Executive Orders 2010 and priorEXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:E -(g5'
Date: 3 -/[) 2)010
1 Pursuant to the provisions of Community Action Partnership of Ramsey and Washington
2 Counties' (CAPRW) By-laws, I do hereby appoint Lee Helgen, 988 Hoyt Avenue West,
3 SaintPaul,Minnesota551l7,aqualifiedvoteroftheCityofSaintPaul,toserveonmy
4 behalfasamemberoftheCAPRWBoardofDirectors,throughMarch20l2.
sistant City Attomey
Date Mayor/Finance Director
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:E-V/
Date: 'l-l(co 'l:):"
One week after the tragic death of Reverend Dr. Martin Luther King, Jr., President
Lyndon B. Johnson signed the Civil Rights Act of 1968 into law. More commonly
known as the "Fair Housing Act," this legislation proibits discrimination in housing
based on race, color, religion, disability, sex, farnilial status or national origin. The Act
deals with the sale, rental or financing of housing, as well as any advertisements or
statements with respect to housing.
In 1988, the City of Saint Paul added fair housing to Chapter 183 of the Legislative Code.
Section 183.06 prohibits discrimination in housing based on race, color, national origin,
sex, religion, farnilial status, disability, ancestry, sexual or affectional orientation, and
marital status or status with regard to public assistance.
As Mayor of the City of Saint Paul and the Most Livable City in America, I urge the
immediate end of all housing discrimination in this City. I also appeal to mortgage
companies, banks, lenders, landlords and all property owners in the City of Saint Paul to
assist the City in remedying the alarming foreclosure rate and housing crisis, as well as to
support fair housing and eliminate housing discrimination now and forever.
I strongly urge anyone who feels they have been discriminated against, in the City of
Saint Paul, to call the City's Human Rights Director, Tyrone Terrill and file a charge with
the Department.
As we reflect on the 40'h observation of the "Dreamer's" death and enactment of the
historic Fair Housing Act, I direct Human Rights Director Tyrone Terrill and City
Attorney John Choi to analyze our current fair housing law, particularly in regards to
strengthening enforcement in this critical area.
APPROVED AS TO FORM
=-i,@A,ixl
ksaXs4% Attorney
'! '/'o!ate yor/Finance Director
\", i. ,"5, ' -!l'
+Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet +
qpartment/office/council: Datelnitiated:
,-IR -HumanRights 16-APR-08 Green Sheet NO: 3052452
'Contact Person & Phone:
Human Rights - Tyrone
6-8964
MustaBe op Council Agenda.by (Date):
Doc.'Type: EXECUTlVg ORDER
E-Document Required: ;N.
Document Contact: -Elizabeti Davis
Confact Phone: 6-8968
Assign
Number
For
.. nciifting
: Order
Djipartment
lHuman Rights
5ity Attorney
(Mayor's Office
ickl rve.rk
Sent To Person
Department Director
CityAttorney
Mayor/Assistant
Initial/Date
Tptffil#ofSignatur,ePqges (ClipAllLocationsforSigpature)
Actior'i;Re;quested:
Recogmizing-the anniversary ofI)t. A/lanin LujNer King, Jr.'s tragic de,ath and the passage of the 1968 Fair Housipg Aet.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Semce Contracts Must Answer the Following Questions:
1. Has 4his personXfirm ever worked under'a contract for this deparrriient?
Yes No
2.klas this personXfirm ever been a cijy employee?
Yes No
3. Does this person!firq possess a skill not normally possessed by'any
currenf city employee?
Yes No
Exl'lain all yes answers on separate sheet and attach to green sheet
Disadyantages If Approved:
Disadvantages If Not Approved:
Total Atnount of
Transaction:
Funding Source:
Finam.ial Iriformation:
(Explain)-
CosURevenue Budgeted:
April 16, 200811:36 AM Page I
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:E -(c 3
Date: '? Kl -01
1 Pursuant to the provisions of Community Action Partnership of Ramsey and Washington '
2 Counties' new By-Laws, I do hereby reappoint Jill Harmon, 40 Crocus Place, Saint Paul,
3 'Minnesota55102,aqualifiedvoteroftheCityofSaintPaul,toserveonmybehalfasa
4 member of the Community Action Partnership of Ramsey and Washington Counties
5 (CAPRW) Board of Directors, effective September 20, 2007 through December 31, 2008.
6
7 Harmon has served as a board member of the Summit Hill Association, trustee of the
8 Landmark Center and Minnesota Museum of American Art, and is serving her fi:fteenth
9 year as a cellest with the Saint Paul Civic Symphony. In addition to serving on the
10 CAPRWBoardofDirectorsandchairingtheBoardDevelopmentCornmittee,Harmon
11 has 15 years executive search consulting experience with Schall, Lyman & Co. and
12 Stone-Murphy. She has seven years corporate industrial and labor relations experience
13 withLTVSteelCorporationandSchlumbergerLtd.,andPlantHumanResourceManager
14 at two manufacturing facilities.
15
16 Harmon received her Bachelor's Degree from Cornell University.
APPRpVED AS,;TO FORM
Date
Department Director
V"A)!"ma5;nirector
+Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet +
Department/office/council:
a0 -Mayor's Office
Contact Person & Phone:
Kris Fredson
266-8534
Must Be on Council Agenda by (Date):
Doc. Type: EXECUTIVE ORDER
Date Initiated:
19-SEP-07
Assign
Number
For
Riuting
Order
Green Sheet NO: 3044170
Department
0 layor's Office
1 iMayor's Office
2 5ity Attorney
3 lMayor's Office
4 5ity Cletk
Sent To Person Initial/Date
Deparhnent Director
I I
Mayor/Assistant
I I
E-Document Required: N
Document Contact:
Contact Phone:
Total # of Signature Pages (Clip All Locations for Signature)
Action Requested:
Approval of the reappointnent by the Mayor of Ji%l Harmon'to the Community Action of Ramsey and Washington Counties Board ofDirectors, effective September 20, 2007 :through December 31, 2008,
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Hasthisperson/firm everworked under a contract for this department?Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by anycurrent city emplbyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, 7Vhere; Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number:"ECE/VED
SE/ I g 2007
CITY 0l[,,,,i .
September 19, 2007 3:21 PM Page I
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:E-(;,g
Date: /-/ 7"0 7
Pursuant to the provisions of Cornrnunity Action Partnership of Ramsey and Washington
Counties By-Laws, I do hereby reappoint Jill Harmon, 40 Crocus Place, Saint Paul,
Minnesota 55102, a qualified voter of the City of Saint Paul, to serve on my behalf as a
member of the Community Action Partnership of Ramsey and Washington Counties
(CAPRW) Board of Directors, effective January 1, 2007 through December 31, 2008.
Harmon has served as a board member of the Summit Hill Association, trustee of the
Landmark Center and Minnesota Museum of Ai'nerican Art, and is serving her fourteenth
year as a cellest with the Saint Paul Civic Syi'nphony. In addition to serving on the
CAPRW Board of Directors, Harmon has 14 years executive search consulting
experience with Schall, Lyman & Co. and Stone-Murphy. She has seven years corporate
industrial and labor relations experience with LTV Steel Corporation and Schlumberger
Ltd., and Plant Human Resource Manager at two manufacturing facilities.
Hari'non received her Bachelor's Degree from Cornell University.
l/ >,,i c >
Date
Department Director
Mayor/Finance Director
+Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet +
- ' oartment/office/council:
..ia -Mayor's Office
Contact Person & Phone:
Kris Fredson
Doc. Type: EXECUTIVE ORD.ER
E-Document Required: Y
Document Contact:
Contact Phone:
Date Initiated:
17-JAN-07
Assign
Number
For
Rouiing
('rdbr
Green Sheet NO: 3036275
Department
IMayor's Office
JMayor's Office
5ity Attorney
Jay6r's Office
5ity Clerk
Sent To Person
Department Director
i Mayor/Assistant i
I
Initial/Date
Total # of Signature.Pages (Clip All Locations for Signature)
Action Requested:
Approval of the appointment, made by 'the M(iyor, of Jill. 8armon to serve on the Mayoj's behalf as a member of the Community
Action Partnership of Ramsey and WashingtonCounties (CAPRW) Board ofDirectors. Her term is concurrent with the term of.the
Mayor's an(l is effective January 1, 2007 through De,cember 31, 2008.
:Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
4. Has this person/firm ever worked under a contract for this depammerit?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person!firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes ansWers on separate sheet and attach to green sheet
Advantages If Approved:
Disadvantages If Not Approved:
'l
Total Amount of
Transaction:
Funding Sounce:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
s !,.a j'. f a'4 'ad' 9plp, 7
January 'I 7, 200712:20 PM Page I
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:F-(tl
n=t-= '}-70-0(p
EXECUTIVE ORDER, whereas, Section 8.B.l.d. of the Saint Paul Civil
Service Rules provides that the City of Saint Paul shall adopt an Open
Opportunity Program Action Plan/Affirmative Action Program (00PAP/AAP).
WHEREAS, the Human Resources Director has submitted the attached
Affirmative Action Plan to the Office of the Mayor for review and approval,
therefore it is,
ORDERED, that in accordance with the provisions of Section 8.B.l.d. of
the Saint Paul Civil Service Rules the Mayor hereby approves the attached plan as
the City's Affirmative Action Plan (00PAP/AAJ').
APPROVED AS TO FORM
[/;'!"'Y;?p'Q
City Attorney ent
Mayor/Finance Director
e- {p/
+Green Sheet Green Sheet Green Sheet Green Sheet Green- Sheet Green Sheet +
I Department/office/council:
j-llJ -Human Resources
Contact Person & Phone:
Rebecca Winkel
266-6534
Must jBe on Council Agenda by (Date):
ContractType:
EO-EXECUTh/E ORDER
Date Initiated:
22-JUN-06
i)
Assign
Number
For
Routing
Order
GreenSheetNO: 3031132
Department
IHuman Resources
fHuman Resourem
jC.ity Attorney
Mayor's Office
btV Clerk
SentTo Person Initial/Date
. ' : Department Director ll. CV'
Mayor/Assistant I
I
Total#ofSlgnaturePqges (ClipAllLocationsforSignature)
Action Requested:
Approval of City's Affirmative Action Plan.
Recommendations: Appmw (A) or Reject (R): Personal Service Contracts MustAnswertha Following Questions:
Plan' n'ng bmm'ss'on 1. t-las this person/firm ewr worked under a contract for this department?CIBCommittee Yes No
Ci*l Ser4ce Commission , 2. Has this person/fimi ewr beeri a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cum.nt city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
tnitia%ing Pmblem, Issues, Opportunity (Who, Whal When, Where, Why):Section 8.B.l.d of the Saint Paul civil Service Rules provides that the City of Saint Paul shall adopt an Open Opporhinity Program
Action Plan/Affirmative Action Porgram (00PAP/AAP).
Disadvantages lfApproved:
None
'RECE!VED
JUI .6 200Ei
MAYOR)S:OERCE
Dlsadvantages If Not Approved:
Non-compliance with the Saint Paul Civil Service Rules.
Total Amount of
Transaction:
Funding Source:
Financial rnformation:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
a} t'ia ': ," ' l r ,'2" l-i' IU" l "'
Council Reseqrr-.+-i i',';Bp)yB=7
JUL 10 2t)DB
June 22, 2006 5:15 PM Page 1
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:E (,pO
Date: "E5- 30-,D(p
EXECUTIVE ORDER, Pursuant to Chapter 3 of the Charter of the City of Saint Paul,
this Order re-establishes Executive Order E-53, dated October 31, 1997 for Non-
Commercial Driver's License employees.
WHEREAS, Executive Order #-53 established an Administrative Procedure for
employees losing driving privileges and was replaced by E-59 which established a policy
for employees losing CDL privileges.
WHEREAS, it has been determined that a policy covering employees who lose non-CDL
driving privileges needs to remain in effect, now therefore be it
ORDERED, that the above Executive Order is hereby re-established by the attached May
2006, procedure and policy update with changed and reflected by strikeouts and
underscoring.
APPROVED AS TO FORM
Date Mayor/Finance Director
e-{10
Exccutivt:' Ordcr: #E 53; Crcatcd Octobcr 31, 1997 Reviscd: May 8, 2006
City of Saint Paul Employee Loss of Driving Privileges for non-CDL holders:
Administrative Procedure
1. If an employee loses driving privileges and possession of a license is a ininimum requirement of tlie employee's job
classification, tlie City will ii'isist tliat tlie employee comply witl'i tlie job requirement.
2. It is the employee's responsibility to immediately notify tl'ieir supervisor of tlie loss of driving privileges. If an
employee fails to notify their supervisor tliey will be subject to disciplinary action. If ai'i employee drives a City
veliicle witl'iout a valid driver's license, tliey will be subject to immediate termination from City employment. Sucli
termination will also apply to any City employee wlio drives a personal veliicle without a valid driver's license in tlie
performance of tlieir City job duties.
3. It is tlie employee's responsibility for regaining tlie license and not tlie City's. Tlierefore, tlie employee must, at the
employee's expense and on personal time, resolve tl'ie issue witl'i tl'ie District Court or Department of Public Safety.
Obtaining a permit to drive for work purposes only, in tlie driver's license class required by tlie minimum
qualifications of tlie employee's job classification, qualifies as i'neeting tliose ininimum requirements.
4. Management, upon being made aware of tlie loss of an employee's license, sliall send tlie employee a letter stating
tliat the employee will be put 011 leave status for a period, not to exceed, 120 calendar days. Tl'ie 120-day calendar
period sliall begin as of tlie date on wliicli tlie state cancels, suspends, or revokes, tlie ei'nployee's license. Tl'ie
employee's union representative will be sent a copy of tl'ie letter. During tl'ie 120-day period, no accrued sick leave
may be used. However, accrued vacation and/or compensatory time may be used. Once sucli time is exhausted, the
employee will be placed on a leave witl'iout pay status.
5. If tlie employee's driving privileges are restored witliin the 120 calendar day period, tlie employee may return to
work witl'i full pay effective tlie date of sucli return subject to layoffs or otlier staffing reductions.
6. If tlie employee cannot resolve tlie license problem witliin tlie 120-calendar day period, tlie ei'nployee will be
teri'ninated from City employment.
7. Extensioxis may only be granted at tlie discretion of tl'ie department involved for reasons beyond tlie employee's
control. Tlie reasons sliall be lii'i'iited to delays caused by State administrative procedures or the court system.
8. Voluntary reduction to a position in a lower classification witli minimum qualifications not requiring a driver's
license is at i'nanagement's discretion under tlie Civil Service rules. Tl'iis is an option tliat may be discussed witli tlie
departi'nent involved. However, SIICII a reduction must be to a vacant position and cannot result in tlie displacement
of anotlier employee.
IF YOU HAVE FURTHER QUESTIONS REGARDING THIS POLICY, PLEASE CONT ACT:
Jol'ui Sliocl<Icy Jason Schmidt - Human Resources
266-648Q'6503
G lSharedlLRCOMMONUASOMA4isclDriving cliangeslPolicy on Lost of Dtiving Privileges-nonCDL doc
+ereensheetareensheetareensheetareensheetareensheete!eAeet+
Department/office/coum.il:
HU -Human Resources
Date Initlated:
26-MAY-06
Contact Person & Phone:
Jason Schmidt
Must Be on Council Agenda by (Date):
Assign
Number
For
Routing
Order
ContractType:
EO-E)ECUTIVE ORDER
Green Sheet NO: 3030898
Deparbnent
IHuman Resources
IHuman Resources
jCity Attorney
kavor's Office
k.ouncfl
5ity 01(irk
SentToPerson
I I
Department Dirgctor l
I I
I Mayor/Assistant I
.1
'i (.ity Clerk
Initial/Date
Total#ofSignaturePages (CllpAllLocatlonsforSignature)
Actlon Requested:
Re-establish a policy for City of Saint Paul employees losing their driver's license when it is a requirement of their job. An unintended
consequence of implementing the new CDL policy was that the old policy covering all employees was eliminated.
'Re:,ommendati6ns: Appm%e (A) or Reject (R):
Planning Commission
CIEI Committee
Ciul Seruce Commission
Personal Servk:e Contracts Must Answer the Following Questions:
1. 'Has this person/firm ear worked' under a contract for this department?
Yes No
2. Has this person/firm ewr been a city employee?
Yes No
3. Does this person/firm possess a.skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initlating Problem, Issues, Opportunity-(Who, What, When, Where, Why):
Existing Drug and Alcohol Testing policy and Administrative Procedure were amended and excluded employees mho lose non-CDL
driving privileges.
Advantages IfApproved:
Policy will cover all employees not covered by CDL policies regarding loss of driving privileges.
Disadvantages ffApproved:
None
Disadvantages tfNotApproved:
Process and procedure will remain as is. Potential loss of well-qualified employees.
-' I
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
RECEiVED
MAY 3 0 2006
CITY CLERK
May 27, 2006 2:59 AM Page 4
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
NO: E 5'1
Date::i -.?'l-o<,,=
EXECUTIVE ORDER, Pursuant to Chapter 3 of the Charter of the City of Saint Paul,
this Order amends Executive Order E-53 and E-54, dated October 31, 1997.
WHEREAS, Executive Order E-53 established an Administrative Procedure for
employees losing driving privileges and E-54 established a drug and alcohol testing
policy for employees who operate commercial motor vehicles as required by the Federal
Highway Administration, and
WHEREAS, it has been determined that the procedures and policy need to be amended to
more clearly define the reasons for discipline and discharge of an employee under the
policy, now therefore be it
ORDERED, that the above Executive Orders are hereby amended by the attached April
2006, procedure and policy update with changed reflected by strikeouts and
underscoring.
APPROVED AS TO FORM
Assistant City Attorney
Mayor/Finance Director
Exccutivo Order: ffE 53; Croatod October 31, 1997 Rcvised: Aprill8, 2006
City of Saint Paul Employee Loss of Driving Privileges for CDL holders: Administrahve
Procedure for Parks, Public Works and St. Paul Regional Water
In the interest of preserving for a limited time, an employee's job when the employee has a drivor'a liconao of any typo
his/her CDL suspended, revoked, or canceled due to loss of his/her personal drivers license; and to establish uniformity in
addressing such a situation, all City employees, with the possible exception of those employees with a bonafide medical
condition which may be grounds for an exemption, will be subject to the following:
1. If an employee loses driving privileges and possession of a CDL is a minimum requirement of the
employee's job classification, the City will insist that the employee comply with the job requirement.
2. It is the employee's responsibility to immediately notify their supervisor of the loss of driving privileges. If an
employee fails to notify their supervisor they will be subject to disciplinary action. If an employee drives a City
vehicle without a valid driver's license, they will be subject to immediate termination from City employment. Such
termination will also apply to any City employee who drives a personal vehicle without a valid driver's license in the
performance of their City job duties.
L It is the employee's responsibility for regaining the license and not the City's. Therefore, the employee must, at the
employee's expense and on personal time, resolve the issue with the District Court or Department of Public Safety.
Obtaining a permit to drive for worlc purpozca only, in the drivcr'a license claaa required by the minimum
qualifications of thc cmploycc'r, job classification, qualifica aa ma:'ting those minimum rcquircmcnta.
4. Management, upon being made aware of the loss of an employee's license, shall send the employee a letter stating
that the employee will be put on leave status for a period, not to exceed, 120 calendar daya 12 months. The
12 month period shall begin as of the date on which the state cancels, suspends, or revokes, the employee's
license. The employee's union representative will be sent a copy of the letter. During thc 120 day poriod 12 month
p, no accnied sick leave may be used. However, accnied vacation and/or compensatory time may be used.
Once such time is exhausted, the employee will be placed on a leave without pay status.
5. If the employee's driving privileges are restored within thc 120 calendar day 12 month period, the employee may
return to work with full pay effective the date of such return subject to layoffs or other staffing reductions.
6. If the employee cannot resolve the license problem within thc 120 calcndar day 12 month period, the employee will
be terminated from City employment.
7. Extensions may only be granted at the discretion of the department involved for reasons beyond the employee's
control. The reasons shall be limited to delays caused by State administrative procedures or the court system.
8. Voluntary reduction to a position in a lower classification with minimum qualifications not requiring a driver's
license is at management's discretion under the Civil Service rules. This is an option that may be discussed with the
department involved. However, such a reduction must be to a vacant position and cannot result in the displacement
of another employee.
IF YOU HAVE FURTHER QUESTIONS REGARDmG THIS POLICY, PLEASE CONTACT:
John Shocklty Jason Schmidt - Human Resources
266-6&'6503
changei'iPolicy on Loss of Driving Privileges-a.doc
E-{5'1
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (,%'icndcd b}- Executive Order E 54 datcd Octobcr 31, 1997) Rcvised: Aprill8, 2006
CITY OF SAINT PAUL EMPLOYEE DRUG AND ALCOHOL TESTING POLICY
FOR DRIVERS OF COMMERCIAL MOTOR VEHICLES
Use of drugs and abuse of alcohol is a nation wide problem. Persons of every age, race, sex and ethnic group are
affected. The use of drugs and abuse of alcohol poses risks to the health and safety of the abuser as well as to others.
The City of Saint Paul believes that a working environment free of drug use and alcohol abuse is healthier, safer, more
productive and a condition desired by most employees and their families.
The City of Saint Paul recognizes the need to confront the problems and risks associated with alcohol abuse and drug use
in the workplace. Education serves an important role in the prevention of drug use and alcohol abuse. There is also a
need to identify work performance problems related to dnig use and alcohol abuse so that an employee may have the
opportunity to seek treatment and be retained for continued employment based on satisfactory job performance.
This policy follows Federal mandates and establishes clear standards concerning drugs and alcohol, which drivers of
commercial motor vehicles must meet. It also establishes a testing procedure to ensure that those standards are met. This
drug-and-alcohol-testing policy is intended to conform to Federal Highway Administration (FHWA) regulations set forth
in Title 49 of tlie Code of Federal Regulations (CFR) Parts: 382 "Controlled Substances and Alcoliol Use and Testing";
391 "Qualifications of Drivers"; 394 "Notification and Reporting Accidents"; and 40 "Procedures for Transportation
Workplace Drug Testing Program".
DEFINITIONS
1.Confirmation test: For alcohol testing means a second test, following a screening test with a result of O.02 or
greater. For dnig testing means a second test, independent of the screening test, that uses a method of analysis
approved under FHWA guidelines as being reliable and accurate for providing specific data as to the drugs or
their metabolites detected in an initial screening test.
2.Commercia} Motor Vehicle means any vehicle that:
a.has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
b.has a gross vehicle weight rating of 26,001 or more pounds; or
C.is designed to transport 16 or more passengers, including the driver; or
d.is of any size and is used in the transportation of materials found to be hazardous for the purpose of the
Hazardous Materials Transportation Act and which requires the motor vehicle to be placarded under
Hazardous Materials Regulation.
Page 1
e-a;l'
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended by Exccutivc Ordcr E 54 dated October 31, 1997) Rcvised: April 18, 2006
Drug: Any substance (other than alcohol) that is a controlled substance as defined in CFR Parts 391 and 40.
Drug and alcohol testing, drug or alcohol testing, and drug or alcohol test: Analysis of a body component
sample approved under FHWA guidelines, including breath and urine, for the purpose of measuring the presence
or absence of drugs, alcohol or their metabolites in the sample tested.
EBT (evidential breath testing device): An EBT approved by the National Highway Traffic Safety
administration (NHTSA) for evidential testing of breath and placed on NHTSA's "Conforming Products List of
Bvidential Breath Measurement".
Employee: A person, independent contractor or person working for an independent contractor who performs
services for the City of Saint Paul for compensation, in whatever form, who are required to operate a CMV in the
performance of their duties, but excluding all persons subject to the testing policy established under General
Order 230.30 of the Saint Paul Police Department Manual.
Employer: The City of Saint Paul acting tbrough a department head or any designee of the department head.
Impairment due to drug or alcohol use: A positive test result is regarded as impairment under this policy.
Initial screening test: A drug or alcohol test that uses a method of analysis approved by the FHWA as being
capable of providing data as to general classes of drugs, alcohol or their metabolites.
10,Medical Review Officer (MRO): A licensed physician responsible for receiving laborator9 results generated
by the employers drug testing program and who has lmowledge of substance abuse disorders and has appropriate
medical training to interpret and evaluate an individual's positive test result together with employee's medical
history and any other relevant biomedical information.
11.Positive test result: A finding of the presence of alcohol, drugs or their metabolites in the sample tested in
levels at or above the threshold detection levels set by the FHWA. The presence of alcohol, drugs or their
metabolites at or above the following levels, as may be amerided by FHWA standards, shall be considered to be a
positive test result:
Alcohol (EBT)
Amphetamines
Cocaine Metabolite
Opiates (Eff. 5/1/98 DOT change)
Codeine, Morphine
6 monoacetyl Morphine
PCP (Phencyclidine)
THC Metabolite
(Delta-9-tetrahydrocannabinol-
9-carboxylic acid)
0.02
500
150
2000
3
25
15
grams per 2101iters of breath
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
12.Reasonable suspicion: A basis for forming a belief based on specific facts and rational inferences drawn from
those facts. See Section E for determination factors.
Page 2
DRUG AND ALCOHOL TESTING POLICY
12 /30/94 (,"mended by Exccutivc Order E 5'l dated Octobcr 31,1997) Revised: Aprill8, 2006
13 . Safety sensitive function(s): Means any on-duty time, includes all time from time employee begins work to time
he/she is relieved from work and all responsibility for performing work to include; inspecting, servicing or
conditioning any motor vehicle; time loading or unloading a vehicle, supervising or assisting in the loading or
unloading.
14, Valid medical reason: When meeting one of the following conditions:
a.Based on a written prescription or an oral prescription reduced to writing that names the employee as the
person for whose use it is intended; or
b.The drug was prescribed, administered and dispensed in the course of professional practice by or under
the direction and supervision of a physician; and
C.The drug was used in accord with the terms of the prescription and the physician has advised the
employee that the substance does not adversely affect the employees ability to safely operate a CMV.
Use of any over-the-counter medication, in accord with the terms of the product's directions for use, shall
also constitute a valid medical reason. Except, on over-the -counter cough syrup without alcohol only
shall constitute a valid medical reason.
Employee has an ongoing obligation to notify their irmnediate supervisor when taking prescription drugs or over the
counter which may affect their ability to perform a safety sensitive position.
B. DEPARTMENTALWORKRULES
An employee, covered by this policy, may be subject to discipline, including the possibility of termination, for violation
of the following work rules:
1.No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions
while having an alcohol concentration of O.04 or greater.
2.No employee shall use alcohol while performing safety-sensitive functions.
3.No employee shall perform safety sensitive functions within four hours after using alcohol.
4.An employee involved in a vehicular accident, as defined in Section D.4., while driving a CMV shall not use
alcohol within eight hours following the accident, or until they have undergone a post-accident alcohol test,
whichever occurs first.
5 No employee shall refuse to submit to a drug and/or alcohol test required under this policy.
6.No employee shall report for duty or remain on duty requiring the performance of safety sensitive functions when
the employee uses any controlled substances, except pursuant to a valid medical reason, as described in Section
A.14.
7.No employee shall report for duty, remain on duty or perform a safety-sensitive function, if the employee tests
positive for controlled substances.
Page 3
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amcndcd by Executive Order E 5"1 dated October 31, 1997) Rcviscd: Aprill8, 2006
An employee's use possession, sale or transfer of alcoliol durii'ig working liours or while the employee is on the
employer's premises, or operating tlie employer's veliicle, machinery or equipment is proliibited, witli tlie
following exceptions:
a.possession of alcohol while being transported in an employee's personal vehicle, with a clear lack of
intent to use in violation of the policy. No open bottle/can is a clear indication of lack of intent; or
b.possession, sale or transfer of alcohol is part of the employee's job duties.
No employee, while on duty, shall engage, attempt to engage, or conspire to engage in conduct which would
violate any law or ordinance concerning drugs or alcohol.
No employee shall use, possess, manufacture, sell or transfer drugs or drug paraphernalia while the employee is
working, on the employer's premises, or operating the employer's vehicle, machinery or equipment, except
pursuant to a valid medical reason.
11.An employee shall notify his/her immediate supervisor when taking prescription or non-prescription medications
that may lead to impairnnent, defined in Section A.8 of this document. h the event there is a question regarding
the effects of the type and/or prescribed dosage of said medication, clearance from a qualified physician may be
required.
12. Anemployeehasnorightorexpectationofprivacywithregardtocityvehicles,citypropertyandcityequipment
(lockers, desks, etc.).
PERSONS SUBJECT TO TESTING
Under FHWA's regulations the following employees are subject to testing under applicable sections of this policy: any
person who operates a commercial motor vehicle (CMV), as defined by FHWA. The employer will request or require an
employee to undergo drug or alcohol testing only under the circumstances described in this policy.
CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING
Pre-employment: All individuals whom the employer intends to hire or use, on a permanent or temporary basis,
as commercial motor vehicle drivers must be tested.
Random: The employer must conduct unannounced testing based on a random selection of employees, in
accordance with federal regulations. Selection is currently being conducted by the MRO, United Labs, Inc
Reasonable Suspicion: The employer may request or require an employee to undergo drug and/or alcohol
testing if the employer or any supervisor of the employee trained in tle detection of probable drug or alcohol use
directly observes an employee whose conduct or appearance is indicative of use of alcohol or contolled
substance, see Section E.
Page 4
64)
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (,%'tcndcd by Exccutivt:i Ordcr E 54 dated October 31, 1997) Rcvised: Aprill8, 2006
4.Post Accident: Following an accident involving a CMV, where there is loss of life or when employee receives a
citation under State or local law for a moving violation arising from the accident and if any person immediately
receives medical treatment away from the scene of the accident or if a vehicle incurs disabling damage requiring
it to be transported by tow tnick or other motor vehicle, the employee shall undergo drug and alcohol testing.
5.Return-to-duty: Where an employee has: had a test result of O.04 or greater for alcohol; or had a positive drug
test result; or been found to have violated Departmental Work Rules, defined in Sections B.1 through B.7, then
the employee shall not return to work until after undergoing return-to-duty tests indicating an alcohol
concentration of less than O.02 and a verified negative result for controlled substances.
6.Follow-up: Following a determination by a substance abuse professional that an employee is in need of
assistance in resolving problems with alcohol abuse and/or controlled substances use, after engaging in conduct
prohibited by DOT regulations, an employee shall be subject to unannounced follow-up alcohol and/or controlled
substances testing as directed by the substance abuse professional. At least 6 follow-up tests will be conducted
within the first 12 months upon return to duty and follow-up testing shall not exceed 60 months from the date of
employee's return to duty.
An employee shall be compensated for all time spent providing a breath sample or urine specimen, including travel time
to and from collection site, in order to comply with random, reasonable suspicion, post accident, or follow up testing.
E.DETERMINATION OF IMPAIRMENT OR BEING UNDER THE INFLUENCE DUE TO USAGF, OF
ALCOHOL OR DRUGS
As indicated in Section D.3 above, before an employer can request or require an employee to undergo drug and/or alcohol
testing, the employer must have a reasonable suspicion that the employee is impaired due to drug or alcohol usage or is
under the influence of drugs or alcohol. h general, a reasonable suspicion of impairment or being under the influence
exists when the employee displays characteristics of intoxication through words or actions, and may be coupled with
observable incompetent or inefficient job performance. The definition of impaired job performance is set forth in Section
A.8 of this policy.
Relevant observations of the employee's words and conduct that alone or in combination may indicate intoxication
include, but are not limited, to the following:
a. slurred of speech
b. disorientation
c. odor of alcohol on breath
d. unsteady gait or balance
e. glassy eyes
f. drowsiness
g. euphoria
h. mood swings
i. inattentiveness
3. excitement
k. irritability
1. aggressiveness
m. intoxicated behavior without odor
of alcohol
n. impaired job performance
All personnel involved in the determination of reasonable suspicion must immediately document any and all information
received, observations, and actions taken. All such reports must be forwarded to the Office of Human Resources.
Page 5
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amendcd by Exccutivc Ordcr E 5'l dated October 31, 1997) Revised: April 18, 2006
Further, supervisors of employees covered by this policy shall, as mandated by FHWA, annually attend training on the
determination of reasonable suspicion factors, a minimum of one hour on alcohol misuse and one hour on controlled
substances use, to cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use
of controlled substances.
F.PROCEDURE FOR TESTING
1.Notification form: Before requesting an employee to undergo drug or alcohol testing, the employer shall
provide the employee with a form on which the employee will:
a.acknowledge that the employee has seen a copy of the employer's dnig and alcohol testing policy.
b.indicate consent to undergo the drug and/or alcohol testing.
C.bring proof of identification (drivers license) to collection/test sites.
2.Collection facility consent form: The employee must also indicate consent to undergo the drug and alcohol
testing on any consent fornns provided by the collection facility taking the sample or breath alcohol technician
(BAT).
3.Test sample (drug): The test sample shall be obtained in a private setting, and the procedure for taking the
sample shall ensure privacy to employees to the extent practicable, consistent with the prevention of tampering
with the sample, and shall conform with applicable FHWA rules. All test samples shall be obtained by or under
the direct supervision of a health care professional.
4.Identification of samples: Each sample shall be sealed into a suitable container free of any contamination that
could affect test results, immediately label with a specimen identification number, initialed by the employee, and
dated by the person witnessing the sample.
5.Chain of custody: The employer shall maintain a written record of the chain of custody of the sample, ensure
proper handling thereof, and comply with the rules adopted by the FHWA pertaining to chain of custody.
6.Laboratory: All drug testing shall use the services of a testing laboratoiy certified by the Substance Abuse &
Mental Health Services Administration (SAMHSA), formerly NIDA, of the Department of Health and Human
Services (DHHS). However, no test shall be conducted by a testing laboratory owned and operated by the City of
Saint Paul.
7.Methods of analysis: The testing laboratory shall use methods of analysis and procedures to ensure reliable drug
and alcohol testing result, including standards for initial screening tests ad confirmatory tests. For a positive
alcohol test result using an EBT, a confirmation test shall be conducted no sooner than fifteen minutes after the
initial test. In all other cases, the method of analysis shall use immuno-chemical technology or
chromatography/mass spectromehy. Except where gas chromatography/mass spectrometry is not the
scientifically-accepted method of choice, the test must be confirmed by a method using some form of
chromatography.
Page 6
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended by Exccutivc Order E 54 dated Octobcr 31, 1997) Revised: April 18, 2006
Retention and storage: Retention and storage procedures shall comply with the rules adopted by the FIE-IWA.
All samples, except breath samples, from an initial screening test, that produced a positive-test result shall be
retained and properly stored for at least six (6) months.
MRO's employee contact: On a confirmed positive drug test MRO shall make a reasonable attempt to contact
employee to confirm circumstances and verify claims of prescribed medication. If A4R0 is unable to contact
employee, tl'ie MRO shall contact tlie employer's DOT representative wlio will direct the employee to contact tlie
MRO.
10. MRO report: The MRO shall prepare a written report indicating the drugs or their metabolites tested for, the
types of tests conducted, and whether the test produced negative or positive test results. The MRO shall disclose
the results to the employer within three (3) working days after obtaining the final test result.
11.The employer shall, within three (3) working days after receipt of test result report from MRO, notify the
employee of the results of random, reasonable suspicion, post-accident, retum-to-duty and follow-up tests for
controlled substances if the test results are verified positive. The employer shall also inform the employee which
controlled substances were verified positive.
RIGHTS OF EMPLOYEES
The right to request and receive from the employer a copy of the test result report.
Within seventy-two hours (72) after notice from the MRO of a positive drug test result, the right to request, in
writing to the MRO, a confirmatory retest of the original sample at the employee's expense at the original testing
laboratoiy or another DHHS-certified testing laboratoiy. In the event of a negative test result on requested retest
the costs for retest will then be borne by the employer.
If employee has not contacted the MRO within the seventy-two hours, as specified in Section G.2, the employee
may present to the MRO information documenting that a serious illness, injury or other circumstances
unavoidable prevented employee from timely contacting the MRO. If the MRO concludes there is a legitimate
explanation for failure to contact the MRO within 72 hours, the MRO may direct the retest as detailed in Section
G.2.
The right not be discharged, disciplined, discriminated, or requested or required to undergo rehabilitation on the
basis of a positive test result from initial screening test that has not been verified by a confirmatory test.
The right of employee who has been suspended without pay to be reinstated with back pay if the outcome of the
confirmatory test or requested confirmatory retest is negative.
The right not to be discharged, disciplined, discriminated, or required to be rehabilitated on the basis of medical
history information revealed to the employer concerning the reliability of, or explanation for, a positive test result
unless the employee was under an affirmative duty to provide the information before, upon, or after hire.
The right of access to information in the subject's personnel file relating to positive test result reports and other
information acquired in the drug and alcohol testing process, and conclusions drawn and actions taken based on
the reports or acquired information.
Page 7
J7'4
DRUG AND AICOHOL TESTING POLICY
12/30/94. (."mcndcd by Executive Order E 54 dated Octobcr 31, 1997) Rcvised: April 18, 2006
8.The right of an employee who had made a timely request for a confirmatory retest to suffer no adverse personnel
action if the confirmatory retest does not confirm the result of the original confirmatory test, using drug or
alcohol threshold detection levels as established for a confirmatory retest by FHWA regulations.
H.ACTION AFTER TEST
The employer will not discharge, discipline, discriminate, or request or require rehabilitation of an employee solely on
the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Where
there has been a positive test result in a confirmatory test and in any confirmatory retest, the employer will do the
following unless the employee has furnished a valid medical reason for the positive test result:
1.For alcohol test result indicating an alcohol content of O.02 or greater but less than O.04 the employee shall be
removed from duty for twenty-four hours following administration of the test. For a first or second offense the
employee would be permitted to use accumulated vacation, accumulated compensatory time or non pay for the
hours of work missed. For a third offense the employee shall be suspended without pay for one day and referred
to the employee assistance provider.
2.For an alcohol test result indicating an alcohol content of O.04 or greater, or a positive drug test, or violation of
Departmental Work Rules, defined in Sections B. 1 through B.7, the employee will be:
a.Removed from duty; and for a first positive test or work rule violation conducted under this policy, the
employee shall be suspended without pay for days, for a second positive test or work
rule violation the employee shall bc suspcndcd without pay for tan (10) days, and for a third poaitivc tcst
or worh rule violation thc cmploycc shall be discharged from employment; and
b.Following a first or accond positive test or work rule violation under this policy, referred for an
evaluation by a substance abuse professional. If that evaluation determines that the employee has a
chemical dependency or abuse problem, the employer will give the employee an opportunity to
participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan,
either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate as
determined by the employer after consultation with substance abuse professional. The employee shall
sign a release permitting the employer to monitor participation and compliance with counseling or a
rehabilitation program; and
C.Employees shall not be allowed to return to duty until they have:
1)been evaluated by a DOT qualified substance abuse professional;
2)completed any recommended treahnent;
Page 8
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (.cndcd by Exccutivc Ordcr E 54 dated October 31, 1997) Rcvised: April 18, 2006
3) taken a return to duty test with a negative drug test result and/or an alcohol test result indicating
an alcohol content of less than O.02 (During the time between a positive drug and/or alcohol test
or refusal and a negative return to duty test, the employee will be placed on leave status. Such
leave shall not exceed 120 calendar days. While on leave, the employee may use accrued
vacation and/or compensatory time prior to the use of any other leave. Once the vacation and/or
compensatory time is exhausted, the employee will either be placed on voluntary leave or leave
without pay status at the discretion of the department involved. Accrued sick leave and/ or
family medical leave may also be used during this leave period for inpatient treatment of
diagnosed chemical dependency.); and
d.The employer may discharge or recommend that the employee be discharged from employment if the
employee:
1)refuses to participate in a recommended counseling or rehabilitation program; or
2)fails to successfully complete the program, as evidenced by withdrawal from the program before
its completion; or
3)is unable to perform the duties of the job in question because of a positive test result on any
subsequent return-to-duty or follow-up testing after completion of the program; or
4)fails to successfully obtain a negative return-to-duty test within 120 days of the positive test, or
5)refuses to submit to an alcohol or controlled substances test. Refusal to submit means:
a)Failure to provide adequate breath or urine for alcohol testing and controlled substances
testing without a valid medical explanation after the employee has received notice of the
requirement for such testing; and/or
b)Engaging in conduct that clearly obstnicts the testing process including but not limited
to, not proceeding immediately to the collection site when notified or failure to sign any
consent, verification or chain of custody forms when requested; or
6)presents a direct threat to property or the safety of others, or is otherwise considered unable to
perform in good faith.
e.Violations of this policy which are more than ten years old shall not count as violations under Section H,
3.Other misconduct: Nothing in this policy limits the right of the employer to discipline or discharge an
employee on grounds other than a positive-test result in a confirmatory test.
Page 9
6-'77
DRUG AND AI,COHOL TESTING POLICY
12/30/94 (Amcndpd by Exccutivt:i Ordcr E 5'l dated October 31, 1997) Rcvised: April 18, 2006
I.DATA PRIVACY
The purpose of collecting a body component sample of breath or urine is to test that sample for the presence of drugs or
alcohol. A sample provided for drug or alcohol testing will not be tested for any other purpose. The name, initials and
social security number of the person providing the sample are requested so that the sample can be identified accurately
but confidentially. Information about medications and other information relevant to the reliability of, or explanation for,
a positive test result is requested to ensure that the test is reliable and to determine whether there is a valid medical reason
for any identified drug or alcohol in the sample.
All data collected, including that the notification form and the test report, is intended for use in determining the suitability
of the employee for employment. The employee may refuse to supply the requested data; however, refusal to supply the
requested data may affect the employee's employment status. The employer will not disclose the test result reports and
other information acquired in the drug or alcohol testing process to another employer or to a third party, individual,
governmental agency, or private organization without the written consent of the employee tested, unless required by law
or court order.
J.APPEALS PROCEDURES
1.Appeals of disciplinary actions taken pursuant to the drug and alcohol testing policy shall be as set forth in the
City of Saint Paul's Civil Service Rules.
2.An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that
agreement by contacting the appropriate bargaining unit and initiating grievance procedures in lieu of taking an
appeal to the Civil Service Commission.
IF YOU HAVE FURTHER QtJESTIONS REGARDING THIS POLICY, PLEASE CONT ACT:
John Shocklcy Jason Schmidt - Human Resources
(651) 266% 6503
G lSliai edlLRCOMMOI'NASONlMitclDnving changetlCDL DRUG POLICY-a doc
Page 10
3reen Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
rg4Q'l QC
Department/offk.e/councll: Datelnitiated:
t-iu -HumanResources 18-APR-06 Green Sheet NO: 3030442
Contact Person & Phone:
Jason Schmidt
266-6503
Must Be on Council Agenda by (Date):
ContractType:
EO-EXECLmVE ORDER
Assign
Number
For
Routing
Order
Department
IHuman Resources
IHuman Resources
5ity Atto(ney
kayor's Office
jCity Clerk
SentTo Person
I
Department Director
Initial/Date
04@a
I Mavor/Assistant
I
RECE!}}ED
AI="R ';' <.' l' 11U5
.0JT'V A-)!"Th=Q8:F"';Total#ofSlgnaturePages (ClipAllLocationsforSlgnature)
Action Requested:
Amend Executive Order #53 City of Saint Paul Employee Loss of Driving Privileges: Administrative Procedure and Executive Order #54
Dmg and Alcohol Testing Policy with revised language to more clearly define the timeline and reasons for discipline and/or discharge
of an employee holding a CDL.
Recommendations: Appmw (A) or Reject (R):
Planning Commission
CIB Committee
Ci41 Seruce Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/fimi ear worked under a contract for this department?
Yes No
2. Has this person/firm ewr been a city employee?
Yes No
3. Does this person/fimi possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Inltiatlng Problem, Issues, Opportunity (Who, What, When, Where, Why):
Existing Drug & Alcohol Testing policy and Administrative Procedure will be amended to define employee's timeline in securing CDI,
after loss and the change from three to two strikes for discharge. Changes are in response to revisions in State law affecting CDL
holders.
Advantages tfApproved:
Amended language more clearly defines process/procedures regarding discipline/discharge due to the loss of CDL priveleges and
provides a system for employees to retain employment eligibility if they can get their license reinstated.
Disadvantages tfApproved:
None
Disadvantages If Not Approved:
Process/Procedures will remain as is. Potential loss of well-qualified employees.
RECBVED
APR 21 200b
MAYOR'S OFRCE
'l
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
RECEflyED
A/)R24 2006
CIT7CLERK
April 18, 2006 7:26 PM Page 1
EXECUTIVE ORDER,
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
N-= €3 58
Date: ,") - ?;-O(p
l
2
3
4
5
6
Pursuant to the provisions of Minnesota Statutes, Section 473.604, I do hereby appoint
Patrick Harris, 1885 Bayard Avenue, Saint Paul, Minnesota 55116, a qualified voter of
the City of Saint Paul, to serve on my behalf as a member of the Metropolitan Airports
Corni'nission during my ternn of office as Mayor of the City of Saint Paul, effective
January 3, 2006.
Councilmember Harris has served as a board member and President of the Macalester-
Groveland Coinrnunity Council, is a current board member of the Saint Paul Riverfront
Corporation, and has worked for numerous other comi'nunity organizations to improve
Saint Paul's neighborhoods. In addition to serving on the City Council, Harris is a Vice
President at a local investment firm, where he is active in a number of professional
finance organizations.
13
Harris graduated from Cretin High School and received his Bachelor's Degree from
Marquette University. In addition, Harris has an M.B.A. from the University of
Minnesota's Carlson School of Management.
APPROVED T
Assistant City Attorney
Date
ent L)ir
ayor/Finance Director
+Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet +
Department/office/council:Date Initiated:
MO -Mayor's Offace 08-FEB-06 Green Sheet NO: 3029660
Contact Person & Phone:
Kris Fredson
266-8534
Must Be onCouncil Agenda by (Date):
Contra6t'Type:
EO-EXECUTIVE ORDER
ffl>
Asiigti
Number
For
Routing
Order
Department
fMayor's Office
hfayor's Office
k'ity Attorney
kayor's Office
5ity Clerk
Sent To Person
Department Director
Maynr/Assistant
Initial/Date
Total#ofSignaturePages (ClipAllLocationsforSignature)
Action Requested:
Executive Order signed by the Mayor irfforming the City Council of the Mayor's appointment of Councilmember Patrick Harris.Councilmember Patrick 8arris shall serve in the Mayor's stead as a member of the Metropolitan Airports Commission, effectiveJanuary 3, 2006 and serve during his term of office.
Recommendations: Approw (A), or Reject (R):
Planning.Commission
CIB Committee
Ci41 Ser4ce Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/fim'i ewr worked under a contract for this department?Yes No
2. Has this person/firm ewr been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by anycuwent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
">itiating Problem, Issues, Opportunity (Who, What; Qhen, Where, Why):
Advantages.lf Approved:
Disadvantages IfApproved:
i
:l"i S i 1 ,
Disadvantages If NotApproved:
Total Amount of
Transaction:
Fundlng Source:
Financial Infomiation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
RECEIVED
FEB 0 8 2000
CITYCLERK
Februaty 8, 2006 12:20 PM Page I
CITY OF SAINT PAUL
OFFICE OF THE MAYOR
EXECUTIVE ORDER
No:B--57
Date:kjcc<+lOi'-"':"f
EXECUTIVE ORDER,
WHEREAS, the Mayor and the City Corincil adopted the Workplace Conduct Policy, Council File
#95-654, affimiing the City's firm commitment to a supportive and respectful environment and providing a
clear statement of the City's policy in that regard; and
WHEREAS, tl'ie responsibility for investigating alleged complaints of said policy were the responsibility
of the Affimiative Action Director; and
WHEREAS, the Mayor has now assigned this responsibility to the Human Resources Director;
WHEREAS, the procedures were revised to clearly define the complaint reporting and investigation
procedures;
NOW THEREFORE BE IT ORDERED, by the Mayor, that the attached City of St. Paul Workplace
Conduct Complaint Reporting and Investigation Procedures be followed by all City Departments/Offices. This
procedure supersedes and replaces the PROCED{JRES FOR RESPONDING TO COMPLAINTS OF
BEHAVIOR IN VIOLATION OF THE WORKPLACE CONDUCT POLICY previously adopted by Executive
Order No. 51.
APPROVED AS TO FORM
D ugust 10, 2004
City of Saint Paul Workplace Conduct Policy
Complaint Reporting and Investigation Procedures
Procedures for Responding to Allegations of Behavior
in Violation of The Workplace Conduct Policy
GOAL
The goal of this complaint procedure is to enable city managers to promptly, fairly, and effectively respond to
complaints of discrimination, violence, harassment or offensive behavior in the workplace. This statement of
procedures is not intended by the City of Saint Paul to create a contract. The City reserves the unilateral right to
amend, rescind, and otherwise modify these procedures
DEFINITIONS
For the purpose of these procedures the term "Complainant" shall mean the person who is bringing the
complaint and "Respondent" is the person against whom the complaint has been brought.
COMPLAINT REPORTING
Any person who feels he or she is being subjected to discrimination, violence, harassment or offensive behavior
hall report the behavior to their supervisor, Department/Office Director, City Attorney, or the Human
Resources Director. In the case of violent behavior, the incident needs to be reported immediately.
In the context of the City of Saint Paul Workplace Conduct Policy and Complaint Reporting and Investigation
Procedures, discriminatory behavior only deals with the work environment and does not include alleged
discriminatory motivation in management decisions such as hiring, performance evaluation, job assignment,
promotion, or firing unless it is alleged that such management decisions are part of a pattern of harassment or
retaliation.
Employees may refer a complaint to a supervisor or Director in their Department/Office and request that the
supervisor or Department/Office Director take a leadership role in resolving the issue. The supervisor or
Director must complete an incident report and follow up accordingly even if the complaint is resolved without a
formal investigation.
The Department/Office Director and Human Resorirces Director will determine if an investigation is necessary
and assign an investigator. A Bargaining-Unit representative may sit in an interview (serving in a non-
participatory role) upon an employee's request.
-1-
COMPLAINT RECEIPT AND DOCUMENT ATION
A supervisor who la'iows, or has reason to know of discriminatory, violent or offensive behavior must take
action immediately to deal with the situation. The supervisor must do the following:
1.Ask the Complainant about the specific nature of the behavior, person (s) involved and time and
place of behavior. Ask if there have been any past problems, and determine the specifics of any
past problems. The supervisor/manager will document this information on the Incident Form.*
2.Determine whether the Complainant has any concern for his or her safety and, if so, take
appropriate steps to respond to the concem. In the case of violent behavior, inform the
Department or Office Director immediately and obtain emergency assistance, e.g. call police,
emergency medical persoru'iel, or building security as needed.
3.Inform the Complainant that the matter will be investigated and that retaliation will not be
tolerated.
4.Inform the Complainant that the supervisor should be informed immediately should any further
misbehavior or retaliation occur.
5.hiform the Department or Office Director of the situation. In the event that the Director is
implicated in the behavior, the supervisor should inform the Human Resources Director.
6.In tlie case of violent behavior, consult with the Department or Office Director and the Human
Resources Director regarding steps that should be taken to advise the Respondent of the
existence of the complaint and that retaliation will not be tolerated.
7.hi all other cases, inform the Respondent that the complaint has been brought, that it will be
investigated impartially, retaliation will not be tolerated, and infomi the Respondent of any other
restrictions regarding interactions with the Complainant.
DEPARTMENT OR OFFICE DIRECTOR
The Department or Office Director has the primary responsibility for enforcing the policy and procedure
regarding workplace conduct. As soon as the Director is notified about the discriminatory, violent or offensive
behavior, he or she or a designee, must respond immediately to the situation. In the event that a complaint is
made against a Director, a member of a board, or any other person appointed by the Mayor, the Mayor shall be
notified and shall perform the duties given to the Director under this procedure. The Director or a designee
must do the following:
1.Review the Incident Form* with the supervisor to obtain the facts of the complaint regarding the
persons involved, the nature of the behavior, and the time and place of the behavior.
-2-
Contact the Human Resources Director to determine whether the complaint is within the
jurisdiction of the Workplace Conduct Policy.
a. If no, processing of the complaint will not proceed further. The Department will be
responsible to resolve the matter and inform Human Resources of its outcome.
b. If yes, the Human Resources Director and Department Director will decide if an independent
investigator should be assigned or the investigation should be conducted by the Department. In
either case, the investigation should be conducted promptly and the report completed within
agreed upon time lines. In the event that an investigation is not completed within the agreed
upon time lines, the investigator shall provide the Human Resources Director and Department
Director with a status report stating a reason for the delay and projected,time of completion.
Confirnn that the safety concerns of the Complainant have been addressed. Many acts of
workplace violence are also criminal acts. In the case of violent behavior, make certain that
emergency assistance, as needed, has been obtained. This could include police, medical
treatment, building security or other assistance. If necessary, this may include relieving one or
both parties of their duties, with pay or without pay, pending the resolution of the complaint.
Ensure that the Human Resources Director advises the Complainant in writing about the
investigation, using the Notice to Complainant form, including the following:
The name of the investigator;
The dates of the investigation;
That the Complainant must cooperate with the investigation;
That the Complainant should contact the Director immediately about any concerns that
the investigator will not be fair and impartial; and
That the Complainant should inform the Director of any hostile or retaliatory acts that
may occur.
Ensure that the Human Resources Director advises the Respondent in writing about the
complaint and the investigation, using Notice to Respondent form, including the following:
The name of the investigator;
The dates of the investigation;
That the Respondent must cooperate with the investigation;
That the Respondent should contact the Director immediately about any concerns that the
investigator will not be fair and impartial; and,
That the Respondent is ordered to take no hostile or retaliatory actions.
-3
6.Receive the written report of the investigation. This should be done in a meeting with the
investigator and, if necessary, an Assistant City Attorney. Based on the result of the
investigation, the Director shall determine what, if any, action is necessary. If the investigation
substantiates that discriminatory, violent or offensive behavior occurred, the Director must take
reasonable steps to stop the behavior. These steps may include, without limitation, an apology,
transfer, direction to stop the behavior, counseling or training, oral or written warning,
suspension with or without pay, or termination The Director shall notify in writing, the Human
Resources Director of the results of the investigation, using the Investigation Results to HR
Director form including what, if any, action was taken.
7.Meet with the Complainant, separately from the Respondent, and advise him/her in writing,
using Investigation Results to Complainant form about the results of the investigation and that
appropriate action will be taken, if any. The Department Director shall direct the Complainant to
contact him/her regarding any hostile or retaliatory acts that may occur.
8.Meet with the Respondent, separately from the Complainant, and advise him/her in writing,
using Iiwestigation Results to Respondent form about the results of the investigation, including
action taken, if any. The Director shall direct the Respondent not to take any hostile or
retaliatory acts.
9.Contact the Complainant three months after the decision so as to confimi that the behavior has
stopped and that there have been no hostile or retaliatory acts. The Director shall notify the
Human Resources Director in writing, using the Three Month FOIIOW-11T) Report form of this
follow-up.
10.Copy the appropriate Assistant City Attomey on all communication relative to the complaint.
INVESTIGATION AND MONITORING
The Human Resources Director shall be responsible for monitoring the investigation of complaints and
departmental compliance with the policy and procedures goveming discrimination, violence, harassment or
offensive behavior in the workplace. The Human Resources Director shall notify the Mayor of any cases of
serious allegations of discrimination, including sexual and racial harassment. Upon completion of the
investigation the Mayor will be provided a summary review of the investigation prior to any employment action.
The Human Resources Director shall notify the Mayor of all cases of alleged violations of the policy by any
person in a position appointed by the Mayor including, but not limited to, Department and Office Directors and
members of boards and commissions.
The Department and Office Directors have the primary responsibility for enforcing the policy and procedure
regarding workplace conduct and shall contact the Human Resources Director to assign an investigator who
shall be responsible for investigation of complaints regarding this policy.
The investigator assigned to investigate such a complaint must possess the requisite knowledge, skills and
abilities to conduct the investigation in compliance with all provisions of this policy and procedure. Every
complaint and/or resolution of a complaint covered by this policy shall be reported to the Human Resources
Director by the Department and Office Director.
-4 -
The Human Resources Director may assign the investigation to another City department or an outside
investigator. The Human Resources Director, with input from the City Attomey's Office, shall be responsible
for proper training and supervision of the investigator. The investigator shall submit all notes and reports at the
completion of the investigation to the Department and Office Director from which the complaint arose.
The Human Resources Director shall monitor departmental compliance with the policy and procedures
regarding workplace conduct. This monitoring shall consist of reviewing case materials to determine if time
lines have been met and if follow-up has occurred. It shall also consist of maintaining city-wide statistical
records regarding compliance with the policy and procedures. An annual report containing aggregate data
gathered from the monitoring activities shall be maintained on file by the Office of Human Resources,
ELECTED OFFICIALS
The Mayor and City Council members are covered by this policy but, by virtue of their elected status, are not
subject to the ordinary disciplinary measures available to the City as an employer. No internal entity has the
authority to order remedial action when the Mayor or a Council member is the Respondent.
Consequently, all complaints of discriminatory, violent or offensive behavior allegedly committed by the Mayor
or by a Council member shall be referred to the Human Resources Director, who, in consultation with the City
Attorney, shall review the matter to determine whether the Complainant has any concem for his/her safety and,
if so, take appropriate steps to respond to the concern. Then the Human Resources Director shall:
1.Advise the Complainant that he/she has the option to refer this matter to the Minnesota
Department of Human Rights. If that course is chosen, the Complainant should contact the
Miru'iesota Department of Human Rights if any hostile or retaliatory acts occur.
2.The Human Resources Director shall inform the Respondent about the complaint, make an initial
investigation of the complaint, and attempt to facilitate a satisfactory resolution of the matter.
3.Advise the Complainant and the Respondent of the results of the investigation once the
investigation of the facts is completed.
4.hiform the Complainant again of his/her right to file a complaint with the Miru'iesota Department
of Human Rights if the Complainant is not satisfied with the conclusions of the investigation.
POLICE DEPARTMENT COMPLAINT PROCEDURES
The Police Department will investigate workplace conduct complaints for both sworn and non-sworn staff
within the Police Department. Office of Human Resources staff may act as a consultant to the assigned
investigator. The City of Saint Paul Workplace Conduct Policy shall apply in full. The Police Department shall
submit a copy of the Incident Form, hivestigation Results to HR Director and Three-Month Follow-up Report to
the Office of Human Resources.
Revised 8/04
-5
City of Saint Paul
Office of the Mayor No:E 5.!)
EXECUTIVE ORDER,
Pursuant to Chapter 3 of the Charter of the City of Saint Paul, this Executive Order establishes the
City's Billboard use by the City of Saint Paul.
Billboard advertising by the City of Saint Paul is discouraged.
Should billboard advertising be proposed for use, however, the City of Saint Paul shall use billboard
messaging or billboard advertising only with prior approval by the Mayor, and shall be consistent
with the following conditions:
* The public purpose and desired outcome will be clearly stated
* Budget authority will be included
* Reasons and justification as to why the availability of other advertising methods to disseminate
the information including other print or electronic media methods would be insufficient and/or
ineffective
a' Use will be in full conformance to all governing laws and regulations including comprehensive
sign ordinances and Section 66.214 of the Zoning Code.
Any questions regarding interpretation or this Order shall be referred to the Deputy Mayor.
APPROVED AS TO FORM
!M'ney
Date 8-7-o>
Mayo
City of Saint Paul
Office of the Mayor No:55
EXECUTIVE ORDER Date: 'Sas. R s 'oo Q
EXECUTIVE ORDER,
Pursuant to the provisions of Minnesota Statutes, Section 473.604, I do hereby
appoint Richard J. Long, 2285 Stewart Avenue, Saint Paul, Minnesota 55116, a
qualified voter of the City of Saint Paul, to serve in my stead as a member of the
Metropolitan Airports Commission during my term of office as Mayor of the City of
Saint Paul, effective January 1, 2002.
Richard J. Long has served on the Metropolitan Airport Commission since January 1,
1996 as former Mayor Norm Coleman's representative on the Metropolitan Airports
Cornrnission.
APPROVED AS TO FORM
Assistant City Attoi'ney
Date
Mayor
DEPARTMENT/OFFICE/COLINCIL
Mayor's Office
CONT ACT PERSON & PHONE
"2ennis Flaherty 68519
.. -aT BE ON COLINCIL AGENDA BY (DATE)
ACTION REQLIESTED
DATff INfflATED
1-8-02
A&llaN
IILIMOCR P)R
ROUTINa
ORDER
TOT AL # OF SIGNATURE PAGES
GREEN SHEET No 200020
L otpaanian omicron LJ CITY CaiaL
€aTYATTaRNff CfTYCl!RK€
€, rill ,€
€IIAYOR IOR AlmYAN'r)€
(CLIP ALL LOCATIONS FOR SIGNATURE)
Executive Order signed by the Mayor informing the City Council of the Mayor's
appointment of Richard J. Long. Mr. Long shall serve in the Mayor's stead as
a member of the Metropolitan Airports Commission, effective January 1, 2002.
Dick Long has served on the Metropolitan Airports Commission since
January 1, 1996.
RECOMMENDATION Approve (A) or Reject (R)
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
l'
INITIATING PROBLEM ISSLIE, OPPORTLINITY (Who, What, When, Where, Why)
PERSONAL SERVEE CONTRACTS MIIST ANSWER THE FOLLOWlNa QllESTIONSi
1. Has this personflirm ever worked under a wntrad for this department?
YES NO
2. Has this peraonflirm ever been a city employee?
YES NO
3. Does this pemonflirm posaess a mll not nomiallypoasemed by any cunent city employee?
YES NO
4. Is this person/fimi a targeted vendor?
Explain all yes answers on separate shset and attach to green sheet
ADVANTAGES IF APPROVED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOT APPROVED
TOT Al AMOUNT OF TRANSACTION $
PuNDINa S(XIRCE
NCIAL INFORMATTON (EXPLAIN)
l-
COIT/RfVE?UJE BuOafTEO (ClRCLff ONE)
ACTIVITY NtlMBER
YEI NO
City of Saint Paul
Office of the Mayor
No:
Date:
E-5q
10-3/ -q-i
EXECUTIVE ORDER
EXECUTIVE ORDER, Pursuant to Chapter 3 of the Charter of the City of Saint Paul, this Order
amends Executive Order E-49, dated January 5, 1995.
WHEREAS, Executive Order E-49 established a drug and alcohol testing policy for employees who
operate commercial motor vehicles as required by the Federal Highway Administration, and
WHEREAS, it has been determined that the policy needs to be amended to more clearly define the
employment status of affected employees between the time they have had a positive drug or alcohol test
and the time they obtain a negative return-to-duty test, and
WHEREAS, it has also been determined that the policy needs to be amended to more clearly define
reasons for discharging an employee under the policy, and
WHEREAS, it has additionally been determined that some of the language needs to be amended to
coincide with technical amendments to the Federal Highway Administration niles, now therefor be it
ORDERED,thattheaboveExecutive Order is hereby amended bythe attached September 1997, policy
update with changes reflected by strikeouts and underscoring.
A}rRO Vkl) AS TO FORM
Date
Mayor
DATE INITIATED
RECOMMENDATIONS: Approve (A) or Rejed (R)
PLANNING COMMISSION
CIB COMMITTEE
STAFF
DISTRICT COURT
SUPPORTS WHICH COUNCIL OBJECTIVE?
DISADVANT A(J,S IF NOT APPROVED:
See attachments
TOTAL AMOUNT OF TRANSACTION: $
FUNDING SOUR(J:
.rANCIAL INFORMATION: (EXPI,AIN)
F:lCIASSUOHNlCDLGS
OFFICE OF HUMAN RESOURCES
John Hamilton, Director
E-54
CrIY OF SAINT PAUL
Nom Coleman, Mayor
400 aty Hall Annex Telephone:
25 West Fourth Street TDDiTTY:
Saint Paul, Minnesota 55102-1631 Job line:
Facsimile:
612-266-6500
612-266-6501
612-266-6502
612-292-7656
CDL Drug Testing Policy Ampnr1mpntq
Attached is an executive order amending the City's policy complying with the Federal
Highway Administration niles and regulations regarding drug and alcohol testing for
employees who operate commercial motor vehicles. It was established by executive
order in January 1995. Several drafts and reviews of the policy have been made. The
final draft contains changes resulting from comments and suggestions made by a
committee of interested parties, department and office directors, the attorney's office,
affected bargaining units, and, finally, by risk management personnel. The following is
a summary of those changes:
Language was added clearly defining the status of an employee between the time
of a positive drug or alcohol test and a negative return to duty test. Now,
employees who are tested positive will be removed from duty and placed on
leave status for a period not to exceed 120 calendar days. This is consistent
with the maximum amount of time an employee could be in a chemical
dependency treatment program.
Amended language was also added clearly defining the reasons for discharge
under the policy. This includes failure to obtain a negative return to duty test
within 120 calendar days, and refusal to submit to an alcohol or controlled
substance test. Definitions of what constitutes a refusal were also included.
Such definitions are consistent with those in the Federal Highway
Administration Rules.
Other amendments were made to make the language consistent with the federal
rules and to make format improvements.
F:
E-5Ll
CITY OF SAINT PAUL EMPLOYEE DRUG AND ALCOHOL TESTING POLICY
FOR DRIVERS OF COMMERCIAL MOTOR VEHICLES
12/30/94 (Amended September 1997)
Use of drugs and abuse of alcohol is a nation wide problem. Persons of every age, race, sex and
ethnic group are affected. The use of drugs and abuse of alcohol poses risks to the health and
safety of the abuser as well as to others. The City of Saint Paul believes that a working
environment free of drug use and alcohol abuse is healthier, safer, more productive and a
condition desired by most employees and their families.
The City of Saint Paul recognizes the need to confront the problems and risks associated with
alcohol abuse and drug use in the workplace. Education serves an important role in the
prevention of drug use and alcohol abuse. There is also a need to identify work performance
problems related to drug use and alcohol abuse so that an employee may have the opportunity to
seek treatment and be retained for continued employment based on satisfactory job performance.
This policy follows Federal mandates and establishes clear standards concerning drugs and
alcohol, which drivers of commercial motor vehicles must meet. It also establishes a testing
procedure to ensure that those standards are met. This drug-and-alcohol-testing policy is
intended to conform to Federal Highway Administration (FHWA) regulations set forth in Title
49 of the Code of Federal Regulations (CFR) Parts: 382 "Controlled Substances and Alcohol
Use and Testing"; 391 "Qualifications of Drivers"; 394 "Notification and Reporting Accidents";
and 40 "Procedures for Transportation Workplace Drug Testing Program".
A.DEFINITIONS
1.Confirmation test For alcohol testing means a second test, following a
screening test with a result of O.02 or greater. For drug testing means a
second test, independent of the screening test, that uses a method of
analysis approved under FHWA guidelines as being reliable and accurate
for providing specific data as to the drugs or their metabolites detected in
an initial screening test.
2. Commercial Motor Vehicle means any vehicle that:
a. has a gross combination weight rating of 26,001 or more pounds
inclusive of a towed unit with a gross vehicle weight rating of more than
10,000 pounds; or
b. has a gross vehicle weight rating of 26,001 or more pounds; or
c. is designed to transport 16 or more passengers, including the driver; or
d.is of any size and is used in the transportation of materials found to be
hazardous for the purpose of the Hazardous Materials Transportation
Act and which requires the motor vehicle to be placarded under
Hazardous Materials Regulation.
E-5L/
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 2
Drug and alcohol testing, drug or alcohol testing, and drug or alcohol
test Analysis of a body component sample approved under FE-IWA
guidelines, including breath and ue, for the purpose of meastu'tng the
presence or absence of drugs, alcohol or their metabolites in the sample
tested.
EBT (evidential breath testing device) An EBT approved by the National
Highway Traffic Saie'ff administration (NHTSA) for evidential testing of
breath and placed on NHTSA's "Conforming Products List of Evidential
Breath Measurement".
Employee A person, independent contractor or person working for an
independent contractor who perfonns services for the City of Saint Paul
for compensation, in whatever form, who are required to operate a CMV
in the performance of their duties, but excluding all persons subject to
the testing policy established under General Order 230.30 of the Saint
Paul Police Department Manual.
7. Employer The City of Saint Paul acting through a department head or
any designee of the department head.
8. Impairment due to drug or alcohol use A positive test result is regarded
as impairment under this policy.
9. Initial screening test A drug or alcohol test that uses a method of
analysis approved by the FHWA as being capable of providing data as to
general classes of drugs, alcohol or their metabolites.
10. Medical Review Officer (MRO) A licensed physician responsible for
receiving laboratory results generated by the employers drug testing
program and who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual's
positive test result together with employee's medical history and any
other relevant biomedical information.
11. Positive test result A finding of the presence of alcohol, drugs or their
rnetabolites in the sample tested in levels at or above the threshold
detection levels set by the FHWA. The presence of alcohol, drugs or their
metabolites at or above the following levels, as may be amended by
FHWA standards, shall be considered to be a positive test result:
DRUG AND AI,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 3
Alcohol (EBT)
Amphetamines
Cocaine Metabolite
Opiates
Codeine, Morphine
6 monoacetyl Morphine
PCP (Phencyclidine)
THC Metabolite
0.02
500
150
300
3
25
(Delta-9-tetrahydrocannabinol-
9-carboxylic acid) 15
[-5=-/
grams per 210 liters of breath
nanograrns per milliliter
nanograrns per milliliter
nanograrns per milliliter
nanograrns per milliliter
nanograms per milliliter
nanograms per milliliter
12. Reasonable suspicion A basis for forming a belief based on specific facts
and rational inferences drawn from those facts. Scc :ubscction Section
E for determination factors.
13. Safety sensitive function(s) Means any on-duty time, includes all time
from-time employee begins work to time he/she is relieved from work
and all responsibility for performing work to include; inspecting,
servicing or conditioning any motor vehicle; time loading or unloading a
vehicle, supervising or assisting in the loading or unloading.
14. Valid medical reason When meeting one of the following conditions:
a. Based on a written prescription or an oral prescription reduced to
writing that names the employee as the person for whose use it is
intended; or
b. The drug was prescribed, administered and dispensed in the
course of professional practice by or under the direction and
supe:tvision of a physician; and
c.The drug was used in accord with the terms of the prescription
and the physician has advised the employee that the substance
does not adversely affect the employees ability to safely operate a
CMV. Use of any over-the-counter medication, in accord with the
terms of the product's directions for use, shall also constitute a
valid medical reason. Except, on over-the -counter cough synip
without alcohol only shall constitute a valid medical reason.
Employee has an ongoing obligation to notify their immediate supervisor when
taking prescription drugs or over the counter which may affect their ability to
perform a safety sensitive position.
E-5q
DRUG AND AI,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 4
DEPARTMENTAL WORK RULES
An employee, covered by this policy, may be subject to discipline, including the
possibility of termination, for violation of the following work rules:
1. No employee shall report for duty or remain on duty requiring the
performance of safety-sensitive functions while having an alcohol
concentration of O.04 or greater.
No employee shall use alcohol while performing safety-sensitive
function;.
3-}. No employee shall perform safety sensitive functions within four hours
after using alcohol.
46. An employee involved in a vehicular accident, as defined in Section D.4.,
while driving a CMV shall not use alcohol within eight hours following
the accident, or until they have undergone a post-accident alcohol test,
whichever occurs first.
No employee shall refuse to submit to a drug and/or alcohol test
required under this policy.
. No employee shall report for duty or remain on duty requiring the
performance of safety sensitive f'unctions when the-emplovee uses any
controlled substances, E-except pursuant to a valid medical reason, as
described in Section A. 14, no employee ahall be impaircd due to drug or
alcohol u:sagc, or undcr the influcncc of any drug or alcohol while thc
cmploycc is worlg, on the cmploycr's premise:, or opcrating the
employer's vehicle, machincry or cquipmcnt,
78-. No employee shall report for duty, remain on duty or perform a safety-
sensitive runction, if the employee tests positive for controlled
substances. gl cmployccs must notify thcir immediate supervisor of any
criminal drug statute conviction or traffic alcohol rclatcd driy"ing offcnsc
tvithin thirty (30) days aftcr such conyiction or citation.
s'-. An employee's use possession, sale or transfer of alcohol dug working
hours or while the employee is on the employer's premises, or operating
the employer's vehicle, machinery or equipment is prohibited, with the
following exceptions:
w such usc or pos,scaaion i,a pur:iuant to a valid mcdical prcscription;
er
ab. possession of alcohol while being transported in an employee's
E-5L/-
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 5
personal vehicle, with a clear lack of intent to use in violation of
the policy. No open bottle/can is a clear indication of lack of
intent; or
be. possession, sale or transfer of alcohol is part of the employee's job
duties.
9'7-. No employee, while on duty, shall engage, attempt to engage, or conspire
to engage in conduct which would violate any law or ordinance
concerning drugs or alcohol.
114. An employee shall notify his/her immediate supervisor when taking
prescription or non-prescription medications that may lead to
impairment, defined in Section A.8 of this document. In the event there
is a question regarding the effects of the type and/or prescribed dosage
of said medication, clearance from a qualified physician may be required.
c.PERSONS SUBJECT TO TESTING
Under FHWA's regulations the following employees are subject to testing under
applicable sections of this policy: any person who operates a commercial
motor vehicle (CMV), as defined by FHWA. The employer will request or
require an employee to undergo drug or alcohol testing only under the
circumstances described in this policy.
IIowcvcr, no cmploycc will be tcstcd for drugs or alcohol undcr this policy
without thc cmploycc':s conscnt, with the following prottsion:s:
-h Right to rcfusc Employcc:s havc the right to rcfusc to undergo drug
and/or alcohol tcsting. If an employee rcfu:scs to undergo drug or
alcohol tcsting rcquc:tcd or rcquircd by thc employer, no ,auch tcst shall
be given. A rcfusal to tcst will bc considered a positivc tcst (for alcohol
this shall be con:idcrcd a result of O.04 or grcatcr) and thc cmploycc w"ill
be rcmovcd from driv"ing or other aafcty ,sen,sitivc functions.
'. Conscqucnccs of refusal If any employee refuse: to undergo drug or
alcohol tc:sting rcqucstcd or required by thc cmploycr, thins shall lcad to
admini:trativc/di:ciplinary action dccmcd appropriate by the cmploycr,
E-5L7
DRUG AND AI,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 6
based upon grounds of insubordination and consideration that rcfuaal is
rcgardcd aa a po:itivc tc:t (3CC Section II of this policy).
D.CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING
1. Pre-employment All individuals whom the employer intends to hire or
use, on a permanent or temporary basis, as commercial motor vehicle
drivers must be tested.
2. Random The employer must conduct unannounced testing based on a
random selection of employees, in accordance with federal regulations.
Selection is currently being conducted by the MRO, United Labs, Inc.
3.Reasonable Suspicion The employer may request or require an employee
to undergo drug and/or alcohol testing if the employer or any supervisor
of the employee trained in the detection of probable drug or alcohol use
directly observes an employee whose conduct or appearance is indicative
of use of alcohol or controlled substance, see Section E.
4.Post Accident Following an accident involving a CMV, where there is loss
of life or when employee receives a citation under State or local law for a
moving violation arising from the accident and if any person immediately
receives medical treatment away from the scene of the accident or if a
vehicle incurs disabling damage requiring it to be transported by tow
truck or other motor vehicle, the employee shall undergo drug and
alcohol testing.
5. Return-to-duty Where an employee has; had a test result of O.04 or
greater for alcohol; or had a positive drug test result; or been found to
have violated Departmental Work Rules, defined in subsection Scctions
B. 1 through B.76, then the employee shall not retum to work until after
undergoing return-to-duty tests indicating an alcohol concentration of
less than O.02 and a veiied negative result for controlled substances.
6. Follow-up Following a determination by a substance abuse professional
that an employee is in need of assistance in resolving problems with
alcohol abuse and/or controlled substances use, after engaging in
conduct prohibited by DOT regulations, an employee shall be subject to
unaru"iounced follow-up alcohol and/or controlled substances testing as
directed by the substance abuse professional. At least 6 follow-up tests
will be conducted within the first 12 months upon return to duty and
follow-up testing shall not exceed 60 months from the date of employee's
retum to duty.
An employee shall be compensated for all time spent providing a breath sample
or urine specimen, including travel time to and from collection site, in order to
DRUG AND AI,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 7
E-5'-/
comply with random, reasonable suspicion, post accident, or follow up testing.
E.DETERMINATION OF IMPAIRMENT OR BEING UNDER THE INFLUENCE
DUE TO USAGE OF ALCOHOL OR DRUGS
As indicated in Section D.3 above, before an employer can request or require
an employee to undergo drug and/or alcohol testing, the employer must have a
reasonable suspicion that the employee is impaired due to drug or alcohol
usage or is under the influence of drugs or alcohol. In general, a reasonable
suspicion of impairment or being under the influence exists
when the employee displays characteristics of intoxication through words or
actions, and may be coupled with observable incompetent or inefficient job
performance. The definition of impaired job performance is set forth in Section
A.8 of this policy.
Relevant observations of the employee's words and conduct that alone or in
combination may indicate intoxication include, but are not limited, to the
following:
a. slurred of speech
b. disorientation
c. odor of alcohol on breath
d. unsteady gait or balance
e. glassy eyes
f. drowsiness
g. euphoria
h. mood swings
i. inattentiveness
3. excitement
k. irritability
1. aggressiveness
m. intoxicated behavior without odor
of alcohol
n. impaired job performance
All personnel involved in the determination of reasonable suspicion must
immediately document any and all information received, observations, and
actions taken. All such reports must be forwarded to the Office of Human
Resources.
Further, supervisors of employees covered by this policy shall, as mandated by
FHWA, annually attend training on the determination of reasonable suspicion
factors, a minimum of one hour on alcohol misuse and one hour on controlled
substances use, to cover the physical, behavioral, speech and performance
indicators of probable alcohol misuse and use of controlled substances.
F.PROCEDURE FOR TESTING
1. Notification form Before requesting an employee to undergo drug or
alcohol testing, the employer shall provide the employee with a form on
which the employee will:
E 5=4
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 8
a. acknowledge that the employee has seen a copy of the employer's
drug and alcohol testing policy.
b.indicate any ovcr thc counter or prcscription mcdications that the
cmploycc is currcntly talmg or has rcccntly (tt"ithin the last
month) talccn and aiiy other information relevant to the reliability
of, or cxplanation for, a positivc test rc:gult; and
be. indicate consent to undergo the drug and/or alcohol testing.
ed-. bring proof of identification (picture i.d. drivers license) to
collection/test sites.
Me Collection facility consent form The employee must also indicate
consent to undergo the drug and alcohol testing on any consent forms
provided by the collection facility taking the sample or breath
alcohol technician (BAT).
Test sample (drug) The test sample shall be obtained in a private setting,
and the procedure for taking the sample shall ensure privacy to
employees to the extent practicable, consistent with the prevention of
tampering with the sample, and shall conform with applicable FHWA
rules. All test samples shall be obtained by or under the direct
supervision of a health care professional.
Identification of samples Each sample shall be sealed into a suitable
container free of any contamination that could affect test results,
immediately label with a specimen identification number, initialed by the
employee, and dated by the person witnessing the sample.
Chain of custody The employer shall maintain a written record of the
chain of custody of the sample, ensure proper handling thereof, and
comply with the rules adopted by the FHWA pertaining to chain of
custody.
Laboratory All drug testing shall use the services of a testing laboratory
certified by the Substance Abuse & Mental Health Services
Administration (SAMHSA), formerly NIDA, of the Department of Health
and Human Services (DHHS). However, no test shall be conducted by a
testing laboratory owned and operated by the City of Saint Paul.
7. Methods of analvsis The testing laboratory shall use methods of analysis
and procedures -to ensure reliable drug and alcohol testing result,
including standards for initial screening tests ad confirmatory tests. For
E-5=-1
DRUG AND Al,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 9
a positive alcohol test result using an EBT, a confirmation test shall be
conducted no sooner than fifteen minutes after the initial test. In all
other cases, the method of analysis shall use irnmuno-chemical
technology or chromatography/mass spectrometry. Except where gas
chromatography/mass spectrometry is not the scientifically-accepted
method of choice, the test must be confirmed by a method using some
form of chromatography.
Retention and storage Retention and storage procedures shall comply
with the rules adopted by the FHWA. All samples, except breath
samples, from an initial screening test, that produced a positive-test
result shall be retained and properly stored for at least six (6) months.
MRO's employee contact On a confirmed positive d:nig test MRO shall
mal<e a reasonable attempt to contact employee to confirm
circumstances and verify claims of prescribed medication. If MRO is
unable to contact employee, the MRO shall contact the employer's DOT
representative who will direct the employee to contact the MRO.
10. MRO report The MRO shall prepare a written report indicating the drugs
or their metabolites tested for, the types of tests conducted, and whether
the test produced negative or positive test results. The MRO shall
disclose the results to the employer within three (3) working days after
obtaining the final test result.
11. The employer shall, within three (3) working days after receipt of test
result report from MRO, notify the employee of the results of random,
reasonable suspicion, post-accident, return-to-duty and follow-up tests
for controlled substances if the test results are veiied positive. The
employer shall also inform the employee which controlled substances
were verified positive.
RIGHTS OF EMPLOYEES
1. The right to request and receive from the employer a copy of the test
result report.
Within seventy-two hours (72) after notice from the MRO of a positive
drug test result, the right to request, m writing to the MRO, a
confirmatory retest of the original sample at the employee's expense at
the original testing laboratory or another DHHS-certified testing
laboratory. In the event of a negative test result on requested retest the
costs for retest will then be borne by the employer.
3. If employee has not contacted the MRO within the seventy-two hours, as
E-5L/-
DRUG AND AI,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 10
specified in Section G.2, the employee may present to the MRO
information documenting that a serious illness, injury or other
circumstances unavoidable prevented employee from timely contacting
the MRO. If the MRO concludes there is a legitimate explanation for
failure to contact the MRO within 72 hours, the MRO may direct the
retest in as detailed in Section G.2.
4.The right not be discharged, disciplined, discinated, or requested or
required to undergo rehabilitation on the basis of a positive test result
from initial screening test that has not been vefflied by a confirmatory
test.
5. The right of employee who has been suspended without pay to be
reinstated with back pay if the outcome of the confirmatory test or
requested confirmatory retest is negative.
6.The right not to be discharge, disciplined, discinated, or required to
be rehabilitated on the basis of medical history information revealed to
the employer concerning the reliability of, or explanation for, a positive
test result unless the employee was under an affirmative duty to provide
the information before, upon, or after hire.
7.The right of access to information in the subject's personnel file relating
to positive test result reports and other information acquired in the drug
and alcohol testing process, and conclusions drawn and actions taken
based on the reports or acquired information.
8.The right of an employee who had made a timely request for a
confirmatory retest to suffer no adverse personnel action if the
confirmatory retest does not confirm the result of the original
confirmatory test, using drug or alcohol threshold detection levels as
established for a confirmatory retest by FHWA regulations.
H.ACTION AFTER TEST
The employer will not discharge, discipline, discinate, or request or require
rehabilitation of an employee solely on the basis of a positive test result from
an initial screening test that has not been veiied by a confirmatory test.
Where there has been a positive test result in a confinnatory test and in any
confirmatory retest, the employer will do the following unless the employee has
furnished a valid medical reason for the positive test result:
1.For alcohol test result indicating an alcohol content of O.02 or greater
but less than O.04 the employee shall be removed from duty for twenty-
four hours following administration of the test. For a first or second
offense the employee would be permitted to use accumulated vacation,
E-5'l
DRUG AND AJ,COHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 11
accumulated compensato:ty time or non pay for the hours of work
missed. For a third offense the employee shall be suspended without
pay for one day and referred to the employee assistance provider.
2. For an alcohol test result indicating an alcohol content of O.04 or greater,
or a positive drug test, or violation of Departmental Work Rules, defined
in Sections B. 1 through B.7, the employee will be:
Removed from aafcty acnsitivc function ; and e. Hor a first
positive test or work rule violation conductcd under this policy, the
employee shall be suspended without pay for three (3) days, for a
second positive test or work rule violation the employee shall be
suspended without pay for ten (10) days, and for a third positive
test or work rule violation the employee shall be discharged from
employment; and
Following a first or second positive test or work rule violation
under this policy, &eferred for an evaluation by a substance
abuse professional. If that evaluation determines that the
employee has a chemical dependency or abuse problem, the
employer will give the employee an opportunity to participate in, at
the employee's own expense or pursuant to coverage under an
employee benefit plan, either a drug or alcohol counseling or
rehabilitation program, whichever is more appropriate as
determined by the employer after consultation with substance
abuse professional. The employee shall sign a release permitting
the employer to monitor participation and compliance with
counseling or a rehabilitation program
dC. Employees shall not be allowed to return to safety sen:sitivc
dmy until they have:
l)Employcc has bcen evaluated by a DOT qualified substance
abuse professional;
2) ecompleted any recommended treatment;
3)'Ptaken a return to duty test with a negative drug test result
and/or an alcohol test result indicating an alcohol content of
less than O.02 (Dug the time between a positive drug
and/or alcohol test or refusal and a negative return to duty
test, the employee will be placed on leave status. Such leave
shall not exceed 120 calendar days. While on leave, the
employee may use accrued vacation and/or compensatory
time prior to the use of any other leave. Once the vacation
and/or compensatory time is exhausted, the employee will
E-5'-1
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 12
either be placed on voluntary leave or leave without pay
status at the discretion of the department involved. Accrued
sick leave and/ or family medical leave may also be used
during this leave period-for inpatient treatment of diagnosed
chemical dependency.);arid
% Subjcct to required follow up testing.
d. The employer may discharge or recommend that the employee be
discharged from employment if the employee:
1) refuses to participate in a recommended counseling or
rehabilitation program; or
2) fails to successfully complete the program, as evidenced by
withdrawal from the program before its completion; or
is unable to perform thc safety acnaitivc functions duties of
the job in question because of a positive test result on any
subsequent return-to-duty or follow-up testing after
completion of the program; or
41 fails to successfully obtain a negative return-to-duty test
within 120 days of the positive test, or
refuses to submit to an alcohol or controlled substances
test. Refusal to submit means:
Failure to provide adequate breath or ue for alcohol
testing and controlled substances testing without a
valid medical explanation after the employee has
received notice of the requirement for such testing:
and/or
!21 Engagty in conduct that clearly obstructs the testine
process inauding but not limited to, not proceeding -
immediately to the collection site when notified or
failure to sign any consent, verification or chain of
custody forms when requested; or
ffl presents a direct threat to property or the safety of others, or
is otherwise considered unable to perform in good faith.-
employer may diachargc or rccommcnd that thc cmploycc be
dischargcd from cmplo)"mcnt: and
E-5'-1
DRUG AND ALCOHOL TESTING POLICY
12/30/94 (Amended September 1997)
Page 13
3. Other misconduct Nothing in this policy limits the right of the employer
to discipline or discharge an employee on grounds other than a positive-
test result in a confirmatory test.
I.DATA PRIVACY
The purpose of collecting a body component sample of breath or ue is to test
that sample for the presence of drugs or alcohol. A sample provided for drug
or alcohol testing will not be tested for any other purpose. The name, initials
and social security number of the person providing the sample are requested
so that the sample can be identified accurately but confidentially. Information
about medications and other information relevant to the reliability of, or
explanation for, a positive test result is requested to ensure that the test is
reliable and to determine whether there is a valid medical reason for any
identified drug or alcohol in the sample.
All data collected, including that the notification form and the test report, is
intended for use in determining the suitability of the employee for employment.
The employee may refuse to supply the requested data; however, refusal to
supply the requested data may affect the employee's employment status. The
employer will not disclose the test result reports and other information
acquired in the drug or alcohol testing process to another employer or to a
third party, individual, govemmental agency, or private organization without
the written consent of the employee tested, unless required by law or court
order.
J.APPEALS PROCEDURES
1. Appeals of disciplinary actions taken pursuant to the drug and alcohol
testing policy shall be as set forth in the City of Saint Paul's Civil Service
Rules.
2.An employee who is covered by a collective bargaining agreement may
elect to seek relief under the terms of that agreement by contacting the
appropriate bargaining unit and initiating grievance procedures in lieu of
taking an appeal to the Civil Service Commission.
F:l CHG
City of Saint Paul
Office of the Mayor
No:
Date:
E-53
10-3i-'-7
EXECUTIVE ORDER
EXECUTIVE ORDER, Pursuant to Chapter 3 of the Charter of the City of Saint Paul, this
Executive Order establishes administrative procedures to be followed when City employees lose their
driving privileges and a valid driver's license is a minimum qualification of their job classification.
WHEREAS, many Cityjob classes require that employees possess a valid driver's license in a specific
State of Minnesota Department of Public Safety Driver's License Classification; and
WHEREAS, the driving privileges of some City employees are sometimes suspended, revoked or
canceled because of the employees' convictions of or guilty pleas to various driving offenses; and
WHEREAS, the result of such situations is that such employees can no longer drive wile employed
by the City and consequently do not meet the minimum requirements of their job; now therefore be
it
ORDERED, that the City of Saint Paul hereby establishes the attached administrative procedures
regarding job retainrnent in the event a City employee has driving privileges suspended, revoked or
canceled and possession of a valid driver's license is a minimum qualification of the employee's job
classification.
APPROVED AS TO FORM
ASSistant City orney
Date
Mayor
E-53
City of Saint Paul Employee Loss of Driving Privileges Administrative Procedure
In the interest of preserving, for a limited time, an employee's job when the employee has a driver's
license of any type suspended, revoked or canceled, and to establish uniformity in addressing such a
situation, all City employees, with the possible exception of those employees with a bonafide medical
condition which may be grounds for an exemption, will be subject to the following:
1.If an employee loses driving privileges and possession of a license is a minimum requirement of
the employee's job classification, the City will insist that the employee comply with the job
reqwement.
2.It is the employee's responsibility to immediately notify their supervisor of the loss of driving
privileges. Ifanemployeefailstonotifytheirsupervisortheywillbesubjecttodisciplinaiy
action. IfanemployeedrivesaCityvehiclewithoutavaliddriver'slicense,theywillbesubject
to immediate termination from City employment. Such termination will also apply to any City
employee who drives a personal vehicle without a valid driver's license in the performance of
their City job duties.
3.It is the employee's responsibility for regaining the license and not the City's. Therefore, the
employee must, at the employee's expense and on personal time, resolve the issue with the
District Court or Department of Public Safety. Obtaining a permit to drive for work purposes
only, in the driver's license class required by the minimum qualifications of the employee's job
classification, qualifies as meeting those minimum requirements.
4.Management, upon being made aware of the loss of an employee's license, shall send the
employee a letter stating that the employee will be put on leave status for a period, not to exceed,
120 calendar days. The 120 day calendar period shall begin as of the date on wich the state
cancels, suspends, or revokes the employee's license. The employee's union representative will
be sent a copy of the letter. During the 120-day period no accrued sick leave may be used.
However, accnied vacation and/or compensatory time may be used. Once such time is
exhausted, the employee will be placed on a leave without pay status.
5.Ifthe employee's driving privileges are restored within the 120 calendar day period, the
employee may returri to work with fiill pay effective the date of such return subject to layoffs or
other staffing reductions.
6.Ifthe employee cannot resolve the license problem within the 120 calendar day period, the
employee will be terminated from City employment.
7.Extensions may only be granted at the discretion of the department involved for reasons beyond
the employee's control. The reasons shall be limited to delays caused by State administrative
procedures or the court system.
8.Voluntary reduction to a position in a lower classification with minimum qualifications not
requiig a driver's license, is at management's discretion under the Civil Service rules. This is
an option that may be discussed with the deparhnent involved. However, such a reduction
must be to a vacant position and cannot result in the displacement of another employee.
DATE INITIATED
10/10/97
MUST BE ON COUNCIL A(J,NDA BY (DATE)
ASSIGN
NTTMBER
FOR
ROUTING
GREEN SHEET
[AIE
PF,RSONAL SERVI(J CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONSi
1. Hasthispergon/firmeverworkedunderacontractforthisdepartment?
Yes No
2. Has this persor!firm ever been a city employee?
Yes No
3. Doesthigpersor!finnpossessaskillnotnomiallyposgessedbyanycurrentcity
employee? Yes No
Explain all yes aers on separate sheet and attach to green sheet
ffl
OFFICE OF HUMAN RBSOURCES
John Hatnilton, Director
E-53
CITY OF SAINT PAUL
Norm Coleman, Mayor
aO aty Hall Atmex
25 West Fourth Street
SaintPaul,Minnesota 55102-1631
Telephone:
mD/7TY:
Job line:
Facsimile:
612-266-6500
612-266-6501
612-266-6502
612-292-7656
Loss of Driving Privileges Administrahve Procedures
Attached is an executive order establishing uniform administrative procedures to be followed
when City employees lose their driving privileges and possession of a valid driver's license is a
minimum qualification of their job classification. The loss of driving privileges administrative
procedures replace the attached administrative guidelines that were not uniformly followed by
departments and offices. The guidelines were not established by executive order of the Mayor.
Several drafts and reviews of these procedures have been made. The final draft contains changes
resulting from comments and suggestions made by a committee of interested parties, department
and office directors, the attorney's office, affected bargaining units, and, finally, by risk
management personnel. The following is a summary of those changes:
The Administrative Guidelines needed to be amended because they were not being
uniformly applied by all departments and offices. Consequently, having procedures
established by order of the Mayor should establish uniformity.
Language was added clearly defining an employee's responsibility to notify the supervisor
immediately of the loss of driving privileges and the consequences for not doing so being
disciplinary action.
Language was added clearly stating that the consequences of operating a City vehicle or
personal vehicle in the performance of one's job without a valid driver's license will be
immediate termination.
A clearer statement of the employee's responsibilities for regaining their license was
added as well as a clear indication that a work permit is acceptable for meeting minimum
job requirements
The amount of time an employee will be placed on leave status, pending the reinstatement
of driving privileges, was extended from 60 days to 120 days. This was done because the
minimum waiting period for a second alcohol violation on record is 90 days before one
can apply for a work permit. This 120 day time period appears reasonable given
variances in waiting periods assigned by the courts and the administrative issuance of
permits.
Language clearly stating that there is no absolute guarantee of a job after an employee has
regained their license within the 120 day period was inserted. Just as in any other return
from leave situation, such return will be subject to layoff and other staffing reductions.
F:lCLASSVOHNlLODP.SUM
aty of Saint Paul
Administrative Guidelines
E-53
IOSS OF DRIVING PRIVILEGES
ISSUE
Many of the City of Saint Paul civil sernce job titles require that the employee possess a
Class A or B driver's license, commonly called a 'commercial driver's license". Other
titles require possession of a Class C license which is the regular driver's license. (State
of Minnesota or equivalent out of state license).
Urfortunately for some aty employees, those licenses are sometimes suspended, revoked
or cancelled because of the person's conviction or guilty pleas to various driving offenses.
As a result, an employee in such a situation can no longer lawfully drive while employed
by the City and does not meet the minimum qualifications of the job.
GUIDEIINES
In the interest of preserving, for a limited time, an employee's job when the employee
has a driver's license of any type suspended, revoked or cancelled, and to establish
uniformity in addressing such a situatior4 all aty employees, with the possible exception
of those employees with a bonafide medical condition which may be grounds for an
exemption, will be subject to the following:
1. If an employee loses driving privileges and possession of a license is a
requirement of the employee's job, the responsibility for regaining the
license is the employee's and not the City's.
2.The employee must at the employee's expense and on personal time settle
the issue by utilizing a private attorney or urffon business representative as
may be needed to resolve the issue with the District Court or Department
of Public Safety.
3.Management, upon being made aware of the loss of an employee's license,
shall send the employee a letter advising the employee that the employee
will be put on leave without pay status for 60 calendar days. The person's
job is not lost, but no pay will be drawn until the loss of a driver's license
issue is settled within the 60 day period of time. The employee's union will
also be advised. Vacation and/or compensatory time may be used during
this 60 calendar day period.
4.If the employee's driving privileges are restored within 60 days, the
employee may return to work with full pay effective the date of return to
work,
E-53
Policy Regarding Loss of Driving Privileges
Page 2
5. If the employee cannot resolve the license problem, then termination
proceedings will be commenced at the expiration of the 60 calendar day
time period.
6. Extensions shall be granted only in exceptional circumstances at the
discretion of the department. Such circumstances shall include only
bonafide delays in either administrative procedures or the court system.
In order to possibly continue City employment, it is permissible for an
employee to explore a voluntary reduction. Although voluntary reduction
to a lower title shall be discretionary under Civil Service Rule 16.D,
Voluntary Reduction, no employee shall continue in his or her present or
reduced title if minimum qualifications including the holding of any driver's
license are not met.
Adopted February 1995
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:
Date:
. E-52
1l-l'4'l5
EXECUTIVE ORDER,
Pursuant to the provisions of Minnesota Statutes, Section 473.604, I
do hereby appoint Richard J. Long, 2285 Stewart Avenue, Saint Paul,
Minnesota 55116, a qualified voter of the City of Saint Paul, to
serve in my stead as a member of the Metropolitan Airports Commission
during my term of office as Mayor of the City of Saint Paul, effective
January 1, 1996.
Richard Long replaces Nick Mancini, who has tendered his resignation.
APPROVED AS TO FORM
Assistant City A
"'Date 1'2/(w{t<
/ 2 2 () - 9 )
orney
Mayor
DEPARTMENT/OFFICE/COUNCIL
Mayor Coleman's Office
CONTACT PERSON & PHONE
Roger Curtis 266-8531
' IUST BE ON COUNCIL AGENDA BY (DATE)
a&i"lli' l'a'l' -
TOTAL # OF SIGNATURE PAGES l
ACTION REQUESTEDi
DATE INITIATED
12-19-95
IWffl>
GREEN SHEET
INITI.'.LIDAT[€[EPARTMENT DIRECTOR
[2]CITY ATTORNEY
@BUDGET DIRECTOR
r'i .I M AYOR (OR ASSISTANT)
NE 31620
INITIAUDATE -
11CITY COUNCIL
I]CITY CLERK
BFIN. & MGT. SERVICES DIR.
€
(k;LIP ALL LOCATIONS FOR SIGNATURE)
Executive Order signed by the Mayor informing the, City Council of the Mayor's nomination
tof Richard J. Long. Mr. Long shall serve in the Mayor s stead as a member of the
Metropolitan Airports Commission, effective January 1, 1996. Dick Long replaces Nick Mancini.
RECOMMENDATIONS: Approve (A) or Reject (R)
PLANNING COMMISSION CML SERVICE COMMISSION
CIB COMMITTEE
STAFF
DISTRICTCOURT
SuPPORTS WHICH COUNCIL OBJECTIVE?
PERSONAL SERVICE CONTRACT8 MUST ANSWER THE FOLLOWING QUE8T10NS:
1. Has this person/firm ever worked under a contract for this department?
YES NO
2. Has this person/firm ever been a city employee?
YES NO
a. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPF'ORTUNITY (Who, What, When, Where Why):
ADVANTAGES IF APPROVED:
() F- (a'y, @: r.' 1,li.:"!.,%",;:i'4,:
D18AOVANTAGES IF APPROVEDi
D18ADVANTAGES IF NOT APPROVED:
RECEIVED
DEC 2 7 1995
CITY CLERK
TOTAL AMOUNT OF TRANSACTION
FUNDII!a SOURCE
FINANCIAL INFORMATION: (EXPLAIN)
s COST/REVENUE BuDGETED (CIRCLE ONE)
ACTIVITY NUMBER
YES NO
dW
City of Saint Paul
Office of the Mayor No: L 5 !
EXECUTIVE ORDER Date: {,, /14- -95
EXECUTIVE ORDER,
WHEREAS, each City employee is part of an active and progressive City government
that is committed to providing responsive and efficient senrice to Saint Paul citizens. The City
provides a variety of quality semces through the dedication and hard work of each City
employee; and
WHEREAS, the Mayor and Council believe that a supportive and respectful work
environment is important. It is essential that every citizen and fellow employee be treated with
dignity and consideration. Creating and sustaining such an environment produces successful,
productive employees who in turn treat citizens with respect and provide better customer
services; and
WHEREAS, based on these beliefs, the Mayor and Council values:
a supportive and respectful work environment for City employees,
a diverse and representative work force that mirrors the citizens we serve,
a workplace where employees and citizens are treated fairly, equitably, and non-
judgmentally,
appreciation, acknowledgment, and acceptance of individual differences, and
employees and supen4sors/managers who take responsibility for modeling
appropriate behavior and assuring respectful behavior of others.
WHEREAS, the Mayor and Council adopted the Workplace Conduct Policy , Council
File C F )k OlSa - (> 5 g , updating the City's firm commitment and providing a clear
statement of the City's policy in this regard;
NOW THEREFORE BE IT ORDERED, by the Mayor that the attached PROCEDS
FOR RESPONDmG TO COMPIAINTS OF BEHAVIOR IN VIOIATION OF THE
WOI?'T,ACF, CONDUCT POLICY be followed by all City Departments. This supersedes and
replaces the REPORTING, INVESTIGATION AND TRAINING PROCEDURES FOR THE
SEXUAL HARASSMENT POLICY OF THE CIIY OF SAINT PAUL, previously adopted by
Executive Order.
Date
TO FORM
Mayor
!E' 57
PROCEDURES FOR RESPONDING TO COMPLAINTS OF BEHAVIOR
IN VIOLATION OF THE WORKPLACE CONDUCT POLICY
GOAL
The goal of this policy is to enable management to promptly, fairly, and effectively
respond to complaints of discriminatory, violent or offensive behavior by clearly delineating the
duties of each manager. This statement of procedures is not intended by the City of Saint Paul
to create a contract. The City of Saint Paul reserves the unilateral right to amend, rescind, and
otherwise modify these procedures.
DEFnSJITIONS
For the purpose of these procedures the term "complainant" shall mean the person who
is bringing the complaint and "respondent" is the person against whom the complaint has been
brought.
SUPERVISOR RECEIVING THE COMPLAINT
A supervisor who knows, or has reason to know of discriminatory, violent or offensive
behavior must take action immediately to deal with the situation. The supervisor must do the
following:
1. Ask the complainant for the specifics of the persons involved, the nature of the
behavior, and the time and place of the behavior. Ask if there have been any past
problems, and determine the specifics of any past problems.
2. Determine whether the complainant has any concern for his or her safety; and if
so, take appropriate step to respond to the concern. In the case of violent behavior,
obtain emergency assistance as needed. This could include police, medical treatment,
building security or other assistance. If violent behavior, inform department or office
director immediately.
3. Inform the complainant that the matter will be investigated and that no retaliation
will be tolerated.
4. Inform the complainant that the supervisor should be informed immediately should
any further misbehavior or retaliation occur.
5. Inform the department or office director of the situation. In the event that the
director is implicated in the behavior, the supervisor should inform the Affirmative
Action Director.
6. In the case of violent behavior, consult with the department or office director and
the Affirmative Action Director on what steps should be taken to advise the person
against whom the complaint has been brought of the existence of the complaint.
1
E 5 I
7. In all other cases, inform the respondent that the complaint has been brought,
that it will be investigated impartially, and that in the meantime, there is to be no contact
with the complainant.
DEPARTMENT OR OFFICE DIRECTOR
The director has the primary responsibility for enforcing the policy and procedure
regarding workplace conduct, As soon as the director is notified about the discriminatory,
violent or offensive behavior he or she or a designee must respond immediately to the situation.
In the event that a complaint is made against a director, a member of a board, or any other
person appointed by the Mayor, the Mayor shall perform the duties given to the director under
this procedure. The director or a designee must do the following:
1. Obtain from the supervisor the specifics of the complaint regarding the persons
involved, the nature of the behavior, and the time and place of the behavior.
2. Contact the Affirmative Action Director, by phone to arrange the appointment and
scheduling of an investigator. This should be confirmed in writing using form H 001.
The investigation should be completed and the written report received promptly. The
Affirmative Action Director shall be responsible for the investigation of complaints.
3. Confirm that the safety concerns of the complainant have been addressed. Many
acts of workplace violence are also criminal acts. In the case of violent behavior, make
certain that emergency assistance as needed has been obtained. This could include
police, medical treatment, building security or other assistance. If necessary, this may
include relieving one or both parties of their duties, with pay, pending the resolution of
the investigation.
4. Advise the complainant in writing, using form H 002, about the investigation,
including the following:
the name of the investigator;
the dates of the investigation;
that the complainant must cooperate with the investigation;
that the complainant should contact the director immediately about any concerns
that the investigator will not be fair and impartial; and
that the complainant should inform the director of any hostile or retaliatory acts
that may occur.
2
E 5/
5. Advise the respondent in writing, using form H 003, about the complaint and the
investigation, including the following:
the name of the investigator;
the dates of the investigation;
that the respondent must cooperate with the investigation;
that the respondent should contact the director immediately about any concerns
that the investigator will not be fair and impartial; and
that the respondent is ordered to take no hostile nor retaliatory actions.
6. Receive the written report of the investigation. This should be done in a meeting
with the investigator, and if necessary, an assistant city attorney. Based on the results
of the investigation, the director shall determine what, if any action, is necessary. If the
investigation substantiates that discriminatory, violent or offensive behavior occurred, the
director should take reasonable steps to stop the behavior, which may include without
limitation an apology, transfer, direction to stop the behavior, counselling or training,
verbal or written warning, suspension with or without pay or termination. The director
shall notify the Affirmative Action Director in writing using form H 004, of the results
of the investigation, including what, if any, action was taken.
7. Advise the complainant in writing, using form H 005, about the results of the
investigation, including action taken, if any. The director shall inform the complainant
to contact the director of any hostile or retaliatory acts that may occur.
8. Advise the respondent in writing, using form H 006, about the results of the
investigation, including action taken, if any. The director shall direct the respondent not
to take any hostile nor retaliatory acts.
9. Conmct the complainant three months after the decision to confirm that the
behavior has stopped and that there have been no hostile nor retaliatory acts. The
director shall notify the Affirmative Action Director, in writing, using form H 007, of
this follow-up.
10. Copy the appropriate assistant city attorney on all communications relative to the
complaint.
rESTIGATION AND MONITORmG
The Affirmative Action Director shall be responsible for investigation of complaints and
monitoring departmental compliance with the policy and procedures governing discriminatory,
3
E 5/
violent or offensive conduct. The Affirmative Action Director shall notify the Mayor of all
cases of alleged violations of the policy by any person in a position appointed by the Mayor,
including, but not limited to department heads and members of boards and commissions.
Human Rights shall provide the investigator. The Affirmative Action Director, with
input from the City Attorney's Office, shall be responsible for proper training and supervision
of the investigator. All notes and reports of the investigator, at the completion of the
investigation, shall be submitted to the department or office from which the complaint arose.
The Affirmative Action Director shall monitor departmental compliance with the policy
and procedures regarding discriminatory, violent or offensive conduct. This monitoring shall
consist of reviewing case materials to determine if time lines have been met and if follow-up has
occurred. It also consists of maintaining city-wide statistical records, on a departmental basis,
regarding compliance with the policy and procedures
ELECTED OFFICIALS
The Mayor and City Council members, by virtue of their elected status, are not subject
to the ordinag disciplinary measures available to the City of Saint Paul as an employer. No
internal entity has the authority to order remedial action when the Mayor or a Council member
is the respondent. Consequently, all complaints of discriminatory, violent or offensive behavior
allegedly committed by the Mayor or by a Council member shall be referred immediately to the
Affirmative Action Director, who in consultation with the City Attorney, shall immediately
review the matter to determine whether the complainant has any concern for his or her safety;
and if so, take appropriate steps to respond to the concern. Then the Affirmative Action
Director shall:
1. Advise the complainant that the complainant has the option to refer this matter to
the Minnesota Department of Human Rights, and that the complainant should contact the
Minnesota Department of Human Rights if any hostile or retaliatory acts occur.
2. The Affirmative Action Director shall inform the respondent about the complaint,
make an initial investigation of the complaint, and attempt to facilitate a satisfactory
resolution of the matter.
3. Once the investigation of the facts is completed the Affirmative Action Director
shall advise the complainant and the respondent of the results of the investigation.
4. If the complainant is not satisfied with the conclusions of the investigation, they
will again be informed of their right to file a complaint with the Minnesota Department
of Human Rights.
4
L 57
ASSIGNMENT OF INVESTIGATOR
Form H 001
HAND DELIVERED
TO:(investigative office)
FROM:(department or office director)
DATE:
RE:COMPLAINT OF (name of complainant)
This memo is to confirm our telephone conversation today in which we agreed that (name
of investigator) is assigned to investigate the above-referenced complaint. The investigation will
be conducted on (dates) and a written report will be given to me on (date). I will make all
necessary personnel available so that these time lines can be met. If any problems develop,
(name of investigator) can contact me directly.
cc:Gerald Hendrickson, Office of City Attorney
5
E-6-/
NOTICE TO COMPLAINANT
Form H 002
HAND DELIVERED
TO:(name of complainant)
FROM:(department or office director)
DATE:
RE:COMPLAmT OF (name of complainant)
This memo is to advise you that (name of investigator) is assigned to investigate the
above-referenced complaint. The investigation will be conducted on (dates) and a written report
will be given to me on (date). Based on the results of that investigation, I will determine what
action is appropriate
If you have any concern that (name of investigator) will not conduct a fair and impartial
investigation notify me immediately.
You are to cooperate with the investigation, appear for your interview, and answer all
questions truthfully.
The investigation will be conducted as discreetly as possible. You are directed not to
discuss this situation, except with (name of investigator) until the investigation is complete.
The City of Saint Paul does not tolerate offensive or discriminatory behavior, and it does
not tolerate any retaliation towards one who complains about such behavior. Should either of
these occur at any time, please let me know so that I can respond and stop it.
cc: Gerald Hendrickson, Office of City Attorney
6
(-51
NOTICE TO RESPONDENT
Form H 003
HAND DELIVERED
TO:(name of respondent)
FROM:(department or office director)
DATE:
RE:COMPLAINT OF (name of complainant)
This memo is to advise you that I have received information concerning the alleged
violation on your part of the City's Workplace Conduct Policy. (Name of investigator) is
assigned to investigate this matter. The investigation will be conducted on (dates) and a written
report will be given to me on (date). Based on the results of that investigation, I will determine
what action is appropriate
If you have any concern that (name of investigator) will not conduct a fair and impartial
investigation notify me immediately.
You are to cooperate with the investigation, appear for your interview, and answer all
questions truthfully.
The investigation will be conducted as discreetly as possible. You are directed not to
discuss this situation, except with (name of investigator) until the investigation is complete.
You are also directed to have no contact whatsoever with (name of complainant) until the
investigation is complete. The City of Saint Paul does not tolerate retaliation towards anyone
who complains about offensive or discriminatory behavior. You are directed to take no
retaliatory or hostile action towards (name of complainant).
cc: Gerald Hendrickson, Office of City Attorney
7
E-St
NOTICE TO A[TIVE ACTION DIRECTOR
Form H 004
TO: Pamela Kelly, Affirmative Action Director
FROM:(department or office director)
DATE:
RE:COMPLAINT OF (complainant)
My review of the results of the investigation leads me to conclude that the complaint should be
(substantiated)(unsubstantiated)
If substantiated, disciplinary action taken:
Dates for follow-up:
cc: Gerald Hendrickson, Office of City Attorney
8
,!," 51
(date)Form H 005
(complainant)
RE: Complaint regarding Workplace Conduct Policy
Dear
On (date) you informed us of certain behavior by (name of respondent) which lead to an
investigation under the City's Workplace Conduct Policy. That investigation was completed on
(date). My review of the results of the investigation leads me to conclude that the complaint
should be (substantiated)(unsubstantiated). (if substantiated [As a result (name of respondent)
has received (description of the discipline), and he was directed that the behavior must stop.
He was also directed not to take any hostile or retaliatory action towards you.])
The City of Saint Paul does not tolerate offensive, violent, or discriminatory behavior, and it
does not tolerate any retaliation towards any who complain about such behavior. Should either
of these occur at any time, please let me know so that I can respond and stop it. Also I will
contact you three months from now to make sure you have not suffered any such behavior.
Sincerely
(department or office director)
cc: Gerald Hendrickson, Office of City Attorney
9
(date)Form H 006 E- 5/
(respondent)
Re: Complaint regarding Workplace Conduct Policy
Dear
On (date) I became aware of allegations of behavior on your part which, if true, would violate
the City Workplace Conduct Policy. This lead to an investigation that was completed on (date).
My review of the results of the investigation leads me to conclude that the complaint should be
(substantiated)(unsubstantiated)
(if substantiated: I find that you did the followirtg: [description of the behaviorl.
Based on this finding I have detemined that [description of disciplined.
[Infom resporuient of any procedural rights he or she may have under civil service, collective
bargaining agreemergts, or veteran's preferencel.
Further, you are directed that this behavior must stop, or more serious discipline, irgcluding
temination, may occur. )
The City of Saint Paul does not tolerate offensive, violent or discriminatory behavior, and it
does not tolerate any retaliation towards any who complain about such behavior. You are
directed not to take any hostile or retaliatory action towards (complainant).
Sincerely
(department or office director)
cc: Gerald Hendrickson, Office of City Attorney
- 10 -
E-S/
REPORT TO AFFIRMATIVE ACTION DIRECTOR
Form H 007
TO:Pamela Kelly, the Affirmative Action Director
FROM:(department or office director)
DATE:
RE:COMPLAINT OF (complainant)
This is the report concerning the three month follow-up of the above-referenced complaint. On
, (n, spoke with the complainant. (He)(She) stated that the offensive behavior
(has)(has not) stopped. (He)(She) also stated that there (has)(has not) been any hostile or
retaliatory conduct.
(If there has been firther misbehavior, the director should describe the behavior, and describe
the actions taken to stop the behavior. )
cc: Gerald Hendrickson, Office of City Attorney
11
City of Saint Paul
Office of the Mayor No:E- 50
EXECUTIVE ORDER Date:5-'/-Q5
EXECUTIVE ORDER,
EXECUTIVE ORDER, whereas, Section 8.B. l.d. of the Saint Paul Civil
Service Rules provides that the Directors of the Affirmative Action Division and the
Director of the Human Rights Department shall agree on an Open Opportunity
Program Action Plan/Affirmative Action Plan to be submitted to the Mayor for
review and approval, and
WHEREAS, the Directors of the Affirmative Action Division and the Human Rights
Department have submitted the attached Open Opportunity Program Action Plan/Affirmative
Action Plan to the Office of the Mayor for review and approval, therefore it is,
ORDERED, that in accordance with the provisions of Section 8.B.l.d. of the
Saint Paul Civil Service Rules the Mayor hereby approves the attached Plan as the
City's Open Opportunity Program Action Plan/Affirmative Action Plan.
Date Data C;ikti4
Mayor
DEPARTMENT/OFFICE/COUN(,IL
Affirmatiye Action
CONTACTPERSON&PHONE Hay').Pamela B, Kelly 266-6475
IST BE ON COUNCIL AGENDA BY (DATE)
DATE INITIATED
5/1/95
FIOUTING
OFIDEFI
GREEN SHEET N? 35108
INITlAuOATC
[2]r EPARTMENT DIRECTOR
JCITY ATTORNEY
@BUDGET DIRECTOR
[5MAYOR (OR ASSISTANT)
[CITY COUNCIL INITIAUDATE
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
IACTION REOuESTED:
Signature for the adoption of the Open Opportunity Program Action Plan/Affirmative ActionPlan.
RECOMMENDATIONS: Approve (A) or Reject (R)
PLANNING COMMISSION CML EiEFIVICE COMMISSION
CIB COMMITTEE
% STAFF
% DISTRICT COURT
SUPPORT8 WHICH COuNC:IL OBJEC:TIVE?
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWINCi QUE8T10NS:
1. Has this person/firm ever worked under a contract fot this depattment?
YES NO
2. Has this person/flrm ever been a city employee?
YES NO
3. Does this person/Tirm possess a skill not normally possessed by any current city employee?
YES NO
Explaln all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who, Whal When, Where Why):
The City of Saint Paul was without an Open Opportunity Program Action P1an since 1989.
ADVANTAGE8 IF APPROVED:
rhe City of Saint Paul's need for an Open Opportunity Program Action Plan/AffirmativeAction P1an wi11 be met,
D18ADVANTAGES IF APPROVEDi
None,RECEIVED
MAY - 4 1995
CITY CLERK
DISADVANTAGES IF NOT APPFIOVED:
TOTAL AMOUNT OF TRANSACTION $
PUNDli4a SOuRCF
FINANCIAL INFORMATION: (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE)
ACTMTY NUMBER
YES NO
City of Saint Paul
Office of the Mayor
NO: l - # 9
Date: / - 5 - "'75;
EXEC[ffIVE ORDER
EXECUTIVE ORDER, Pursuant to Chapter 3 of the Charter of Saint Paul, this Executive
Order establishes policy and procedures for drug and alcohol testing of City of Saint Paul
employees who operate commercial motor vehicles.
WHEREAS, the Federal Highway Administration (FHWA) has enacted rules and
regulations requiring local government practices and policies to test employees in safety
sensitive positions for drugs and alcohol;
WHEREAS, the use of drugs and alcohol is a nationwide problem;
WHEREAS, persons of every age, race, sex, and ethnic group are affected;
WHEREAS, the City of Saint Paul believes that a working environment free of drug use
and alcohol abuse is heakhier, safer, more productive and a condition desired by most
employees and their families; now therefore be it
ORDERED, that the City of Saint Paul hereby establishes the attached policy that will test
employees who operate commercial motor vehicles for drugs and alcohol in
compliance with the FHWA mandate; copies of which shall be available at the following
locations: Department/Office Director's Offices in the Office of Human Resources,
Department of Public Works, Saint Paul Water Utility, City Attorneys Office and the
Division of Parks and Recreation.
APPROVED AS TO FORM
Assistant City orney
Date t[z[q5
Mayor
DEPARTMENT/OFFICE/COUNCIL
Office of Humpn Resources
CONTACT PERSON & PHONE
' Vred Owusu 266-6514
(/ST BE ON COUNCIL AGENDA BY (DATE)
TOTAL # OF SIGNATURE PAGES 1
AC:TION REOuESTED:
Approval-of Executive Order
RECOMMENDATIONS: Approve (A) or Reiect (R)
CIVIL SERVICE COMMISSION PLANNING COMMISSION
CIB COMMITTEE
STAFF
+ DISTRICT COURT
SuPPORTS WHICH COUNCIL OBJECTIVE?
DATE INITIATED
12/13/94
NE 29748
INITIAUDATE -
OCITY COUNCIL
[]CITY CLERK
11FIN. & Ma'r: SERVICES DIR.
€
(CLIP ALL LOCATIONS FOR SIGNATURE)
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this person/firm ever worked under a contract for this department?
YES NO
2. Has this person/Tirm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by any currsnt city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM. ISSUE, OPPDRTLINITY (Who. What, When, Where Why):
On February 15, 1994 the federal government published regulations which mandate drug and
alcohol testing programs for "safety sensitive" employees in the motor carrxer, mass
transit, aviation and railroad industries. The regulations are mandatory and contain
numerous changes which supersede state law that allows optional drug and alcohol testing
in the workplace. For organizations, like Saint Paul, with 50 or more safety sensitive
drivers these procedures must be in place by January 1, 1995.
IVANTAGES IF APPROVED:
Compliance with the federal mandate.
IOISADVANTAGES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
.,,.1')(,i ,t g :. ! "
,8 ('3 Th99"-3
'.lAl,la af'(ij;-,..! L, } '" (" : ;. ' -
'R'y:"i..,{o"fll"7j"l'!'i/E'(.':)
Non-compliance with the federal mandate and the possibility of fines.
TOTAL AMOUNT OF TR ANSACTION $
FuNDlWCi SOURCF
FINANCIAL INFORMATION: (EXPLAIN)
-O-
COST/REVENUE BUDGETED (CIRCLE ONE)
ACTIVITY NUMBER
YES NO
dtv
E -'-tg
CITY OF SAINT PAUL EMPLOYEE DRUG AND ALCOHOL TESTING POLICY
FOR DRIVERS OF COMMERCIAL MOTOR VEHICLES
12/30/94
Use of drugs and abuse of alcohol is a nation wide problem. Persons of every age, race, sex
and ethnic group are affected. The use of drugs and abuse of alcohol poses risks to the
health and safety of the abuser as well as to others. The City of Saint Paul believes that a
working environment free of drug use and alcohol abuse is healthier, safer, more
productive and a condition desired by most employees and their families.
The City of Saint Paul recognizes the need to confrorit the problems and risks associated
with alcohol abuse and drug use in the workplace. Education serves an important role in
the prevention of drug use and alcohol abuse. There is also a need to identify work
performance problems related to drug use and alcohol abuse so that an employee may
have the opportunity to seek treattnent and be retained for continued employment based
on satisfactory job performance
This policy follows Federal mandates and establishes clear standards concerning drugs and
alcohol, which drivers of commercial motor vehicles must meet. It also establishes a
testing procedure to ensure that those standards are met. This drug-and-alcohol-testing
policy is intended to conform to Federal Highway Administration (FHWA) regulations set
forth in Title 49 of the Code of Federal Regulations (CFR) Parts: 382 "Controlled Substances
and Alcohol Use and Testing"; 391 "Qualifications of Drivers"; 394 "Notification and
Reporting Accidents"; and 40 "Procedures for Transportation Workplace Drug Testing
Program"
A. DEFINITIONS
1. Confirmation test For alcohol testing means a second test, following a screening test
with a result of O.02 or greater. For drug testing means a second test, independent of
the screening test, that uses a method of analysis approved under FHl/VA guidelines
as being reliable and accurate for providing specific data as to the drugs or their
metabolites detected in an initial screening test.
2. Commercial Motor Vehicle means any vehide that:
a. has a gross combination weight rating of 26,001 or more pounds inclusive of a
towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
b. has a gross vehicle weight rating of 26,001 or more pounds; or
c. is designed to transport 16 or more passengers, including the driver; or
d. is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation Act and
which requires the motor vehicle to be placarded under Hazardous Materials
Regulation.
3. % Any substance (other than alcohol) that is a controlled substance as definedCFR Parts 391 and 40.
E-!g
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 2
4. Drug and alcohol testing, drug or alcohol testing, and drug or alcohol test Analysis
of a body component sample approved under FHWA guidelines, including breath
and urine, for the purpose of measuring the presence or absence of drugs, alcohol or
their metabolites in the sample tested.
5. EBT (evidential breath testing device) An EBT approved by the National Highway
Traffic Safety Administration (NHTSA) for evidential testing of breath and placed
on NHTS%s "Conforming Products List of Evidential Breath Measurement".
6. Employee A person, independent contractor or person working for an independent
contractor who performs services for the City of Saint Paul for compensation, in
whatever form, who are required to operate a CMV in the performance of their
duties, but excluding all persons subject to the testing policy established under
General Order 230.30 of the Saint Paul Police Department Manual.
7. d The City of Saint Paul acting through a department head or any designee
of the department head.
8. Impairment due to drug or alcohol use A positive test result is regarded as
impairment under this policy.
9. Initial screening test A drug or alcohol test which uses a method of analysis
approved by the FHWA as being capable of providing data as to general classes of
drugs, alcohol or their metabolites.
10. Medical Review Officer (MROi A licensed physician responsible for receiving
laboratory results generated byathe employers drug testing program and who has
knowledge of substance abuse disorders and has appropriate medical training to
interpret and evaluate an individual's positive test result together with employee's
medical history and any other relevant biomedical information.
11. Positive test result A finding of the presence of alcohol, drugs or their metabolites
in the sample tested in levels at or above the threshold detection levels set by the
FHWA. The presence of alcohol, drugs or their metabolites at or above the
following levels, as may be amended by FHWA standards, shall be considered to be a
positive test result:
Alcohol (EBT)
Amphetamines
Cocaine Metabolite
Opiates
Codine, Morphine
6 monoacetyl Morphine
PCP (Phencyclidine)
THC Metabolite
0.02
500
150
300
3
25
grams per 210 liters of breath
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
nanograms per milliliter
(Delta-9-tetrahydrocannabinol-
9-carboxylic acid) 15 nanograms per milliliter
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 3
E-'-ig
12. Reasonable suspicion A basis for forming a belief based on specific facts and rational
inferences drawn from those facts. See subsection E for determination factors.
13. Safety sensitive function(si Means any on-duty time, includes all time from time
employee begins work to time he/she is relieved from work and all responsibility
for performing work to include: inspecting, servicing or conditioning any motor
vehicle; time loading or unloading a vehicle, supervising or assisting in the loading
or unloading.
14. Valid medical reason When meeting one of the following conditions:
a. Based on a written prescription or an oral prescription reduced to writing which
names the employee as the person for whose use it is intended; or
b. The drug was prescribed, administered and dispensed in the course of
professional practice by or under the direction and supervision of a physician;
and
c. The drug was used in accord with the terms of the prescription and the physician
has advised the employee that the substance does not adversely affect the
employees ability to safely operate a CMV. Use of any over-the-counter
medication, in accord with the terms of the product's directions for use, shall
also constitute a valid medical reason. Except, on over-the-counter cough syrup
without alcohol only shall constitute a valid medical reason.
Employee has an ongoing obligation to notify their immediate supervisor when
taking prescription drugs which may affect their ability to perform a safety
sensitive position.
B. DEPARTMENTAL WORK RULES
An employee, covered by this policy, may be subject to discipline, including the
possibility of termination, for violation of the following work rules:
1. No employee shall perform safety sensitive functions within four hours after using
alcohol.
2. Except pursuant to a valid medical reason, as described in A.14., no employee shall
be impaired due to drug or alcohol usage, or under the influence of any drug or
alcohol while the employee is working, on the employer's premises, or operating
the employer's vehicle, machinery or equipment.
3. No employee shall use, possess, manufacture, sell or transfer drugs or drug
paraphernalia while the employee is working, on the employer's premises, or
operating the employer's vehicle, machinery or equipment, except pursuant to a
valid medical reason.
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DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 4
4. An employee shall notify his/her immediate supervisor when taking prescription
or non-prescription medications that may lead to impairment, defined in Section
A.8. of this document. In the event there is a question regarding the effects of the
type and/or prescribed dosage of said medication, clearance from a qualified
physician may be required.
5 An employee's use, possession, sale or transfer of alcohol during working hours or
while the employee is on the employer's premises, or operating the employer's
vehicle, machinery or equipment is prohibited, with the following exceptions:
a. such use or possession is pursuant to a valid medical prescription; or
b. possession of alcohol while being transported in an employee's personal vehicle,
with a clear lack of intent to use in violation of the policy. No open bottle/can is
a clear indication of lack of intent; or
c. possession, sale or transfer of alcohol is part of the employee's job duties.
6. An employee involved in a vehicular accident while driving a CMV shall not use
alcohol within eight hours following the accident as defined in subsection D.4.
7. No employee, while on duty, shall engage, attempt to engage, or conspire to engage
in conduct which would violate any law or ordinance concerning drugs or alcohol.
8. All employees must notify their immediate supervisor of any criminal drug statute
conviction or traffic alcohol related driving offense within thirty (30) days after such
conviction or citation.
9. An employee has no right or expectation of privacy with regard to city vehicles, city
property and city equipment (lockers, desks, etc).
C. PERSONS SUBJECT TO TESTING
Under FHWA's regulations the following employees are subject to testing under
applicable sections of this policy: any person who operates a commercial motor
vehicle (CMV), as defined by FHWA. The employer will request or require an
employee to undergo drug or alcohol testing only under the circumstances
described in this policy.
However, no employee will be tested for drugs or alcohol under this policy without
the employee's consent, with the following provisions:
1. Right to refuse Employees have the right to refuse to undergo drug and/or alcohol
testing. If an employee refuses to undergo drug or alcohol testing requested or
required by the employer, no such test shall be given. Arefusal to test will be
considered a positive test (for alcohol this shall be considered as a result of O.04 or
greater) and the employee will be removed from driving or other safety sensitive
functions.
E-!(I
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 5
2. Consequences of refusal If any employee refuses to undergo drug or alcohol testing
requested or required by the employer, this shall lead to administrative/disciplinary
action deemed appropriate by the employer, based upon on grounds of
insubordination and consideration of refusal being regarded as a positive test.
D. CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING
1. Pre-employment All individuals whom the employer intends to hire or use, on a
permanent or temporary basis, as commercial motor vehicle drivers must be tested.
2. Random The employer must conduct unannounced testing based on a random
selection of employees.
3. Reasonable Suspicion The employer may request or require an employee to
undergo drug and/or alcohol testing if the employer or any supervisor of the
employee trained in the detection of probable drug or alcohol use directly observes
an employee whose conduct or appearance is indicative of use of alcohol or
controlled substance.
4. Post Accident Following an accident involving a CMV, where there is loss of life or
employee receives a citation under State or local law for a moving violation arising
from the accident, the employee shall undergo drug and alcohol testing.
5. Return-to-duty Where an employee has: had a test result of O.04 or greater for
alcohol; or had a positive drug test result; or been found to have violated
Department Work Rules, defined in subsections B. 1 through 6, then the employee
shall not return to work until after undergoing return-to-duty tests indicating an
alcohol concentration of less than O.02 and a verified negative result for controlled
substances.
6. Follow-up Following a determination by a substance abuse professional that an
employee is in need of assistance in resolving problems with alcohol abuse and/or
controlled substances use, an employee shall be subject to unannounced follow-up
alcohol and/or controlled substances testing as directed by the substance abuse
professional. Follow-up testing shall not exceed 60 months from the date of
employee's return to duty.
An employee shall be compensated for all time spent providing a breath sample or
urine specimen, including travel time to and from collection site, in order to
comply with random, reasonable suspicion, post accident, or follow up testing.
E. DETERMINATION OF IMPAIRMENT OR BEING UNDER THE INFLUENCE DUE TO
USAGE OF ALCOHOL OR DRUGS
As indicated in Section D.3. above, before an employer can request or require an
employee to undergo drug and/or alcohol testing, the employer must have a
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 6
e-qq
reasonable suspicion that the employee is impaired due to drug or alcohol usage or
is under the influence of drugs or alcohol. In general, a reasonable suspicion of
impairment or being under the influence exists when the employee displays
characteristics of intoxication through words or actions, and may be coupled with
observable incompetent or inefficient job performance. The definition of impaired
job performance is set forth in Section A.8. of this policy.
Relevant observations of the employee's words and conduct that alone or in
combination may indicate intoxication include, but are not limited, to the
following:
a. slurred speech
b. disorientation
c. odor of alcohol on breath
d. unsteady gait or balance
e. glassy eyes
f. drowsiness
g. euphoria
h. mood swings
i. inattentiveness
). excitement
k. irritability
1. aggressiveness
m. intoxicated behavior without odor
of alcohol
n. impaired job performance.
All personnel involved in the determination of reasonable suspicion must
immediately document any and all information received, observations, and actions
taken. All such reports must be forwarded to the Office of Human Resources.
Further, supervisors of employees covered by this policy shall, as mandated by
FHWA, annually attend training on the determination of reasonable suspicion
factors, a minimum of one hour on alcohol misuse and one hour on controlled
substances use, to cover the physical, behavioral, speech and performance
indicators of probable alcohol misuse and use of controlled substances.
F. PROCEDURE FOR TESTING
1. Notification form Before requesting an employee to undergo drug or alcohol
testing, the employer shall provide the employee with a form on which the
employee will:
a. acknowledge that the employee has seen a copy of the employer's drug and
alcohol testing policy;
b. indicate any over-the-counter or prescription medications that the employee is
currently taking or has recently (within the last month) taken and any other
information relevant to the reliability of, or explanation for, a positive-test
result; and
c. indicate consent to undergo the drug and/or alcohol testing.
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DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 7
2. Medical facility consent form The employee must also indicate consent to undergo
the drug and alcohol testing on any consent forms provided by the medical facility
taking the sample or breath alcohol technician (BAT).
3. Test sample (drug) The test sample shall be obtained in a private setting, and the
procedures for taking the sample shall ensure privacy to employees to the extent
practicable, consistent with the prevention of tampering with the sample, and shall
conform with applicable FHWA rules. All test samples shall be obtained by or
under the direct supervision of a health care professional.
4. Identification of samples Each sample shall be sealed into a suitable container free
of any contamination that could affect test results, immediately labeled with a
specimen identification number, initialed by the employee, and and dated by the
person witnessing the sample.
5. Chain of custody The employer shall maintain a written record of the chain of
custody of the sample, ensure proper handling thereof, and comply with the rules
adopted by the FHWA pertaining to chain of custody.
6. Laboratory All drug testing shall use the services of a testing laboratory certified by
the Substance Abuse & Mental Health Services Administration (SAMHSA),
formerly NIDA, of the Department of Health and Human Services (DHHS).
However, no test shall be conducted by a testing laboratory owned and operated by
the City of Saint Paul.
7. Methods of analysis The testing laboratory shall use methods of analysis and
procedures to ensure reliable drug and alcohol testing results, including standards
for initial screening tests and confirmatory tests. For positive alcohol test result
using an EBT a confirmation test shall be conducted no sooner than fifteen minutes
after the initial test. In all other cases, the method of analysis shall use
immuno-chemical technology or chromatography for initial screening tests; and the
confirmation must be by gas chromatography/mass spectrometry. Except where gas
chromatography/mass spectrometry is not the scientifically-accepted method of
choice, the test must be confirmed by a method using some form of
chromatography.
8. Retention and storage Retention and storage procedures shall comply with the
rules adopted by the FHWA. All samples, except breath samples, from an initial
screening test, that produced a positive-test result shall be retained and properly
stored for at least six (6) months.
9. MRO's employee contact On a confirmed positive drug test MRO shall make a
reasonable attempt to contact employee to confirm circumstances and verify claims
of prescribed medication. If MRO is unable to contact employee the MRO shall
contact the employer representative who will direct the employee to contact the
MRO.
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 8
10. MRO report The MRO shall prepare a written report indicating the drugs or their
metabolites tested for, the types of tests conducted, and whether the test produced
negative or positive test results. The MRO shall disclose the results to the employerwithin three (3) working days after obtaining the final test result.
11. The employer shall, within three (3) working days after receipt of test result report
from MRO, notify the employee of the results of random, reasonable suspicion and
post-accident tests for controlled substances if the test results are verified positive.
The employer shall also inform the employee which controlled substances wereverified positive.
G. RIGHTS OF EMPLOYEES
1. The right to request and receive from the employer a copy of the test result report.
2. Within seventy-two hours (72) after notice from the MRO of a positive drug test
result, the right to request, in writing to the MRO, a confirmatory retest of the
original sample at the employee's expense at the original testing laboratory or
another DHHS-certified testing laboratory. In the event of a negative test result onrequested retest the costs for retest will then be borne by the employer.
3. If employee has not contacted the MRO within the seventy-two hours, as specified
in G.2., the employee may present to the MRO information documenting that a
serious illness, injury or other circumstances unavoidably prevented employee
from timely contacting the MRO. If the MRO concludes there is a legitimate
explanation for failure to contact the MRO within 72 hours, the MRO may direct the
retest in as detailed in G.2..
4. The right not to be discharged, disciplined, discriminated, or requested or required
to undergo rehabilitation on the basis of a positive test result from an initial
screening test that has not been verified by a confirmatory test.
5. The right of an employee who has been suspended without pay to be reinstated with
back pay if the outcome of the confirmatory test or requested confirmatory retest is
negative.
6. The right not to be discharged, disciplined, discriminated, or required to be
rehabilitated on the basis of medical history information revealed to the employer
concerning the reliability of, or explanation for, a positive test result unless the
employee was under an affirmative duty to provide the information before, upon,
or after hire.
7. The right of access to information in the subject's personnel file relating to positive
test result reports and other information acquired in the drug and alcohol testing
process, and conclusions drawn and actions taken based on the reports or acquired
information.
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 9
E-'-fQ
8. The right of an employee who has made a timely request for a confirmatory retest to
suffer no adverse personnel action if the confirmatory retest does not confirm the
result of the original confirmatory test, using drug or alcohol threshold detection
levels as established for a confirmatory retest by FHWA regulations.
H. ACTION AFTER TEST
The employer will not discharge, discipline, discriminate, or request or require
rehabilitation of an employee solely on the basis of a positive test result from an
initial screening test that has not been verified by a confirmatory test. Where there
has been a positive test result in a confirmatory test and in any confirmatory retest,
the employer will do the following unless the employee has furnished a valid
medical reason for the positive test result:
1. For alcohol test result indicating an alcohol content of O.02 or greater but less than
0.04 the employee shall be removed from duty for twenty-fours hours following
administration of the test. For a first or second offense the employee would be
permitted to use accumulated vacation, accumulated compensatory time or non pay
for the hours of work missed. For a third offense the employee shall be suspended
without pay for one day and referred to the employee assistance provider.
2. For an alcohol test result indicating an alcohol content of O.04 or greater or a
positive drug test, the employee will be:
a. Removed from safety sensitive function; and
b. Referred for an evaluation by a substance abuse professional. If that evaluation
determines that the employee has a chemical dependency or abuse problem, the
employer will give the employee an opportunity to participate in, at the
employee's own expense or pursuant to coverage under an employee benefit
plan, either a drug or alcohol counseling or rehabilitation program, whichever is
more appropriate as determined by the employer after consultation with
substance abuse professional. The employee shall sign a release permitting the
employer to monitor participation and compliance with counseling or a
rehabilitation program.
If the employee:
1) refuses to participate in the counseling or rehabilitation program; or
2) fails to successfully complete the program, as evidenced by withdrawal from
the program before its completion; or
3) is unable to perform the safety sensitive functions of the job in question
because of a positive test result on any subsequent return-to-duty or follow-
up testing after completion of the program; or
E-'-tq
DRUG AND AtCOHOL TESTING POLICY
12/30/94
Page 10
4) presents a direct threat to properFy or the safety of others, or is otherwise
considered unable to perform in good faith,
the employer may discharge or recommend that the employee be discharged
from employment; and
c. For a first positive test conducted under this policy, the employee shall be
suspended without pay for three (3) days, for a second positive test the employee
shall be suspended without pay for ten (10) days, and for a third positive test the
employee shall be discharged from employment.
d. Employee shall not be allowed to return to safety sensitive position until:
1. Employee has been evaluated by a substance abuse professional;
2. Completed any recommended treatment;
3. Taken a return to duty test with a negative drug test result or an alcohol test
result indicating an alcohol content of less than O.02; and
4. Subject to required follow up testing.
3. Other misconduct Nothing of this policy limits the right of the employer to
discipline or discharge an employee on grounds other than a positive-test result in a
confirmatory test.
I. DATA PRIVACY
The purpose of collecting a body component sample of breath or urine is to test that
sample for the presence of drugs or alcohol. A sample provided for drug or alcohol
testing will not be tested for any other purpose. The name, initials and social
security number of the person providing the sample are requested so that the
sample can be identified accurately but confidentially. Information about
medications and other information relevant to the reliability of, or explanation for,
a positive test result is requested to ensure that the test is reliable and to determine
whether there is a valid medical reason for any drug or alcohol in the sample.
All data collected, including that in the notification form and the test report, is
intended for use in determining the suitability of the employee for employment.
The employee may refuse to supply the requested data; however, refusal to supply
the requested data may affect the employee's employment status. The employer
will not disclose the test result reports and other information acquired in the drug
or alcohol testing process to another employer or to a third party, individual,
governmental agency, or private organization without the written consent of the
employee tested, unless required by law or court order.
E-f-l'J
DRUG AND ALCOHOL TESTING POLICY
12/30/94
Page 11
J. APPEALS PROCEDURES
1. Appeals from disciplinary actions taken pursuant to the drug and alcohol testing
policy shall be as set forth in the City of Saint Paul's Civil Service Rules.
2. An employee who is covered by a collective bargaining agreement may elect to seek
relief under the terms of that agreement by contacting the appropriate bargaining
unit and initiating grievance procedures in lieu of taking an appeal to the Civil
Service Commission.
CITY OF SAINT PAUL
Norm Coleman, Mayor
OFFICE OF HUMAN RESOURCES
LeeAnn Turchin, Acting Director
230 City HallAnnex
25 West Fourth Street
SaintPaul, MN55102-1631
Telephone: 612-266-6500
TDD/TIY: 612-266-6501
Jobline.' 612-266-6502
Facsimile: 672-292-7656
To:
From:
Date:
Re:
The Honorable Mayor Coleman
Fred OwuOAOffice of 4an Resources
December 30, 1994
Omnibus Drug Testing Act of 1991
EXECUTIVE ORDER
!"it';:=d-;':aah;):clL'
JAN 03 1995
i:,l-l:la,0{, aslG i7..ai i'). 0 C. 7 i,,,,' ! L !.,'
Attached for your signature is an Executive Order highlighting the City of Saint
Paul's employee drug and alcohol testing policy for drivers of commercial motor
vehicles. This policy describes the steps necessary for the City's compliance with
the Federal Highway Administration's regulations which mandate drug and alcohol
testing for "safety-sensitive" employees in the motor carrier, mass transit,
aviation, and railroad industries.
The attached policy is the culmination of the efforts of the City employees listed
below. The mandate results from the federal government's "zero tolerance"
policy regarding the on-duty use of drugs and/or alcohol by those individuals who
work in safety sensitive positions.
Your signature on the attached order will place into effect a policy which wffl
ensure both the City's compliance with this mandate, :4nd the continued safety of
our employees and citizens.
CC: Eric Mische, Communications Director
Mark Shields, Chief of Staff
Lee Turchin, Acting Director of Human Resources
Omnibus Transportation Employee Testing Act of I 991
Committee Members
Bruce Berg, Water
Linda Crosby, Human Resources
Grant Enger, Water Utility
Terry Haltiner, Risk Management
Bob Horrisberger, Public Works
Angie Jasinski, Human Resources
Joe Kelly, Labor Relations
Kathy Korum, Parks and Recreation
Tom Knutson, Parks and Recreation
Paul McCloskey, City Attorney
Angela Nalezny, Human Resources
Fred Owusu, Human Resources
Art Peisert, Public Works
Jim Singer, Police
City of Saint Paul
Office of the Mayor No:
EXECUTIVE ORDER Date:
E-!g
lo -6-qt4.
EXEeUTIVE ORDER, Pursuant to Chapter 3 of the Charter of the City of
Saint Paul, this Executive Order establishes the City's Anti-Nepotism
Policy in City Employment.
City Policy shall be that no officer or employee of the City shall be
directly involved in the hiring of an applicant for City employment,
or in the supervision of any officer or employee of the City, if they
are relatives.
The terms relative as used in this Order shall mean and include the
followingrelationships: spouse, parent, child, and sibling, step-
parent, step-child, and half-siblings, mother-in-law, father-in-law,
brother-in-law, sister-in-law, daughter-in-law, and son-in-law;
grandparent, and grandchild; nephew, and niece.
Supervision shall include, but not be limited to, all direction and
control of work; performance appraisal, determinations with regard to
merit pay, promotions, transfers, leaves of absence, and sick leave;
and all disciplinary actions.
The relatives of City employees may seek and obtain City employment;
however, such persons shall not be placed in a position where a
relative csuld exercise direct control or influence the status,
compensation, progress, or supervision of another relative.
Good judgment dictates looking not only at the reporting relationship
of family members at the time of initial hiring, but continued review
of their responsibilities as they may be promoted or transferred. As
circumstances may change, proper interpretation, consideration, and
transfers may be required. If such transfers are in order, compliance
with the Civil Service Rules and appropriate personnel practices will
be used,
The administration of this policy is an important responsibility of
each City department and office director. Any questions regarding
interpretation shall be referred to the Director of Human Resources.
APPROVED AS TO FORM
/ - / / -"-4 i-/'L-C-.1
Assistant Citr orney
Date (2Ft,,b, s/te7Y Mayor
JST BE ON COLINCi AGENDA BY (DATE)
TOTAL # OF SIGNATURE PAGESTOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CML SERVICE COMMISSION
RECOMMENDATIONS: Approve (A) OT Reject (R)
, PLANNING COMMISSION
CIB COMMITTEE
STAFF
DISTRICTCOuRT
SuPPORTS WHICH COUNCIL OBJECTIVE?
DATE INITIATED
GREEN SHEET
INITIAUDAT[
@[EPARTMENT DIRECTOR
[2CITY ATTORNEY
@BUDGET DIRECTOR
[I]MAYOR (OR ASSISTANT)
E q8
N? 27461
INITIAUDATE -
BCITY COUNCIL
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWINCi QUESTIONS:
1. Has this person/firm ever worked under a contract lot this department?
NO
2. Has this person/firm ever been a city employee?
YES NO
a. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSLIE, OPPCIRTuNlTY (Who, What, When, Where Why)
DISADVANTAGES IF APPROVED
frfori.e RECEIVED
OCT - 6 ?994
CITY CLERK
DISADVANTAGES IF NOT APPROVED
TOTAL AMOUNT OF TRANSACTION $
FUNDIIJG SOURCE
FINANCIAL INFORhATION (EXPLAIN)
COST/REVENUE BuDGETED (CIRCLE ONE)
ACTIVITY NUMBER /l
YES NO
dUU
CO"fyficOefofStah"enM'Payaourl No: E- 'l '?
EXECUTIVE ORDER Date:U:zelCl4
EXECUTIVE ORDER,
In the event of an emergency situation involving a City operation, the Mayor or Mayor's
designee may authorize the closing of City buildings, facilities, operations, work units or
departments.
Such emergencies may include natural disasters, such as flooding, damaging high winds
or tornados or the effects of each; fire, explosions, mechanical failures, building
structural damage, or prolonged power outage; critical violent incidents; or other critical
incident situations where the safety of the employees or citizens would be placed at risk.
Notification of such closings shall be posted, whenever practical, at the work location,
and announced, as appropriate depending on the severity and number of persons
affected, on WCCO Radio, 830 AM.
Any City employee who was scheduled to report for work and is either locked out or is
prevented from working as a result of the emergency, and is not reassigned to work at
another location, shall be dismissed and paid at his/her regular rate of pay without
deduction of accrued time.
The area shall be secured as appropriate. A record shall be kept of the names of the
employees who were paid, but were prevented from working, and any overtime worked
related to the emergen7.
Attempts shall be made to reassign employees to another work site. When employees so
affected are not reassigned after the immediate emergency, normal work rules regarding
lack of work shall be observed, including possible layoff with no pay.
APPROVED AS TO FORM
ASsistant City Attorney
Date *(-q("-t'(
Mayor
bEPARTMENT/OFFICE/COUNCIL
MAYOR/HUMAN RESOURCES
CONTAC:T PERSON & PHONE
LeeAnn Turchin
,6T BE ON COUNCIL AGENDA BY (DATE)
TOTAL # OF SIGNATURE PAnF!"i
IACTION REQLIESTED:
1
Approval of Executive Order
E- 't'7
DATE INITIATED
9/20/94
A3SIGN
QIIMRPEI FnR
ROuTING
ORDER
NE 29735
GREEN SHEET
INITIAUDAT
€[EPARTMENT DIRECTOR
[ICITYATTORNEY ei 17:tlaial
INITIAUDAT[: -
Icl'ry COUNCIL
J.,] CITY CLERK
BFIN. & MGT. SERVICES DIR.
n
(CLIP ALL LOCATIONS FOR SIGNAT,uRE) .: , . , , ,
RECOMMENDATIONS: Approve iA) or Reject (R)
PLANNING COMMISSION CML SERVICE COMMISSION
CIB COMMITTEE
STAFF
DISTRICT COURT
SuPPORTS WHICH COUNCIL OBJECTIVE?
PERSONAL SERVICE CONTRACT8 MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this person/firm ever worked under a contract for this department?
YES NO
2. Has this person/firm ever been a clty employee?
YES NO
Q. Does this person/Tirm possess a skill not normally possessed by any currem city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whal When, Where Why):
Emergency situaton occurring
VANTAGES IF APPROVED:
Plan already established and in place which addresses several of the questions which
arise in these types of occurrences.
DISADVANTAGES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
RECEIVED
SEP 2 9 1994
CiTY CLERK
RECEIVED
SEP 22 1994
CjTY ATTORNEY
Plan of action may be delayed. Additional calls and communication seeking authority
for decisions will be reduced.
TOTAL AMOUNT OF TRANSACTION $
FUNDlkRs SOURCE
FINANCIAL INFORMATIONI (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE)
A(:TIVITY NUMBER
YES NO
/'JV!/
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No: E-f&
Date: J-b-*/
EXECUTIVE ORDER,
Pursuant to the provisions of Minnesota Statutes, Section 473.604,
I do hereby appoint Nick Mancini, 1846 Worchester, Saint Paul,
Minnesota, 55116, a qualified voter of the City of Saint Paul, to
serve in my stead as a member of the Metropolitan Airports Commission
during my term of office as Mayor of the City of Saint Paul, effective
January 3, 1994.
APPROVED AS TO FORM
A .1 I
Date
Mayor
DEPARTMENT/OFFICE/COUNCIL
Mayor's Office
CONTACT PERSON & PHONE
Tom Marver, -266-8989
IT BE ON COUNCIL AGENDA BY (DATE)
DATE INITIATED
1/4/94 GREEN SHEET
l rEPARTMENT DIRECTOR
ffi CITYATTORNEY
H(BlylH@ l BUDGET DIRECTOR
!!!!!! 1', MAYOR (OR ASSISTANT)
N? 23292
INITIAUDATE
I"'ICITY COUNCIL
"[,CITY CLERK
BFIN. & MGT. SERVICES DIR.
n
(CLIP ALI LOCATIONS FOR SIGNATURE)TOTAL # OF SIGNATURE PA(F!:I
IACTION REQUESTEDi
Reappointment of Nick Mancini to the METROPOLITAN AIRPORTS COMMISSION.
His term will expire on December 31, 1987.
RECOMMENDATIONS: Approve (A) or Reled (R)
PLANNING COMMISSION CIVIL SERVICE COMMISSION
CIB COMMITTEE
STAFF
Dl8TRICTCOuRT
SUPPORT8 WHICH COUNCIL OBJECTIVE?
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QuESTIONS:
1. Has this person/firm ever worked under a comract for this department?
YES NO
2. Has this person/Tirm ever been a city employee?
YES NO
Cl. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where Why):
None.
VANTAGES IF APPROVED:
Reappointment of Nick Mancini to the Metropolitan Airports Cornrnission.
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION ti
FUNDINa SOURCE
FINANCIAL INFORMATION: (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE)
ACTMTY NUMBER
YES NO
dW
Stratus of Hinnesota
r.thI Ca l PraC f ICeS l'lOa rd
625 Nortli Robert Street
St. Paul, MN 55101-2520
29G-5148(G12)
(/(l I ll R' I f l I-O lIlltl l I Qll C)I 1 l It I '.i S Ll l: em(' tTh l i !; I )111) l l C ] n [O rlilil t 10 Il )
E-'l!o
OFFICE NAME OF AGENCY
€ Mllaelom:eS:aleClRiiuelleomraOk7Mp oBdoam,dinis-MA e; "iaa ,r o, p, o= Ir- " fr a,n ; rs - : - J
[2] Legislative Employee """"" """""ffl@ ':%.':i'.,:"; s:hCtj
€aCdommipneis:siaai:Oen L_,uawogJeudge O(H
€Oihet .H
01' 0FFICE NAME OF AGENCY
€CO:ilielcleDepuiy. Constitutional Mayor Norm Colemar
Siaie Depanment - Exec &
€ DCI) Director Commissioner,
Deputy or Assl Commissioner
City of St. Paul
[]oDleipo"m'yeyAc"eSn:ota'isp" A""390 City Hall
St. Paul, MN 55102
02 NAME Nick Mancini Mayor Coleman s Rep03 Po
05 TELEPHONE NO.
AREA t 612 ) 6 9 8-13 2 4
04 ADDRESS
184S'g""Worchester S"6Peet, St. Paus:Y, MN 55116Zao
January 3, 19t94 December 31, 1
07 T
(Name of' individual vho Formerly held this p'nsit.inn)
FILE Wll-H ETHICAL PR ACTICES BO ARD
625 NORrH rlOBERr SrREEr
Sr P/IUL, HN 55101-2520
((112) ;gb-srca
" t'linnesota Statutes
CERTIFIC ATION
Concurrent W 2 my term of office
Norm Colema , .ayor ' rr-s'ru=y
Pr nt or type na f o(i appointing authority
TH HE INFORMA N/aONVVNED ON THIS FORM IS COM
TRUE, AND CO REg //
Signature of Appoi ng Authority Date
Iltiy lierson hho signs and certif'ies to be true a statement
vliich t)ie person knous contains ra!se inFormation or vlio
knoiiingly omits required information is guilty of a gross
misdemeanor
10A,09 STATEMENTS OF ECONOMiC INTEREST.
Subdivision 1. Time for filing. Except For a candidate for c)cc(ivc ofTice in
the judicial branch, an individual shall file a statcment or economic intcret with the
board:
(B) Within 60 days or accepting employmem as a public official;
(b) Within 14 days after riling an affidavii or candidacy or petition €0 appear On
tlic ballo( (or an elcclive public office;
(c) ln t)tc case or a public official rcquiritig ilie advicc aiid consent or llic senate,
wirliin 14 days arter lie underiakcs t)ic duties or )iis office; or
(d) In (he cax cir niembers or tlic Miniiesota racing commission, aiicl its
executive secretary, cbie( or sccuri(y, medical officer, inspector or pari-mutuels and
stewards entployed or approved by the commisi;ion or perhoiis who rull'ill those
duties under contract, williin (!) days or accepting or assuniing duties.
SubtJ. 2. ThC k(rclary Or Sla(e (IC Itie apllr(1priute COunly audilOr ulX)ri
rccciving an allidavit or candid;icy or petitioii (O appear on the ballot From an
'.:idual required by this section to ('ilc a statement of economic interest, and any
.ial wlto nominatcs Or entploys a public official required by this section to file a
statcment or economic inlcrest, shall notiry the board or the name or the individual
required to filc a statement and the date or the.a(Tidavit, (+cti(ion Or nomination.
Hinnesota Rules pt. 4505-0100 DEFIHITIONS.
Subp. 4. Date of appointient. "Date of
appointment" means the effective date oF
appointment to a position.
9 87
ET 00014-02 0/86
City of Saint Paul
Office of the Mayor
EXECUTIVE ORDER
No:
Date:
E 415
g a-qz
EXECUTIVE ORDER,
WHEREAS, In May of 1992 the Total Quality Improvement Quality Steering
Team (QST) commissioned the TQI Safety Task Force to make
recommendations to the QST, the Mayor, and the City Council regarding
a citywide safety program which would ensure a consistently high level
of safety practices and procedures throughout the City, and
WHEREAS, the QST requested that the Safety Task Force make
recommendations which would include strategies for implementation and
enforcement, and
WHEREAS, the QST also requested that the Safety Task Force develop a
new safety program which would reduce the frequency and severity of
worksite accidents and injuries and also to decrease the City's
Workers' Compensation costs, and
WHEREAS, representatives of both labor and management have
participated in this task force, and
WHEREAS, the Safety Task Force has made its report and recommendations
to the QST and the Mayor, and those recommendations have been
accepted, and
WHEREAS, the Safety Task Force has recommended that the Mayor create a
new Citywide Safety Committee reporting directly to the Mayor, with
membership open to representatives of all bargaining units and with
management representatives to be determined by the Mayor, and
WHEREAS, the report recommends that the Citywide Safety Committee
select a subcommittee to perform the detailed work of the committee,
and
WHEREAS, the committee's responsibilities will include reviewing
safety plans developed annually by each department and office, and
WHEREAS, it will be the responsibility of the Citywide Safety
Committee to identify areas where departments and offices are and are
not in compliance with City standards and to recommend to the Mayor
either the acceptance of departmental or office plans or to requxre
additional development and changes as needed, and
WHEREAS, staff support for the Citywide Safety Committee will be
provided by the citywide safety director and by departmental safety
staff,
E-J45
THEREFORE, be it ordered that the Citywide Safety Committee is hereby
established, and
THEREFORE, be it also ordered that the TQI Safety Task Force solicit
representatives to the committee from bargaining units interested in
serving on this committee, and report these names to the Mayor for
consideration as members of the Citywide Safety Committee.
APPROVED AS TO FORM
Asi-istant City ttorney
Date s[-g41lqs Mayor
(C,LIP ALL LOCATIONS FOR SIGNATURE)
E-L15
N? 22562
INITIAUDATE -
BCITY COUNCIL
I"ICITY CLERK
11FIN. & MGT. SERVICES DIR.
n
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUEST10N8:
1. Has this person/flrm ever worked under a contract for this department?
YES NO
2. Has this person/firm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
el:)l'Yl ,
ADVANTAGES IF APPROVED-
DISADVANTAGES IF NOT APPROVED:
RECEIVED
AUG 2 6 1993
C.1TY CLERK
)TAL AMOUNT OF TRANSACTION $
FUNDINa SOURCE
FINANCIAL INFORMATION: (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE)
ACTMTY NUMBER
YES NO
dW
No:
City of Saint Paul
Office of the Mayor E - 'f J'l
EXECUTIVE ORDER Date: ' 4 - 4.)
EXECUTIVE ORDER, that employees of the City of Saint Paul are to
charge personal long distan:'e telephone calls made from work to their
home telephone number or to their personal long distance carrier
charge card.
APPROVED AS TO FORM
Assistant City Attorney
Date
Mayor
&-'tt4
DEPARTMENT/OFFICE/COUNCIL
Citywide Information Services
CONTACT PERSON & PHONE
Gregory J. Haupt 298-4985
T BE ON COUNCIL AGENDA BY (DATE)
DATE INITIATED
6-23-93 GREEN SHEET
Q €EPARTMENT DIRECTOR
(H371H(, 0 BUC)GET DIRECTOR
S'FIE!!I 1':5 MAYOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES ' (CLIP ALL LOCATIONS FOR SIGNATURE)
IACTION REQuESTED:
Signature on Executive Order.
N? 23208
INITIAUDATE
j'7'lFlN. & MGT. SERVICES DIR.
RECOMMENDATIONS: Approve (A) or Reject (R)
PLANNING COMMISSION CML SERVICE COMMISSION
CIB COMMITTEE
STAFF
DISTRICT COURT
SUPPORTS WHICH COUNCIL OBJECTIVE?
PERSONAL SERVICE CONTRACT8 MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has thls person/firm ever worked under a contract for this department?
YES NO
2. Has this person/Tirm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM. ISSUE, OPPORTUNITY (Who, Whai, When, Where Why):
Discussion of long distance= telephone service for the City of Saint Paul concluded
that there was no written policy regarding employee personal use of City 1ong distance
service.
{ANTAGES IF APPROVED:
PbyrovaidCelstyc0'lefaSradinitrecPatuiolnemrepg10ayrdeeing the personal use of long distance telephon,,a,m,%,lv,,:jXlt:,hrE
DISADVANTAGES IF APPROVED:
None.
RECEIVED
JUL 9 1993 RECEIVE0
D'OEFP:IC! !,! pHE 01
JUL C7. 199:3
DISADVANTAGES IF NOT APPROVED:
Potential for misunderstanding of the City's intentions regHdin4emp1oyee use of itszpVtaylong distance service.
TOTAL AMOUNT OF TRANSACTION $
FUNDINn QnllflnP
FINANCIAL INFORMATION: (EXPLAIN)
00
ACTMTY NUMBER
YES NO
d!u
White - City ClerkPink - Finance Dept.(anary - DePTi
0ITY OF SAINT PAITL
0 F P I Ci E O P T H E M A Y O R
No:F-h3EXECUTIVE ORDER
Datea (i- i'Y -9:x
EXECUTIVE ORDER,
&ereas, smoking remains the single most preventable cause of death in oursociety,'
Whereas, smoking cessation is a ma5or public health priority in our nation;
&ereas, the City of Saint Paul has the responsibility to provide its employeesa work place free of recognizable hazards including secondhand smoke;
Thereas, the City of Saint Paul, as an employer, has been and will continueto be supportive in helping employees to quit smoking;
Whereas, smoking is known to cost employers additional expense in sick leave,health insurance, loss of productivity, associated medical costs, and earlydisability ;
Whereas, several divisions, departments, and offices within the City's governmentas well as other units of government such as Ramsey County and the State ofMinnesota already have smoke free work environments;
Therefore, be it resolved that effective November 1, 1992, the smoking of anytobacco product will be prohibited in all buildings and offices owned, occupied,or maintained by the City of Saint Paul. In addition, effective April 1, 1993,the smoking of any tobacco product will be prohibited in all vehicles ownedby the City of Saint Paul.
VPROVED AS TO FORM
Assistant City Attorney
9-//-92,9twvM
Mayor
DEPARTMENT/OFFICE/COUNCIL
Finance/Risk & Employee Benefit
CONTACT PERSON & PHONE
-Tohn Regal 292-6240
7 BE ON COUNCIL AGENDA BY (DATE)
N/A
TOTAL # OF SIGNATURE PAGE8 '
iACTION REOUESTED:
DATE INITIATED
CITY ATTORNEY
NIIIIFII-FI PnFl
RoUTINa DIRECTOR
o3 MAYOR (OR ASSISTANT)
(CLIP ALL LOCATIONS FOR SIGNATURE)
N? 20985
INITIAUDATE -
l CITY COUNCIL
[CITY CLERK
BFIN. & MGT. SERVICES DIR.
n
Approval of an executive order prohibiting smoking in all City offices and buildings
effective November 1, 1992. In addition, effective April 1, 1993, smoking will
be prohibited in all City-owned ve-:iicles.
RECOMMENDATIONS: Approve (A) or Reject (R)PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUE8T10NS:
CIVIL SERVICE COMMISSION 1. Hag IFI:S person/f1rm eVer WOrked under a comrac! far rFliSi departmen!? PLANNING COMMISSION
CIB COMMITTEE
STAFF
DISTRICT COURT
SuPPORT8 WHICH COUN(,IL OBJECTIVE?
YES NO
2. Has this person/firm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explaln all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whal When, Wheye Why):
Approximately 75% of City offices and buildings are smoke free. The remaining locations
continue to allow smoking in designated areas. The health risks associated with
exposure to secondhand smoke are evident. As an employer, the City is obligated
to maintain a safe, healthy, work environment for its employees.
{ANTAGES IF APPROVED:
City employees will no longer be exposed to secondhand smoke in the @ikplace
3rp "l
D18ADVANTAGE8 IF APPROVED:
Employees will have to smoke outside the building or City-owned vehicle.
DISADVANTAGES IF NOT APPROVED:
RECEIVED
SEP 161992
CITY CLERK
Employees will continue to be exposed to secondhand smoke at work.
n COST/REVENUE BuDGETED (CIRCLE ONE)
ACTMTY NUMBEFI
YES NO
7
EXECUTIVE ORDER
No. c-t-J2
'&k- i--30-92
EXECUTIVE ORDER,
WHEREAS, it is a goal of the City to provide high quality, citizen driven services for Saint
Paul; and,
WHEREAS, the ready availability of a wellmaintained fleet is essentialfor the City to meet
this public service goal; and,
WHEREAS, the Mayor wishes to make sure that City vehicles and equipment are managed
in a way that minimizes cost and maximizes service for the citizens of Saint Paul; and,
WHEREAS, City vehicles and equipment are currently managed and maintained at four
separate garages, each under the jursidiction of a different City department; and,
WHEREAS, the Mayor estalished an ad hoc Task Force to evaluate the desirability of
having a centralized fleet management system for Saint Paul; and
WHEREAS, the Task Forge has produced a report that identifies a number of options for
improving fleet management within City government; now, therefore, be it
ORDERED, that the City shall work toward the goal of having a centralized fleet
management system by the end of 1994 that includes all City departments and the Saint Paul Water
Utility; and be it
FURTHER ORDERED, that Robert Sandquist shall be designated as the overall manager
of the transition/evaluation process, who shan work closely with the Directors of the City
Departments or Offices involved, but who shall be directly accountable to the Mayor for the final
results; and, be it
FURTHER ORDERED, that within 30 days of the adoption of this order the above
mentioned Directors shall transmit to the transition manager the names of individuals as follows
who shall serve on a transition team to work with the transition manager on ISSUES related to a
centralized fleet management system: one employee (non-management) and one other individual
each from the Parks, Public Safety, Public Works, and Water Utility garages; and, be it
FURTHER ORDERED, that the transition manager shall develop aworkplan that includes,
at a minimum, the following:
-quarterly progress reports to the Mayor, Council, and user departments;
-action steps to address first those issues identified in the Task Force report that have the
greatest potential for improving service and for reducing or stabilizing costs;
-action steps to implement uniform garage management practices by the end of 1992;
-l-
-and, action steps to develop a uniform rate structure, uniform accounting practices, and
uniform budget structure for fleet activities to be incorporated into the 1993 budget process;
-action steps and a time line for producing a final recommendation about the ultimate
structure and organization for management of the fleet within the City of Saint Paul.
AND, BE IT FINALLY ORDERED, that all requisitions for fleet related positions shan
be not be filled without the approval of the transition manager and City Budget Director during the
transition/evaluation period.
APPROVED AS TO FORM
Assistan City Attorney
Date
/-2'i4?
Mayor
v"
Key Elements of Fleet Management Plan
1. Robert Sandquist will be appointed to oversee the process of improving fleet management
services within the City. This is to be considered a temporary, transition position with an work
to be completed no later than December 1994.
2. Within 30 days of the issuance of the Executive Order, a Labor/Management Committee will be
appointed to work with Sandquist on the improvement process. Additional working committees
wffl be set up later on to broaden involvement of staff directly involved with fleet services in
making a final decision.
3. A three-year goal of centralized fleet management has been established, but the Mayor will
consider other options that may be identified during the evaluation period.
4. The "transition manager" position wffl be jointly financed by dollars in adopted 1992 budgets(one
third from Public Safety, one third from Parks, one third from Public Works), using existing
vacant FTEs. The transition manager will work to bring the Water Utility into the process and
contribute to the financing at the earliest possible date.
5. The "transition manager" will meet with Directors involved to negotiate specific working
relationships, time commitments, and direct management support to be provided.
6. The "transition manager" will work closely with the department directors, but will be ultimately
accountable to the Mayor.
7. The "transition manager" will be housed in the Commerce Building for general office purposes,
but will spend time in garages as negotiated with Directors.
8. An ad hoc committee will be established immediately to begin work on the rate and budget
issues. 'The committee wffl be chaired by Jim Snyder, who will coordinate with the "transition
manager." Other recommended individuals include: John Swanson, Bill Carroll, Dick Rupert, and
Kelly Stromen.
White - City Clerk
Pink - Finance Dept.
Canary - Dept,
GITY OF SAINT PAUL
0 F F I C E O F T H E M A y o R
EXECUTIVE ORDER
No a
Date'
E '41
8 i4 Ri
EXECUTIVE ORDER,
WHEREAS, Robert Sprague was offered and accepted the position
of the Director of Planning and Economic Development of the City
of Saint Paul; and
WHEREAS, Mr. Sprague agreed to accept the position and com-
mence work in April, 1991 rather than in September, 1991, which
was originally envisioned as his starting date, due to family
and business commitments; and
WHEREAS, Mr. Sprague accelerated his starting date on con-
dition that he be provided reimbursement for relocation expenses
and the attendant cost of air travel necessitated because offamily commitments in another state; and
WHEREAS, a previous Executive Order was promulgated in May,1991 to provide for interim reimbursement to Mr. Sprague in the
an'iouri'c of $15,000 to partially cover relocation and air travelcosts ; and
WHEREAS, Mr. Sprague has indicated his actual and final
total of relocation and air travel expenses is $22,363.00; now,therefore, be it
ORDERED, that the proper City officials will remit to Mr.Robert Sprague such amounts of money, the total of which is notto exceed $22,363.00, upon Mr. Sprague's submission of receiptsand related documents related to his relocation and air travelcost.
APPROVED AS TO FORM
sistant City Attorney % lt4. )ls
Date
Mayor
City of Saint Paul
[NrERDEPARrNENTAL MEMORmDUM
Office of Personnel and Labor Relations
relephone 298-4221
TO :Relocation Policy File
FROM :KOeffl1iyceToanfzePrer'j"21 and Labor Relations
DATE :August 15, 1991
RE:COMPARISON OF RELOCATION EXPENSES
Based on phone calls to several Twin Cities Companies the following relocaton
policies are effective:
3M: No cap on dollar amount.
A reasonable estimate is 30% of the dollar value of the house or !>44,000.
They will market and offer to buy the employee's house. They will pay up
to 3 points on the new mortgage.
They provide temporary housing, cover moving expenses and closing costs for
the house.
An incidental allowance of !>31500 is also provided.
Pillsbury: An estimate is relocation costs = to salary for one year.
For a S50,000 position, !>50,000 is provided
They cover moving costs --vehicle and household
They provide temporary housing and storage for a minimum of 3
months.
They cover closing costs for both houses and negotiate to cover
points for the new house.
They provide for visits for employee and spouse and placement
services for the spouse.
Deluxe Check: Relocation expenses are negotiated.
Saint Paul Pioneer Press:No fixed dollar amount.
Cover all moving expenses for top executive.
Relocation expenses are negotiated.
EcoLab: No fixed dollar amount.
Provide 1 months salary.
Provide for 3rd party to buy home and pay up to 3 points.
Will pay up to 5 points on Twin Cities home and 5% of bulk of closing
costs.
St. Paul Co. ' s :Average amount !>48,000.
Covers sale and purchase of home.
Covers a house hunting trip.
No set dollar amount.
/kt
White - City Clerk
pink - pinance Dept.
Canary - Dept,
C)ITY OF SAINT PATIJL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No:
Date:
(n-AiO
5-2fJ'41
EXECUTIVE ORDER,
WHEREBY, Robert Sprague has been offered and has accepted the position
of Director of the Department of P1anning and Economic Development in the
City of Saint Pau1,
WHEREBY, MY'. Sprague agreed to accept the position and begiri work immediately,
prov'iding he be reimbursed for his re1ocation expenses of up to !15,000;
WHEREBY, because of these unusua"l circumstances, the City of Saint Paul
agreed to relocation expense reimbursement of up to S15,000 for Robert Sprague;
NOW, THEREFORE, BE IT RESOLVED, that the City of Saint Pau1 w'i1l 'immediately
acivance Robert Sprague an additiona1 $5,000 to make the tota1 amount advanced
<:ie,ooo toward his re1ocation expenses;
AND, FURTHER BE IT RESOLVED, the City of Saint Pao1 wi11 render to Robert
Sprague payment of up to a total of $15,000 upon submission of written receipts
for all :osts re1a'ced to relocation even though these may exceed the limits
imposed try the estab1ished regu1ations
APPROVED AS TO FORM
Date.s/ttglott
Kt-U?VlU
White - City Clerk
Pink - Finance Dept.
Canary - DI!lPfi
GITY OF SAINT PAUL
0 F F I C) E O F T H E M A Y O R
EXECUTIVE ORDER
No :
Date'
f-32
i-si -9/
EXECUTIVE ORDER,
Pursuant to the provisions of Minnesota Statutes, Section 473.604,
I do hereby appoint Nick Mancini, 1846 Worcester, Saint Paul, Minnesota
55116, a qualified voter of the City of Saint Paul, to serve in my
stead as a member of the Metropolitan Airports Cornrnission during my term
of office as Mayor of the City of Saint Paul, effective February 1, 1991.
APPROVED AS TO FORM
Assistant City Attorney
Dat.e January 31, 1991
J-l)IES SCHEIBEL
MAYOR
OFFICE OF THE MAYOR
3+7'.CIT'l- HALL
SAINT PAL:L, MINNESOT=l 5510:'
(61:') :'98-43:'3
January 31, 1991
Mr. Hugh Schilling, Chair
Metropolitan Airports Commission
6040-28th Avenue South
Minneapolis, Minnesota 55450
Dear Mr. Schilling:
This letter serves to advise you that concurrent with myterm of office, I am appointing Nick Mancini, 1846 Worcester,Saint Paul, Minnesota 55116, as my representative on theMetropolitan Airports Commission. Mr. Mancini replacesThomas Kayser, who has tendered his resignation, effectiveJanuary 23, 1991. I believe Mr. Mancini will be a valuableaddition to the Commission.
Pursuant to Minnesota State Statutes 473.604, subd. 3, theCity Clerk will file a copy of the Executive Order appointingMr. Mancini with the Secretary of State.
James Scheibel
Mayor
JS:drm
cc: Al 01son
Saint Paul City Clerk
Printed on Recycled Paper
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
GITY Or SAINT PAUL
OFFICE OF THE MAYOR
EXECUTIVE ORDER
No:5-31?
natea/!2"""
EXECUTIVE ORDER,
Pursuant to Chapter 3 of the Charter of the City of Saint
Paul, the following authority is established in a severe
weather situation:
1. In cases of severe weather, the mayor or his
designee may authorize the closing of city
offices or departments.
2. In those cases where the offices or departments
are closed for severe weather, there will be
no payment for time off during severe weather.
However, employees may utilize vacation, holiday,
or compensatory time for payment for such hours.
3. In cases of severe weather, department and office
directors may release employees early or advise
employees who have not yet reported to work that
they need not report. Those employees designated
as essential employees by the department or office
director will be expected to remain at, or report
to work during such severe weather situations.
4. Supervisors are responsible for securing or
arranging to secure, offices or facilities not
staffed as a result of a severe weather situation.
AJ'P A OFORM
Date Z/ Mayor
JAMES SCHEIBEL
MAYOR
December 5, 1990
TO :
FROM :
DATE :
Marcia Keller
December 5, 1990
'77%
CITY OF SAINT PAUL
OFFICE OF THE CITY ATI'ORNEY
JANE A. MC PEAJ", CITY ATTORNEY
647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
FAX 612-298-5619
We have just received the yearly sev, ere weather policy that we have
been receiving from the Mayor's office since 1982. Most of the
people in the office have always found this policy a little
confusing.
I have attached a revised document that might be a little more
clear but still say the same thing.
If you agree, you may want to use this policy for next year.
TS/eg
Attachment
Department and Office Directors
FROM :
Department and Office Directors
Rafael A. Viscasillas. Director
Office of Personnel and Labor Relatio
CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORAND
Jane McPeak
City Attorney's Office647 City Hall
St. Paul MN 55102
a,Fil-l,, ,%L=- (;J,; 7rL;%. :er [%,,/ ,a,:fH !,.k)
NOV 9 1990
(j'!"f'; /'ATI O)-":!i:l\
DATE: November 7 1990
RE :Adverse Weather Policy
Attached is a copy of the April 22, 1982 Executive Order which represents the
City's current Adverse Weather Policy.
To refresh your memories about the different elements of our snow policy, please
note the following:
1. It is the responsibility of the department or office director to advise all of
your employees relative to the terms of the City's Adverse Weather Policy. At
the same time, you should review your department/office's procedures to
determine whether they conform to a city-declared adverse weather situation.
It should be made clear to employees whether they are determined to be
essential or non-essential employees for purposes of this City policy.
This classification by the department or office director then determines
whether employees are "required" to report or not.
3. The emergency broadcasting station used by the City of Saint Paul is WCCO
Radio, 830 AM on the radio dial. In the case of severe weather, employees
should tune in to WCCO to hear whether the City is operating under the terms of
our Adverse !7eather Policy.
If there are any questions with regard to the above, please feel free to call me at
298-4221.
Attachment
cc: Mayor Scheibel
Marcia Keller
White - City Clerk
Pink - Finance Dept.
Canary - Dept,
C)ITY OF SAINT PAUL
OFFIOE OF THE MAYOR
EXECUTIVE ORDER
Employee Community Volunteer Services Program
No:
Datea
EXECUTIVEORDER, WHEREAS, the City of Saint Paul wishes to provide
increased opportunities jor citizens to improve their lives and the
lives of others; and
WHEREAS, the City of Saint Paul wishes to provide City employees with
the opportunity to volunteer during their work time in order to improve
the lives o:f others; and
WHEREAS, such a program would set an example for the residents of
Saint Paul providing for more volunteerism in the :future; and
WHEREAS, such a program would increase employee knowledge of the City
and provide more direct contact with the citizenry; and
WHEREAS, such a program would enhance the City's efforts to meet the
needs of the comunity; now, therefore, be it
ORDERED, that the City of Saint Paul hereby establishes a program to
be known as the Employee Community Volunteer Services Program, and,
be it
FURTHER ORDERED, that such a program shall provide for a system
whereby City employees may volunteer for various projects during
normal working hours, and that departments shall approve such
flex-time arrangements that would allow employees to volunteer as
long as the departments' functions and responsibilities can be
carried out without undue disruption.
APPROVED AS TO FORM
Assistant City Attorney
Date 9(aS J"[0 ?uMayor
White - City Clerk
Pink - Finance Dept.
Canary - Dept,
C)ITY OF SAINT PAUL
0 F F I O E O F T H E M A Y O R
EXECUTIVE ORDER
No :
Date a
EXECUTIVE ORDER,
WHEREAS, employees in public safety pos:it:ions have a special trust placed in
them as they serve in that capacity as protectors of the public.
WHEREAS, the abuse of alcohol and use of illegal drugs by employees is inconsistent
with the law-abiding behavior expected of all citizens, and in providing for
their safety.
THEREFORE, the City of Saint Paul re-issues its policy and procedure established
in June, 1988 with an amendment to its threshold detection levels regarding Pre -
Employment Drug and Alcohol Testing for all job applicants who have been conditionally
offered employment with the City of Saint Paul as a Fire Fighter or Police Officer.
Any job offer made to an individual for a Fire Fighter or Police Officer position
shall be made contingent on that person passing a medical examination that includes
drug and alcohol testing. Any further amendments to the current procedure as
necessary will be issued by the Personnel Director at my direction.
APPROVED AS TO FORM
Date
..l" l,:l.
oepamvenioppicacouxcic @i5'!'-'
Office of Personnel & Labor Rel.
CONTACT PERSON & PHONE
- German don Alvarado/298-4221
37 BE ON COIJNCIL AGENDA BY (DATE)
TOT AL # OF SIGNATURE PAGES
a ACTION REOuESTED:
1 (CLIP ALL LOCATIONS FOR SIGNATURE)
RECOMMENDATIONS: Approve (A) Or ROjOOt (R) COUNCIL COMMITTEE/RESEARCH REPORT (OPTIONAL)
PLANNING COMMISSION CML SERVICE COMMISSION ""'
CIB COMMITTEE
COMMENT8:STAFF
DISTRICT COURT
SUPPORTS WHICH COUNCIL O&IECTIVE?
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
E-3(D
iliHlNCio(1,1,"557o ;:'":':
INITIAUDATE -
I:Cl%CO,uNCIL 'o'j"'ci'n'cch#+r a "
1 FIN. & MGT. SERVICES DIR. .';
r
'A: UL4 'j i !,).
PHONE NO.
Re-issue of the City's current Pre-Employment Drug and Alcohol Testing Policy implemented
in June 1988, but with amended threshold detection levels as noted in Section 1.
Definitions, Subsection h. Positive Test Result.
ADVANTAGE8 IF APPROVED:
I'his policy has been established for all entry level Police Officer and Fire Fighter job
applicants who have been conditionally offered employment with the City of Saint Paul.
Any job offer made shall be made contingent on that person passing a medical examination
that includes drug and alcohol testing. The abujse of alcohol and use of illegal drugs is
inconsistent, not only with the law-abiding behavior expected of all citizens, but also
with tl"ie special trust placed in those who serve as protectors of the public.
D18ADV ANT AGES IF APPROVED:
None.
DISADV ANT AGES IF NOT APPROVED:
Inability to test for abuse or use of illegal drugs in prospective appointees to public
safety positions as noted.
RECEIVED
SEPO7199D
r' =
TOT AL AMOUNT OF TRANSACTION
FuNDINn QnllRf':P
FINANCIAL INFORMATION: (EXPLAIN)
s included in medicals CO8T/REVENuEBuDaETED(CIRCLEONE) (EE) NO
u':TIVITY Nl lAuuR
dvv
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
0ITY OF SAI-NT PA[TL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No:E 35
o-t=-77)/19€)
EXECUTIVE ORDER,
WHEREAS, bias crimes are defined in Minnesota Statutes as
un1awful acts motivated by the victim's race, religion, nationa1
or'igrn, sex, age, disability or characteristics identified as
s exu al o ri ent ati on, and
WHEREAS, such acts threaten not on1y individua1s but the
hea1th of communities and consequent1y demand an irmnediate
community response that address the specia1 needs of the victims
and consider the resources of the neighborhood, and
WHEREAS, the City of Saint Paul wrshes to assist communities
in responding to the occurrence of bias crimes to e1iminate
re-emergence of such events,
NOW, THEREFORE, BE IT ORDERED, that a Bias Crime Initial
Response Team be established, headed by the Di rector of the
Department of Human Rights and staffed by representatives from
each department of the City of Saint Pau1 and liaison
rep resentati ves f rom the Sai nt Pau1 nei gh b orh oods. Ci t y
rep rese nti v es will be i de ntifi ed by each d epa rtnte nt di re ct o r a nd
have the authority, when requested by the Director of the Human
Rights Department, to respond in quick and efficient manner to
dea1 with any crime identified as bias as defined above.
Neighborhood representatives wi11 be identified by the current
members of the Bias Crimes Strategy Committee.
APPROVED AS TO FORM
"M' ) %r-kn'tgh Attorn>'y
-)i-! 0
Date '7A/A:)
White - City Clerk
Pink - Finance Dept.
(anary - DOT)t+
GITY OF SAINT PA[TL
0 F F I Ci E O F T H E M A Y O R
No:
Datea
E-3'4
5.- 22-40
EXECUTIVE ORDER,
City managers are often called upon to provide, upon request, personnel data on
current and former employees, and except for data maintained for an undercover
police officer, the following personnel data for current and former employees
is public under the Minnesota Government Data Practices Act: name, actual gross
salary; salary range; contract fees; actual gross pension; the value and nature of
employer paid fringe benefits; the basis for and the amount of any added remuneration,
including expense reimbursement, in addition to salary; job title; job description;
education and training background; previous work experience; date of first and last
employment; work location; a work telephone number; badge number; honors and awards
received; payroll time sheets or other comparable data that are only used to account
for employee's work time for payroll purposes, except to the extent that release of
time sheet data would reveal the employee's reasons for the use of sick or other
medical leave or other not public data; city and county of residence, veteran
status; relevant test scores; rank on eligible list.
The following data is also public, but shall be released, only after approval
by the City Attorney: the status of any complaints or charges against the employee,
whether or not the complaint or charge resulted in a disciplinary action; and the
final disposition of any disciplinary action and supporting documentation.
APPROVED AS TO FORM
'7- A- c-
Assistant City Attorney
Date 3;-tz-':to
t
/-/'-
(/ Mayor
RECEIVED E .,3 i4DEPARTMENTIOFFICE/COtlNCIL DATEINITIATED
INITIAL/DATC INITlALjDATE
@NllMOCn ran -)!J
'ST BE ON couwcic AGENDA BY (DATE) lnouwa j i suoaer DIRECTOR JJ FIN. & MGT. SERVICES DIR.
BORDER j.ffl
@ 4J MAYoR (oR ASSISTAN")
TOT AL # OF Sl€3NATuFlE PAnPQ
I ACTION REOLIESTED:
((:I .IP ALL LOCATIONS FOR SIGNATURE)
Approval of the Executive Order.
RECOMMENDATIONS: Approve (A) or %ject (R)RECOMMENOATIONS: Approve (A) or %ject (R)
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
STAFF
DISTRICT COURT
COUNCIL COMMITTEE/RESEARCH REPORT (OPTIONAL)
ANALYST PHONENO.
COMMENTSi
SuPPORTS WHICH COUNCIL OBJECTIVE?
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
, i ' 1 .kl q,.ai
The State Legislature has mandated what personnel data/information is public and what is
non-public. City employees are often called upon to respond to inquiries in the form of
references from prospective employers, the press, and lending institutions regarding
City employees. This Executive Order will summarize for City employees what data/information
City employees are allowed to provide, to whom, and under what circumstances.
ADVANTAGES IF APPROVED:
".ompliance with the Order will further ensure compliance with state law.
DISADVANTAGES IF APPROVED:
None
Failure to comply with Order may result in a lawsuit involving the employee, the City,
both
RECaVED
CAT' CLERK
-torac AMOUNT OF TRANSACTION $ -00-YES
pg%gl%f', Qnl IRnP
FINANCIAL INFORMATION: (EXPLAIN)
JlnTMTY NuMBFj'l
or
d'!J!
City Clerk
Finance Dept
Dept,
GITY OF SAINT PAUL
OFFICiE OF THE MAYOR
No :
Dote'
EXECUTIVE ORDER,
City volunteers are unique and important, for they accentuate the positive
things that our Saint Paul citizens are doing today. They are also an
attractive recruitment role model for other volunteers to start volunteering.
They are part of a city-wide effort that brings together youth, parents,
recreation staff, citizens, neighborhoods, the Mayor, City Council and local
businesses in a positive way.
Pursuant to Chapter 3 of the Charter of the City of Saint Paul, the Mayor
hereby directs the establishment of City of Saint Paul Volunteer Recognition
Week.
1.The hard work and commitment of volunteers have made our cornrnunity a
better place in which to live.
2. Volunteerism has fostered the development of partnerships between the
public and private sectors of the City of Saint Paul to face community
chal lenges.
3.Volunteers are a vital resource to provide for the well-being of our
community and its citizens.
4. The City of Saint Paul wishes to thank our volunteers for their dedicated
service and generous spirit.
The Mayor, hereby, proclaims the week of April 22-28, 1990 as
CITY OF SAINT PAUL VOLUNTEER RECOGNITION WEEK
APPROVED AS TO FORM
Date
l/ Mayor
DEP
Office of the Mayor
CONTACT PERSON & PHONE
Marcia Keller 5121
iST BE ON COUNCIL AGENDA BY (DATE)
< ,
TOT AL # OF SIGNATURF PAnFQ 1
I ACTION REOLIESTED:
Approve Executive Order
RECOMMENDATIONSI Approve (A) or Reject (R)
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
DATE INITIATED ' - ' jE - 33
3/30/9o GREEN SHEET" ' I"so. 7277
IlllTIALjDAT( INITIAUDATE
rEPARTMENT DIRECTOR p CITY COUNCIL
BUDGET DIRECTOR 7 FIN. & MGT. SERVICES DIFI.
MAYOR (OR ASSISTANT) 0
(CI.IP ALL LC ;ATIONS FOR SICiNATURE)
" E:""E/VF33
COUNCIL COMMITTEE/RESEARCH REPORT (OPTIONAL)
ANALYST
APR 3 7,9(?p
Pa:y 47TORNl,,,b\
STAFF COMMENTS:
D18TRICT COURT
SuPPORT8 WHICH COUNCIL OBJECTIVE?
INITIATINCi PROBLEM, ISSUE, OPPORTUNITY (Who, Whai When, Where, Why):
Opportunity to acknowledge the importance of volunteers.
ADV ANT AGES IF APPROVED:
NO casts,
=cogn'+ze the contributions of those who volunteer their time to the City.
DISADVANTAGES IF APPROVED:
None
DISADV ANT AGES IF NOT APPROVED:
f'!CEIVED
APRO41990
CITY ClERK
iOTAL AMOUNT OF TRANSACTION
FINANCIAL INFORMATION: (EXPLAIN)
s -00-COST/REVENUE BUDaETED (CIRCLE ONE) YES
ACTMTY NuMBFR
NO
dg,=
White - City Clerk
Pink - Finance Dept.
Canary - Dept,
GITY OF SAINT PAUL
OFFICE OF THE MAYOR
EXECUTIVE ORDER
E-3.2
1990
EXECUTIVE ORDER,
Pursu ant to the p ro visio n s o f Minne so ta Statutes, S ec tio n 47 3 . 604 ,
I do hereby appoint Thomas C. Kayser, 466 S. Mississippi River Boulevard,
Saint Paul, Minnesota 55105, a qualified voter of the City of Saint Paul
to serve in my stead as a member of the Metropolitan Airports Commission
during the term of my office as Mayor of the City of Saint Paul,
effective January 5, 1990.
Thomas C, Kayser was originally appointed August 23, 1988 as
Ma yo r Geo r ge L at ime r ' s rep resentati ve .
APPROVED AS TO FORM
Assistant City Attorney
Date
J a n u a r y 5 , 19 9 0 Q>a[J)(s</[
v/2 Mayor
DEP , ,.
Mayor Scheibel S Office -a'
(,ONT ACT PERSON & PHONE
Molly O'Rourke - 298-4323
- IST BE ON COUNaL AGENDA BY (DATE)
,S.A.P.
TOT AL # OF SIGNATURE PAnPQ
ACTION FIEQUESTED:
DATE INITIATED
1-4-90
IMRPR ?nR
GREEN SHEET
INITI,IL/ DATC
JEPARTMENT DIRECTOR
ICITY ATTORNEY
€BJr!'ADyGoEFITtoDFIR /kEsCsTOiST ANT
(CLIP ALL LOCATIONS FOR SIGNATURE)
E-39
N0. 7587
INITIAUDATE -
8CITY COUNCIL
pCITY CLERK
IFIN. & MGT. SERVICES DIR.
€
Executive Order to in,f5orn the Co'uncil that 'Mayor Scheibel has selected
Thomas Kayser to be his rep:pesentative on the Metropolitan Airports Commission
Thomas Kayser was Mayor Latiiner's representative also.
RECOMMENDATIONS: Approve (A) or Reject (R)
PLANNING COMMISSION
CIB COMMITTEE
aVIL SERVIC,E COMMISSION
COUNCIL COMMITTEE/RESEARCH REPORT (OPTIONAL)
ANALYST
STAFF COMMENTS:
DISTRICT COURT
SUPPORTS WHICH COUNCIL OaJECTIVE?
INITIATING PROBLEM, ISSUE, OPPORTUNIT/ (Who, Whal When, Where, Why):
PHONE NO.
I
ADVANTA3ES IF APPROVED:
DISADV ANT AGES IF APPROVED:
DISADV ANT AGES IF NOT APPROVED:
OT AL AMOUNT OF TRANSACTION $
FuNDINn Qnl In(':P
FINANCIAL INFORMATION: (EXPLAIN)
COST/REVENUE BuDaETED (CIRCLE ONE) YES
4(a;71y17v NI IMFIPR
NO
Pink - Dept.
EXECUTIVE ORDER,
0ITY OF SAINT PAUL
0 FF IGE OF TH E M AY O R
EXECUTIVE ORDER
No :
Date'
E 31
4/ tg /g'l
Pursuant to Chapter 3 of the Charter of the City of Saint Paul, the Mayor hereby
directs the establishment of a Drug-Free Workplace Policy for the City of Saint
Paul :
Employees are hereby notified
dispensing, possession or use
the workplace. Employees who
disciplinary action including
that the unlawful manufacture, distribution,
of a controlled substance is prohibited in
violate this prohibition shall be subject to
possible termination.
2. Training and Development shall offer a drug-free awareness program to
inform employees about this policy including information about the dangers
of drug abuse in the workplace, the City's policy of maintaining a
drug-free workplace, the penalties that may be imposed upon employees for
drug abuse violations occurring in the worlcplace, and the availability of
the Employee Assistance Resource for drug counseling and rehabilitation.
3. The City shall require that each employee to be engaged in the performance
of a Federal grant shall be given a copy of this policy.
4. The City shall require that each employee to be engaged in the performance
of a Federal grant shall, as a condition of employment under the grant,
abide by the terms of this policy and shall notify the City of any criminal
drug statute conviction for a violation occurring in the workplace no later
than five days after such conviction. Upon receiving such a notice or upon
otherwise receiving actual notice of such a conviction, the City shall
notify the appropriate Federal agency within ten days.
5. Within thirty days of receiving such notice, the City shall take one or
both of the following actions. Discipline the employee or require the
employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or
local health, law enforcement, or other appropriate agency.
6. The City shall further make a good faith effort to continue to maintain a
drug-free workplace through implementation of this policy.
APP§(XpD AS,,{O FORM
' % a %a , r
Assistant City Attorney
q/i-i7zqDate
Mayor
White - C,ity Cmk
Piar-I- Fir3,ince oept.CanarV - 0pipi,
0ITY OF SAINT Phnb
0FF I Ci E OF T H E M AYO R
f ,J,
N-= i")- ?E37f3
EXECUTIVE ORDER
e Datea August 23, 1988
B/,,)(,=/ee
EXECUTIVE ORDER,
Pursuant to the provisions of Minnesota Statutes, Section 473.604, I
do hereby appoint Thomas C. Kayser, 466 S. Mississippi River Boulevard,
Saint Pau1, Minnesota 55105, a qua1ified voter of the City of Saint Pau1, to
serve in my stead as a member of the Metropo1itan Airports Commission during
the term of my office as Mayor of the City of Saint Paul, effective
October 1, 1988.
Thomas C. Kayser replaces Barbara Ziegler Ashley, who has tendered
her resignation.
0
APPROVED AS TO FORM
(O
Date August 23, 1988
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
0ITY OF SAINT PAUL
OFFI(3E OF THE MAYOR
EXECUTIVE ORDER No E-"aq
Datp 3-/o-gg
EXECUTIVEORDER, Pursuant to Chapter 3 of the Charter of the City
of Saint Paul and as required by Minnesota Statutes Section 13.05,
Subd. 8, the attached City of Saint Paul Guidelines and Procedures
for the Minnesota Government Data Practices Act is established
with an implementation date of September 1, 1988.
APPROVED AS TO FORM
Assistant City Attorney
S')19YV
May r
CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
E-,Qq
MEMO TO: Department and Office Directors
FROM :
DATE:
Geor[e Latimer,
Auzust 9, 1988
Mayor
SUBJECT: An Executive Order Implementing Data Privacy
Guidelines and Procedures
Since State Statutes require the establishment of @uidelines
for the collection and maintenance of data, Jane McPeak has
prepared a book of procedures and guidelines. The cabinet
adopted these @uidelines on June 16, 1988 and I concur with
the cabinet's recommendation. Therefore, I have issued the
accompanying Executive Order, implementin@ Data Privacy
Guidelines and Procedures effective September 1, 1988.
GL / j r
cc : Jane McPeak
Attachments :
Executive Order
Copy of Jane McPeak's book of Procedures and Guidelines
(Only for staff who have not yet received a copy)
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
C)ITY OF SAINT PA'[JL
OFFIC+E OF THE MAYOR
EXECUTIVE ORDER
EXECUTIVE ORDER,
that all employees have the right to
their dignity and worth, as
and the citizens they serve.
and implementation
demonstrates
training as it
surrounding
The City of Saint Paul recogn:izes
expect a work environment that respects
well as that of their fellow employees
The following procedures for reporting, :investigation
of the City of Saint Paul's Sexual Harassment Policy
the City's firm comrn:itment to provide education and
relates to the understanding of the issues and the harm
acts of sexual harassment.
The Mayor, hereby, approves the attached procedures for the Sexual
I-iarassment Policy of the City of Saint Paul.
APPROVED AS TO FORM
Assistant City Attorney
Date '7/-zo A?Y Jl
E2A'
REPORTINC:, INVESTIGATION AND TRAINING PROCEDURES
FOR THE SEXUAL HARASSMENT POLICY OF THE
CITY OF SAINT PAUL
I. Reporting Procedures.Page 1
II. Internal Investigation Procedures.3
III. Recommendations and Appropriate Actions.6
IV. Dissemination of Policy and Procedures.8
V. Training.
g
Appendix
A. Acknowledgement.
10
B. Additional Resources for Complaint Follow-up.11
08.04.88
I . REPORTING PROCEDURES
A. Harassment of an Employee
The City is dedicated to making its work environment free of sexualharassment. The City's ability to act promptly and effectively isdependent on timely reports of alleged incidents of sexual
harassment. Any person who believes he/she has been subjected tosexual harassment or has knowledge of conduct constituting sexualharassment has a responsibility to do one or both of the following:
1. Take action to stop the harassment. hile you are not obligatedto confront the person, you may choose to speak privately with theperson initiating the offending conduct and ask him/her to stop.It is helpful to provide the person with the reasons why you areoffended by the conduct, as he/she may be unaware of its impactupon you. If the conduct stops, you may decide not to report theincident to your supervisor.
2. If you do not wish to speak privately with the individual or ifthe conduct continues after you have communicated your concerns tothe person initiating the conduct, immediately contact yoursupervisor or your supervisor's immediate supervisor, asappropriate, or the director of your department, or a member ofthe Affirmative Action staff in the Office of Personnel and LaborRelations, or the City Attorney. Relate to them the nature of theharassment conduct; this can be done orally or in written form.
B. Harassment by a Service Provider
Services on behalf of the public that are provided through a serviceprovider under contract with the City are to remain free of any formof sexual harassment. Any person who believes he/she has beensubjected to sexual harassment or has knowledge of conduct
constituting sexual harassment has a responsibility to do one or bothof the following:
1. Take action to stop the harassment. Thile you are not obligatedto confront the person, you may choose to speak privately with theperson initiating the offending conduct and ask him/her to stop.It is helpful to provide the person with the reasons why you areoffended by the conduct, as he/she may be unaware of its impactupon you. If the conduct stops, you may decide not to report theincident to your superv:isor.
1 08.0=+.88
I.B,2. continued
2. Any person receiving a service from the City through a service
provider under contract with the City who believes they have been
sexually harassed can file a complaint of sexual harassment with
the City of Saint Paul Human Rights Department.
C. Other Reporting Options
If you do not wish to use the procedures previously set forth in thissection, a list of alternative resources is available in Appendix A.
2 08.04.88
II. INTERNAL INVESTIGATION PROCEDURES
A. Persons Notified
The following persons are to be immediately notified when a complainthas been made of sexual harassment in the workplace:
1. Within 24 hours, the individual first notified of the complaintmust contact both the complainant's department director and theCity's Director for Affirmative Action in the Office of Personneland Labor Relations. The Director for Affirmative Action, as theCity's complaint monitoring coordinator, will immediately notifythe City Attorney's office. In situations where a complaintinvolves parties from more than one department, each departmentdirector is to be notified. The above individuals are to beprovided with the following information:
a. The names of all persons involved,
b. The time and location where the alleged incident(s) occurred,
c. The nature of the complaint of harassment.
B. Investigation Procedures
Upon notification, the department director or his/her designee shalldo the following:
1. Establish a department personnel file for the investigation andproceed to conduct a full internal investigation of thecomplaint.
2. Notify the Director for Affirmative Action of the procedures andtimetable for the internal investigation within three (3) workingdays.
3. Advise both the person bringing the complaint and the personor persons alleged to have committed the offending conduct:
That a complaint has been filed.
Vhat the procedures and the timetable are for the
'rnvest'rgatxon.
To refrain from any conduct that could be misinterpreted orinferred by others as ongoing harassment or as retaliation.
3 08.04.88
II.B.3. continued
That continuation of similar conduct or perceived
retaliatory action must be immediately reported to the
department director or his/her designee.
That in order to make a fair investigation of the merit ofthe complaint, the full cooperation of all concerned partiesis expected.
That requests for anonymity and/or confidentiality ofstatements made by any party in the investigation will bereviewed on a case-by-case basis and be respected unless
prohibited under the Government Data Practices Act; or in theopinion of the department director or his/her designee, itwill interfere with a fair investigation of the facts andprohibit the implementation of appropriate and effective
action.
That all parties are not to discuss any statements grven
during the course of the investigation, nor further speculate
with others about the complaint itself nor about theinves ti gation.
This information shall be conveyed in a non-judgmental way topreserve both objectivity and the rights of all individuals
involved in the internal investigation.
C. Reporting of Findings
As soon as the internal investigation has been completed, theindividual conducting the investigation shall provide to thedepartment director a written report including a summary of theinvestigation, a findings of fact, and recommendations. The internalinvestigation, including the written report, must be completed withinfifteen (15) working days after filing of a complaint, unless, in thediscretion of the deparfflent/director, circumstances necessitateextending the time. Once the report is received, the departmentdirector and appropriate supervisor shall:
1. Review the report and consider what action, if any, will betaken.
2. Consult with the Director for Affirmative Action and the CityAttorney's office prior to the determination of the appropriate
actions to be taken by the department director.
4 08. Og. 88
II,C,3, continued
3. Take whatever action is necessary as soon as practical or, at thelatest, within five (5) working days of receipt of the report,unless a further review of the matter is deemed appropriate.
D. Confidentiality of Investigations and Records
A summary of the findings, recommendations and actions taken by thedepartment will be provided to the Director for Affirmative Actionwithin five (5) working days of receipt of the report by thedepartment and will be placed in a confidential file in the Office ofPersonnel and Labor Relations. The contents of the Office ofPersonnel and Labor Relations' file and the department's investigationfile will remain confidential, unless disclosure is mandated by theMinnesota Government Data Practices Act or court order.
E. Harassment Involving a Provider of Services
The City of Saint Paul Human Rights Department will follow its ownprocedures for the investigation and determination of appropriatesanctions on complaints made by the public against a provider ofservices who is under contract with the City.
5 08.04.88
III. RECOMMENDATIONS AND APPROPRIATE ACTION
A. Substantiated Clain'is
The action taken in a particular case will depend on the existence ofsufficient evidence to prove the complaint, the severity and
frequency of the conduct involved, and whether prior incidents andwarning notices exist. Corrective actions may include, but are notlimited to, one or more of the following:
1. Disciplinary action against the offending employee pursuant to theCivil Service Rules.
2. Discussion with the offending employee concerning his/her conductand its affect on the work environment and his/her performance,including reference to specific areas in performance appraisals
affected by the conduct discovered through the internal
investigation process.
counseling,
the City's
requirement may also be
by the employee's
concerning the employee's
the projected term of
necessitate that the employee
release form. Attendance at the
Program can also be required.
3. Requiring the offending employee to seek individual
which may include, but is not limited to, referral toEmployee Assistance Program. An optional
included that periodic reports be provided
counselor or health care professional
ongoing attendance at the sessions and
treatment. Said requirement would
signs a voluntary medical waiver
City's Sexual Harassment Training
4. Separation of the employees involved through transfer.
5. Oral or written order to the offending employee to discontinue theconduct with a warning that any further similar conduct or
retaliatory actions will result in further disciplinary action,
involving suspension or possible discharge.
6. Take reasonable steps to protect the employee who has beensexually harassed from retaliation.
a. In all cases, monitor the work environment on a periodic basis
by maintaining contact with the employees involved in the
internal investigation to determine whether the work
environment remains free of sexual harassment and retaliatory
acts.
6 08,04.88
III.A.7.b. continued
b. Written reports concern:ing these follow-up measures shall befiled in the confidential file on a quarterly basis for oneyear and on an as-needed basis thereafter with the departmentdirector and the Director for Affirmative Action.
In summary, all employees must act responsibly and promptly. Failureto do so not only makes the goal of removing unacceptable behaviorfrom the workplace difficult, but exposes the City, the supervisors,and individual employees to financial risk and liability.
B. Findings Follow-up
In all cases, inform the employee who filed the complaint of theresults of the investigation and the status of corrective actiontaken.
C. Unsubstantiated Claims
D. False and Malicious Claims
Complaints determined to be false and malicious will be treated in thesame manner as other forms of serious misconduct. It must beunderstood that false and malicious complaints can have a grxevousaffect on the individuals involved.
7 08.04.88
IV. DISSEMINATION OF POLICY AND PROCEDURES
The City recognizes that the adoption of the policy and procedures for
sexual harassment will not, in and of itself, help an employee, supervisor
or manager recognize inappropriate conduct and determine what is to be
done when confronted with a problem. That follows is an outline of how
the City will communicate the particulars of this policy to all
employees, thus providing an opportunity to ask questions and seek
information.
A. All current employees, regardless of status, shall receive a copy
of this policy and procedures with an attached acknowledgment page.
(See Appendix B.) The employee and his/her supervisor are obligated to
read and sign the acknowledgment page. The signature is an
acknowledgment that the policy and procedures have been received and
read, and the employee has been notified that the Affirmative Action
Division staff will be available to respond to questions raised by all
employees. The acknowledgment page will be returned to the Office of
Personnel and Labor Relations and placed in the personnel file within
ten (10) working days of its receipt by the employee.
B. The Office of Personnel and Labor Relations will be responsible for
annual notification to all employees of the existence and availability
of this policy.
C. All new employees, as hired, will review the policy with their
supervisor, sign the policy-and-procedures acknowledgment page, and
return it to the Office of Personnel and Labor Relations within five
(5) working days of its receipt for initial review.
8 08.04.88
V . TRAINING
In order to gain an understanding of this issue and give meaning to theexistence of the Sexual Harassment Policy and Procedures, a wide-spread
is through this education that a
will receive the widest exposure as a
dignity, worth and rights of fellow
their responsibilities and their
that recent awareness of the issue
to how it is defined,
questions, the City proposes
education campaign is necessary. It
full discussion of sexual harassment
work-environment issue involving the
employees, their values and perceptions,
accountabilities. The City understands
of sexual harassment has exposed confusion as
recognized and handled. To help answer these
the following:
A. The policy and procedures will be incorporated into the new content
of the ongoing First Line Supervisory Training Program and the NewEmployee Orientation.
B. A manual of procedu'res on conducting an internal investigation of acomplaint will be developed and disseminated.
C.Sexual Harassment training workshops will be conducted at least four
(4) times a year, with attendance open and available to all employees.Sexual Harassment training workshops will be provided to individual
departments and/or special groups of employees, as warranted.
D. Training 'workshops for managers and directors will be conducted
jointly by the City Attorney, the Human Rights Director and the
Director for Affirmative Action to provide the participants the means
to respond to inquiries from their employees on the issue, as well as
to answer questions on the legal liability of the employer.
-NOTE
THERE MAY BE UNFORESEEN CIRCUMSTANCES !THERE THE PROCEDuRES SET FORTH IN THISSEXUAL HARASSMENT POLICY CANNOT BE USED. CONSULTATION INVOLVING THE DEPARTMENTDIRECTOR, THE DIRECTOR FOR AFFIRMATIVE ACTION, THE PERSONNEL AND IABOR RELATIONSDIRECTOR AND THE CITY ATTORNEY'S OFFICE IS TO TAKE PLACE IMMEDIATELY UPONRECEIPT OF A COMPLAINT SO THAT THE INVESTIGATION MAY BE CONDUCTED IN ACONSISTENT AND FAIR MANNER WITH APPROPRIATE FOLLOW-UP ACTION TAKEN. THE PARTIESINVOLVED ARE TO BE ADVISED PROMPTLY OF EACH STEP TO BE TAKEN, WITH AN
APPROXIMATE TIMETABLE FOR THE COMPLETION OF THE INVESTIC.ATION.
g 08.04.88
CITY OF SAINT PAUL
A. Acknowledgment
SEXUAL HARASSMENT POLICY
APPENDIX
I have received a copy of this Sexual Harassment Policy and have reviewed
same. I have been informed that if I have any questions or concerns about
the application of this policy or about the policy itself, my supervisor,
department director, and the City's Director for Affirmative Action are
available to provide assistance.
Employee's Name (Please print)Employee's Signature/Date Signed
Supervisor's Name (Please print)Supervisor's Signature/Date Signed
Department/Division and/or Section
10 08.04.88
APPENDIX
B. Additional Resources for Complaint Follow-up
Any person who believes they have been subjected to sexual harassmentor has knowledge of conduct constituting sexual harassment candirectly contact the following resources:
1. City of Saint Paul Employee Assistance Program612/347-5176 (24-hour telephone hotline)
2. City of Saint Paul Peer Counselor Program612/298-5006
3. Your appropriate bargaining unit's union representative at theworksite.
4. Human Rights Department
515 City Hall
Saint Paul, Minnesota 55102
612/298-4288
5. Minnesota Department of Human Rights
Bremer Tower, Fifth Floor
Seventh Place and Minnesota Street
Saint Paul, Minnesota 55101
612/296 - 5663
6. United States Equal Employment Opportunity Commission220 Second Street South, #108
Minneapolis, Minnesota 55401
612/370 - 3330
11 08.04.88
Whi4a - City Clerk
Pink - Finance Dept.
Canary - [!lept.
C)ITY OF SAINT PATJL
OFFIOE OF THE MAYOR
EXECUTIVE ORDER
No :
Date'
E- Q7
b-r-i-g's
EXECUTIVE ORDER,
The City of Saint Paul recognizes that all employees have the right to expect a work
environment that respects their dignity and worth, as well as that of their fellow
employees and the c:itizens they serve. The following policy demonstrates the City's
firm commitment to provide education and training as it relates to the understanding
of the issues and the harm surrounding acts of sexual harassment.
The Mayor, hereby, approves the attached policy as the Sexual Harassment Policy andProcedures of the City of Saint Paul.
.APPROVED AS TO FORM
Assistant City Attorney
5afe
y or
M,qyoy's /Personnel
gBym.in dgn Alvarado
298-4221
i-'1 June 19).88a'
DEPARTMENT
CONTACT NAME
PHONE
DATE
"'7 N! 013282
Green Sheet
4 City Clerk
TOTAL NUMBER OF SIGNATURE PAGES:(Clip all locations for signature.)
flAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/Rationale)
This is a newly revised City of Saint Paul policy and procedures for all employeesfor handling and processing complaints of sexual harassment. It is intended toprovide elaboration about what constitutes offending conduct, specify timely courseof action for investigation, outline the rights and protection for all involvedin an invest;gation and follow-up, detail overall training and policy disseminationresponsibilities, and provide centra1ized monitoring of complaints and :invest:igat'ions.
COST/BENEFIT, BUDGETARY, AND PERSONNEL IMPACTS ANTICIPATED:
None
FINANCING SOURG;E AND BUDGET ACTIVITY NU'MBER CHAR(.ED(Mayor's signature not required if under !>10,000.)
-"'aaoo
OR CRE'atITE@
RECEtVED
JUN 0 3 1988
CITY CLERK
Total Amount of Transhction: Not applicable ACtlVlt7 Num'ber : %()i Bppl i(,,l)l (Funding Source:
Not applicable
ATTACHMENTS: (List and number all attachments.)
ADMINISTRATIVE PROCEDURES
Ye s
Ye s
xNo
x NO
Rules, Regulations, Procedures, or Budget Amendment required?If yes, are they or timetable attached?
')EPARTMENT REVIEW
Yes
Yes
Ye s
Council resolution required?
Insurance required?
Insurance attached?
CITY ATTORNEY REVIEW
Resolution required?
Insurance sufficient?
Ye s
Ye s
CITY OF SAINT PAUL
SEXUAL HARASSMENT POLICY AND PROCEDURES
Introduction
The City of Saint Paul has developed the following policy and procedures forinvestigating complaints in the workplace. The outline of the SexualHarassment Policy is as follows:
I. Sexual Harassment Policy and Definition.,Page 1
II. Employee's Responsibilities.4
III. Reporting Procedures 5
IV. Internal Investigation Procedures.7
V. Recommendations and Appropriate Actions.10
VI. Dissemination of Policy and Procedures 12
VII. Training
13
Appendix
A. Additional Resources for Complaint Follow-up.14
B. Acknowledgment.
15
06.01.88
I. SEXUAL HARASSHENT POLICY AND DEFINITIONS
A. Policy Statement
The City of Saint Paul, as a public employer and a provider ofservxces, !7ILL NOT TOLERATE NOR CONDONE SEXUAL HARASSMENT IN ANY FORMfrom any employee, regardless of their employment status, nor from aprovider of services who is under contract with the City.
Sexual harassment can be overt or subtle. Some behavior which may beacceptable in a social setting is not appropriate in the workplace.Vhatever form it takes --- verbal, nonverbal or physical --- sexualharassment is insulting and demeaning to the recipient and cannot andwill not be tolerated in the workplace. All employees, supervisorsand managers are responsible for maintaining a work environment freefrom any form of sexual harassment and will be held fully accountablein complying with this policy and taking appropriate measures toinsure that such conduct does not occur.
APPROPRIATE DISCIPLINARY ACTION !7ILL BE TAKEN AGAINST ANY EMPLOYEE daVIOLATES THIS POLICY. Based on the seriousness of the offense,disciplinary action may include verbal or written reprimand,suspension, demotion, or termination.
The defense and indemnification of an employee charged with aviolation of this sexual harassment policy will be reviewed on acase-by-case basis.
B. Definition of Sexual Harassment
Section 363.01 et' seq. of the Minnesota State Statute defines sexualharassment as including unwelcomed sexual advances, requests forsexual favors, sexually motivated physical contact, or other verbalexpressron or physical conduct, or communication of a sexual naturewhen :
1. "Submission to that conduct or communication is made a term orcondition, either explicitly or implicitly, of obtainingemployment. .or public services. "
2. "Submission to or rejection of that conduct or communication by anindividual is used as a factor in decisions affecting thatindividual's employment. .or public services. "
3. "That conduct or communication has the purpose or effect ofsubstantially interfering with an individual's employment.. or
1 06.01.88
I.B.3. continued
public services. . .or creating an intimidating, hostile, oroffensive employment environment . .or public servicesenvironment . . . and in the case of employment, the employerknows or should know of the existence of the harassment and failsto take timely and appropriate action.
Title VII of the Civil Rights Act of 1964, in conjunction with theEqual Employment Opportunity Commission's guidelines for definingsexual harassment, prohibits unwelcomed sexual advances, requests forsexual favors, and other verbal expression or physical conduct of asexual nature.
C. Examples of Employee Conduct
The City views sexual harassment in the workplace in the broadestpossible scope. Determining whether sexual harassment has occurred inthe workplace will be resolved after a case-by-case investigation ofthe facts. Examples of conduct which demean the dignity and worth ofan employee are:
1. Threatening actions in order to have a sexual favor performed;
2. Intimating, by way of a suggestion, a desire for sexual relationsor physical contact;
3. Continued suggestions regarding invitations to social eventsoutside the workplace, or work-related social activities, afterbeing informed that such suggestions are unwelcomed;
4. Use of any offensive or demeaning terms which have a sexualconnotation such as :
a. Verbal abuses of a sexual natute
b. Graphic commentaries about a person's body,
c. Use of sexually degrading words to describe a person,
d. Propositions of a sexual nature,
e, Deliberate or careless expression of jokes or remarks
of a sexual nature to, or in the presence of, persons whofind such jokes or remarks offensive,
2 06.01.88
IC5 continued
5. Deliberate or careless creation of an atmosphere of sexualharassment or intimidationa
6. Use of sexualiy suggestive objects;
7. Pictures placed iri work areas tk'iat embarrass or offend, includingposting of "dirty" pictures;
8, Circulation of sexual cartoons;
9. Uninvited attention through prolonged staring or leeringat a person which causes a person to feel uncomfortableand harassed;
10. !7histling in such a manner as to attract unwelcomed attention toanother person;
11. Uninvited physical closeness or unwanted physical contact, as inthe uninvited touch, hugging, patting, and/or pinching;
12. Initiating unwanted discussion of one's personal sex lffe.
D. Provider of Services
These examples of improper conduct are equally applicable to aprovider of services who is under contract with the CLty.
3 06.01.88
II. EMPLOYEE'S RESPONSIBILITIES
A. All employees are equally responsible and accountable for maintaininga workplace that respects the dignity and rights of their fellowemployees and the citizens they serve. Employees are encouraged to besupportive of or'ie anothet and sensitive to remarks and actions thatcan be personally harmful and/or disruptive to others in theworkplace.
B. Supervisors and managers must serve as positive role models withrespect to proper conduct in. the workplace. Along with their ownconduct, supervisors 'and managers must always be alert in identifyingnegative behavior among employees, whether intentional or not, thatmay affect the work environment.
C. Supervisors and managers must educate employees concerning the City'sSexual Harassment Policy and Procedures and the standards of conductthat are expected. Supervisors and managers should encourageemployees to discuss and ask questions in order to become betterinformed and to bring concerns and observations to the attention oftheir supervisors and managers for discussion and follow-up, asappropriate. Supervisors and managers can use staff meetings andindividual one-on-one discussions as appropriate means for review ofquestions and concerns about the workplace. General allegations andconcerns about the workplace environment can often be resolved throughthese informal meetings and discussion sessions. If a specificcomplaint is presented, an internal investigation will be conducted.
4 06.01.88
III. REPORTING PROCEDURES
A. Harassment of an Employee
The City is dedicated to making its work environment free of sexualharassment. The City's ability to act promptly and effectively isdependent on timely reports of alleged incidents of sexualharassment. Any person who believes he/she has been subjected tosexual harassment or has knowledge of conduct constituting sexualharassment has a responsibility to do one or both of the following:
1. Take action to stop the harassment.
tO hile you are not obligatedconfront the person, you may choose to speak privately with theperson initiating the offending conduct and ask him/her to stop.It is helpful to provide the person with the reasons why you areoffended by the conduct, as he/she may be unaware of its impactupon you. If the conduct stops, you may decide not to report theincident to your supervisor.
2. If you do not wish to speak privately with the individual or ifthe conduct continues after you have commun'icated your concerns tothe person initiating the conduct, immediately contact yoursupervisor or your supervisor's immediate supervisor, asappropriate, or the director of your department, or a member ofthe Affirmative Action staff in the Office of Personnel and LaborRelations, or the City Attorney. Relate to them the nature of theharassment conduct; this can be done orally or in written form.
B. Harassment by a Service Ptovider
Services on behalf of the public that are provided through a serviceprovider under contract with the City are to remain free of any formof sexual harassment. Any person who believes he/she has beensubjected to sexual harassment or has knowledge of conductconstituting sexual harassment has a responsibility to do one or bothof the following:
1. Take action to stop the harassment. !7hile you are not obligatedto confront the person, you may choose to speak privately with theperson initiating the offending conduct and ask him/her to stop.It is helpful to provide the person with the reasons why you areoffended by the conduct, as he/she may be unaware of its impactupon you. If the conduct stops, you may decide not to report theincident to your supervisor.
5 06.01.88
III.B.2. continued
2. Any person receiving a service from the City through a serviceprovider under contract with the City who feels they have beensexually harassed can file a complaint of sexual harassment withthe City of Saint Paul Human Rights Department.
C. Other Reporting Options
If you do not wish to use the procedures previously set forth in thissection, a list of altetnative resources is available in Appendix A.
06.01.88
IV. INTERNAL INVESTIGATION PROCEI)URES
A. Persons Notified
The following persons are to be immediately notified when a complaint
has been made of sexual harassment in the workplace:
1. Within 24 hours, the individual first notified of the complaint
must contact both the complainant's department director and the
City's Director for Affirmative Action in the Office of Personnel
and Labor Relations. The Director for Affirmative Action, as the
City's complaint monitoring coordinator, will immediately notify
the City Attorney's office. In situations where a complaint
involves parties from more than one department, each department
director is to be notified. The above individuals are to be
provided with the following information:
a. The names of all persons involved,
b. The time and location where the alleged incident(s) occurred,
c. The nature of the complaint of harassment.
B. Investigation Procedures
Upon notification, the department director or his/her designee shalldo the following:
1. Establish a department personnel file for the investigation and
proceed to conduct a full inte'tnal investigation of the
complaint.
2. Notify the Director for Affirmative Action of the procedures and
timetable for the internal investigation within three (3) working
days.
3. Advise both the person bringing the complaint and the personor persons alleged to have committed the offending conduct:
That a complaint has been filed.
!That the procedures and the timetable are for the
investigation.
To refrain from any conduct that could be misinterpreted or
inferred by others as ongoing harassment or as retaliation.
06.01.88
IV.B.3. continued
That continuation of similar conduct or perceived
retaliatory action must be irmnediately reported to the
department director or his/her designee.
That in order to make a fa:fr investigation of the merit of
the complaint, the full cooperation of all concerned partiesis expected.
That requests for anonymity and/or confidentiality ofstatements made by any party in the investigation will bereviewed on a case-by-case basis and be respected unless
prohibited under the Government Data Practices Act; or in theopinion of the department director or his/her designee, itwill interfere with a fair investigation of the facts andprohibit the implementation of appropriate and effective
action.
That all parties are not to discuss any statements given
during the course of the investigation, nor further speculate
with others about the complaint itself nor about theinvestigation.
This information shall be conveyed in a non-iudgmental way topreserve both objectivity and the rights of all-individuals
involved in the internal investigation.
C. Reporting of Findings
As soon as the internal investigation has been completed, theindividual conducting the investigation shall provide to thedepartment director a written report including a summary of theinvestigation, a findings of fact, and recommendations. The internalinvestigation, including the written report, must be completed withinfifteen (15) working days after filing of a complaint, unless, in thediscretion of the department/director, circumstances necessitateextending the time. Once the report is received, the departmentdirector and appropriate supervisor shall:
1. Review the report and consider what action, if any, will betaken.
2. Consult with the Director for Affirmative Action and the CityAttorney's office prior to the determination of the appropriateactions to be taken by the department director.
8 06,01,88
IV,C.3, continued
3. Take whatever action is necessary as soon as practical or, at the
latest, within five (5) working days of receipt of the report,
unless a further review of the matter is deemed appropriate.
D. Confidentiality of Investigations and Records
A summary of the findings, recommendations and actions taken by the
department will be provided to the Director for Affirmative Action
within five (5) working days of receipt of the report by the
department and will be placed in a confidential file in the Office of
Personnel and Labor Relations. The contents of the Office of
Personnel and Labor Relations' file and the department's investigation
file will remain confidential, unless disclosure is mandated by the
Minnesota Government Data Practices Act or court order.
E. Harassment Involving a Provider of Services
The City of Saint Paul Human Rights Department will follow its own
procedures for the investigation and determination of appropriate
sanctions on complaints made by the public against a provider of
services who is under contract with the City.
g 06.01.88
V. RECOMMENDATIONS AND APPROPRIATE ACTION
A, Substantiated Claims
The action taken in a particular case will depend on the existence ofsufficient evidenc-e to pro've the complaint, the severity andfrequency of the conduct involved, and whether prior incidents andwarning notices exist. Corrective actions may include, but are notlimited to, one or more of the following:
1. Disciplinary action against the offending employee pursuant to theCivil Service Rules.
2. Discussion with the offending employee concernrng his/her conductand its affect on the work environment and his/her performance,including reference to specific areas in performance appraisalsaffected by the conduct discovered through the internalinvestigation process.
3. Requiring the offending employee to seek individual counseling,which may include, but is not l'lmited to, referral to the City'sEmployee Assistance Proy;,ram. An optional requirement may also beincluded that periodic reports be provided by the employee'scounselor or health care professional concerning the employee'songoing attendance at the sessions and the projected term oftreatment. Said requirement would necessitate that the employeesigns a voluntary medical waiver release form. Attendance at theCity's Sexual Harassment Training Program can also be required.
4. Separation of the employeesi involved through transfer.
5. Oral or written order to the offending employee to discontinue theconduct with a warning that any further similar conduct orretaliatory actions will result in further disciplinary action,involving suspension or possible discharge.
6. Take reasonable steps to protect the employee who has beensexually harassed from retaliation.
a. In all cases, monitor the work environment on a periodic basisby maintaining contact with the employees involved in theinternal investigation to determine whether the workenvironment remains free of sexual harassment and retaliatoryacts.
10 06.01.88
V.A.7.b. continued
b. Written reports concerning these follow-up measures shall befiled in the confidential file on a quarterly basis for oneyear and on an as-needed basis thereafter with the departmentrB.rector and the Director for Affirmative Action.
In summary, all employees must act responsibly and promptly. Failureto do so not only makes the goal of removing unacceptable behaviorfrom the workplace difficult, but exposes the City, the supervisors,and individual employees to financial risk and liability.
B. Findings Follow-up
In all cases, inform the employee who filed the complaint of theresults of the investigation and the status of corrective actiontaken.
C. Unsubstantiated Claims
!7hen a determination has been made as a result of an investigationthat the alleged sexual harassment has not occurred or cannot beve'rified, all parties are to be notified promptly of this finding andthe investigation closed.
D. False and Malicious Claims
Complaints determined to be false and malicious will be treated in thesame manner as other forms of serious misconduct. It must beunderstood that false and malicious complaints can have a grievousaffect on the individuals involved.
06.01.88
VI. DISSEMINATION OF POLICY AND PROCEDURES
The City recognizes that the adoption of the policy and procedures forsexual harassment will not, in and of itself, help an employee, superv:hsoror manager recognize inappropriate conduct and determine what is to bedone when confronted with a problem. at follows is an outline of howthe City will communicate the particulars of this policy to allemployees, thus providing an opportunity to ask questions and seekinformation.
A. All current employees, reyarrlless of status, shall receive a copyof this policy and procedures with an attached acknowledgment page.(See Appendix B.) The employee and his/her supervisor are obligated toread and sign the acknowledgment page. The signature is anacknowledgment that the policy and procedures have been received, readand understood. The Affirmative Action Division staff will beavailable to respond to questions raised by all employees. Theacknowledgment page will be returned to the Office of Personnel and'Labor Relations and placed in the personnel file within ten (10)working days of its receipt by the employee.
B. The Office of Personnel and Labor Relations will be responsible forannual notification to all employees of the existence and availabilityof this policy.
C. All new employees, as hired, will review the policy with theirsupervisor, sign the policy-and-procedures acknowledgment page, andreturn it to the Office of Personnel and Labor Relations within five(5) working days of its receipt for initial review.
12 06.01.88
VII . TRAININC,
In order to gain ari understanding of this issue and give meaning to theexistence of the Sexual Harassment Policy and Procedures, a wide-spread
is through this education that a
will receive the widest exposure as a
dignity, worth and rights of fellow
their responsibilities and their
that recent awareness of the issue
to how it is defined,
questions, the City proposes
education campaign is necessary. It
full discussion of sexual harassment
work-environment issue involving the
employees, their values and perceptions,
accountabilities. The City understands
of sexual harassment has exposed confusion asrecognized and handled. To help answer thesethe following:
A. The policy and procedures will be incorporated into the new contentof the ongoing First Line Supervisory Training Program and the NewEmployee Orientation.
B. A manual of procedures on conducting an internal investigation of acomplaint will be developed and disseminated.
C.Sexual Harassment training workshops will be conducted at least four(4) times a year, with attendance open and available to all eniployees.Sexual Harassment training workshops will be provided to individualdepartments and/or special groups of employees, as warranted.
D. Training workshops for managers and directors will be conductedjointly by the City Attorney, the Human RigFits Director and theDirector for Affirmative Action to provide the participants the meansto respond to inquiries from their employees on the issue, as well asto answer questions on the legal liability of the employer.
-NOTE
THERE MAY BE UNFORESEEN CIRCUMSTANCES WERE THE PROCEDURES SET FORTH IN THISSEXUAL HARASS!fENT POLICY CANNOT BE USED. CONSULTATION INVOLVING THE DEPARTMENTDIRECTOR, THE DIRECTOR FOR AFFIRMATIVE ACTION, THE PERSONNEL AND IABOR RELATIONSDIRECTOR AND THE CITY ATTORNEY'S OFFICE IS TO TAKE PLACE IMMEDIATELY UPONRECEIPT OF A COMPLAINT SO THAT THE INVESTIGATION MAY BE CONDUCTED IN ACONSISTENT AND FAIR MANNER WITH APPROPRIATE FOLLO!7-UP ACTION TAKEN. THE PARTIESINVOLVED ARE TO BE ADVISED PROMPTLY OF EACH STEP TO BE TAKEN, !7ITH ANAPPROXIMATE TIMETABLE FOR THE COMPLETION OF THE INVESTIGATION.
13 06.01.88
APPENDIX
A. Additional Resources for Complaint Follow-up
Any person wiio believes tl-iey have been subjected to sexual harassmentor has knovledge of conauct constituting sexual harassment candirectly contact the fol.lo'i..itng resources:
1. City of Saint Paul Euiployee Ass'istance Program
612/347-5176 (24-hour telephone hotline)
2. City of Saint Paul Peer Counselor Program
612/298-5006
3. Your appropriate bargaining unit's union representative at theworksite.
4. Human Rights Department
515 City Hall
Sairit Paul, Minnesota 55102
612/298 -4288
5. Minnesota Department of Human Rights
Bremer Tower, Fifth Floor
Seventh Place and Minnesota Street
Saint Paul, Minnesota 55101
612/296-5663
6. United States Equal Employment Opportunity Commission
220 Second Street South, #108
Minneapolis, Minnesota 55401
612/370 - 3330
14 06.01.88
CITY OF SAINT PAUL
SEXUAL HARASSMENT POLICY AND PROCEDURES
APPENDIX
B, Acknowledgment
:L C %i , :.
Policy and Procedures aad
I have any questions or
about the pol-icy itself, my
Director for A\firmative
I have received a copy of this Sexual Harassment
have REVIEWERS sanne. I have been informed that ifconcerns about the application of this policy orsupervisor, department director, and the City's
Action are available to provide assistance.
'1 ' ! C
Employee's Name (Please print)Employee's SignAtu%e'%Date Signed
" .':l ).:(aSupervisor's Name (Please print)Supervisor's Signa'4ure/Date Signed
Department/Division and/or Section -:e '
O 'vi
15 06.01.88
White a - City Clerk
Pink - Finznce Dept.
Canai} - Dept.
GITY OF SAI'NT PA'UL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No:
Date'
EXECUTIVE ORDER,
The City of Saint Paul recognizes the serious health threat posed by
Acquired Immune Deficiency Syndrome (AIDS) and other diseases caused by
human immunodeficiency virus (HIV) diseases. The City also recogruzes that
its most valuable resources are its employees and that there is a need to
develop an Employee Policy on diseases based on sound epidemiological
principles that protect the health of infected and uninfected City
employees. This policy must also demonstrate a firm commitment on the part
of the City to limit the spread of these diseases.
Pursuant to Chapter 3 of the Charter of the City of Saint Paul, the Mayor
hereby directs the establishment of an Employee Policy on HIV related
di seases :
1. For the purpose of this Executive Order, an individual with an HIV
related disease shall be defined as follows:
a. Any person who has tested HIV anti-body "positive."
b. Any person diagnosed as having the medical condition known as "AIDS
RELATED COMPLEX" (ARC).
c. Any person diagnosed as having the medical condition known as
"Acquired Immune Deficiency Syndrome" (AIDS).
2. Any employee known to have an HIV disease who is able to continue safe
and effective work performance shall be entitled to rema'+n in the same
job classification and office location unless the employee's physician
or the City's AIDS medical coordinator makes a finding that this would
significantly threaten the health of the public, the employee, or
his/her co-workers. If such a finding is made, an effort will be made
to modify the employee's duties based on medical recommendations by the
employee's physician and the City's AIDS Medical Coordinator. Requests
by an employee to not work with other employees or clients who have an
HIV related disease, while discouraged, will be considered on a case by
case basis by the employee's supervisors in consultation with the
City's AIDS Medical Coordinator.
APPROVED AS TO FORM
Date
Assistant City Attorney
Mayor
Whittl - Cit'.i C,.lerk
Pink - Finance Dept.
Canary - oept.
GITY OF SAINT PATTL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
Noa
Date'
EXECUTIVE ORDER,
3. No employee shall be required to submit to an HIV test as a condition
of beginning or maintaining employment with the City of Saint Paul.
Employees who have had a significant AIDS-related work incident
exposure, as defined below, shall be strongly encouraged to have a
baseline HIV antibody test and appropriate follow-up tests.
A significant exposure occurs when infectious body fluids or tissues
come in contact with a person's blood or mucous membranes. The body
fluids/tissues containing the virus in infected persons are blood,
semen, and deep organs. These infectious secretions must come xn
contact with a person's mucous membranes (e.g., mouth, eyes, rectum) or
directly into the person's vascular (blood) system to be defined a
significant exposure. Employees who have experienced a signifiCanf
AIDS-related work incident exposure as defined here shall report the
incident to their supervisor and contact the City's AIDS Medical
Coordinator or their designee who will make a decision regarding the
necessity of an HIV antibody test.
4. In the event that an employee misses work due to an HIV related illness
and must report to a supervisor or personnel officer the reason for
absence, the same strict confidentiality requirements that apply to any
medical disclosure shall be followed.
5. The City shall encourage employees to attend a free, City-sponsored
workshop on HIV related diseases in order to offer employees the most
current and accurate information about this important public health
Concern.
6. The Mayor shall review this Executive Order on an annual basis, in
consultation with the Public Health Division, to ensure this policy's
compliance with the most current epidemiologically-accepted facts about
HIV related diseases.
APPROVED AS T ORM
t City Att Ay
Date
May
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
EXECUTIVE ORDER,
GITY OF SAI'NT PAUL
OFFI(3E OF THE MAYOR
EXECUTIVE ORDER
No:
Date'
it/algt
Pursuant to Chapter 3 of the Charter of the City of Saint Paul, the Mayor
hereby directs the establishment of a Data Retrieval Fees Policy for the
City of Saint Paul:
Pursuant to the Minnesota Government Data Practices Act (M.S. c.l3) and
unless otherwise provided for by Federal law, State Statute or rule, fees
for obtaining government data shall be determined by departments based on
the costs of providing such service. Fees shall be reasonable and
consistent. Fees shall not be charged for viewi.ng of data only.
Fees may be charged on a flat rate, a special rate, or a commercial rate.
Information on appropriate uses and calculation of these fees can be found
in the Policy Statement dated November 1, 1986 entitled "Data Retrieval
Fees."
The effective date for implementation of the Data Retrieval Fees Policy is
November 15, 1986.
,='a'PROVED AS TO FORM
J p, <,
Assistant City Attorney
Date iolwl*
(
aWhite - City Clerk
Pink > a Finance Dept.
Canary - oept.
I
GITY OF SAINT PAUL
OFFI(JE OF THE MAYOR
EXECUTIVE ORDER
EXECUTIVE ORDER,
the serious health threat posed by
(AIDS) and other HTLV-III diseases.
most valuable resources are its
a need to develop an Employee Policy on
on sound epidemiological principles that protect
and uninfected City employees. This policy must
a firm cornrnitment on the part of the City to limit the
diseases.
The City of Saint Paul recognizes
Acquired Immune Deficiency Syndrome
The City also recognizes that its
employees and that there is
HTLV-III diseases based
the health of infected
also demonstrate
spread of these
Pursuant to Chapter 3 of
Mayor hereby directs the
Diseases :
the Charter of the City of Saint Paul, the
establishment of an Employee Policy on HTLV-III
1. For the purpose of this Executive Order, an individual with an
HTLV-III disease shall be defined as follows :
a. Any person who has tested HTLV-III anti-body "positive."
b. Any person diagnosed as
"AIDS Related Complex"
having the medical condition known as
(ARC).
c. Any person diagnosed as having the medical condition known as
"Acquired Immune Deficiency Syndrome" (AIDS).
2. Any employee known to have an HTLV-III disease who is able to
continue safe and effective work performance shall be entitled to
remain in the same job classification and office location unless the
employee's physician or the City's AIDS medical coordinator makes a
finding that this would significantly threaten the health of the
public, the employee, or his/her co-workers. If such a finding is
made, an effort will be made to modify the employee's duties based
on medical recommendations by the employee's physician and the
City's AIDS Medical Coordinator. Requests by an employee to not
work with other employees or clients who have an HTLV-III disease,
while discouraged, will be considered on a case by case basis by the
the employee's supervisor in consultation with the City's AIDS
Medical Coordinator.
APP O AS TO FORM
Date a-,R
'Alhite - City Clerk
. Pink -a Finance Dept.
Canary - Dept.
EXECUTIVE ORDER,
C)ITY OF SAINT PAUL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
3. No employee shall be required to submit to an HTLV-III test as a
condition of beginning or maintaining employment with the City of
Saint Paul. Employees who have had a significant AIDS-related work
incident exposure, as defined below, shall be strongly encouraged to
have an HTLV-III test.
A significant exposure occurs when infectious body fluids or tissues
come in contact with a person's blood or mucous membranes. The body
fluids/tissues containing the virus in infected persons are blood,
semen, and deep organs. These infectious secretions must come in
contact with a person's mucous membranes (e.g., mouth, rectum) or
directly into the person's vascular (blood) system to be defined a
significant exposure. Employees who have experienced a significant
AIDS-related work incident exposure as defined here shall report the
incident to their supervisor and contact the designated Public
Health Division staff person who will make a decision regarding the
necessity of an HTLV-III test.
4. In the event that an employee misses work due to an HTLV-III related
illness and must report to a supervisor or personnel officer the
reason for absence, the same strict confidentiality requirements
that apply to any medical disclosure shall be followed.
5. The City shall encourage employees to attend a free, City-sponsored
workshop on HTLV-III diseases in order to limit the spread of these
diseases and offer employees the most current and accurate
information about this important public health concern.
6. The Mayor shall review this Executive Order on a semi-annual basis,
in consultation with the Public Health Division, to ensure this
policy's compliance with the most current epidemiologically-accepted
facts about HTLV-III diseases.
Assistant City Attorney
Date , aq, \oi'%\,,
White ' City Clerk
P:qk - Finance Dept.
Canary - Dept.
C)ITY OF SAINT Phnb
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No:
Date'
EXECUTIVE ORDER,
page 1 of 2
Study after study shows that safety belts reduce motor vehicle
jatalities by approximately 50% and reduce the number of serious
injuries by around 65%. The leading cause o:f death to Minnesotans
between the ages o.f birth and 44 is from injuries received in
automobile accidents. In almost every crash, the use o:f safety belts
reduces the severity of injury by some degree. Sa:fety belts are the
easiest, cheapest and most effective protection against death and
injury to motorists. A primary consideration in setting a safety
belt policy for the City of Saint Paul is to encourage employee
participation through an education progr';am. A safety belt policy
is a safety issue with the health and welLare of City employees an
important consideration.
Pursuant to Chapter 3 of the Charter of the City of Saint Paul, the
Mayor hereby directs the establishment of a safety belt policy for
the City o:f Saint Paul:
1. All employees who are operators of, or passengers in, a City
vehicle or who are operators, or passengers in, personal
vehicles during the course o:e their employment, are required
at all times in all circumstances to have safety belts properly
fastened, except as allowed by written policy issued by a
department or office director. No department or o-ffice director
shall issue any such policy without the concurrence of the Mayor's
Office.
2. Each department or office director shall ensure that all City
vehicles assigned to his or her department/office are equipped
with safety restraints sufficient to secure reasonable numbers
o:f occupants based on the City vehicles' design and use.
3. All passengers in City vehicles, who are not City employees, are
required to follow the safety belt policy as established. Every
operator o:f a City vehicle or operator of a personal vehicle used
during the course of City employement shall see that the sa:fety
belt policy 'for all passengers is met.
APPROVED AS TO FORM
l'i
yor
Pimc - Finance Dept.
Canary - Dept.
C)ITY OF SAINT PAUL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No:
Datea
page 2 of 2
EXECUTIVE ORDER, ( cont - ,1 )
4. City vehicles are defined as all automobiles, trucks and othermotorized equipment owned or leased by the City which areequipped with either a full cab enclosure or "roll over"
protection.
5. The effective date for the institution of the safety belt policyis March 1, 1985.
6. All City employees not specifically covered under this mandatorysa:fety belt policy are encouraged to use safety restraints inthe operation of their personal vehicles.
APPROVED AS TO FORM
' Ba'Bla7,5) ,,75 iJ
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
GITY OF SAINT Phnb
OFFIOE OF THE MAYOR
EXECUTIVE ORDER
No :
Datea
E-,:),,9,
-Vy,47a4
EXECUTIVEORDER, Pursuant to the provisions of Minnesota Statutes, Section 473.604,
I do hereby appoint Barbara Zieg1er Ashley, 348 West Robie Street, Saint Pau1,
Minnesota, 55107, a qua1ified voter of the City of Saint Paul, to serve in my stead
as a member of the Metropolitan Airports Commission during the term of my office as
Mayor of said City of Saint Pau1, effective March 1, 1984. Barbara Zieg1er Ash1ey
replaces Councilman Victor Tedesco as my representative on the Metropolitan Airports
Commi ssion.
APPROVED AS TO FORM
r A,'H'V"e
Assistant City Attorney
Date -g/,r0]May
OATH OF OFFICE
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS.
CITY OF SAINT PAUL )
I do solemnly swear that I wil1 support the Constitution of the
United States and the Constitution of the State of Minnesota, and that I
wi11 faithfully discharge the duties of the office of the Commissioner of
the Minneapol is-Saint Paul Area Metropo1itan Airports Commission, created,
organized and operated under Chapter 500, Laws of Minnesota for 191!3, as
amended, to the best of my Judgement and ability, so help me God.
BARBAJ'!ER€LEY
Subscribed and sworn to bef re me this
IJ% ALBERTB.OLSON
NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY
My Comm. Exp April $2, 1988
kl r I I I s s a i ii i s i i ii i i i i l i ' l i' li' i i i i i i 'i i'
Canary - Dept
GITY OF SAINT PAUL
OFFIOE OF THE MAYOR
No :E-a}
EXECUTIVE ORDER
Date'/ 9-,?p-4?'Q
EXECUTIVEORDER5 Pursuant to the provisions of Minnesota Statutes,
Section 473.604, I do hereby appoint Victor J. Tedesco,
2160 Larry Ho Drive, a qualified voter of the City of Saint Paul,
to serve in my stead as a member of the Metropolitan Airports
Cornrnission during the term of my office as Mayor of said City of
Saint Paul, effective December 16, 1982; I having acknowledged the
resignation of my prior appointee Leonard W; Levine from said post.
APPROVED AS TO FORM
t Crty Attorney
Dat.e December 16, 1982
White -., City Clerk/- Finance Dept.
Canary - Dept.
GITY OF SAINT PATJL
0FF ICi E OF T H E M AYO R
EXECUTIVE ORDER
No :
Datea
EXECUTIVEORDER) Pursuant to the provisions of Minnesota Statutes,Section 473.604, I hereby appoint Leonard W. Levine, 1741 Hillcresthvenue, a qualified voter of the City of Saint Paul, to serve in mystead as a member of the Metropolitan Airports Cornrnission duringthe term of my office as Mayor of said City of Saint Paul,Bffective June 1, 1982.
AJ'PROVED AS TO FORM
Date
White - - Cily Clerk
Pink - Finance Dept.
Canary - oept.OFPICiE OF THE MAYOR
EXECUTIVE ORDER
No:
Date'
EXECUTIVE ORDER,
Pursuant to Chapter 3 of the Charter of the City of Saint Paul,
the following authority is established in a severe weather
situation :
1. Department and Office Directors may release employees
early, or advise employees who have not yet reported
to work that they need not report. Payment for such
hours not worked may be made only on the basis of
utilization by the employee of accrued vacation time,
compensatory time, or holiday time. Employees not
released from work or from responsibility to report
to work because of the essential nature of their
services will be so advised.
2. No office or department may be closed except with the
express authorization of the Mayor or his designee.
3. Supervisors are responsible for
to secure, offices or facilities
of a severe weather situation.
securingi or arranging
not staffed as a result
1 As""'sistantCity Attorney
Date May or
n k 7 , n. a n c a D e p t. %/ & & 4 %/ x & i- + # x A I & A J Jl AJrnary - OeG't- ' () y IF %-(, X 0 )F T }i E :'J ;l 'l- O R
c = " No: [a /c7
EXECUTIVE ORDER n,?. ,/,, O,/,,,
EXECUTIVE ORDER,
Pursuant to Chapter 3 of the Charter of the City ofoSaint Paul,'the following authority js established in a severe weathersituation :
1. Department and Office Directors may release employeesearly, or advise employees who have not yet reported
to work that they need not report. Payment for suchhours not worked may be made only on the basis ofutilization by the employee of accrued vacation time,
compensatory time, or holiday time. Employees not 'released from work or from responsibility to report
to work because of the essential nature of their
services will be so advised.
2, No office or department.may be closed except with theexpress authorization of the Mayor 'or his designee.
3, Supervisors are responsible for secur;ng, or arranging
to secure, offices or facilities not staffed as a resultof a severe weather asituation.
sisrant City Attorney'
W5ite- - Qity,qlerkPink - Finance Dept.
Canary - Dept.
EXECUTIVE ORDER,
CITY OF SAINT Phnb
OFFICE OF THE MAYOR
EXECUTIVE ORDER
Noa
Datea
Pursuarit to Chapter 3 of the Cbarter of the City of Sairxt Paul,
the followj-ng a-uthority is establi-shed in a severe veather
situatiori s
1. Department anrl Office Directors may relea.se employees
early, or adv5se enipIoyees who Niave rxot yet reportea
to work that they need not report. Payment for such
hOllrg net '/70)"ked ma:l' be !'n.ade Onl7 oil the baS.i.' 53 0f
utilization by the employee of accrued vacation time,
corpperxsatory time, or holiday tirae. X=ployees not
releasea from vork or frora resporxsibility to report
to vork because of the essential riature of the:i-r
services vill tie go adviserl.
bTo o'ff.:Lce or department may be closed except wj,th tb.e
express autliorx' zats.' Oil of ti'ie Mayor or }axx" s desj.grxee -
3, Supervisors are responsible for securing, or arrang!ng
tO Be.C-il7Ce r Offl(,e-'> O)' faC:%' I.i.' ties '!10t staffed AS a result
of a severe weatber situation.
APPROVED AS TO FORM
Date
Assistant City Attorney
l,aa, i5yza Mayor
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
GITY OF SAINT PAUL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No:
-Date'
E,/8
JAN 1 3 1977
EXECUTIVEORDER, That pursuant to the provisions of Minnesota
Statutes, Section 473,604, I hereby appoint Lawrence D. Cohen,
of 41*5 Cretin Avenue South, a qualified voter of the City of
Saint Paul, to serve :in my stead as a member of the Metropolitan
Airports Commission during the term of my office as Mayor of
said City of Saint Paul.
APPRO D AS TO FORM
At City Attor
pate = ?,=zzz-=r-t- - /< i "f77 Mayor
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
t) I T Y O F ,') A I N T t-' A TJ L
OFFIOE OF arHE MAYOR
No:5-/7
EXECUTIVE ORDER
Datea JAR 4 1977
EXECUTIVE ORDER,
WHEREAS, Ordinance 152,09 pertaining to the licensing of
commercial and public vehicles requires that all
licensed taxicabs be replaced by new vehicles
within three years of the date said vehicles
are first licensed as taxicabs, and
WHEREAS, certain facts brougl"3 to my attention show that
strict enforcement of this provision of
Ordirxance 152.09 would cause undue hardship
to the licensees, therefore it is
ORDERED, that the license inspector is directed to use
his discretion in enforcing Section 152.09 (1)
until May 1, 1977, as to the replacement of those
taxicabs due to be replaced between January 1, 1977,
and May 1, 1977, provided, however, that nothing
in this order will permit violation of subsections
(2) through (7) of Ordinance 152.09 requiring
taxicabs to be in thoroughly safe condition,
of clean and good appearance and well-painted,
be equipped with a taximeter of good working
order and other provisions intended to protect
the welfare of the using public.
APPRO D AS TO FORM
Assistant City
Date .s, ]f77
White - City Clerk
Pink - Finance Dept.
Canary - oept.
[;rry OF SAINT .PAUL
OFFICE OF THE MAYOR
EXECUTIVE ORDER
No:
Datea
E /6r
JUN 1 6 1978
1972, amended December
Program for the City
actions, policies and
regard to race, creed, color,
disability, and in accord -
it is the desire of the
EXECUTIVEORDER, 'WHEREAS, the former Mayor of the City of SaintPaul, by Executive Order dated September 8,
5, 19711, established an Affirmative Action
of Saint Paul 'to insure that its personnel
programs would be administered without
sex, national origin or ancestry, age or
ance with the Program's guidelines, and
Mayor to reaffirm support and direction of said program, thereforeit is
the Mayor's Affirmative Action
Executive Order E-2, ,dated
hereby reaffirmed and ratified,
City offices, departments and
enforce this Affirmative Action
ORDERED, that
Program as set forth in previous
September 8, 1972, as amended, is
and it is hereby directed that all
continue to carry out andagencies
Program.
APPROVED AS TO F
Date
Mayor
White - City Clerk
Pink - Finance Dept.
(anary - Dept.
GITY OF SAINT PAUL
OFFICiE OF THE MAYOR
EXECUTIVE ORDER
No :
Datea NOV j 8 1975
BzB(,I,lapIyB@B,pBB., That the premises at 608 East Bush in the City
of Saint Paul, being in a seriously dilapidated and hazardous
condition, and the Division of Housing and Building Code Enforce-
ment having advised the Mayor that the premises is unboarded,
open to vandals and presents a serious danger to the health and
safety of the citizens in the area; that the basement walls are
badly broken, the roof and cornices are rotten, the interior is
full of trash and badly vandalized and, further, the Division of
Housing and Building Code Enforcement having advised the Mayor
that the premises is beyond repair, now, therefore, the Mayor of
the City of Saint Paul, pursuant to the powers vested in him by
law and charter, hereby declares a state of emergency with regard
to the premises known as 608 East Bush and in order to protect the
lives and safety of neighboring residents, particularly children,
hereby
ORDERS, the proper City officials to immediately proceed with the
razing and destruction of the structure identified above and to
assess the costs thereof against the land pursuant to statute, and,
be it
FURTHER ORDERED, that the proper City officials in the Division of
Housing and Building Code Enforcement are further directed to contact
the record owner, Margaret Acherl, to advise her of the foregoing
action and serve a copy of this Order upon her
APPROVED AS TO FORM
4///
%istant City
Date
White - City ClerkPink - Finance Oept.Canary - Dept.
GITY OF SAINT PAUL
OFFI(3E OF THE MAYOR
EXECUTIVE ORDER No:E -/'7'
Datea NOV 5 1975
EXECUTIVEORDER, that pursuant to the authori'ty of Minn. Stat. 471.3/*5the wages as set 'forth in the attached Exhibit I entitled"Prevailing Rates" are hereby adopted by the City as the prescribedwages 'for the occupational groups recited therein when any or allof such groups are involved in the performance of work contractedfor by the City; and
F'URTHER ORDEREI), that the City's Purchasing Agent shall re'ferto Exhibit I and make it a part of all 'the City's plans andspecifications on 'which bids are taken; and
FINALLY ORDERED, that the of-rice of City Administrator shallbe responsible for the review and updating of the prevailing rateson January 1 and July 1 of each calendar year.
Date
Cement Mason
Electricisn
Elevator Mechanic
Iron Worker
Effective date:
Effective date:
Ef'fective date:
Effective date:
Effective date:
Effective date:
Effective date:
Eff'ective date:
10-01-75
05-01-76
05- 01 -ll
01-02-76
05-01-76
O')-01-11
10-15-75
o5-oi-76
05-01-11
05-01-'7'5
o8-i3-75
10-01-75
05-01-76
05-01-11
9.11
10.52
11.30
10.08
io.68
11.33
11.55
11.11+5
10.52
ii.b7
12.22Millwright
Pafln f,e r
Pile Driver
Pipefitter
Plumber
Roof'er
Sheet Metal Worker
Sign Painter
S pri nklerf 1 tter
Terrazzo Worker Helper
Tile Helper
Tile Setter
Truck Driver
Effective date:
Eff'ective date:
Effective date:
Effecthre date:
Effective date:
Effective date:
Effectiye date:
Ef'fective date:
Eff'ective date:
Ef'fective date:
Effective date:
Effective date:
Ef'f'ective date:
o7-x2-75
11-01-75
o5-oi-76
10-01-75
o5-oi-76
05-01-77
o6-oi-75
o6-oi-75
10-01-75
10-01-75
09-01-75
05-01-76
05-01-77
9.93
9.81
9.82
lO.32i
10.13
10.73
11.38
11.15
11.15
10.13
11.37
9.805
io.6i
8.56
8.(A
9.5'4
8.L15
9.00
9.5o
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
GITY OF SAINT PAUL
OFFI(3E OF THE MAYOR
EXECUTIVE ORDER
No E / 3
.,,,. OEC5 1974
EXECUTIVEORDER, WHEREAS, the Mayor by Executive Order dated
September 8, 1972, established an Affirmative Action Program for
the City of Saint Paul to insure that its personnel actions,
policies and programs 'would be administered 'without regard to
raaCcOOe,dacnreCeedw,jctholothre, PserxOg,rnamat,IBiongualldeorlilngeinsa,oranadncestry, and in
'WHEREAS, the Mayor wishes to assist the aged and
disabled in their pursuit of gainful employment and thus facilitate
the resultant, contributions to society from such employment; and
WHEREAS, the Mayor acknowledges that
against the aged and disabled in obtaining employment
the public and private sectors, now, therefore, it is
discriminat ion
exists in both
OIRDERED, that the Mayor's Affirmative Action Program
shall henceforth include the aged and disabled as defined in Chapter
7* of the Saint Paul Legislative Code, and all City departments and
agencies shall immediately take such steps as to comply 'with the
Affirmative Action Program guidelines in this ne'w area,
APPROVED AS TO FORM
C?!'ot
f/ //
"'e
Date
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
0ITY OF SAINT PAIJL
OFFICE OF THE MAYOR
EXECUTIVE ORDER No: W'A 1974
Datea
EXECUTIVE ORDER,
Pursuant to the Saint Pau1 Mu1ti-Hospital Emergency Plan, Ju1y 1974
and Executive Order No. E-10, April 19, 1971+, it is ordered, with his consent,
that Robert A. van Tyn is appointed Casualty Management Center Manager with
the duties and responsibilities described in said Plan; and it is
FURTHER ORDERED, that Dr. van 7yn may delegate such Casua1ty Manage-
ment Center Manager duties as he deems appropriate to insure the proper
functioning of the (,enter; and it is
FURTHER ORDERED, that the City Clerk is hereby directed to disseminate
copies of this Order to a11 Department Heads and Dr. van 7yn.
APPR VEa TO FO
City Attorney
Date '3-Ql-l'l
White - City Clerk
pink - Finance Dept.
Canary - Dept.
GITY OF SAINT PAUL
OFFIOE OF THE MAYOR
EXECUTIVE ORDER
N. E - i 1
Datea SEP g 1974
EXECUTIVEORDER, That Frank Cotroneo, Utilities Investigator II, is hereby
appointed Emergency Fuel Coordinator, vice Richard L. Manning, Director of
Emergency Preparedness, in accordance iuith Section III, Par. B, of the Minnesota
Emergency Plan for the Allocation of Fuel and Energy; and it is
FURTHER ORDERED, that Mr. Cotroneo shall be supervised by Mr. Manning iii!thin
the Department of Public tilorks; and it is
FLIRTHER €RDERED, that the City Clerk is hereby directed to disseminate copies
of this order to all Department Heads.
APPRO TO FORM
Assistan Attorney
Date Tlq('iy Mal 4
White - City Clerk
cP'arrnkary Z oFienpatnce Dept.0ITY OF SAINT PATJL
0 F F I (3 E O P T H E M A Y O R
EXE(:UTJ VE
0
Date: = 19 Ig,
EXECUTIVE
,r,n..vTau;;a:nce offr 36970),RDERi lJhereasy the Mayor'sp'-"afenled'icar(r"aoundfha'L-o""!r'ytte(1 ""ulta'o'-'os'r'a'ta'i'3,(qBpplan was needed to 9enCy pre'oaredne'sSdi,sasters,and "soctrceso"saint%uJil")1-Bsponsea coOrdi'riatel5(,p(151;cat,,1to major natura! anci rrian-piacle
k/hereas, scich a an'o'sP"fa}Elllerger)(yi)7,ilr'ldat,%,,l14laV pl en"a"C'H*"Sa'lnfPaljl,'1l-@,)7.i(i7yi%15, )97,3, was prepared f:iy said Conferci'ice, and
eA%, rc-'t: s.(e.lsL: c'q'nccl ott gt'1 p ubl ,, cat,, On o ; t".,: r e(lur reS in te r-i-iosp i ta l an d in t,,inSta)ll0ng te}eplloll, PlaJ simciTating its elements i -'-'aZJenc)c comn'iunica tions ; now the re fo re be i tn L' rainin g
pu! lish and clistribu Dgrecfed' fha''ak fu r 'ihe ( 'Le the S a 'I n t P au l /l the D " recfo r Of EmB 1-i-ea /krlti-!-lospital Emeqo;ncy "e'a"e'dnessgency Plan, anc! be
execut 0, tH,l-e- .p> IO:ni L aII Cla t!/ agen C 'l eS l"iav atn g Ciu t la eS and r(?SpOnS F b I 7i t ieand cooperate in siri'iuiation exercises
P AS TO FO
t City Attorney
ASSistant to Mayor
whit. (,;ly(,lerk C)ITY OF SAINT PATJLPink - Finance Dept.
Canary- 0ept. OFFIOE OF THE MAYOR
EXECUTIVE ORDER
No E -g
,,,, FE&2 I 1974
EXECUTIVE ORDER, Pursuant to the powers vested in me under Chapter 3
of the Saint Paul City Charter
IT IS HEREBY ORDERED that the unannounced recording
of telephonic cornrnunications by means of recording device, taping or
other electronic device is declared to be contrary to the principles
of good government and against the public interest in maintaining open
communications with the public.
IT IS FURTHER ORDERED that all city personnel
shall refrain from using such devices in unannounced fashion in any
and all dealings with the public and/or other city employees.
This order does not affect any legally authorized
recording of telephonic cornrnunications by law enforcement agencies.
Violation of this order shall be deemed cause for
appropriate disciplinary action.
APPROVED AS TO FORM
City Attorney
Date L- "$0 7="'
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
EXECUTIVE ORDER,
GITY o'p SAINT PA'[JL
OFFICE OF THE MAYOR
EXECUTIVE ORDER No: E -6
'WHEREAS, the City of 'West St. Paul sustained a serious fireand explosion in the early morning hours of January 11, 1974; and
'WHEREAS, the 'West St. Paul Fire Department is comprised o-fnineteen men, and at present three of those :fire fighters havedied in combating the fire and explosion and four others are injuredand hospitalized; and
'WHEREAS, this tragedy has seriously hampered the ability o-f theCity of 'West St. Paul to furnish fire protection services to itscitizens, therefore it is
ORDERED, that the Department of Fire and Sa:fety Services of theCity of Saint Paul shall provide fire protection, without charge, tothe City of West St, Paul at such times as arranged for between therespective Fire Chiefs of both cities; and it is
FURTHER ORDERED, that his Order shall remain in effect forthirty days.
Assistan Attorney
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
0ITY OF SAINT PATJL
0FF I Ci E OF TH E M AYO R
EXECUTIVE ORDER No: r -1
Datpa [0 10 19T3
to city employees each calendar year, all department heads and
city employees are hereby ordered and advised as follows
1, All department heads will irmnediately establish funded accounts
within their departments and immediately proceed to purchase
all safety equipment necessary for the safe conduct of departmentaloperations. Such equipment shall include,by way of illustration,
hard hats, face shields, geiggles and rubber gloves, and it shouldbe the duty of all supervisory staff to insist and assure that
such equipment is worn subject to the terms and conditions as
enunciated by Mr. Miles McGinley, Occupational Safety Coordinator,and the Minnesota State OSHA inspectors.
that their timekeepers
injury reports to
recommendation as to
and employees, It
that over 80 percent
result of negligence. All
disciplinary action will be subject to the approval
City Administrator.
2. All department heads are directed to insure
submit a photocopy of all workmen's compensation
Flr. McGinley and his staff for analysis and
disc'iplinary action against supervisory staff
is acknowledged as a fact by this adminjstration
of all industrial accidents are the
recornmenrlations for
of the Mayor or the
3. Mr. McGinley and his staff are hereby granted the authority toshun down any city operation upon his observin.g violations ofthe OSI-IA regulations and the failure by supervi.sory staff and employeesto make any adjustments, subject to the Mayor or the City Administrator'Sapproval.
FURTHER ORDERED, That the City Clerk< is hereby direct
a copy of this Order to all department h.eads and the
are advised to .post a copy of this order jn an approp
the information of all city employees.
APP D AS TO F
rlii
Date
t City Attorney
-'--,1
lyl
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
GITY OF SAINT PAUL
0FF ICi E O F T H E M AYO R
EXECUTIVE ORDER
No E -b
Datea NOV 3 0 1973
EXECUTIVEORDER, That Richard L. Manning, Director of the Office
of Emergency Preparedness, is hereby appointed Emergency Fuel
Coordinator, in accordance 'with Section III, Par. B, of the
Minnesota Emergency Plan for the Allocation of Fuel and Energy;
and it is
FURTHER ORDERED, that the City Clerk is hereby directed to
disseminate copies o'f this order to all Department Heads.
APPROVED AS TO FO
t City Attorney
Date yor
h 7,1973
4tnneaota Departzent of Nblla ,Saf'ety
Civil j)ef'sge I)tvt.alon
B-5, S'tat* Caplta.l
at. Paul, M!masota 55155
Dear *, Erahul s
!'yansmttted h*rew!th Is a truaa copy of tix* Executive Order
appolntin@ Ri.ehard Ii. MannlH as the 8alnt Paul Emrgency
Fuel Coord;tnator kn acoordance wiath the )a,m*sotsa Emergency
Plan for:a The Allocatiorx of' Fuel and Ene:t@, datad November
19p 1973.
sinceritys
City Clerk
Enea
eat Mr Rlchart! L@ Mamlq
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
C)ITY OF SAINT PA[TL
0FF I OE OF THE MAYO R
EXECUTIVE ORDER
No: E "'-5
- Date-, NOV 9 Ig73
WHEREAS, the City of Saint Paul is faced with a severe energy
crises due to circumstances beyond its control; and
WHEREAS, in the interests of the general public health, safety
and welfare of the citizens of the City of Saint Paul it is
imperative that City government do all in its power to show
leadership to the community in the conservation of energy, now,
therefore
BY VIRTUE OF THE AUTHORITY vested in the office of the Mayor
by the Saint Paul City Charter as c'hief executive officer of
the City of Saint Paul, it is hereby ordered as follows:
1. Heat is to be shut off on weekends in all areas of the
City Hall and Court House where personnel are not working
for more than % hour.
2. Lighting is to be kept at minimum levels in all areas where
work activity is limited, such as conference rooms, hallways
and file rooms.
3. All City employees will turn off lights in work areas when
it is anticipated that such areas will not be used again
within the next thirty minutes.
4. All room temperatures will be maintained at 55-60 degrees
in the evening hours during the work week, except in areas
where personnel are working, in which case Rule 5 shall
aPPlY -
APPROVED AS TO FO
t City Attorney
Date /{-'F-73
White - City Clerk
Pink - Finance Dept.
Canary - Dept.
GITY OF SAINT PAUL
OFFI(IE OF THE MAYOR
EXECUTIVE ORDER
Nn E -5
NOV 9 1973Datea
EXECUTIVE ORDER,
Page 2
5 At no time will any work area have a higher temperaturie than
68 degrees.
6. No City vehicle shall be allowed to idle for longeri than ten minutes.
7. All deparatment heads will immediately cause all vehicles assigned
to their deparotment to be inspected to assur'e that they aroe in
prioper running order, and furither, to diriect engine tune-ups for
those vehicles suspected of an over' use of fuel.
8. All department heads will immediately cause to be i.ns'pected the
heating systems in their physical plants to assure that they arie
.in proper running orader', and to cori'rect any malfunctions suspected
of creatjng an over' use of fuel.
FURTHER ORDERED, that the office of the Mayor praopose to the
Joint City I-Iall-Court House Commission and the Ramsey County Board
that uniform raules be enacted immediately foro ener'gy conser'vation SO
as to conserve electrical, oil, gasoline and steam fuel.
APPROVED AS TO FORM
Date
Assistant City Attorney
// ffl '7,3 Mayo
6-r
Gxary OF SAINT PATTL
0FF IO ]': OF T I-IE A[ AYO R SEP '1 0 7973
LA'WRENOE D. 00E[EN
MAYOR
EXECUTIVE ORDER
WHEREAS, the Mayor being invested by chariter and law
with the ultimate law enforcement power' wi.thin the city of
Saint Paul; and
WHEREAS, no provisxon in law curriently exists
requiring rodent extermination prior to the boarding of
vacant houses ; and
WHEREAS, vacant houses are a frequent source of rodent
populations ;
Now, Thereforie, it is
ORDERED, tl"iat the Department of Public Woroks, having
an available supply of roodent poison shall forthwith
cooperate with the Housing Code Enforicement Section in seeing
that all vacant houses that are being boarded pursuant to
the orderi of the Housing Code Enforcement Section, shall firast
be suitably baited with podent poisoning, and such otheri
measur'es taken, as the Department of Public Woriks has the
facilities to periforim, that will solve any verimin problem
in the vacant house.
LA'W CE D. CCi N
Dated: September 10, 1973 Mayori
4fiayvg
LAW-RENOE D. 00HEN
MAYOR
GITY OF SAINT PATTL
OFFICE OF THE M.'rYOR
[.4 4
FEB 21973
EXECUTIVE ORDER
WHEREAS, the City Council is authorized by law to establish
by ordinance compensation rates for elected City officials; and
WHEREAS, said Council has, by ordinance, set salaries for
the Mayor and Councilmen, subject to federal Pay Board regula-
tions; and
WHEREAS, the compensation rates established have been
challenged by citizen taxpayers to be put to a referendum in
accordance with the provisions of the City Charter; and
WHEREAS, the City Clerk has received a legal opinion in-
structing that the ordinance is not subject to a referendum; and
WHEREAS, it is my firm belief that the right of referendum
is a right basic to the citizens of Saint Paul, grounded in the
history and tradition of a democratic society;
NOW, THEREFORE, I, Lawrence D. Cohen, Mayor of the City of
Saint Paul, do hereby order and direct the City Clerk of the
City of Saint Paul to forthwith determine the sufficiency of
said petition submitted and report the results to the City
Council in accordance with the Charter.
Dated: February 2, 1973
LAWRENCE D. COHEN
4>22
Dtei2H!H'!
EXECUTIVE ORDER
'WHEREAS, pursuant to verbal reports communicated to u'ie
by the o:ffice of the City Attorney and the City Building
Department, I hereby declare that an emergericy exists at the
premises known as 592 SOUTH ROBERT STREET, said emergency being
declared pursuant to the authority vested in me by Ordinance
No. 15]54, Section 2, Paragraph 5;
NOW, THEREFORE, pursuant to powers vested in me by the
Charter of the City of Saint Paul and responsibilities de'veloping
upon this office by reason of Council ordinance, I do hereby
declare and order that the Building Department and the Public
'Works Department are hereby authorized and directed to take
the necessary steps to immediately abate the nuisancs and fire
hazard existing at said premises, and it is
FURTHER ORDERED, that the Building Department shall proceed
while the abatement process is going on to mail written notice
to the owner, Kenneth J. MeIntosh, 858 University Avenue, advising
him as to the reasons for the immediate action and shall furtl'ier
see that he is given due written notice of the costs of the
abatement, proceedings and said cots shall be assessed agains-t
the prope'i-ty as provided in Chapter R of tl'ie City Charter.
APPROVED AS TO ORM:
EXECUTIVE ORDER
SEP 8 1972
WHEREAS, it is the public policy of the City of Saint Paul
to foster equal opportunity for all to obtain employment, education,
housing, public accomodations and public services without regard to
color, sex, national origin or ancestry; andrace, creed,
WHEREAS, the City of Saint Paul recognizes the essential
right of all employees and job applicants to be recruited, hired
and promoted in all job classifications within the City without
reard to race, creed, color, sex, national origin or ancestry,
except where sex is a bona fide occupational qualification; and
WHEREAS, the City of Saint Paul recognizes its obligation
and declares its policy to take affirmative action to insure that
all personnel actions and programs shall be administered by the
City of Saint Paul without regard to race, creed, color, sex,
national origin or ancestry, except in cases where sex is a bona
fide occupational qualification;
NOW, THEREFORE, pursuant to powers vested in me by the Charter
of the City of Sai'rit Paul and responsibilities devolving upon this
office by reason of Council ordinance, I do hereby declare and
order that the Affirmative Action Program hereinafter contained
s'hall be the Affirmative Action Program for the City of Saint Paul,
and, as such, shall be posted on all departmental and agency
bulletin boards and introduced by copy of this Order to every
City employee.
B, QUARTERLY REPORT AND COMMENT ARY.
Indicate belo"m the affirmative steps to be taken during the
next quarterly period to approach the long-range goal for
overall minority employment.
Indicate numerically any changes expected to achieve the
long-range goal of overall minority employment. This
commitment will become tlie short-range goal and the current
operating plan for affirmative action.
GAfl l D l J
OVERALL MINORITY EMPLOYMENT
A. OCCUPATIONAL GROUPS.
1. Attendance and Inspectional
Authorized Employment
Number of Minority Employees
Goal of Overall Minority Employment
2. Clerical
(a) Authorized Employment
(b) Number of Minority Employees
(c) Goal of Overall Minority Employment
3. Fire
(a) Atithorized Employment
(b) Number of Minority Employees
(c) Goal of Overall Minority Employtnent
4. Manual and Maintenance
(a) Authorized Employment
(b Number of Minority Employees
(c Goal of Overall Minority Employment
5- Police
Authorized Employment
Number of Minority Employees
Goal of Overall Minority Employment
6. Professional
(a) Authorized Employment
(b) Number of Minority Employees
(c) Goal of Overal2. Minority Employment
7 Subprofessional
(a) Authorized Employment
(b) Number of Minority Employees
(c) Goal of Overall Minority Employment
continuing basis to determine if there is a sufficient
mix of minority, women and handicapped applicants and
employees.
(b) Written reports filed with the Mayor quarterly
or at such other times as are requested sumrnarizing
the above data, the overall effectiveness of the
affirmative action program, which reports shall
include the following:
(i) A statistical surnrnary of minority, women and
handicapped persons in personnel actions within
the City.
(ii) A narrative discussion of recruitment sources,
counseling and related activities f6r minority,
women and handicapped persons; the participation
of such persons in counseling, training and
tuition reimbursement programs; the progress
toward program goals, the problems encountered
and recornrnendations for amendments or improvements
to the program.
APPROVED AS TO FORM
SEP 8 1972
Dat e
Mayor
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(e) Evaluation and monitoring of the affirmative action
program with respect to contractors and vendors
including reports on compliance, conferences
with contractors and vendors on an indivudual basis,
contact with unions representing employees on such
projects to the end of insuring that all such con-
tractors, subcontractors and vendors are in compliance
with the city program.
Section 4. Statistics. The City of Saint Paul shall
establish long-range and short-range goals for overall minority
employment in each occ.upational group, which goals shall be
identified on a current basis by the filing of statistical identi-
fication forms quarterly, from and after the effective date of
this Order. These statistics shall be contained on the form
attached hereto as Exhibit "A" and made a part of the City's
Affirmative Action Program.
The City of Saint Paul hereby establishes the minimum level
of minority employment at all occupational levels and groups at
six percent. In addition, the City of Saint Paul hereby establishes
as its long-range goal, balanced minority employment in all
occupational groups in all departrrients and agencies of the City,
In addition, the program shall include:
(a) Records maintained and updated of the minority, women
and handicapped mix :in applications, screening inter-
views, employment offers and acceptances, training
programs, apprenticeships, tuition reimbursement,
transfers, demotions, layoffs, promotions, suspensions
and terminations. Such records shall be reviewed on a
-8-
heads and supervisory personnel which shall include
instruction in equal employment opportunity methods
and emphasize cultural and ethnic differences in
the American society as they relate to employment.
Section 3. Contracts. The City of Saint Paul shall engage
in a concentrated program to insure that city contractors and
subcontractors, in the hiring of cornrnon or skilled labor for
the performance of any work under a city contract or subcontract,
shall not by reason of race, creed, color, sex, national origin
or ancestry discriminate against any person who is qualified and
available to perform the work to which the employment relates.
Such program shall include, but not be limited to:
(a) The development of guidelines for city contractors and
su'ocontractors regarding non-discrimination and the
city's cornrnitmenj to such a program.
(b) The inclusion of an equal employment opportunity
clause on all purchase orders as well as appropriate
language indicating the intent of the vendor to
comply with such clause and the city's program.
(c) Development of a report identifying minority firms
with which the city does -business, including the
types of work, contracts, and the monetary amount
of business in coordination with the purchasing division.
(d) The maintenance and publication of a current list of
national and local minority firms with goods and
services that may be used by the city in coordination
with the purchasing division.
-7-
(e) An analysis of the progress made by minorities,
women and handicapped persons through the
selection and testing process on a continuing
basis to locate potential sources of employment
discrimination.
(f) Maintenance of files on the reasons minorities,
women and handicapped applicants have been
refused employment.
Training. The City of Saint Paul shall engage in a concentrated
trairiing program to insure that progression to higher levels
of employment is not conducted on any basis other than 'the
ability of the applicant. Such program shall include, but
not be limited to:
(a) The establishment of trainee classifications below
current entrance levels.
(b) The sponsoring of educational referral programs
and tuition free courses for the development of
job related skills through tuition reimbursement
for satisfactory work.
(c) The analysis of participation rates of minorities,
women, and handicapped persons in such training
courses.
(d) In cooperation with the Civil Service Commission,
distribution to each department head of a handbook con-
taining applicable equal employment opportunity laws,
r=egulations, guidelines and policies.
(e) Conduct sensitivity training programs for department
-6-
motional opportunities, identify training needs
3nd reduce reluctance to seek better jobs.
(c) Providing counseling for rejected applicants to point
out possible methods of improving their chances for
future job positions.
(d) Cooperating with the Civil Service Cornrnission to insure
that all entrance and promotional examinations are:in
accordance with the guidelines of the Equal Employment
Opportunity Cornrnission. Such cooperation shall include:
(i) Identifying significant performance variables
for each job classification.
(ii) The elimination of selection factors having no
significant relationship to job performance.
(iii) The periodic review of job specifications to
insure that the information :is accurate and
current and that the requirements are job
related. Such review shall include obtaining
from the appropriate appointing authorities a
detailed job analysis fully describing the
duties of the position and including the reasons
and justification for any existing requirements
such as height, age, education, experience, etc.
(iv) The elimination of unnecessary, narrow experience
requirements which reduce competition for
and intra-departmental promotions.
inter
-5-
(d) Expanding existing special recruitment programs directed
to minorities, women and handicapped persons. In
evaluating the City's representation, the Human Rights
Director shall identify and bring to the attention of
the recruiters areas where the numbers of such indi-
viduals are limited or non-existent to the end that the
recruiters can implement additional programs and make
maximum effort to recruit individuals for those
identified areas.
(e) Conducting special visits to predominantly minority group
areas for open talks with potential job applicants.
(f) Developing special recruitment literature for minorities,
women and handicapped persons.
(g) Coordinating with the Civil Service Cornrnission and the
civil service staff a system for sending job postings for
all City positions to agencies and groups having direct
contact with minorities, women and handicapped persons.
% The City of Saint Paul shall engage in a concentrated
program to insure that all testing is conducted on the basis of
significant relationship to job performance and duties. Such pro-
gram shall include, but not be limited to:
(a) Informing and familiarizing job applicants with the
nature of the selection process of public employment
including promotional selections.
(b) Providing career counseling to minorities, women and
handicapped persons as requested to point out pro-
-4-
action program, including determining the degree
to which program goals and objectives are pro-
gressing.
(b) Indicate needs for remedial action.
5. Advising department heads of latest developments in the
area of equal employment opportunity.
6. AsSisting department heads in the establishment of
appropriate affirmative action goals and timetables and discussing
regularly with such heads the program to insure that policies and
procedures are adhered to.
Section 2. Program Development.
Recruitment. The City of Saint Paul shall engage in a concen-
trated program to recruit needed personnel from minor'ity groups,
women, and handicapped persons, such program to include but not be
limited to:
(a) The establishment of liaison committees with agencies
and groups having direct contact with minorities, women
and handicapped persons.
(b) Retaining one or more recruiters specifically to contact
and recruit such personnel. These persons shall be
responsible for cornrnun:icating with public and private
agencies and groups and explaining the City's policy
and objective in equal employment opportunity through
affirmative action.
(c) Engaging in a concentrated advertising and promotional
program in local newspapers and circulars making widespread
and rnaximum use of minority oriented media with ongoing
evaluation of minority response.
-3-
= responsible f@, Mayor of theaam"njSf:ration o5 this -'-'11)J€!nX it,; ,(,11 EIIa, t h t h eaherencei t,O th e s s h e rAff'armea*5ave A c t .0 o n P r 0 g r a m t o .- n s u r e
'nabOve declared' In COOrdiria,)40nector of Human Rights and his staffy the:he Cl /'LL servlce Cornmiss: )n , ,,i - 'o - Human Rightsmen' and agenc"eS of 'he C""3'> g0aJ5, -" "'r !]- d'r lrte "'a""shea far the i mp I e me nt at 1. and ti me t a b I e s s hal I b e
programSfOralldeParfryl@n5sand on of aff" rmaLl' Ve a c t iO n
)Pfa:ln:lff'Ana"I,.k%@will'lordellabeya5el7iO,,,hagencie":offheCl'fJ7ojsaint
and"mplemen'dLOg"v"eIdu-nCyh)p:oOCg;daumslessr(by" -"V'034eaeBe(
effec' Shall be Cause for aisc,- p.: f:haH full farce and
T;,e D,,ijre.ctor of Human Rights
g and monitoring On a day' tnO
-""l")rog-a,lya
aLnCludey bu' not be li my- ted toe.1' Devel0Pmen5 for
'nued BB5 up,:atea aff-'" Lo c' o' Mayol and the i .tY
suggested internal and external cornrnunica'i ion ter:hr o(It !,
trmative action programs, incJuding
2 " ' a"' -' S 'anC fn dePar fjQBn5 h e a d s i- n a r rl- v,. n g a t 8 01 u t y- O n s,)ytH,sprograma
3 , ASsistanCe 1@n f:he"' )eB=gn ana - . i"ntitl=Cail*@n o
that wl0ll: on of audit an"d Quetpeomrtairneg :ysLems
(a) Measure the effectiveness of the City', affirmatF
OFFICE OF THE MAYOR
CITY OF SAINT PAUL
EXECUTIVE ORDER
it
Each departmerit suall place a
payrbll submitted for payments
overtin'ie on file for at least
employee's na'me, Ms title,
and cite reasori for the overtime.
the
Form Approved
V / .i...y
/7 H
Mayor
sefoaryOthr%MaSyl5onra' ffiurexecl'4unsOivrHeurseto. bEexveacYt:lAve orders