04-152ORDINANCE
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Refened To
Committee Date :
An administrative ordinance to amend Saint Paul Administrative Code Chapter 23, Collective
Bargaining Process, to facilitate title changes.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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7 Section 1
9 Secrion 23, Collective Bargaining Process, of the Saint Paul Administrative Code is hereby
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amended to read as follows:
Sec. 23.02. Legislative responsibility.
The final responsibility for the collective bargaining process rests with the city council.
Accordingly, the council shall:
(1)
�2)
(3)
Council File # �i�lS
Ordinance #
Green Sheet # �����
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Recognize by resolution exclusive representatives of employee organizations in
accordance with state law.
Approve and ratify by resolution the selection of labor consultants to aid and
assist in labor relations activiries as determined by the executive branch of
government.
Approve and ratify by administrative ordinance collective bargaining agreements
negotiated between the designated representative of the city and the exclusive
representative of an employee organization; provided, however, that any member
of the council who is also a member of the bargaining unit whose collective
bargaining contract is being considered by the council under this section shall not
be authorized to take part in any manner, at any time while such member is both a
member of the council and a member of the bargaining unit, in any discussion,
debate, consideration, approval, ratification or making of the collective bargaining
contract for such bargaining unit, or in any other contract as to that unit, which in
either case is or might be construed to be a violation of Minn. Stat. § 471.87. The
term "member of the bazgaining unit" includes an active employee who is a
member of the unit and a person on leave of absence from any position in such
bargaining unit. The term "member of the bargaining uniY' shali not include, for
the purposes of this section only, a councilmember who agrees to effectively, PU9US1�
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1 lawfully and as may be necessary to prevent a potential violation of Minn. Stat. §"`_'��
2 471.87, (i) waive any and all financial benefits that might otherwise accrue to the
3 councilmember under a collective bargaining agreement with the city, and if
4 necessary to retum or pay back all such benefits that would inure to the benefit of
5 the position he or she holds which is in the bazgaining unit, or to the benefit of any
6 position to which he or she would have rights to retum upon termination of a
7 leave of absence; and (ii) accept any reductions in financial benefits which may
8 inure to the disadvantage of the position he or she holds which is in the bargaining
9 unit, or to the disadvantage of any position to which he or she would have rights
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IS
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to return upon tennivation of a leave of absence. Such waiver and acceptance
shall be in writing, approved as to form by the city attomey, and in such form and
substance as to constitute an enforceable unilateral contract, and entered into
freely and voluntarily by the councilmember for the purpose of avoiding a
violation of Minn. Stat. § 471.87, and thereby permit the councilmember to
participate fixlly in the city council's consideration of collective bargaining issues
and contracts on behalf of the City of Saint Paul. Such waiver and acceptance
shall upon execution be filed with the
office of financial services, and maintained on file thereafter in that dep�snent
efftee.
(4) Determine by resolution and with recommendation from the mayor whether the
city should submit to binding arbitration when requested by the exclusive
representative of a collective bazgaining unit and impasse has been certified;
provided, however, that any member of the council who is also a member of the
bargaining unit whose collective bargaining contract is being considered by the
council under secrion 23.02(3) shall not be authorized to take part in any manner,
at any rime while such member is both a member of the council and a member of
the bazgaining unit (a) in any discussion, debate, consideration, approval,
ratification or making of the collective bazgaining contract for such bargaining
unit, or in any other contract as to that unit, which in either case is or might be
construed to be a violation of Minn. Stat. § 471.87, or (b) in the determination
provided for by this subsection as to binding arbitration. The term "member of the
bazgaining unit" includes an active employee who is a member of the unit and a
person on leave of absence from any position in such bargaining unit. The term
"member of the bargaining unit" shall not include, for the purposes of this section
only, a counciimember who agrees to effectively, lawfizlly and as may be
necessary to prevent a potential violation of Minn. Stat. § 471.87, (i) waive any
and all financial benefits that might otherwise accrue to the councilmember under
a collective bargaining agreement with the city, and if necessary to rehun or pay
back ali such benefits that would inure to the benefit of the position he or she
holds which is in the bazgaining unit, or to the benefit of any position to which he
or she would have rights to return upon termination of a leave of absence; and (ii)
accept any reductions in financial benefits which may inure to the disadvantage of
the position he or she holds which is in the bargaining unit, or to the disadvantage
of any position to which he or she would have rights to return upon termination of
a leave of absence. Such waiver and acceptance shall be in writing, approved as to
form by the city attorney, and in such form and substance as to constitute an
enforceable unilateral contract, and entered into freely and voluntarily by the
councilmember for the purpose of avoiding a violation of Minn. Stat. § 471.87,
and thereby permit the councilmember to participate fixily in the city council's
consideration of collective bargaining issues and contracts on behalf of the City of
Saint Paui. Such waiver and acceptance shall upon execurion be filed with the
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office of financial services, and
maintained on file thereafter in that �epailmerct office.
(5) Approve as submitted final positions for arbitration when required by state law;
provided, however, that any member of the council who is also a member of the
bargaining unit whose collective bargaining contract is being considered by the
council under section 23.02(3) shall not be authorized to take part in any manner,
at any time while such member is both a member of the council and a member of
the bazgaining unit (a) in any discussion, debate, consideration, approval,
ratification or making of the collective bargaining contract for such bazgauung
unit, or in any other contract as to that unit, which in either case is or might be
construed to be a violation of Minn. Stat. § 471.87, or (b) in the determination
provided for by this subsection as to final positions for arbitration. The term
"member of the bazgaining uniY' includes an active employee who is a member of
the unit and a person on leave of absence from any position in such bazgaining
unit. The term "member of the bazgaining unit" shall not include, for the purposes
of this section only, a councilmember who agrees to effectively, lawfully and as
may be necessary to prevent a potential violation of Minn. Stat. § 471.87, (i)
waive any and all financial benefits that might otherwise accrue to the
councilmember under a collective bazgaining agreement with the city, and if
necessary to return or pay back all such benefits that would inure to the benefit of
the position he or she holds which is in the bargaining unit, or to the benefit of any
position to which he or she would have rights to rehun upon termination of a
leave of absence; and (ii) accept any reductions in financial benefits which may
inure to the disadvantage of the position he ar she holds which is in the bazgaining
unit, or to the disadvantage of any position to which he or she would have rights
to return upon termination of a leave of absence. Such waiver and acceptance
shall be in writing approved as to form by the city attorney, and in such form and
substance as to consUtute an enforceable unilateral contract, and entered into
freely and voluntarily by the councilmember for the purpose of avoiding a
violation of Minn. Stat. § 471.87, and thereby permit the councilmember to
participate fully in the city council's consideration of coliective bargaining issues
and coniracts on behatf of the City of Saint Paul. Such waiver and acceptance
shall upon execution be filed with the
office of financial services, and maintained on file thereafter in that dep�nent
off ce.
�l-l5Z
1 Section 2 �, � � 52
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3 That this ordinance revision shall take affect and be in force tliirty (30) days after its passage,
4 approval and publication.
Requested by Department of:
By:
Form Ay�POZjed by City
Adopted by Council: Date /���GG� ��C�C7'� B
Adoption Certified by Council Secretary
Mayor for
By: � /�Lt
Approved by Date
By:
,
.�' �. -.�. i.
; ,. .
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
�
DepartmeM/office/wuncii: Date Initiafed:
Oy.-�52
MO — Mayorsosce ,s.,,� Green Sheet NO: 3010360
Contact Person & Phone• Deuar6nent Sent To Person InitiaVDate
Reyne ROfuth � 0 a or's Office
266-87'10 p�j9n 1 a or's Office
Must Be on Council �qenda by (Date): Number Z oo ���
For
Routing
Order
ToWI # of Signature Pages _(Clip NI Locations for Signature)
Adion Requested:
Changes to Aduvnistrative Ordivance, Chapter 23.
Recommendations: Approve (A) or Reject (R): ' Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1, Has this person/firm ever worked under a contract for fhis departrnenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Dces this persoNfirm possess a skill not nortnally possessed by any �
current aty empioyee? - -
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): .
Adminisuative Ordinance Code changes to Chapter 23. See attached
AdvantageslfAqproved:
See above.
Disadvantanes If Approved:
None.
DisadvaMages If Not Approved:
Changes not made.
Total Amount of
p CastlRevenue Budgeted:
Transaction: �� ;� r_ °°R�FQr
Fundinp Source: Activity Number. `
Financiallnfortnation: . ��� � � ���y�
(Explain) �