an executive department head.
Bernard Edmonds asked that if there wasn't a 100 percent vote by the
Commission and the Council that this is what it would take to make a charter
amendment. President Gehan stated that it could be sent back to the Council
without a unanimous vote from the Commission. In order for the Council to
make amendments without the Commission, they would have to be unanimous.
President Gehan MOVED the amendment for the personnel director as proposed
by the Finance Committee. SECONDED.
;
Bernard Edmonds stated that he was not present at the meeting when the
original consideration to change the Charter regarding personnel director
and he was not in favor of changing the Charter.
President Gehan stated that the personnel director has a six year term of
office which is the same term for the police and fire chiefs. The mayor
requested that the provision for personnel director be deleted from the
Charter.
Ann Copeland stated that she believed this was essentially a technical
change and does not change the intent of what the Charter Commission was
trying to do.
President Gehan stated that it should be understood that the Charter
Commission has already approved the amendment to the charter concerning
personnel director which was then forwarded to the City Council . Those who
may be opposed to the general premise of the amendment and vote in favor of
the amendment, may not necessarily be viewed as being in favor of the entire
proposal .
MOTION CARRIED. (1 Nay) .
4. ATTORNEY'S FEES ACCRUED ON REDISTRICTING.
President Gehan stated that there was a bill from Michael Sheahan who was
retained to assist the Charter Commission in dealing with the City Council
on the redistricting issue. It may now be unnecessary for the Charter
Commission to go to the City Council on this issue. Mr. Sheahan's total
bill is 55,555.30. This would be paid from the 310,000 which is allotted by
4
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.�:,.��5 ���r�,:,,3�:L 5,�,.•r ,��t��.. •�,..E�o•���, g:>>�-_ FEB � 1991
�IAYOH (G]�) 2ff8--33_3
February 4 , 1991
EfIL�L YYll.�2d
re: Personnel Director
vacancy
Council President Wiliiam Wilson
7th Floor City Hall
Saint Paul , Minnesota 55102
G�ar Council President Wilson :
This is to not�fy you pursuant to Section 12 . 12 . 1 of the Charter
of the City of Saint Paul that there is a vacancy in the Gffice
of Personnel Director , effective March 8, 1991 . As you know,
Rafe Viscasiilas has resigned , effective that date. I have named
Mark RoSertson as Acting Director until the Personnel Director
selection process is completed and a new Personnel Director is
named.
As the Charter designates , the City Council is now responsible
far aQproving minimum qualifications for the Personnel Director
position and appointing a Personnzl Director Selection Committee.
We have carried forward the Fire Chief selection process by
providing staff support through the Personnel Ofifice. For this
process, as well , Kelly Tanzer, Recruitment and Selection
Division Manager , and Nancy Stovall , Selection and Validation
Specialist, will be available to work with you or� the procedurai
and technical steps necessary to carry through the appointment
procedures spelled out in the Charter. Neither is a candidate
for the posi�ion . Kelly and Nancy have done the necessary
prelim�nary research for the process and will be available to you
and other members of the Council to make their expertise
available. Please centact Ken Peterson or Marcia Keller of my
staff as their assistance is needed in facilitating the staffing
,of the selection process.
I look forward to the work that the Councii initiates and that a
selection committee implements. Hopefully we can move forward in
Primed on Rec�cled Paper
:,..�'°2,.�..:
Council President Wi7son • � �
February 4 , 1991
page 2
a timely fashion. If minimum qua7ifications can be established
by ordinance by April l , and the examining committee established
by May 1 , we should be able to appoint a director early in
September. I look forward to working with you as we carry
forward the Charter prescribed process .
Sinc�-ely ,
� . . ,��.�"
.�- -.� �
James Scheibel
Mayor
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.. ` SAINT PAUL C R COMMISSION
c
SAINT PAUL, ��. MINNESOTA 55102
June 27, 1991
RECEIVED
JUN 2 8 1991
CITY CLERK
Albert B. Olson
City Clerk
386 City Hall
Saint Pual, MN 55102
Dear Mr. Olson:
Enclosed please find a Resolution approved by the Charter
Commission at its June 27, 1991 meeting. Please place it on the
next available City Council agenda.
Y rs t ly,
�
Mark W. Gehan, Jr. , President
Saint Paul Charter Commission
zz
. ,
. , , �., �� � �_ l�6 d
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RESOLUTION
OF THE
SAINT PAUL CHARTER COMMISSION
WHEREAS, at its meetings on April 21, 1991; May 23 , 1991; and
June 27, 1991 the Saint Paul Charter Commission reviewed and
considered amendments to City Charter Section 12 . 12 .4 pertaining to
the term of office for the personnel director; now, therefore, be
it
RESOLVED, that pursuant to Minnesota Statutes Section 410. 12 ,
subd 7, the Saint Paul Charter Commission hereby recommends for
unanimous Council adoption the proposed amendments attached hereto.
- �; r - . g � - ���s_
' • Council File #
i
� Green Sheet #
ORDINANCE R,�` ��.
CITY OF SAINT PAUL, MINNESOTA � � M, � .
3 '3i'I °� 1 ,
Presented By
Referred To Committee: Date
An Ordinance amending Chapter 12 of the
Saint Paul City Charter to provide that
the Director of Personnel shall serve at
the pleasure of the Mayor rather than a
. term of six (6) years.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN
Section 1.
Pursuant to Minnesota Statutes 410.12, Subdivision 7, and upon recommendation of
the Charter Commission of the City of Saint Paul, the Charter of the City of Saint Paul
is amended in Section 12.12.4 thereof so that the same shall read as follows:
Section 12.12.4. Tenure of police chief, fire chief, and personnel director.
The term of each police chief and fire chief ��a � ""'- '''"'^"`"'"
shall commence upon the expiration of the preceding term, and they shall,
except as provided in this section, serve a term of six (6) years and until
their successors are appointed and qualified. During the first year of a
term, a police chief or a fire chief ' _ may be removed by
the Mayor upon written notice and approval by the City Council. They shall
continue in office for terms of six (6) years from the expiration of their
respective prior terms , each subsequent term subject to reconfirmation by the
City Council. They shall continue in office until action on the
reconfirmation has been taken by the city council. Failure of council to
reconfirm shall result in a vacancy of the position. Additionally, the mayor
may, not more than ninety (90) . days nor less than sixty (60) days before the
end of a specific term, determine to terminate an incumbency on the expiration
date of that specific term.
In that event and in any other case when a vacancy occurs, the mayor shall
appoint an acting person and the committee herein provided for shall forthwith
arrange for an examination to determine eligibles to fill any vacancy. they may be
removed for cause by the mayor with the approval of the council by five (5) votes
after hearing before the council; pending the hearing the employee may be suspended
with or without pay by the mayor. The beginning and end of the term of the
incumbent shall not be affected by adoption of this chapter [charter) , but the
provisions of it shall apply to all vacancies for the position of police chief or
fire chief ��a ��������'- �';~��`�� which shall occur thereafter. The personnel
-- r �--'-"-- -----
director shall not have a set term of office as described above, but rather shall
serve at the mavor's pleasure as vrovided for other executive devartment heads_in
Section 3.01.3 of this charter.
. ,� �
• �
Section 2.
This ordinance shall take effect and be in force ninety (90) days after its passage
approval, and publication.
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Adopted by Council: Date
Form App d by City Attorney
Adoption Certified by Council Secretary
By: /
By:
Approved by Mayor: Date Approved by Mayor for Submission to
Council
By: �.��
ay: