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03-04-94 agendaCITY OF RICHFIELD, MINNESOTA Study Session Letter No. 16 Agenda March 4, 1991 Issue Statement: Discussion on the use of "sinking funds" for the depreciation of certain fixed assets in the General Fund. Background: At the City Council meeting of February 11, a question was raised concerning the use of sinking funds for the depreciation of certain General Fund fixed assets. The specific items under Council consideration at the time were tennis court repairs and carpeting at the Nature Center. In any discussion of this topic, three significant issues must be considered: 1. Governmental Accounting and Financial Reporting Standards 2. Costs 3. Ability to identify such assets Governmental Accounting and Financial Reporting Standards The Governmental Accounting Standards Board (GASB) is responsible for setting acceptable accounting and reporting procedures for governmental units such as the City of Richfield. A publication of GASB which codified all of the acceptable standards and practices for governmental units is the Governmental Accounting and Financial Reporting Standards. These standards are the measurement by which financial documents of the City are judged in terms of compliance, such as the City's award winning Comprehensive Annual Financial Report. The standards address the issue of depreciation of fixed assets. Further, the standards speak to the issue of depreciation of fixed assets with respect to proprietary versus governmental funds. With respect to proprietary funds, such as the City's Enterprise Fund, the standards state that "depreciation accounting is an important element of the income determination process." Thus, in these funds, such as our liquor and golf course operations, depreciation is a very integral and necessary part of the accounting and reporting process. However, with respect to governmental funds, such as the City's General Fund, the standard state that "to record depreciation expense in governmental funds would inappropriately mix two fundamentally different measurements - expenses and expenditures." This generally accepted accounting principle would not allow for depreciation of fixed assets such as the Nature Center carpeting or tennis court repair in the City's General Fund. Thus, it is not only improper to depreciate fixed assets in the General Fund, it is common practice among all governmental entities not to do so, since most government units adhere to the standards established by the GASB. Costs of Depreciating or Amortizing It is also important to consider that even if the City could properly depreciate fixed assets such as those previously cited in the General Fund, it would be financially prohibitive. The cost of the Nature Center carpeting is approximately $14,000, while the tennis court repairs are roughly $34,000. There are dozens of other similar items which would qualify as fixed assets to potentially be depreciated. Some specific examples are: play features, tennis courts, furnace /air conditioning, fencing, well pumps, parking lots, dasher boards, roofs, sewer pumps, carpet irrigation, boilers, compressors, bleachers, practice tennis walls, multi - purpose building flooring. Those items individually range from $10,000 to approximately $60,000. The cost of setting up depreciation on these items mentioned alone would be extremely costly. This cost is further compounded by the loss of General Fund revenues to the City from state aids in the past few years and the devastating cuts faced by Richfield in 1991 and 1992. Lack of funds in the General Fund is one reason that items like the carpeting and tennis court repairs appear in the Capital Improvement Budget, rather than the General Fund. Another aspect of such a depreciation or capitalization process would be the consideration of whether we utilize an "up front" capitalization versus a depreciation schedule for these assets, or both. The upfront capitalization would provide a set aside for the entire cost of the fixed asset now in addition to the annual depreciation as the asset wears out. Difficulty to Identify A less significant consideration, but nonetheless a very important one, is the issue of identifying precisely what items are considered as fixed assets under such a procedure. For example, arguably since carpeting at the Nature Center is a fixed asset to be depreciated, carpeting at every other City facility would be. The same would be true of the roof of each of these same facilities. Similarly, one must consider the issue of every parking lot, piece of machinery, flooring, walking path, etc. As can be seen, the list of such fixed assets would be difficult to assemble and would likely be very lengthy. Recommendation: Discuss the issue of using sinking funds for fixed assets,in the General Fund. Basis of Recommendation: 1. The subject of depreciating fixed assets in the General Fund budget was brought up at the last City Council meeting and staff was asked to prepare some information on this issue. 2. There are a number of significant reasons why depreciating fixed assets in the General Fund would be extremely problemsome. 0 Alternative Recommendation: None. Discussion /Decision Mode: This item has been scheduled for the next Study Session which is on March 4, 1991. JDP:tlm • Respectfull submitted, James Prosser City ager CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 15 Agenda March 4, 1991 Issue Statement: Council discussion of an ordinance regulating the parking of unattached utility trailers on City streets. Background Public Safety constantly receives complaints of trailers which are not attached to vehicles parked on public streets. These trailers include: Boat trailers Snowmobile trailers Utility trailers Construction trailers The current ordinances of the City do not seem to address this problem. The current ordinances seem to address it if the trailer is attached to the vehicle and is parked more than 48 hours. If it were a commercial trailer, it could only be parked for two hours. Boat, snowmobile, all- terrain, and utility trailers under 10,000 pounds GVW are exempt from the two hour limit. These are currently allowed to park for 48 hours, attached or unattached, to a motorized vehicle. Recommended Motion: Staff is recommending that an ordinance be enacted which will limit the parking of utility trailers, which include: Snowmobile trailers Boat trailers All- Terrain vehicle trailers Trailers under 10,000 pounds Gross Vehicle Weight that are unattached to a towing vehicle on city streets for more than two hours. Basis of Recommendation: Staff consistently receives complaints regarding this issue. Current ordinances regulate commercial trailers over 10,000 lbs. and limit them to two hours. Other vehicles, including recreational vehicles or utility trailers attached to tow vehicles, can park up to 48 hours on City streets. Utility trailers unattached to tow vehicles are a safety hazard and City streets are not meant to be a storage area. Alternative Recommendation: 1. Restrict the parking of utility trailers entirely. This • could create more confusion and is not necessary. 2. Do nothing. Leave the ordinances as is which would allow 0 these vehicles to remain on City streets up to 48 hours. 3. Increase or decrease the number of hours from two on the parking of these vehicles. Decision /Discussion Mode: Consideration of an ordinance regulating the parking of utility trailers on city streets and set the first reading for March 11, 1991. JDP:JDE /lmv is • James D City Ma submitted, ser BILL NO. 1991 AMENDMENT TO CHAPTER XIII SECTION 1300, SUBSECTION 1305.27 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Subsection 1305.27 of Section 1300 of the Ordinance Code of the City of Richfield is hereby amended by adding the following new Subdivision 6. Subd. 6. Utility Trailers. No person may park or let stand for more than two (2) hours on any public street or highway a utility vehicle as defined in Subsection 1325.03(c) of this Code when such utility trailer is unattached to a towing vehicle. Passed by the City Council of the City of Richfield, Minnesota this day of , 1991. CITY OF RICHFIELD By Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk RC160 -003 • • CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 14 Agenda March 4, 1991 Issue Statement: Review of policy regarding payment of legal fees for Council Members. Background: At the January 28 City Council Meeting, the Council directed staff to place on a future work study session the issue of payment of legal fees for Council Members. Attached is a letter from John Dean outlining general obligations of the City regarding the payment of legal bills. Recommended Motion: Discuss the policy regarding the payment of legal fees for Council Members. Basis for Recommendation: 1. Council direction. Alternative Recommendation: 1. None. Discussion /Decision Mode: This matter will be discussed at the Study Session of March 4. JDP :ds • Resgest,fdlAy submitted, Jame D Prosser CitytKdnaaer Attorneys at Law BERT A. AI.SOP UL D. BAF.RTSCHI ONALD H. BATTY MARY J. BRF.NDEN STEPHEN J. Bt 81:1. ROBERT C. CARL.SON CHRISTINE M. CHALE JOHN B. DEAN MARI" G. DOBBINS JEFFREYENG STEFANIE N. GALEI': DAVID L. GRAVEN CORRINE A. HEINE JAMES S. HOI.MES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. L.AN' February 28, 1991 Mr. James D. Prosser City Manager City of Richfield 6700 Portland Ave., S. Richfield, MN 55423 Dear Jim: HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337 -9300 Facsimile (612) 337.9310 WRITER'S DIRECT DIAL. 337 -9207 RE •EME-H.) 1' {rain lv� l JULIE A. LAWL.ER CHARLES L.LEFEVERE JOHN M. LEFEVRE.JR. ROBERT J. LINDALL. LAURA K. MOLLET DANIEL. R. NELSON BARBARA 1.. PORTN'OOD MARI' FRANCES SKALA JAMES M. STROMMEN STEVEN M.TALLEN JAMES J. THOMSON. JR. LARRY M. WERTHEIM BONNIE L. WILKINS OF (OUNSEI. ROBERT L. DAVIDSON JOHN G. HOFS('HI.ER At the January 28 Council meeting, member Mike Sandahl requested that the City Council undertake to formulate a policy covering the payment, by the City, of legal expenses incurred by individual council members who become involved in litigation which arises out of their activities as council members. You have asked me to prepare an information letter which touches on both the legal framework which would control the various elements of the policy, and to make some brief comments concerning some of the factors which the Council may wish to consider as it considers the formulation of such a policy. For convenience, I will divide my comments between situations in which the council member is a defendant in litigation and situations in which the council member is a plaintiff in litigation. I. Council Member as Defendant. Cities are required by state statute to defend and indemnify council members for and against damages (including punitive damages) which are claimed or levied against council members as a result of activities occurring in the performance of their duties. The clear public policy behind this statutory mandate is that council members should be free to perform their duties of office, and to make difficult and possibly unpopular decisions without fear of being held personally liable. Because this insulation from liability could possibly lead to an abuse of authority, state law does exempt cities from being required to pay such costs in instances where the council member has acted in bad faith. Whether the member has acted in bad faith is a matter which can only be determined by a close review of all of the facts and circumstances of the matter. Mr. James Prosser February 28, 1991 Page 2 It is my opinion that the question of payment of costs for defendant council members is covered by state statute and is addressed as well in case law, and that there is no compelling reason to formulate a policy statement other than to say that statutory and case law will govern. II. Council Member A Plaintiff. The legal principle concerning this situation is a general rule of municipal law that a municipality, but is not required, to expend monies which advance a legitimate and important public objective, serve a public purpose, are closely related to the performance of the responsibilities which are imposed on the municipality. Unfortunately, the statement of the general rule does not provide much guidance in determining how to approach the question of payment in the real life situation. It is probably more useful to analyze these matters by looking at a number of questions. A. Should the City never reimburse a council member? A determination to never, under any circumstances, (short of a court direction) reimburse a council member does not preclude a member from commencing litigation. It may, however, tend to discourage such litigation. It goes without saying that these kinds of litigation can be disruptive, divisive, and can affect the ability of the council to work for consensus in dealing with issues facing the City. On the otherhand, absent such reimbursement, an issue of important and significant concern to the City may not be resolved. B. Are there situations in which reimbursement would be a ro riate? (This question is reached only if the first one is answered in the negative. 1. Can a distinction be made on the basis of the nature of the litigation? For example, if a council member is suing at least in part for personal reasons, such as the denial of a request for rezoning of the members property, should that be treated differently than a situation where the member has no personal stake in the outcome of the litigation? 2. Should reimbursement be available only if the member is successful in the litigation? 3. Should reimbursement be made only in situations where the member not only wins, but the action complained of is determined to be without any possible basis in law or fact? 4. Should a distinction be made between situations where the member is challenging a f allure to act (deadlock), and a situation where the member is challenging an action taken by a majority of the council? • • • Mr. James Prosser February 28, 1991 Page 3 5. Should reimbursement be made in situations where the litigation could have been initiated by a person who is not on the council? 6. Should reimbursement be made if the issue could have been resolved by means other than litigation? C. Additional Questions. 1. Has the litigation actually advanced a legitimate and important public objective? 2. Even if such an objective has been advanced, has the litigation, on balance, significantly damaged the functional relationship of the council? 3. Should the legal costs of defending a decision not to pay be a relevant factor? 4. Should the councilmember be reimbursed if reimbursement will facilitate settlement of the case? III. Concluding Observations. The Council will certainly benefit from a thorough discussion of this topic. However, the formulation of my sort of detailed policy will not only be an enormous task, but it will also carry with it risks that it may, because of the policy, be obligated to make a reimbursement on some future matter. Perhaps a general statement such as the following would be the best approach. A. In instances in which a council member becomes a defendant in litigation arising out of the performance of the council member's official duty, questions of defense and indemnification will be resolved in accordance with the provisions of state law. B. In instances in which a council member initiates legal action against either the City or other council members, as a general rule, the City will not reimburse such initiating council member for the costs incurred in connection with the litigation. The council may, however, resolve to pay part or all of such costs upon a finding by it that extraordinary circumstances exist which justify payment. A council member should never initiate such litigation against the City or other council members in the expectation that his or her legal fees and expenses will be reimbursed. Respectfully y urs, �-M- J B. Dean JBD:rsr RC160 -001 • • • CITY OF RICHFIELD, MINNESOTA Study Session. Letter No. 13 Agenda March 4, 1991 Issue Statement: Discussion of City selection process. Background: At the February 11, 1991 City Council meeting, the City Council asked that the City's hiring procedure be discussed at the next Study Session. The attached memorandum from Melanie Ault, the City's Personnel Manager, outlines the City's hiring and selection procedures. The process is set forth in detail from the recruitment requisition to the job offer. Sample forms and other materials contained within the packet give a detailed look at the many aspects of a highly structured recruitment and selection procedure. Also attached is a copy of MN Statute 415.16, Employment; Residence Requirement. The statute directly addresses the issue of requiring that a person be a resident of the city as a condition of employment. In Subdivision 1, the statute clearly states that "no ... city shall require that a person be a resident ... as a condition of employment... except for positions which by their duties require the employee to live on the premises of the person's place of employment." Further, City Ordinance 310.11, Residency Requirement, states that while police and fire personnel shall be required to meet such residency requirements as established by the Civil Service Commission, "there are no residency requirements for other city employees." However, in accordance with State Statutes, neither the City nor the Commission may establish residence or response time living restrictions for police and fire personnel. Such restriction may only be established through negotiations with the respective labor group effected. Thus, the City does not apply any type of geographic based hiring preference system. Advertisement for positions is generally limited to the metro area via the Minneapolis Star Tribune and the Minneapolis Spokesman. Job specifications are also sent out to approximately 75 minority recruitment sources and any appropriate trade journals, newsletters or schools in accordance with the City's State certified Affirmative Action Plan. The City's selection process is targeted at hiring the most qualified applicant for the position. For some selection processes which have been conducted in the past year, applications for one position may number well over 100. The range of applicants' home residency may vary from outstate Minnesota or out of state as well as many metro area candidates for typical positions. Many job seekers from outside our area monitor the Star Tribune Sunday classified ads for employment opportunities. Hiring results have included the selection of individuals from several different communities in Minnesota and especially the metro area. Selections for the City's permanent part -time and full -time vacancies during the past fourteen months include several Richfield residents, who have been the best qualified applicant for their respective positions. Recommended Motion: Discuss the selection procedures as outlined in the packet of materials. Basis of Recommendation: 1. The City Council has directed staff to bring this issue before the City Council at a Study Session for discussion. 2. Background materials have been prepared and are available for review and discussion. Alternative Recommendation: None. Discussion /Decision Mode: Discussion on this issue has been identified by the City Council for the March 4 Study Session. • JDP:tlm Attachments • Respectfu submitted, Jame Prosser City nager 415.11 GOVERNING BODIES vu6<S 415.11 CITIES OF SECOND, THIRD AND FOURTH CLASS, SALARIES OF ~ GOVERNING BODY. Subdivision 1. Notwithstanding the provisions of any general or special law, char. ter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such 416.01 Memorials for w, amount as they deem reasonable. 416.02 Tax levy War and historic: Subd. 2. No change in salary shall take effect until after the next succeeding munic- 416.05 416.o6 construction. ipal election. History: Ex1967 c 42 s 1,2; 1976 c 44 s 34 416.01 MEMOR 415.15 CITY COUNCIL RESIGNATIONS, VOTING ON SUCCESSOR. The governin approval of a mak No resigning member of a city council shall participate in a vote of the council to tlon called for the choose a person to replace the resigning member. whereof the prop( History: 1974 c 36 s 1 ordinance providi 415.16 EMPLOYMENT; RESIDENCE REQUIREMENT. monument or p marines, and war Subdivision 1. Notwithstanding any contrary provision of other law, home rule the supervision ar charter, ordinance or resolution, no statutory or home rule charter city or county shall The estimated cos require that a person be a resident of the city or county as a condition of employment or building, shall t by the city or county except for positions which by their duties require the employee vided, that no sun to live on the premises of the person's place of employment. excess of the amoi Subd. 2. A statutory or home rule charter city or county, except if it is located in such approval, is a the area defined in section 473F.02, subdivision 2, may impose a reasonable area or ment or parks or t response time residency requirement if there is a demonstrated, job - related necessity. _ shall be designate( Subd. 3. A statutory or home rule charter city or county may impose a reasonable History: (1933 residency requirement on persons employed as volunteers or as members of a nonprofit firefighting corporation if there is a demonstrated, job - related necessity. The residence 416.02 TAX LEV requirement must be related to response time and established without regard to politi- For the purpo cal subdivision boundaries. such city may levy History: 1981 c 181 s 1; 1984 c 585 s 1; 1985 c 197 s I cost of such buildit rately levied, and , only for the purpo. History:.(1933 416.03 [Repeal( 416.04 [Repeal( 416.05 WAR AM The governing historical museum. History: (1933 416.06 CONSTRI Insofar as sect deemed as amenda affect any building. under. History: (1933 416.07 BUILDIN, OTHER PUBLIC x Each city of th Richfield City Code 310.09 io310.09. Appointments. Subdivision 1. General. Appointments to the municipal service shall be made by the manager. Appointments shall be made on the basis of merit and fitness for the position. Department heads shall be appointed by the city manager, subject to council approval in accordance with section 6.02, subsection 3 of the charter: other appointments to positions in the municipal service shall be made by the city manager after receiving the recommendation of the appropriate department head and shall be in accordance with the rules of the joint fire and police civil service commission where applicable. Subd. 2. Original appointment. An original appointment shall be made by the city manager from among the qualified eligible applicants who indicate a willingness to accept the position. Subd. 3. Transfer. The manager may transfer any employee from one posi- tion to another position in the same class or from a position in one class to a position in another related class in the same salary range. Subd. 4. Demotion. The manager may demote an employee who becomes phys- ically or mentally incapacitated or for any other reason cannot perform the duties and responsibilities of the position he currently occupies, or who wishes to be demoted for other personal reasons. The demotion may be to a position in a lower class if the employee is qualified to perform the duties of such posi- tion. Subd. 5. Promotion. Whenever reasonably possible, the manager may fill vacancies in the municipal service by promotion of permanent employees. Notice of vacancies shall be posted for at least five days at locations where employees may become aware or promotional opportunities. Where candidates for promotion are equally qualified, the manager shall give consideration to the candidates' length of service. Subd. 6. Provisional appointment. Provisional appointments may be made by the manager only to prevent the stoppage of public business or inconvenience to the public. A provisional appointment shall terminate by (i) action of the manager, (ii) by expiration of the period during which any such appointment is limited by civil service or any other law, or, (iii) by the effective date of a regular appointment to the position. Subd. 7. Reinstatement. The manager may reinstate any employee who has left city employment in good standing if such action is in the best interests of the municipal service. Upon petition of the reinstated employee the manager may restore to such employee all or any portion of any unused leave benefit accrued during previous employment in the municipal service for which the employee has not been compensated. Reinstatement of employees who have been on military leave is regulated by Minnesota Statutes, section 192.26. 310.11. Residency requirement. Police and fire protection personnel employed by the city shall be required to meet such residency requirements as shall be established by joint police and fire civil service commission. There are no residency requirements for other city employees. 0 Advertisement If.`there�w al be an= external recruitment,. Personnel follows City ordinance and the `City's Affirmative Action policy in!'' placing advertisement`s..'.The City has adopted;an`"Equal 'Employment Opportunity Policy'Statement (attached) which states that the'City will take Af firmative Action,to ensure y that all employment practices are free from unlawful discrimination. The City has adopted'an.Affirmative Action policy which out lines..procedures`'to be taken to eliminate artificial barriers to employment and promotion`(attached). When placing advertisements,; the City mails the job announcement or job spec to. approximately 75 recruitment sources=(attached'). Each recruitment source is "- notified that qualified protected class- members are•encouraged to appl'y:. The City also advertises in the'Sunday Star Tribune, the Thursday SDokesmanany apprbpriate trade journals or schools, or other area newspapers. Personnel also reviews Affirmative Action statistics acid reports to 'determine if additional recruitment is necessary . to` attract qualified protedted class members. A position may be. advertised an additional amount of time to allow for additional recruitment.' Application Submission App, icants may submit completed applications up to the closing date and time. ,..Personnel records the voluntary • survey,data and reports it to the Minnesota Departmentt of Human Rights. Screening_ Applications The Supervisor and Personnel screen all of the applications. The Hall'vs. City of Champlin case (attached) now mandates' that cities use "a 100 - point system to screen and rate applicants, and to award:Veterans Preference points. The, City uses a 100 -point system (attached).' If possible, the Supervisor and Personnel develop an application score sheet (sample attached). The scope sheet is, developed from criteria identified in the job spec, the desirable knowledges skills'and abilities.which they City: requests the applicants possess. The Supervisor scores each application and selects a cut -off point;jeveryone who scores that level or better mo es on to process.. pp ins contain next step in the private as well, as public data. Care must be taken so as only the Supervisor has access to those applications (MS 13.43 'attached). POSITION RECRUITMENT REQUISITION City of Richfield TO: Personnel Division DATE: Please begin recruitment procedures for the following position: POSITION TITLE DEPARTMENT /DIVISION POSITION INCUMBENT INCUMBENT'S DATE OF TERMINATION INDIVIDUAL TO CONTACT REGARDING DETAILS FOR RECRUITMENT OF THIS POSITION I PERSONNEL USE ONLY: TSP Processed: Yes / �/ No Not Applicable I • Department Head Signature Date Personnel Manager Signature Date City Manager Signature Date e THE CITY OF RICHFIELD, MINNESOTA Announces An Opening For The Position Of CITY PLANNER SALARY Salary Range: $33,030.40 /year minimum to $46,217.60/year maximum, plus full City benefits. NATURE OF WORK Under general direction, is responsible for the overall direction of the Planning and Zoning Division and performs related duties as necessary. EXAMPLES OF WORK PERFORMED Plans, organizes and directs the planning and zoning function of the City. Administers the City zoning ordinance and coordinates all related permit issuance. Administers the City's Community Development Block Grant program, from application preparation to program monitoring and evaluation. Supervises and coordinates the development and maintenance of the comprehensive plan for the City. Administers the off - street parking permit process, including • applications, contracts, inspections and bonding. Relieves the Community Development Director of routine administrative duties and assists with a variety of other administrative functions. Prepares and administers the annual operating budget of the Division. Administers the subdivision regulations of the City. Identifies various funding sources for a variety of projects, making applications as needed. Performs a variety of research duties for the Community Development Director, on matters relating to planning and zoning. Provides information to the general public relating to planning and zoning issues and procedures. DESIRABLE KNOWLEDGES, SKILLS AND ABILITIES Knowledge of the principles, practices and administration of municipal planning and zoning. Knowledge of the principles and techniques of the collection, compilati Knowledge of Knowledge of municipal Knowledge of Knowledge of Dn, analysis and presentation of data. public and private grant funding. local, state and federal law pertaining to planning. municipal government. the principles and practices of supervision. 0 (over) City Planner Page Two Ability to organize, schedule and complete projects in a timely and efficient manner. Ability to administer programs relating to planning and zoning. Ability to gather, compile and present data to the general public, City administration and the City Council. Ability to supervise the work of others. Ability to communicate, both orally and in writing, effectively and aggressively while maintaining positive working relationships. Ability to establish and maintain effective working relationships with coworkers and the general public. Ability to make verbal, written and graphic presentations. Ability to work under pressure and meet deadlines. DESIRABLE TRAINING AND EXPERIENCE A combination of training and experience substantially equivalent to graduation from an accredited college or university with a Bachelor's Degree in Planning, Urban Studies or closely related field and several years experience in municipal planning and zoning, including supervisory experience. APPLICATIONS • Application forms, copies of this bulletin and additional information may be obtained by contacting the Personnel Office, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423/861 -9700 between 8:00 a.m. and 4:30 p.m. Monday- Friday. THE CLOSING DATE FOR SUBMITTING APPLICATIONS IS FRIDAY, JANUARY 26, 1990 AT 4:30 P.M. AN AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER /MFH Personnel Office City of Richfield December 14, 1989 0 THE CITY OF RICHFIELD, MINNESOTA Announces An Opening For The Position Of 9 -1 -1 DISPATCHER (Full -Time) Promotional Opportunity Open Only to Current City of Richfield Employees SALARY Starting Salary: $20,238.40 /year, plus full City benefits. Salary Range: $20,238.40 /year minimum to $25,896.00 /year maximum. NATURE OF WORK Under general supervision, performs public communications dispatch work in a controlli operates 24 hours a day, 365 days a year. handling 911, emergency, and non - emergency transmitting and receiving radio messages, terminals, and other public safety support required. safety Bd environment that Duties include phone calls, use of computer services work as, EXAMPLES OF WORK PERFORMED Answers and screens emergency and non - emergency telephone calls. Dispatches appropriate police and fire units. Makes decisions related to priority of calls and dispatches accordingly in a clear and concise manner. Offers direction on a variety of problems presented by the public and gives general information to the public. Maintains record of dispatched Initial Complaint Report (ICR) calls. Monitors and receives a variety of radio transmissions from police and fire units both in the city and elsewhere in the Metro area. Orders assistance equipment, checks computer files, sends messages, and performs other support functions as requested by field officers. After hours and on weekends, assists with walk -in counter traffic. Monitors detention facility when persons are incarcerated at the Public Safety Building. Operates a variety of office machines and appliances. DESIRABLE KNOWLEDGES SKILLS AND ABILITIES Good knowledge of police and fire functions and purpose. Good knowledge of Richfield and Metro area geography. Ability to hear all human voice ranges and hear concisely from several different sources at one time. Ability to understand and speak English clearly. Ability to read and understand written English. Ability to express oneself clearly and concisely. Ability to use a keyboard and type a minimum of 25 wpm. • Ability to do multiple tasks at the same time. Ability to sit at the same work station for extended periods of time. (over) 911 Dispatcher (Full- Time) Page Two Ability to function in a work environment with multiple is stimuli. Ability to perform satisfactorily during quiet times and time of extreme stress. Ability to establish and maintain effective working relations with others. Ability to maintain confidentiality. DESIRABLE TRAINING AND EXPERIENCE A combination of training and experience substantially equivalent to graduation from high school. Work experience involving telephones, public interaction, problem solving, computer keyboard use, and multiple task work highly desired. Previous Public Safety experience preferred, but not required. At least two years of continual work experience also desired. APPLICATIONS Application forms, copies of this bulletin and additional information may be obtained by contacting the Personnel Office, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423/861 -9700 between 8:00 a.m. and 4:30 p.m. Monday- Friday. THE CLOSING DATE FOR SUBMITTING APPLICATIONS IS WEDNESDAY, DECEMBER 5, 1990 AT 4:30 P.M. AN AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER /MFH Personnel Office City of Richfield November 28, 1990 0 THE CITY OF RICHFIELD, MINNESOTA Announces An Opening For The Position Of ZONING ADMINISTRATOR (Community Development /Planning & Zoning Division) SALARY Starting Salary: $23,587.20/year, plus full City benefits. NATURE OF WORK Under general supervision, responsible for assisting in the administration of the City Zoning Ordinance, permit applications, offstreet parking contracts, and special projects and other duties as assigned. EXAMPLES OF WORK PERFORMED Assists in the administration of the City Zoning Ordinance. Assists in the administration of offstreet parking contracts and permit applications. Assists the public by phone and in person, providing technical information and assistance regarding land use regulations and city codes and providing process information as it relates to Planning Commission and City Council approval. Assists in writing Council letters, Planning Commission letters and resolutions to fulfill the legal.requirements for public hearings, cooperative agreements, offstreet parking bond releases, Planning Commission resolutions and planning reports. Processes, in a timely and accurate manner, all permit applications as required by local and state regulations, including but not limited to mailed notices, legal notice publications and related requirements. Maintains complete and accurate recordkeeping as it relates to zoning case files and other pertinent information. Provides staff support to the Planning Commission and Hearing Examiner, attending monthly meetings. Assists in conducting studies in existing ordinances and research in order to propose amendments to existing ordinances. Disseminates plans and information among appropriate City departments and coordinates interdepartmental review for permit applications. Investigates complaints, violations, and assists in enforcing the City code. Assists in the preparation of graphics for public presentations. Assists in special projects, as assigned. (over) • Zoning Administrator Page Two DESIRABLE KNOWLEDGE SKILLS AND ABILITIES Ability to deal with the public, developers, citizens, Commission Members, etc. with courtesy and discretion. Ability to communicate effectively, both orally and in writing. Ability to interpret and apply the zoning ordinance. Knowledge of current planning practices, theories and techniques. Knowledge of architectural techniques, building codes, and landscape architecture. Knowledge of statutes, federal and state regulations, court decisions and public administration practices related to planning. Knowledge of technical writing and technical drawing interpretation. DESIRABLE TRAINING AND EXPERIENCE Proven ability to work with the public required. Two or four year degree with emphasis in Urban Planning, Design, Landscape Architecture or Public Administration preferred. Experience in zoning administration preferred. APPLICATIONS Application forms, copies of this bulletin and additional • information may be obtained by contacting the Personnel Office, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423/861 -9700 between 8:00 a.m. and 4:30 p.m. Monday- Friday. THE CLOSING DATE FOR SUBMITTING APPLICATIONS FRIDAY, JANUARY 12, 1990, AT 4:30 P.M. AN AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER /MFH Personnel Office City of Richfield December 14, 1989 THE CITY OF RICHFIELD, MINNESOTA Announces An Opening For The Position Of • COMMUNITY SERVICE OFFICER DEPARTMENT OF PUBLIC SAFETY SALARY Starting Salary: $8.83 /hour, plus partial City benefits (excludes insurance). Salary Range: $8.83 /hour minimum to $11.28 /hour maximum. HOURS Minimum of 20 hours per week, maximum of approximately 45 hours per week. Must be able to work varied shift hours on a short notice. FRINGE BENEFITS Vacation, personal leave, and holiday accrued on a pro -rated basis when working 40+ hours during a two -week pay period. NATURE OF WORK Under general supervision, perform animal control functions, perform administrative tasks as required; and perform related work as required assisting other Public Safety functions. EXAMPLES OF WORK PERFORMED Receives messages and information in writing, by telephone and • radio, gives such information as may be required. Operates data input terminal and maintains file reference. Performs various ordinance enforcement functions, such as bicycle safety, health code violations and certain parking violations, as well as assisting police and fire personnel as the need arises in a variety of situations. Maintains police equipment; i.e., taking vehicles to car wash, taking vehicles in for radio repairs, etc. Performs administrative tasks, such as delivery of council agenda, mail runs, etc. Picks up stolen bicycles. Handles animal control enforcement and pick up of abandoned property. U DESIRABLE KNOWLEDGES, SKILLS AND ABILITIES Knowledge of Public Safety communications procedures and equipment. Ability to follow oral and written instructions. Ability to express oneself clearly and concisely, orally as well as in writing. Ability to maintain composure under pressure. Ability to type. Ability to establish and maintain effective working relations with general public and other employees. Willingness to work various shift hours. (over) Community Service Officer Page Two DESIRABLE TRAINING AND EXPERIENCE • A combination of training and experience substantially equivalent to graduation from high school. APPLICATIONS Application forms, copies of this bulletin and additional information may be obtained by contacting the Personnel Office, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423/861 -9700 between 8:00 a.m and 4:30 p.m. Monday- Friday. THE CLOSING DATE FOR SUBMITTING APPLICATIONS IS AT 4:30 P.M. AN AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER /MFH Personnel Office City of Richfield • n LJ THE CITY OF RICHFIELD, MINNESOTA Announces An Opening For The Position Of SWITCHBOARD /RECEPTIONIST SALARY Starting Salary: $8.00 /hour, plus partial City benefits (excludes insurance), for 20 hours /week. Salary Range: $8.00 /hour minimum to $10.22 /hour maximum. NATURE OF WORK Under general supervision, performs clerical work of average difficulty in the operation of a digital console switchboard; acts as City Hall receptionist; and performs related work as required. EXAMPLES OF WORK PERFORMED Operates a digital console switchboard in answering and routing all incoming calls. Assigns new extension numbers and keeps general records on matters dealing with City Hall telephones. Acts as information center and receptionist, answering routine questions and directing the public to services. Performs general clerical duties, such as receipt, stamping and routing of incoming mail; receipt of utility payments and /or assessment materials; scheduling use of meeting rooms; maintaining petty cash funds; scheduling tours of city facilities; filing, stuffing envelopes, and other clerical • tasks. May operate office machines and appliances, including the typewriter to a limited degree. May train other clerical personnel in telephone operation. DESIRABLE KNOWLEDGES, SKILLS AND ABILITIES Good knowledge and skill in the operation of a digital console switchboard. Good knowledge of office practices and procedures. Knowledge and ability to perform clerical work of an average difficulty. Knowledge of basic arithmetic computations. Ability to greet and deal courteously with the general public. Ability to perform under stress. Ability to communicate effectively, both orally and in writing. Ability to monitor phone equipment, recognize problems and arrange for immediate service. Ability to perform routine cashiering duties. Ability to interpret citizen inquiries and direct them to proper informational resources. Ability to establish and maintain effective working relationships with others. DESIRABLE TRAINING AND EXPERIENCE A combination of training and experience substantially equivalent to graduation from high school, preferably • supplemented by switchboard /receptionist experience, especially in the operation of a digital console system. (over) Switchboard /Receptionist Page Two • APPLICATIONS Application forms, copies of this bulletin and additional information may be obtained by contacting the Personnel Office, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423/861 -9700 between 8:00 a.m. and 4:30 p.m. Monday- Friday. THE CLOSING DATE FOR SUBMITTING APPLICATIONS IS FRIDAY, JULY 20, 1990 AT 4:30 P.M. AN AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER /MFH Personnel Office City of Richfield July 10, 1990 r1 U n U 4778 .o 179A.25, the herwise stated. nit of employees the term means intent relations s any employee r in meeting and ilf of the public es of the regents :mployee who: yer in collective )ublic employer. ;" or "commis- - formance of the atives of public ling in advance to an agreement .ipel either party s any aon so cent o time 4779 PUBLIC EMPLOYMENT LABOR RELATIONS 179A.03 Subd. 13. Professional employee. "Professional employee" means: (a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii). involving the consistent exercise of discretion and judgment in its performance; (iii) of a character that the output produced or the result accomplished cannot be standard- ized in relation to a given period of time; and (iv) requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, an apprenticeship, or training in the performance of routine mental, manual, or physical processes; or (b) any employee, who (i) has completed the course of advanced instruction and study described in clause (iv) of paragraph (a); and (ii) is performing related work under the supervision of a professional person to qualify as a professional employee as defined in paragraph (a); or (c) a teacher. Subd. 14. Public employee. "Public employee" or "employee" means any person appointed or employed by a public employer except: (a) elected public officials; (b) election officers; (c) commissioned or enlisted personnel of the Minnesota national guard; (d) emergency employees who are employed for emergency work caused by natural disaster; (e) part-time employees whose service does not exceed the lesser of 14 hours per week or 35 percent of the normal work week in the employee's appropriate unit; (f) employees whose positions are basically temporary or seasonal in character and: (1) are not for more than 67 working days in any calendar year, or (2) are not for more than 100 working days in any calendar year and the employees are under the age of 22, are full -time students enrolled in a nonprofit or public educational institution prior to being hired by the employer, and have indicated, either in an application for employment or by being enrolled at an educational institution for the next academic Year or term, an intention to continue as students during or after their temporary employment; (g) employees providing services for not more than two consecutive quarters to the state university board or the community college board under the terms of a professional or technical services contract as defined in section 16B.17, subdivision 1; (h) employees of charitable hospitals as defined by section 179.35, subdivision 3; (i) full -time undergraduate students employed by the school which they attend under a work -study program or in connection with the receipt of financial aid, irrespec- tive of number of hours of service per week; 6) an individual who is employed for less than 300 hours in a fiscal year as an Instructor in an adult vocational education program; (k) an individual hired by a school district, the community college board, or the 'tale university board, to teach one course for up to four credits for one quarter in a Year. The following individuals are public employees regardless of the exclusions of clauses (c) and (f): An employee hired by a school district, the community college board, or the state ua'Yersity board, except at the university established in section 136.017 or for commu- nit`' services or community education instruction offered on a noncredit basis: (1) to *'place an absent teacher or faculty member who is a public employee, where the rrolaccment employee is employed more than 30 working days as a replacement for that teacher or faculty member; or (2) to take a teaching position created due to mcrcased enrollment, curriculum expansion, courses which are a part of the curriculum `hcther offered annually or not, or other appropriate reasons. i� � i i F. - . . 1 i 179A.03 PUBLIC EMPLOYMENT LABOR RELATIONS f Subd. 15. Public employer. "Public employer" or "employer" means: i (a) the state of Minnesota for employees of the state not otherwise provided in this subdivision or section 179A.10 for executive branch employees; (b) the board of regents of the University of Minnesota for its employees: and (c) notwithstanding any other law to the contrary, the governing body of a politIca! subdivision or its agency or instrumentality which has final budgetary approval authoT. l ity for its employees. However, the views of elected appointing authorities who have ( standing to initiate interest arbitration, and who are responsible for the selection, direr. tion, discipline, and discharge of individual employees shall be considered b\. the employer in the course of the discharge of rights and duties under sections 179A.01 to 179A.25. When two or more units of government subject to sections 179A.01 to 179A.25 f undertake a project or form a new agency under law authorizing common or join; action, the employer is the governing person or board of the created agency. The go%. erring official or body of the cooperating governmental units shall be bound by an agreement entered into by the created agency according to sections 179A.01 to 179A.25. "Public employer" or "employer" does not include a "charitable hospital" as defined in section 179.35, subdivision 2. Nothing in this subdivision diminishes the authority granted pursuant to law to an appointing authority with respect to the selection, direction, discipline, or discharge of an individual employee if this action is consistent with general procedures and stan- dards relating to selection, direction, discipline, or discharge which are the subject of an agreement entered into under sections 179A.01 to 179A.25. Subd. 16. Strike. "Strike" means concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the con- ditions or compensation or the rights, privileges, or obligations of employment. Subd. 17. Supervisory employee. "Supervisory employee" means a person who has the authority to undertake a majority of the following supervisory functions in the interests of the employer: hiring, transfer, suspension, promotion, discharge, assign- ment, reward, or discipline of other employees, direction of the work of other employ- ees, or adjustment of other employees' grievances on behalf of the employer. To be included as a supervisory function which the person has authority to undertake, the exercise of the authority by the person may not be merely routine or clerical in nature but must require the use of independent judgment. An employee, other than an essen- tial employee, who has authority to effectively recommend a supervisory function, is deemed to have authority to undertake that supervisory function for the purposes of this subdivision. The administrative head of a municipality, municipal utility, or police or fire department, and the administrative head's assistant, are always considered supervisory employees. A determination that a person is or is not a supervisory employee may be appealed to the public employment relations board. The removal of employees by the employer from nonsupervisory bargaining units for the purpose of designating the employees as "supervisory employees" shall require either the prior written agreement of the exclusive representative and the written approval of the commissioner or a separate determination by the commissioner before the redesignation is effective. Subd. 18. Teacher. "Teacher" means any public employee other than a superinten- dent or assistant superintendent, principal, assistant principal, or a supervisory or con- fidential employee, employed by a school district: (1) in a position for which the person must be licensed by the board of teaching or the state board of education; or (2) in a position as a physical therapist or an occupational therapist. Subd. 19. Terms and conditions of employment. "Terms and conditions of employ- u al It se be to Uri be of tic txl ssa Vic to eac lab sha cor rep 4780 4781 PUBLIC EMPLOYMENT LABOR RELATIONS 179A.04 ment" means the hours of employment, the compensation therefor including fringe rovided for benefits except retirement contributions or benefits other than employer payment of, or contributions to, premiums for group insurance coverage of retired employees or yees: and severance pay, and the employer's personnel policies affecting the working conditions of the employees. In the case of professional employees the term does not mean educa- �f a political tional policies of a school district. "Terms and conditions of employment" is subject )val author- to section 179A.07. �s who have ction, direc- History: 1984 c 462 s 4, 1986 c 444; 1987 c 186 s 15; 1987 384 art 2 s 1; 1988 c 605 ered by the s 4; 1989 c 255 s 2; 1990 c 377 s 1 179A.01 to 179A.04 COMMISSIONER'S POWER, AUTHORITY, AND DUTIES. to 179A.25 Subdivision 1. Petitions. The commissioner shall accept and investigate all peti- or joint cy. The govt tions for: tions (a) certification or decertification as the exclusive representative of an appropriate )ound by an unit; '179A.01 to (b) mediation services; (c) any election or other voting procedures provided for in sections 179A.01 to hospital" as 179A.25; (d) certification to the board of arbitration; and ant to law to (e) fair share fee challenges, upon the receipt of a filing fee. The commissioner shall . or discharge hear and decide all issues in a fair share fee challenge. gyres and stan- Subd. 2. Unit determination. The commissioner shall determine appropriate units, :he subject of under the criteria of section 179A.09. Subd. 3. Other duties. The commissioner shall: t for ,the abstinence (a) provide mediation services as requested by the parties until the parties reach he duties of the agreement. The commissioner may continue to assist parties after they have submitted their final positions for interest arbitration; :ge in the con- oyment. b sub (b) issue notices, subpoenas, and orders required P q Y law to carry out duties under erson who has sections 179A.01 to 179A.25; in the (c) certify to the board items of dispute between parties subject to action of the ,actions 'P1arge, assign- board under section 179A.16; other employ- (d) assist the parties in formulating petitions, notices, and other papers required 'iployer. To be to be filed with the commissioner or the board; 'andertake, the (e) certify the final results of any election or other voting procedure conducted rical in nature under sections 179A.01 to 179A.25; than an essen- (0 adopt rules relating to the administration of this chapter, and the conduct of ,ry function, is ;, hearings and elections; he purposes of (g) receive, catalogue, and file all orders and decisions of the board, all decisions .tility, or police ` °= of arbitration panels authorized by sections 179A.01 to 179A.25, all grievance arbitra- lion decisions, ays considered ' and the commissioner's orders and decisions. All orders and decisions a supervisory =' catalogued and filed shall be readily available to the public; ,argaining units. = (h) adopt, subject to chapter 14, a grievance procedure to fulfill the purposes of section 179A.20, subdivision 4. The grievance procedure shall not provide for the ser- s" shall reciuilv. written;, "'ces of the bureau of mediation services. The grievance procedure shall be available to any employee nd the in a unit not covered by a contractual grievance procedure; (i) zissionerbefore_;,_ conduct elections; superintea;,., (j) maintain a schedule of state employee classifications or positions assigned to euh unit an a ervisory or CO — established in section 179A.10, subdivision 2; (k) collect such fees as are established by rule for empanelment of persons on the L= )ard o� 14bor arbitrator roster maintained by the commissioner or in conjunction with fair *Ire ee challenges; and Provide technical support and assistance to voluntary joint labor- management ep't n ittees ;gist. emPl established for the purpose of improving relationships between exclusive ftPt'sentatives ions of and employers, at the discretion of the commissioner. Richfield City Code 310.03, Subd. 39 . Subd. 39. "Temporary employee" means either a full -time or a part -time employee who has been appointed to a position having a definite end of employ- ment date. Subd. 40. "Termination" means a complete separation from municipal employ- ment resulting from discharge, resignation, retirement or death. Subd. 41. "Transfer" means the horizontal movement of an employee from one city position to another within the same pay grade, but not necessarily the same class. Subd. 42. "Work group" means two or more employees assigned to a division within the city service who normally share common work sites, duties, respon- sibilities and supervision on an ongoing basis. 310.05. Position classification plan. Subdivision 1. Establishment of plan. The manager shall establish and maintain a position classification plan consist- ing of class titles and class specifications. Subd. 2. Administration. The classification plan shall be administered and maintained by the manager. Employees shall be allocated or reallocated by the manager to classes which best describe their duties on the basis of criteria established in the class specifications. • Subd. 3. Filing of classification plan. The manager shall file a current copy of the classification plan with the city clerk. 310.07. Selection policies. Subdivision 1. Selection. The basic recruitment and selection policies of the city are to take whatever measures as are neces- sary to seek out and to encourage properly qualified individuals to apply for positions at all levels of the city service. Subd. 2. Examination methods. In making a selection from among candidates to fill city vacancies, the manager shall use selection processes relating to those matters which fairly test the capacity and fitness of the candidate to discharge effectively the duties and responsibilities of the position for which the selection processes are held. Subd. 3. Vacancies. Application to compete for a position vacancy must be filed in the manner prescribed by the city manager. Vacancies for permanent positions will be posted for at least five working days. Subd. 4. Eligibility to compete. The manager shall determine the appro- priate selection process to use for each position vacancy, whether it be open competitive or promotional in nature. Open competitive processes are open to all applicants who meet the job - related criteria determined to be predictive of success in discharging the duties and responsibilities of the vacant position. Promotional selection processes are open to current city employees who meet the job - related selection criteria described in the job announcement. - . Richfield City Code 310.09 310.09. Appointments. Subdivision 1. General. Appointments to the municipal service shall be made by the manager. Appointments shall be made on the basis of merit and fitness for the position. Department heads shall be appointed by the city manager, subject to council approval in accordance with section 6.02, subsection 3 of the charter: other appointments to positions in the municipal service shall be made by the city manager after receiving the recommendation of the appropriate department head and shall be in accordance with the rules of the joint fire and police civil service commission where applicable. Subd. 2. Original appointment. An original appointment shall be made by the city manager from among the qualified eligible applicants who indicate a willingness to accept the position. Subd. 3. Transfer. The manager may transfer any employee from one posi- tion to another position in the same class or from a position in one class to a position in another related class in the same salary range. Subd. 4. Demotion. The manager may demote an employee who becomes phys- ically or mentally incapacitated or for any other reason cannot perform the duties and responsibilities of the position he currently occupies, or who wishes to be demoted for other personal reasons. The demotion may be to a position in a lower class if the employee is qualified to perform the duties of such posi- tion. Subd. 5. Promotion. Whenever reasonably possible, the manager may fill vacancies in the municipal service by promotion of permanent employees. Notice of vacancies shall be posted for at least five days at locations where employees may become aware or promotional opportunities. Where candidates for promotion are equally qualified, the manager shall give consideration to the candidates' length of service. Subd. 6. Provisional appointment. Provisional appointments may be made by the manager only to prevent the stoppage of public business or inconvenience to the public. A provisional appointment shall terminate by (i) action of the manager, (ii) by expiration of the period during which any such appointment is limited by civil service or any other law, or, (iii) by the effective date of a regular appointment to the position. Subd. 7. Reinstatement. The manager may reinstate any employee who has left city employment in good standing if such action is in the best interests of the municipal service. Upon petition of the reinstated employee the manager may restore to such employee all or any portion of any unused leave benefit accrued during previous employment in the municipal service for which the employee has not been compensated. Reinstatement of employees who have been on military leave is regulated by Minnesota Statutes, section 192.26. 310.11. Residency requirement. Police and fire protection personnel employed by the city shall be required to meet such residency requirements as shall be established by joint police and fire civil service commission. There are no • residency requirements for other city employees. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This is to affirm the City of Richfield's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity /Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Richfield will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. The City of Richfield will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Richfield will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that this City engages in. • The City of Richfield will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City of Richfield fully supports incorporation of non- discrimination and Affirmative Action rules and regulations into contracts. The City of Richfield will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of this City, or subcontractor to this City, who, does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan, will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity /Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363, will be subject to appropriate legal sanctions. The City of Richfield has appointed Melanie Ault to manage the Equal Employment Opportunity Program. Her responsibilities will include monitoring all Equal Employment Opportunity • 3a activities and reporting the effectiveness of this Affirmative . Action Program, as required by Federal, State and Local agencies. The City Manager of the City of Richfield will receive and review reports on the progress of the program. If any employee or applicant for employment believes . he /she has been discriminated against, please contact Melanie Ault, 6700 Portland Avenue, R chfie 55423 or call 861 -9708. December 6, 1990 Jam s rosser City Manager Date • • 3b h. All bid specifications, proposals and contracts • require a signed statement of Commitment to Comply. All of the above factors have been found to be nondiscriminatory. RECRUITMENT /SELECTION /TRAINING Recruitment, examination, and selection procedures shall be continually examined to insure compliance with the federal law and judicial mandates regarding equal employment opportunity. All phases of the employment and promotion process shall conform to the following guidelines: (1) Job qualifications and requirements shall realistically relate to the actual duties to be performed on the job. (2) Employment procedures and standards shall not be arbitrary and shall not have the effect of blocking protected classes from employment. A. Job Specifications The Personnel Manager shall continually review, and as necessary, revise job specifications, subject to final • approval by the City Manager, for all positions to insure that job qualifications are directly related to the actual needs of the position. This review shall seek to eliminate all artificial barriers to employment and promotion. B. Recruitment 1. The recruitment sources listed in Exhibit A, page 98, shall be notified in writing of all job vacancies. These recruitment sources shall be notified that qualified protected class members are encouraged to apply. This notification shall include: job title and brief description of duties; starting salary; education, training or skills required; closing date; copy /copies of application form. 2. Notification of job openings and employment ads, when appropriate, shall be placed in all media resources listed in Exhibit D, page 105. All employment notices and /or ads shall prominently display the words "Equal Opportunity Employer/ Minority - Female- Handicapped." • 9 3. All job announcements shall be posted on all City • bulletin boards. 4. Supervisory staff at all levels shall be encouraged to actively recruit students belonging to protected classes for employment in summer, internship, and after - school employment programs. C. Examinations 1. Eligibility to take an examination shall not be refused on any legal discriminatory basis. 2. Examinations for like jobs shall be given under like conditions. 3. Exam content shall be confined to measurement of knowledge, skills, and abilities necessary to perform specifically defined job - related tasks. 4. Examination methods used shall be assigned the following priority, beginning with the most desirable and progressing to the least: a. Performance testing - Content validated per- formance testing shall be instituted wherever • possible. Emphasis shall be placed on this method, particularly where a special skill or expressed ability is required to perform a defined group of tasks. The job structure shall be scrutinized to identify areas where the use of performance testing may be maximized. b. Written test - Written tests shall be used when they present a practicable means of determining ability necessary in the performance of defined tasks. c. Rated Interviews - Rated interviews may be used as an additional determinate of employment eligibility, when performance and written tests cannot fully measure the abilities necessary to perform the duties successfully. Oral inter- views shall be limited to asking only objective questions that are specifically job related. Applicants rejected on the basis of oral inter- views shall be given a written statement of such rejection. • 10 5. Uniform grading standards shall be applied to each • individual exam without regard to race, color, religion, national origin, political affiliation, disability, marital status, status with regard to public assistance, sex or age. 6. There shall be periodic review of testing methods to determine if such methods have a disparate effect in the employment of protected class members. D. Selection and Hiring 1. A special effort will be made to include for consideration qualified protected classes for open positions in areas of underutilization. 2. Hire, promote or extend an offer to the best qualified minorities and females. 3. Make an effort to encourage and assist qualified protected class employees to seek advancement opportunities. Include their participation in training and educational programs, or provide on- the-job growth opportunities. 4. Maintain a work environment in which all employees . are aware of the City's equal employment opportunity policies. This includes not tolerating prejudicial or discriminatory acts or remarks of any kind in the work place. 5. Continue to enhance the City's image in the minority community, as well as the community at large, by earning respect for the City through positive accomplishments in the area of affirmative action. 6. Any applicant rejected on the basis of poor employ- ment references shall have the opportunity for rebuttal. 7. Every effort shall be made by all personnel involved in the selection process to make all applicants, particularly protected class.members, feel comfort- able and welcome. 8. Selection officials shall document reason if minority /female candidate is not selected in job groups where either are underutilized. This documentation shall be maintained by Personnel. is 11 9. Applicants will not be barred from employment due to a conviction record, unless the number, nature, and recentness of the record would cause the applicant to be unfit for the position. E. Probationary Period 1. Performance appraisals used during the probationary period shall be objective and directly measure the employee's job performance, and shall not be arbitrary or have a discriminatory effect. 2. All supervisors shall be rated with consideration given to their knowledge, understanding, and successful application of the City's affirmative action policy and program. 3. All employees shall be rated with consideration given to their compliance with the spirit and intent of the City's affirmative action policy and program. 4. Any City employee dismissed during the probationary period, due to poor work performance, shall have received benefit of: a. A verbal warning and specific suggestions for the improvement of job - related deficiencies followed by a reasonable opportunity to correct these deficiencies. b. A written warning and specific suggestions for the improvement of deficiencies followed by a reasonable opportunity to correct these deficiencies. c. A written notice of dismissal. d. An opportunity to have his /her dismissal reviewed by the Personnel Manager to determine if discriminatory practices were factors in his /her dismissal and to recommend a remedy if justified. TRAINING A. All training programs shall be extended to all employees, if the program is job related and would result in better work performance. No employee shall be restricted from attending such programs or courses because of race, religion, color, national origin, 12 Lee Plante Sister Kenny Institute Dept. of Vocational Rehab. MEED Program Mike Peterson 5609 Bernard Place S. 7145 Harriet Ave. So., #204 800 E. 28th St. at Chicago Minneapolis, MN 55436 Richfield, MN 55423 Minneapolis, MN 55407 Q oria Sexton Gamble- Skogmo, Inc. Transition Services innesota Migrant Council 2730 Nevada Avenue No. Control Data Corp. 220 South Robert St., #104 Minneapolis, MN 55427 -2852 8100 34th Ave. So. HOS01 Q St. Paul, MN 55107 Bloomington, MN 55425 -1640 Carolyn Hardy, Q.R.C. Marcia Barnes Martin Luther King Program Courage Center Catholic Charities 19 Johnston Hall 3915 Golden Valley Road 2104 Stevens Ave. South University of Minnesota Golden Valley, MN 55422 Minneapolis, MN 55404 Minneapolis, MN 55455 Project Technology Power Asian /Pacific American LRC American Indian LRC 339 Walter Library 117 Pleasant St. S.E. 106 Pleasant St. S.E. University of Minnesota 306 Walter Library 125 Fraser Hall Minneapolis, MN 55455 Minneapolis, MN 55455 Minneapolis, MN 55455 Chicano /Latino LRC African American LRC Chicano Latino Employment 117 Pleasant St. S.E. 323 Walter Library 1575 Ames Avenue 332 Walter Library 117 Pleasant St. S.E. 'St. Paul, MN 55106 -2901 Minneapolis, MN 55455 Minneapolis, MN 55455 WINGS H.E.L.P. Placement American Indian OIC N: Job Developer Suite 250 Job Training Partnership 0 Fremont Ave. North 5219 Wayzata Blvd. 1845 East Franklin Avenue Minneapolis, MN 55412 St. Louis Park, MN 55416 Minneapolis, MN 55404 Eve Winters Carolyn Hardy Placement Coordinator Stubbe & Associates Vocational Services H.H.Humphrey /Job Corps Ctr. P.O. Box 1024 3915 Golden Valley Road 480 No. Snelling Avenue Minnetonka, MN 55345 -0024 Minneapolis, MN 55422 St. Paul, MN 55108 Shirley DeJong Martin Luther King Center Sheryl Carlson Opportunity Workshop, Inc. 270 Kent Street Career Alternatives 5500 Opportunity Court St. Paul, MN 55102 6801 North Markwood Minnetonka, MN 55343 Minneapolis, MN 55427 Jon Stanley Mr. Benjamin Arriola Rev. John Chell 7026 5th Ave. South 7300 Thomas Avenue So. 6734 Oakland Ave. So. Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 Mr. Gordon Anderson Ms. Jean Fox Daphne Gopaul 7501 Elliot Avenue So. 6616 Sheridan Avenue So. 7036 Portland Avenue Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 Nancy Rowley Darold Luze Gamila Zelada 7520 Blaisdell Avenue 7514 Nicollet Avenue 662412th Ave. South Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 Dept. of Jobs & Training Centro Cultural Chicano * FlexWork ATTN: Peter Haqq Attention: Laura Simpson c/o Donna Tirnmreck 1200 Plymouth Ave. N. 1704 Dupont Avenue North 1900 Chicago Avenue Minneapolis, MN 55411 Minneapolis, MN 55411 Minneapolis. MN 55404 of City Regional Ctr. Mpls. Chinese Chamber of Upper Midwest American 15 Penn Avenue North Commerce -c /o David Fong's Indian Center Minneapolis, MN 55411 9329 Lyndale Ave. So. 1113 West Broadway Bloomington. MN 55420 Minneapolis, MN 55411 Mr. Lee Tillman Myrna Hammer, Place. Coor. Employment Action Center Minneapolis Urban League Rehabilitation Services ATTN: Gloria Mosley On- the -Job Training Prog. 3201 West 69th Street 310 E. 38th St., Room 101 2000 Plymouth Ave. N. Minneapolis, MN 55435 Minneapolis, MN 55409 Minneapolis, MN 55411 Minneapolis WIN St. Paul Rehab. Center Crawford & Company Peter Hagg Attn: Placement Dept. 1295 Bandana Blvd. North 311 Second Ave. So. 319 Eagle Street Suite 235 Minneapolis, MN 55401 St. Paul, MN 55102 St. Paul, MN 55108 Phyllis Wheatly Comm. Ctr. Placement Unit -MN Serv. H.T.C. - CETA South 919 Fremont Ave. N. for Blind & Visually Imp. 7145 Harriet Ave. So. Minneapolis, MN 55411 1745 University Ave. Room 205 St. Paul, MN 55104 -3690 Richfield, MN 55423 Multi Resource Centers Don Taragos Working Opport. for Women 0 nn: Mary Beth Bengston Employment Action Center Colonial Office Park 0 Chicago Avenue Lenox Community Center 2700 University Ave. #120 neapolis, MN 55404 6715 Minnetonka Blvd. St. Paul. MN 55114 St. Louis Park, MN 55426 Native American Center P.W.I. Kateri Residence 1530 Franklin Ave. E. Multi Resource Centers Inc. 2408 Fourth Avenue So. Minneapolis, MN 55404 1900 Chicago Ave. Minneapolis, MN 55404 Minneapolis, MN 55404 St. Paul American Indian Career Center Loring Nicollet Comm. Ctr. Center Metro State University Attn: Bill Allexsaht 341 University Ave. W. 730 Hennepin Ave. 1925 Nicollet Avenue St. Paul, MN 55103 Minneapolis, MN 55403 -1897 Minneapolis, MN 55403 TCOIC Placement District Office Job Placement Office Lynn Jones 1820 N. Xenium Lane Inver Hills Comm. Coll. 935 Olson Memorial Hwy. Minneapolis, MN 55441 8445 College Trail Minneapolis. MN 55405 Inver Grove Ht, MN 55075 St. Paul Urban League Employment Chairman Barbara Victorson 401 Selby Ave. American Legion Post #435 8649 Emerson Ave. North St. Paul, MN 55103 6501 Portland Ave. So. Minneapolis, MN 55435 Richfield, MN 55423 • H.I.R.E.D./ Ronnie Angelus & Assoc. Andres Burgos Matchmaker Network 8030 Cedar Ave., #225 St. Paul TVl, Bi- Lingual 4139 Regent Ave. No. Bloomington, MN 55420 235 Marshall Ave. Robbinsdale, MN 55429 St. Paul. MN 55102 Michael Sandahl Martin Kirsch Ivan Ludeman 7601 Bryant Ave. South 6725 Penn Ave. South 6304 Harriet Ave. South Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 Distal Stokes Thomas Kosel Armando Lissarrague 6733 17th Ave. So., Catholic Charities 7521 17th Ave. South Richfield, MN 55423 215 Old 6th St. Richfield, MN 55423 St. Paul, MN 55102 Mr. Yeh Vang Susie VandenBurg John Boyle Lao Family 7506 Fremont Avenue 6639 Morgan Avenue 976 W. Minnehaha Richfield, MN 55423 Richfield, MN 55423 St. Paul, MN 55104 Lou Lepisto Lois Anderson Ping Wang Wittwer Services DRS Metro State U 5821 Cedar Lake Road 1611 W. Cty. Rd. B. # 104 121 7th Place E., #142 Minneapolis, MN 55407 Roseville, MN 55113 St. Paul. MN 55101 Ramsey County O.I.C. Richard Coleman Mr. Hoang Tran Mel Reeves Epilepsy Foundation of MN Ctr. for Asians & Pac. Islanders 215 East 9th St. 777 Raymond Ave. 1304 E. Lake Street St. Paul, MN 55101 St. Paul, MN 55114 Mpls., MN 55407 Vicky Hartford Ms. Leslie Fagre Mr. Lon Meak Luth. Soc. Serv. Emplmt. Proj. Hmong American Partnership R.I.R.C. 6s., 4 Park Ave. So. 450 N. Syndicate, #35 1821 University Ave., #360S MN 55404 St. Paul, MN 55104 St. Paul, MN 55104 John Landers - WORK READINESS Minneapolis NAACP State Services for the Blind Flour Exchange Building W. Matthew Little, Pres. 1745 University Ave. West 310 S. 4th Street - 7th Floor 310 East 38th Street St. Paul, MN 55104 -3690 Minneapolis, MN 55415 Minneapolis, MN 55409 C RETURN TO: PERSONNEL OFFICE 6700 PORTLAND AVENUE ICHFIELD, MN 55423 CITY OF RICHFIELD APPLICATION FOR EMPLOYMENT DATE RECEIVED 1. Title of Specific Position For Which You Are Applying 2. Date of Application T Date Available for Work 4. Last Name First Name Middle Name 5. Social Security Number 6. Are You Between The Ages of 18 - 70? 7. Residence Phone 8. Business Phone 9. County ❑ Yes ❑ No If Not, State Date of Birth 6A. Liquor Store Applicants Only: City Ordinance requires that Municipal Liquor Store employees be at least 21 years of age. Do you meet this requirement? ❑ Yes ❑ No 10. Street Address 7--C`ty 12. State and Zip Code 13. Do you have any relatives working for the city? If yes, relationship ❑ Yes ❑ No Department 14. Employment Condition Desired: (check one) (check one) ❑ Permanent ❑ Full Time ❑ Temporary ❑ Part Time 15. Have you previously been employed by the city? ❑ Yes ❑ No If yes, date position 16. If position involves driving, please indicate driver's license number State Class 17. Relevant current professional memberships, registrations or licenses. Include date first issued. 18. Education: Did you graduate from high school or receive a GED? ❑ Yes ❑ No School Attended How many years of education have you had? (circle one) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Name and Location of College, University, Technical Schools Dates Qtr. or Sam. Hours Cert. or Degree Major Minor From To 19. Work Experience (Experience and training ratings are determined by this information; please be complete.) List your present or most recent experience first. Attach additional sheets if necessary. Employing Firm Address Phone Number Supervisor Your Title Supervisor's Title Number and Type of Positions You Supervised Length of Employment From month year To month year Total years months Hours Per Week Last Salary Reason for Leaving % of Time Spent In Each Area of Responsibility Principal Responsibilities — Be Complete May we contact your present employer? ❑ Yes ❑ No If no, explain Employing Firm Length of Employment Address From month year Phone Number Supervisor Your Title Supervisor's Title To Number and Type of Positions You Supervised month year Total years months % of Time Spent In Each Area of Hours Per Week Responsibility Principal Responsibilities — Be Complete Last Salary Reason for Leaving Employing Firm Length of Employment Address From month year Phone Number Supervisor Your Title Supervisor's Title To Number and Type of Positions You Supervised month year Total years months % of Time Spent In Each Area Of Hours Per Week Responsibility Principal Responsibilities — Be Complete Last Salary Reason for Leaving Employing Firm Length of Employment Address From month year Phone Number Supervisor Your Title Supervisor's Title To Number and Type of Positions You Supervised month year Total years months % of Time Spent Hours Per Week In Each Area of Responsibility Principal Responsibilities — Be Complete Last Salary Reason for Leaving Employing Firm Length of Employment Address From month year Phone Number Supervisor Your Title Supervisor's Title To month year Number and Type of Positions You Supervised Total years months % of Time Spent Hours Per Week In Each Area of Responsibility Principal Responsibilities — Be Complete Last Salary Reason for Leaving CITY OF RICHFIELD ELECTION OF VETERAN'S PREFERENCE NAME: DATE: APPLYING FOR POSITION OF If you qualify for.the position for which you are applying, do you intend to claim a veteran's preference? Yes No If so, please check the preference you are claiming: Veteran (defined as person separated under honorable conditions who has served on active duty for at least 181 days, or honorably discharged by reason of disability incurred while on active duty). Disabled Veteran (a veteran having a compensable service connected disability as adjudicated by the U.S. Veterans Administration or the retirement board of one of the branches of the Armed Forces, which disability is currently existing). Spouse of deceased veteran L Spouse of disabled veteran who is unable to use preference due to disability. NOTE; • If you elect to use a- veteran's preference, you will be required to present documentation establishing your right to claim the preference. 20. Job Relevant Volunteer and Unpaid Work Experience Kind of Volunteer Activity (Do not specify organization) Percent of Time Per Responsibility Major Responsibilities No. Hrs. Per Mo. Years From To 21. Describe any additional experience or training that qualifies you for this job. 22. CLERICAL APPLICANTS ONLY: Typing Speed Words Per Minute Shorthand Speed 23. If you are not a citizen of the United States, do you have a valid work permit? ❑ Yes ❑ No Number Words Per Minute 24. Have you ever been convicted of a crime for which a jail sentence of more than 90 days could have been imposed? ❑ Yes ❑ No 'You may answer "No" to this question if the conviction or criminal records thereof have been annulled, expunged, sealed, set aside or purged, or if you have been pardoned pursuant to law. Before any applicant is rejected on the basis of a criminal conviction, he /she will be notified in writing and will be given any rights to processing of complaints or grievances afforded by Minnesota Statute Ch. 364. If the answer to question 24 is yes, please attach a separate sheet of paper giving full particulars. IMPORTANT FACTS CONCERNING INFORMATION PROVIDED ON YOUR APPLICATION Only candidates for police and fire civil service positions need complete the reverse side of this page. Minnesota law affects you as an applicant for employment with the City of Richfield. The following data is public information and is accessible to anyone: Veteran's Status, relevant test scores, rank on eligibility list, education and training, and work availability. All other personally identifiable information is considered private, including, but not limited to, your name, home address and phone number. If you are selected as a finalist for a position, your name will become public information. You become a finalist if you are selected to be interviewed by the Employer. The information requested on the application is necessary, either to identify you or to assist in determining your suitability for the position for which you are applying. You may legally refuse, but refusal to supply the requested information will mean that your application for employment may not be considered. If you are selected for employment with the City, the following additional information about you will be public: your name; actual gross salary and salary range; actual gross pension; the value and nature of your fringe benefits; the basis for and the amount of any added remuneration, such as expenses or mileage reimbursement, in addition to your salary; your job title; job description; the dates of your first and last employment with us; the status of any complaints or charges against you while at work; the final outcome of any disciplinary action taken against you, and all supporting documentation about your case; your badge number, if any; your city and county of residence; your work location and work telephone number. Anything not listed above which is placed in your application folder or your personnel file (such as medical information, letters of recommendation, resumes, etc.) is made private information by the law. For further information, refer to Minnesota Statute Ch. 13. I understand that any false information on or omission of information from this application (including Additional Information Required For Public Safety Applicants, if applicable), or failure to present the required proofs, will be cause for rejection or dismissal if employed. Public Safety Applicants Only: In consideration of being permitted to apply for the position herein, I voluntarily assume all risks in connection with my participating in any tests the city deems necessary to determine my fitness and eligibility, and I release and forever discharge the City of Richfield, its officers and employees from any and all claims for any damage or injury that I might sustain. Applicant's Signature Date The City of Richfield's policy and intent is to provide equality of opportunity in employment to all persons. This policy prohibits discrimination because of race, color, religion, national origin, political affiliation, disability, marital status, sex or age (except when sex or age is a bona fide occupational qualification). ADDITIONAL INFORMATION REQUIRED FOR PUBLIC SAFETY APPLICANTS 1. If you have worked under any other name than the one previously indicated on this application, indicate: Last Name First Name Middle Name 2. Indicate below any time during the last ten years not previously accounted for on this application. Indicate status during that time such as unemployed, ill, etc. STATUS ADDRESS CITY STATE FROM TO 4. Give the names of five people outside of relatives who can be contacted regarding your qualifications, work habits and character. NAME PRESENT ADDRESS TELEPHONE POSITION AND RELATION TO YOUR WORK • Employment Data Record Employees are treated during employment without regard to race, color, religion, sex, national origin, age, marital or veteran status, medical condition or handicap, or any other legal protected status. As an employer with an Affirmative Action Program, we comply with government regulations, including Affirmative Action responsibilities where they apply. The purpose for this Data Record is to comply with government record keeping, reporting, and other legal requirements. Periodic reports are made to the government on the following informa- tion. The completion of this Data Record is optional. If you choose to volunteer the requested information please note that all Data Records are kept in a Confidential File and are not a part ofyour Application for Employment or personnel file. Please note: YOUR COOPERATION IS VOLUNTARY. INCLUSION OR EXCLUSION OF ANY DATA WILL NOT AFFECT ANY EMPLOYMENT DECISION. VOLUNTARY SURVEY (Please Print) Date Government agencies attimes require periodic reports on the sex, ethnicity, handicap, veteran and other protected status of employees. This data is for statistical analysis with respect to the success of the affirmative action program. SUBMISSION OF THIS INFORMATION IS VOLUNTARY. Name Address City State Zip Social Security No. DATE OF BIRTH Month Day Year HANDICAPPED? (Circle one number) YES 1 NO 2 HOW DID YOU FIRST LEARN OF THIS JOB? (Circle one number) MPLS. STAR AND TRIBUNE MPLS. SPOKESMAN OTHER NEWSPAPERS 1 2 3 ETHNIC CATEGORY SEX (Circle one number) (Circle one number) State name: MALE 1 CITY SITES 4 WHITE (Not of Hispanic Origin) 1 FEMALE 2 PROFESSIONAL JOURNAL 5 State name: BLACK (Not of Hispanic Origin) 2 RADIO/TV AGE CITY EMPLOYEE 7 HISPANIC 3 (Circle one number) Under 40 1 JOB LISTING POSTED IN OTHER AGENCY 8 AMERICAN INDIAN or Over 40 2 Name of Agency: ALASKAN NATIVE 4 OTHER 9 ASIAN or PACIFIC ISLANDER 5 Identify: .--I 0 SAMPLE ONLY APPLICATION SCORING SHEET LEAD LIQUOR CLERK . Possible Points Received deliveries (liquor, beer, supplies) 2 Stocks products (lists) 2 Customer Service 7 Cash register experience 7 Carding 2 Assessing potential customer intoxication 2 Supervisory duties 5 Inventory control 2 Opening and closing of store 2 Cleaning duties 1 Product knowledge 7 High school graduate and 2 years retail 1 TOTAL POSSIBLE 40 Score 1 2. 0 0. 9 0 0 2 : 5 1 P M - L S A C U R OF MN C Z T I z w . • SUPAim COURT STATE OF ICU SOTA C9- 89.13M P O 1 e�w ar _ Court of Appeals WAIM4 J. In The Mattar of. Jeffrey P. Hall, Respondents, V. Fled: November 30, 1990 C' of Champlin, Office of Appellate Courts . 1Ly Alin, Petitioner, Relator. SYLLABUS I. Minnesota Statutes 1148A.11 and 197.485 (1988), which provide for the granting of preference points to voters= applying for employment with•political subdivisions. of the state, apply to all political subdivisions of the state regardless of the type of personnel system used. 2. Political subdivisions of the sate must adapt their hiring systems to a 1006 Point rating system to enable the allomtim of veteran's preference points, Affirmed. Heard, considered and decided by the court on baac. OPINION WAHL, Justice. This appeal by relator City of Champlin (city) challenges a determination by the Commissioner of Veterans Affairs (commissioner) that the city violated the Veterans Preference Act by failing to award Jeffrey He vsteraas preference points when he applied for the position of laborer with the city. The court of appeals affirmed the decision of the 1 1 7, 03. 90 02 5 1 PM .«LSAGVS OF MN C ZTZ s!r P02 commissioner. We affirm the decision of the court of appeals. . Respondent Je2rey Halt is a disabled veteran within the meaning -of Minna Stat, S 43A.11, subd. S. On February 3, 1989, along with 108 other applicants, he applied for one of two positions of laborer advertised by the city. Hill was one of the top 15 applicants considered by the city, but was not among the top eight selected to be interviewed and was not hired. The city, operating under its personnel ordinance, hired on the basis of written application and an informal rating of interviewed candidates. The city gave no preference to applicants who were veterans. Hall petitioned the Commissioner of Veterans Affairs under Minn. Stat. f 197.481 (1988) to enforce his veterans preference rights under Minn. Stat. 143A.11 (1988). After a contested case hearing, the administrative law judge (ALJ) concluded that the city could not avoid the Veterans Preference Act by enacting an ordinance that does not provide for a competitive open examination; that the city violated sections 197.455 and 43A.11 by failing to use at examination process that would have added 10 preference points to Hall's score; and that the 10 points would have entitled hall to a laborer's job. The Commissioner ordered the city to hire Hall. The city complied with the order but sought review. The court of appeals affirmed the commissioner's order, holding that section 197.455 applies to all governmental units and that the sty must adjust its hiring system to a 100 - point basis to allow for allocation of the veteran's preference points required by section 43A.11. This court granted the city's petition for review and the motion of the League of Minnesota Cities (League) to Sle an amicus curiae brief.' The appeal, while specifically asking whether the city violated the Veterans 'In its brief the League of Minnesota Cities states that it has a memibirship of 794 out of 854 cities of Minnesota and represents the common interests of those cities before the courts, and other governmental bodies. 2 12. 03. 90 02 s 51PM -La"Wt or MH CITIti P03 . Preference Act by failing to award the petitioner veteran's preference points when he applied for the position of laborer with the city, raises the broader issue as to whether Minn. Stat. b 3 43A.11 and 197.465, which provide for the granting of preference points to veterans applying for' employment with political subdivisions of the state, apply to all political subdivisions in the state or only to those which have dvil service systems. . The Veteran's Preference Act reads, in relevant part: 48A.11 vETE1gAN'S PKEFER,ENCE Subdivision 1. Creation. Recognizing that training and experience in the military services of the government and loyalty and sacrifice for the government are qualifications of merit which cannot be readily assessed by examination, a veteran's preference shall be available pursuant to this section to a veteran as defined in section 197.447. t t s Subd. S. Nondisabled veteran's credit. There shall be added to the competitive open examination rating of a nondisabled veteran, who so elects, a credit of five points provided that the veteran obtained a passing rating on the examination without the addition of the credit points. Subd. 4. Disabled veteran's -credit. There shall be added to the competitive open examination rating of a disabled veteran, who so elects, a credit of ten points provided that the veteran obtained a passing rating on the examination without the addition of the credit points. Section 197.455 provides: 197.455 STATE LAW APPLICABLE. The provisions of section 43A11 granting preference to veterans in the state civil service shall also govern preference of a veteran under the civil service laws, charter provisions, ordinances, rules or regulations of a county, city, town, school district, or other municipality or political subdivision of this state, except that a notice of *action stating the reasons for rejection of a qualified veteran shall be filed with the appropriate local personnel officer. Any provision in a law, charter, ordinance, rule or regulation contrary to the applicable provisions of section 43A.11 is void to the extent of such inconsistency. Sections 197.46 to 197.48 shall not apply to state civil service. To construe these statutes, we find it useful to view them in historical context and in light of the policy and purpose of the legislative enactment. Since 1907, it has been the policy of the state to grant veterans preference in hiring.- Chapter 263, • 1907 Minn. Gen. Laves, provided for an absolute veterans hiring preference which applied 3 12. 03. 90 02 : 51PM wL=AGVZ OF MM CZTZKM PO4 to all governmetnt.+l nnitit in the state, including cities such = Champlin. Subsequently, in 1939, the legislature adopted a modified rather than an absolute preference for state civil service. 1939 Minn. Gen. Laws ch. 441, 1 31; in Minn. Stat. f 43.30 (repealed and reenacted as Minn. Stat, 143A.11 in 1981) Under this modified veterans preference law, veterans applying for state employment received preference points added to their examination rating. ten points added to the rating of a disabled veteran; five points added to the rating of nondisabled veterans. Until 1975, governmental subdivisions remained obliged to grant absolute hiring preference to veterans who were capable of performing the duties required and were of good character. Minn, Stat. 9 197.45, subd. 2 (1974), In 1975, however, the legislature amended Minn. Stat. S 43.30, repealed section 197.45 and adopted section 197.455, making the modified point -based preference applicable to political subdivisions as well as to the state civil service system. 1975 Minn. Gen. Laws, ch. 45. • The city and the League argue that the veterans hiring preference, which was absolute as to all political subdivisions of the state until the 1975 amendment, now no longer applies, even in its modified version, to political subdivisions such as the City of Champlin which choose, as permitted by statute, to adopt personnel hiring systems other than a civil service system This is a misreading of the statute. The plain words of section 197.455 provide that section 43&11 shall govern preference of a veteran under charter provisions, ordinances, and rules or regulations, as well as civil service Ims, of the political subdivisions of this state. The city argues that section 197.456 applies only to political subdivisions which have civil service systems because section 43&11 requires a "competitive open examination" which can only refer to the formal, written examination required by a civil service system, There is little support for this contention. We have recognized that the intent of the legislature is not to be defeated by placing a narrow or technical construction upon words s . 4 1 2. O 3. 90 02 : 5 1 PM "c L Z AG V Z OF MN CST t Z i P 0 5 40 if the context and purpose of the statute as a whole indicate that they were used in a popular sense with a broader meaning. Goveimmul ReseaMt RMau v. Borgpn, 224 Minn 313, 322, 28 N.W.2d 780, 785 (1947). Here, there is ample support for the conclusion that the legislature did not, by its use of the words, "open competitive examination" intend to restrict application of veterans preference to cities with civil service systems, but intended a broader application. In 1975, when the legislature adopted section 197.455, referencing section 43.30, it simultaneously amended section 43.30 to provide that "[aln open competitive examination is an examination open to current employees and non - employees of the state or political subdivision." 1975 Minn. Gen. Laws, ch. 45; Minn. Stat. 143.80 (1975). Further, although Minn. Stat. § 43A gives no definition of "examination," Minn, Stat. J 44, governing municipally adopted civil service systems, includes interviews as an appropriate form of examination. Minn. Stat. 1 44,07, subd. 1 (1988), Most cities conduct an "examination" of . some hind during the hiring process, as did the city in this case, by reviewing applicant's quaMeations and informally ranking applicants after oral interviews. Even under the absolute preference statute, cities conducted "examinatioue of the veteran applicant to determine whether the veteran was competent to do the job required and of good character. Minn. Stat. § 197.45, subd. 2 (1974). Contrary to the city's assertions at argunnent, nothing in the legislative history indicates a legislative intent to completely abrogate veterans hiring preference with respect to one group of veterans.Z Such intent is highly improbable in light of the stab's longstanding commitment to reward military service by awarding veterans a preference in hiring. A legislative intent to abrogate this preference as to some political subdivisions is =The transcribed testimony of the League's legislative counsel, Duke Addix, indicates that the League's concern at the time of the 1975 hearing was that the modified, flexible veterans preference permitted by statute in state employment be extended to local • governments which were then governed by an absolute veterans preference. 5 90 02 = 51PMLiAGVS O! MIi CTT =!W F'OB also unlikely because in enacting chapter 45 in 1975, the legislature left intact the closely related veterans hearing rights provision in section 197.46 which applies to "the several counties, cities, towns, school districts and all other political subdivisions of the state.' Both parties and the League agree that the legislature intended, in its 1975 enactment, to create a uniform system for the application of veterans preference in hiring. With a goal of uniformity, the legislature would not likely create a "patchwork" of veterans preference rights which would result, under the ciWs proposed reading of the statutes, in giving veterans preference in some cities and not in others, Only a uniform policy applicable to all veterans throughout the state can effect the intent of the legislature. It would also be difficult to reconcile the legislature's recognition of the training and experience of veterans in the military service and their loyalty and sacrifice for the government with a system. that would reward the military service and sacrifice of some veterans and not of others. egg Minn. Stat. 143A.11, subd. 1 (1988). For the reasons set forth above, we hold that Minn. Stat. I § 4SA.11 and 197.455, which provide for the granting of preference points to veterans applying for employment with political subdivisions of the state, apply to all political subdivisions of the state regardless of the type of personnel system used. Accordingly, the City of Champlin violated the Veterans Preference Act by failing to give veterans preference under the provisions of the Act in its hiring process. The question then arises as to how cities with non -civil service employment systems can apply the veteran's preference points required by section 4U11, subdL 2 and S. The court of appeals determined that the city must adjust its hiring system to a 100 -point basis to enable the allocation of veterans preference points. Hall v. - City of t'hamnlin, 450 N.W.2d 613, 616 Odinn. App. 1990). Although the legislature has never explicitly required that all political subdivisions administer a 100 -point based hiring system, we agree with the court of appeals that a 100 -point based rating system is implicit in the modified point. 0 6 w L S A G U i or M" 02" based preference law because it is necessary to the uniform application and intended effect of that law. &I Op. Att'y Gen. 644-G (Oct. 12, 1979). Further, the second sentence of section 197.455 provides that "(alnry provision in a law, charter, ordinance, rule or regulation contrary to' the applicable provisions of section 43A.11 is void to the extent of such inconsistency." This limiting proviso, in effect, requires that cities, regardless of the type of personnel system, adapt their hiring procedures to a system that enables allocation of veterans preference points. We hold that political subdivisions of the state must adapt their hiring systems to a 100 -point rating system to enable the allocation of veterans preference points. Our decision today does not unduly restrict the discretion granted by the legislature to cities that choose to operate under a personnel ordinance. It does not require political subdivisions to adopt any particular form of hiring system. They used not adopt cavil service systems nor need they extensively revise hiring processes and administer formal written examinations for all positions subject to veterans preference. A local appointing authority may administer any type of evaluation as long as it is based on criteria capable of being reduced to 100 -point rating system- The 100-point rating system will apply to all positions except those specifically exempted from the veterans preference act by Minn. Stat. 1 197.46 .3 We affirm the decision of the court of appeals and the decision of the Comtaissioner of Veterans Affairs. Affirmed. 3W=osota Statutes 6 197.46 specifically exempts from the application of the Veterans Preference Act "the position of private secretary, teacher, superintendent of schools, or one chief deputy of any elected official or head of a department, or 0 any person holding a strictly confidential relation to the appointing oMeer." 0 7 i 0 0 0 c (D rt H (D H 00 �ro b� CD �-n CD° � C (D o � n � m w N r H•> 10 r y CG o Hmo (D r_ m ct cmt 0 5 m rt 10 HH•win 0) C4 ::r M mwn Hrt nom moroo 10 CD 10 mow wo Omh ctctroro to i mmrt o H m omrm r Ht7' 0�< -w o HHH•H Wn P. ct m 000 o 4 0 4 Or C to I v o H o ct o to H. w H• O O (0 o' ill o ro 1-h 10 m m I m m ct (1) rtm m ct ct ct 0) H o rtr w E H•0 H- (D a m H Z m m ^C O ro m O H O m ::r ro H. ct P. rh o m I H ro a o o `• rt w et c o m rt w V m r (n H m O o ro ct of H H m C H• w m to a H P. 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M W (A U) (1) 'ctCo m s �O•tU)'C W 0) o 1 W 0 0 ct m 1 0 O MM m t M a m 0 M M f H %D 0:) v O rom w o x H r`tr c mi °, c� m 0 ► cn w 0, a I-n CD c`n 0 a N 0) o n w m m m a m o a o 14 w a b a ct m m m o mm N H 0 m m m Q) o rr m n w ro m ct m a o F o m � a� o m w � a w : m w O cn ct m o n H %D 03 C) or c, W 0�cn�caro m ct (D o a w w rrw o 0 m�rrt v o m:�mz °N • mn(D aaZamr°t o ca r � o 0)w r 0)mCDoa ct 10 n 0 m�amc0n° o Ho a FJ•o • w I-h w is n m �i N M O W O w Ul m to mwro a :x ^w m `mo��m" c"�ctM 0 a v, � o k (1) ::r a ct momr b a wZ m c m m o rrtm m wr n m N-cn m a m Q0n-i ° (a m � V D a C w m p :j 14 U) — cn N• rt m ct m ct n co z cn wm N ro 0 O m ct m to 0) v 0 moo acn�tmcn • :3 cn o mcnm a o m rr �-n cn Fj- �w m m Q m a lr -I LJ em or by ie system ations or it action. the state the civil 351 s 5 ntained, division s of this 277 GOVERNMENT DATA PRACTICES 13A3 disciplinary action contained in the record of the disciplinary action are classified as public, pursuant to section 13.02, subdivision 15. The entire record concerning the disciplinary proceeding is public data pursuant to section 13.02, subdivision 15, in those instances where there is a public hearing concerning the disciplinary action. The license numbers, the license status, and continuing education records issued or main- tained by the board of peace officer standards and training are classified as public data, pursuant to section 13.02, subdivision 15. Subd. 5. Releasing data. Any licensing agency may make any data classified as pri- vate or confidential pursuant to this section accessible to an appropriate person or agency if the licensing agency determines that failure to make the data accessible is likely to create a clear and present danger to public health or safety. History: 1981 c 311 s 27,39, 1982 c 545 s 12- 14,24; 1984 c 436 s 16; 1984 c 654 art 5s58; 1987c351 s6; 1990c573s5 13.42 MEDICAL DATA. Subdivision 1. Definition. As used in this section: (a) "Directory information" means name of the patient, date admitted, general condition, and date released. (b) "Medical data" means data collected because an individual was or is a patient or client of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a state agency or political subdivision including business and financial records, data provided by private health care facilities, and data provided by or about relatives of the individual. Subd. 2. Public hospitals; directory information. If a person is a patient in a hospi- tal operated by a state agency or political subdivision pursuant to legal commitment, directory information is public data. If a person is a patient other than pursuant to com- mitment in a hospital controlled by a state agency or political subdivision, directory to iso information is public data unless the patient requests otherwise, in which case it is pri- dminis- vate data on individuals. agencies Directory information about an emergency patient who is unable to communicate shall be which is public under this subdivision shall not be released until a reasonable effort is made to notify the next of kin. Although an individual has requested that directory i by any information be private, the hospital may release directory information to a law enforce - iion 12: ment agency pursuant to a lawful investigation pertaining to that individual. :ses; the Subd. 3. Classification of medical data. Unless the data is summary data or a stat- plicants ute specifically provides a different classification, medical data are private but are avail - - disclo- able only to the subject of the data as provided in section 144.335, and shall not be m is not disclosed to others except: medical (a) Pursuant to section 13.05; i antici- (b) Pursuant to a valid court order; of stat- (c) To administer federal funds or programs; ited by - (d) To the surviving spouse, parents, children, and siblings of a deceased patient or client or, if there are no surviving spouse, parents, children, or siblings, to the surviv- rnment -; : ing heirs of the nearest degree of kindred; (e) To communicate a patient's or client's condition to a family member or other appropriate person in accordance with acceptable medical practice, unless the patient iivision or client directs otherwise; or (f) As otherwise required by law. -cessary History: 1979 c 328 s 16; 1980 c 603 s 27,28; 1981 c 311 s 16,39; 1982 c 545 3 24; 1'�Y9 c• 175 S 1 ined by ubdivi- _ 13.43 PERSONNEL DATA. nst any Subdivision I. Definition. As used in this section, "personnel data" means data on individuals collected because the individual is or was an employee of or an applicant or cmplovment by, performs services on a voluntary basis for, or acts as an indepen- 13.43 GOVERNMENT DATA PRACTICES 27h dent contractor with a state agency, statewide system or political subdivision or is a member of an advisory board or commission. Subd. 2. Public data. (a) Except for employees described in subdivision 5, the fol- lowing personnel data on current and former employees, volunteers, and independent contractors of a state agency, statewide system, or political subdivision and members of advisory boards or commissions is public: name; actual gross salary; salary range: contract fees; actual gross pension; the value and nature of employer paid fringe bene- fits; the basis for and the amount of any added remuneration, including expense reim- bursement, in addition to salary; job title; job description; education and training background; previous work experience; date of first and last employment; the existence and status of any complaints or charges against the employee, whether or not the com- plaint or charge resulted in a disciplinary action; the final disposition of any disciplin- ary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; the terms of any agreement settling administrative or judicial proceedings; 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; and city and county of residence. (b) For purposes of this subdivision, a final disposition occurs when the state agency, statewide system, or political subdivision makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court pro- ceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the state agency, statewide system, political subdivision, or arbitrator. Subd. 2a. Data disclosure by statewide pension plans. Notwithstanding any law to the contrary, with respect to data collected and maintained on members, survivors, and beneficiaries by statewide retirement systems that is classified as public data in accor- dance with subdivision 2, those retirement systems may be only required to disclose name, gross pension, and type of benefit awarded, except as required by sections 13.03, subdivisions 4 and 6; and 13.05, subdivisions 4 and 9. Subd. 3. Public employment. Except for applicants described in subdivision 5, the following personnel data on current and former applicants for employment by a state agency, statewide system or political subdivision is public: veteran status; relevant test scores; rank on eligible list; job history; education and training; and work availability. Names of applicants shall be private data except when certified as eligible for appoint- ment to a vacancy or when applicants are considered by the appointing authority to be finalists for a position in public employment. For purposes of this subdivision, "final- ist" means an individual who is selected to be interviewed by the appointing authority prior to selection. Subd. 4. All other personnel data is private data on individuals but may be released pursuant to a court order. Subd. 5. All personnel data maintained by any state agency, statewide system or political subdivision relating to an individual employed as or an applicant for employ- ment as an undercover law enforcement officer is private data on individuals. Subd. 6. Access by labor organizations. Personnel data may be disseminated to labor organizations to the extent that the responsible authority determines that the dis- semination is necessary to conduct elections, notify employees of fair share fee assess- ments, and implement the provisions of chapters 179 and 179A. Personnel data shall -be disseminated to labor organizations and to the bureau of mediation services to the extent the dissemination is ordered or authorized by the commissioner of the bureau of mediation services. Subd. 7. Employee assistance data. All data created, collected or maintained by g! ;a A- nt Ts l ,, ie- n- ng ce n- n- ze re or )rs ed .at or ne o- ng _;s• :rs i or • 279 GOVERNMENT DATA PRACTICES 13.46 any state agency or political subdivision to administer employee assistance programs similar to the one authorized by section 16B.39, subdivision 2, are classified as private, pursuant to section 13.02, subdivision 12. This section shall not be interpreted to authorize the establishment of employee assistance programs. History: 1979 c 328 s 17,• 1980 c 603 s 24,25,29; 1981 c 311 s 12,13,17,39; 1982 c 545 s 9,10,24; 1984 c 436 s 17; 1984 c 544 s 89, 1985 c 298 s 12, 1987 c 186 s 15; 1987 c 284 art 1 s 1; 1987 c 351 s 7; 1987 c 384 art 1 s 2; 1988 c 598 s 1; 1990 c 550 s 1 13.44 PROPERTY COMPLAINT DATA. The identities of individuals who register complaints with state agencies or politi- cal subdivisions concerning violations of state laws or local ordinances concerning the use of real property are classified as confidential data, pursuant to section 13.02, subdi- vision 3. History: 1980 c 603 s 20; 1981 c 311 s 39, 1982 c 545 s 5,24, 1984 c 436 s 18 13.45 SALARY BENEFIT SURVEY DATA. Salary and personnel benefit survey data purchased from consulting firms, non- profit corporations or associations or obtained from employers with the written under- standing that the data shall not be made public which is maintained by state agencies, political subdivisions or statewide systems are classified as nonpublic pursuant to sec- tion 13.02. subdivision 9. History: 1981 c 311 s 19,39, 1982 c 545 s 24 13.46 WELFARE DATA. Subdivision 1. Definitions. As used in this section: (a) "Individual" means an individual pursuant to section 13.02, subdivision 8, but does not include a vendor of services. (b) "Program" includes all programs for which authority is vested in a component of the welfare system pursuant to statute or federal law. (c) "Welfare system" includes the department of human services, county welfare boards. county welfare agencies, human services boards, community mental health cen- ter boards. state hospitals, state nursing homes, the ombudsman for mental health and mental retardation, and persons, agencies, institutions, organizations, and other enti- ties under contract to any of the above agencies to the extent specified in the contract. (d) "Mental health data" means data on individual clients and patients of commu- nity mental health centers, established under section 245.62, mental health divisions of counties and other providers under contract to deliver mental health services, or the ombudsman for mental health and mental retardation. Subd. 2. General. (a) Unless the data is summary data or a statute specifically pro- vides a different classification, data on individuals collected, maintained, used, or dis- seminated by the welfare system is private data on individuals, and shall not be disclosed except: (1) pursuant to section 13.05; (2) pursuant to court order, (3) pursuant to a statute specifically authorizing access to the private data; (4) to an agent of the welfare system, including a law enforcement person, attor- ncy. or investigator acting for it in the investigation or prosecution of a criminal or civil Procceding relating to the administration of a program; S) to personnel of the welfare system who require the data to determine eligibility, amount of assistance, and the need to provide services of additional programs to the individual; (6) to administer federal funds or programs; ( 7) between personnel of the welfare system working in the same program; is 9549 DEPARTMENT OF HUMAN RIGHTS 363.03 (d) Nothing in this chapter restricts or limits the rights, procedures, and remedies available under section 504 of the Rehabilitation Act of 1973, United States Code, title 29, section 794, or the Education of the Handicapped Act, United States Code, title 20, sections 1401 and following. Subd. 4. Public accommodations. The provisions of section 363.03, subdivision 3, relating to sex, shall not apply to such facilities as restrooms, locker rooms, and other similar places. Subd. 5. Disability. Nothing in this chapter shall be construed to prohibit any pro- gram, service, facility, or privilege afforded to a person with a disability which is intended to habilitate, rehabilitate, or accommodate that person. It is a defense to a complaint or action brought under the employment provisions of this chapter that the person bringing the complaint or action has a disability which in the circumstances and even with reasonable accommodation, as defined in section 363.03, subdivision 1, clause (6), poses a serious threat to the health or safety of the disabled person or others. The burden of proving this defense is upon the respondent. Subd. 6. Age. By law or published retirement policy, a mandatory retirement age may be established without being a violation of this chapter if it is established consis- tent with section 181.81. Nothing in this chapter nor in section 181.81 shall prohibit employee pension and retirement plans from granting pension credit to employees over the age of 65 at a lesser rate than is granted to other employees, provided that in no event may an employee's accumulated pension credits be reduced by continued employment, and further provided that no other state or federal law is violated by the reduced rate of pension credit accrual. Nothing in this chapter shall be construed to pro- hibit the establishment of differential privileges, benefits, services, or facilities for per- sons of designated ages if (a) such differential treatment is provided pursuant to statute, or (b) the designated age is greater than 59 years or less than 21 years. Clause (b) does not apply to hiring, tenure, compensation, upgrading, or conditions of employment. Subd. 7. Summer youth employment program. The provisions of section 363.03, subdivision 1, with regard to age shall not apply to the state summer youth employment program administered by the commissioner of jobs and training. History: 1955 c 516 s 4, 1961 c 428 s 4; 1965 c 584 s 1; 1967 c 897 s 10,11; 1973 c 729 s 2; 1975 c 206 s 1; 1977 c 351 s 2 -4; 1977 c 408 s 2; 1977 c 430 s 25 Subd 1; 1978 c 649 s 4, 1980 c 355 s 3, 1980 c 509 s 143, 1980 c 531 s 3; 1982 c 492 s 2; 1982 c 526 art 2 s 16; 1983 c 276 s 5,6; 1983 c 301 s 198, 1984 c 608 s 3, 1Sp1985 c 14 art 9 s 75, 1986 c 444; 1987 c 23 s 2; 1987 c 129 s 1,2; 1988 c 660 s 2,3; 1989 c 280 s 4-8, 1990 c 567 s 2 NOTE: See also section 471.997. or a religious 363.03 UNFAIR DISCRIMINATORY PRACTICES. )licants of the Subdivision 1. Employment. Except when based on a bona fide occupational quali- sex, shall not fication, it is an unfair employment practice: e educational thing in this (1) For a labor organization, because of race, color, creed, religion, national origin, difications or sex, marital status, status with regard to public assistance, disability, or age, nation which (a) to deny full and equal membership rights to a person seeking membership or to a member, v to the con- (b) to expel a member from membership; ion or a pub- (c) to discriminate against a person seeking membership or a member with respect members of to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facili- -ie sex, if this ties, or privileges of employment; or (d) to fail to classify properly, or refer for employment or otherwise to discrimi- ging sex di*- nate against a person or member. -vices pug oc (2) For an employer, because of race, color, creed, religion, national origin, sex, pr V status, status with regard to public assistance, membership or activity in a local I commission, disability, or age, 363.03 DEPARTMENT OF HUMAN RIGHTS 855( 855) (a) to refuse to hire or to maintain a system of employment which unreasonably agency, or organiza excludes a person seeking employment; or undue hardship on (b) to discharge an employee; or tion" means steps w limitations of a qua (c) to discriminate against a person with respect to hiring, tenure, compensation, but is not limited to, terms, upgrading, conditions, facilities, or privileges of employment. ble to and usable by (3) For an employment agency, because of race, color, creed, religion, national ori- ules, acquisition or gin, sex, marital status, status with regard to public assistance, disability, or age, on a temporary or F (a) to refuse or fail to accept, register, classify properly, or refer for employment In determining or otherwise to discriminate against a person; or the operation of a b (b) to comply with a request from an employer for referral of applicants for (a) the overall employment•if the request indicates directly or indirectly that the employer fails to employees or memb comply with the provisions of this chapter. (b) the type oft (4) For an employer, employment agency, or labor organization, before a person force, and the numb( is employed by an employer or admitted to membership in a labor organization, to (c) the nature a (a) require or request the person to furnish information that pertains to race, color, (d) the reasonal creed, religion, national origin, sex, marital status, status with regard to public assis. and tance, disability, or age; or, subject to section 363.02, subdivision 1, to require or (e) documented request a person to undergo physical examination; unless for the sole and exclusive pur. including c( pose of national security, information pertaining to national origin is required by the natives, United States, this state or a political subdivision or agency of the United States or this abled persons or orf state, or for the sole and exclusive purpose of compliance with the public contracts act A prospective e; or any rule, regulation, or laws of the United States or of this state requiring the infor- if it is available fron mation or examination. A law enforcement agency may, after notifying an applicant Subd. la. Disci( for a peace officer or part -time peace officer position that the law enforcement agency information adverse: is commencing the background investigation on the applicant, request the applicant's '= applicant or employ( date of birth, gender, and race on a separate form for the sole and exclusive purpose i within ten days of tl of conducting a criminal history check, a driver's license check, and fingerprint criminal Subd. 2. Real p, history inquiry. The form shall include a statement indicating why the data is being col- i (1) For an owne lected and what its limited use will be. No document which has date of birth, gender, -, having the right to s or race information will be included in the information given to or available to any per - (a) to refuse to s son who is involved in selecting the person or persons employed other than the back - ground investigator. No person may act both as background investigator and be or group of persons `: origin, sex, marital st involved in the selection of an employee except that the background investigator's report about background may be used in that selection as long as no direct or indirect status; or references are made to the applicant's race, age, or gender; or (b) to discrimin (b) seek and obtain for purposes of making a job decision, information from any creed, religion, natic source that pertains to the person's race, color, creed, religion, national origin, sex, mar- tance, disability, or lease of any ital status, status with regard to public assistance, disability, or age, unless for the sole rental or and exclusive purpose of compliance with the public contracts act or any rule, regula- t tion therewith, excel tion, or laws of the United States or of this state requiring the information; or adoption of reasonab (c) cause to be printed or published a notice or advertisement that relates to real property or any employment or membership and discloses a preference, limitation, specification, or dis- (c) in any transz crimination based on race, color, creed, religion, national origin, sex, marital status, sta- to be printed, circula for the purcha tus with regard to public assistance, disability, or age. Any individual who is required to provide information that is prohibited by this cation in connection with t subdivision is an aggrieved party under section 363.06. expresses, directly of race, color, creed, reli (5) For an employer, an employment agency, or a labor organization, with respect lic assistance, disabil to all employment related purposes, including receipt of benefits under fringe benefit specification, or disci programs, not to treat women affected by pregnancy, childbirth, or disabilities related prohibit the advertise to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable placing the advertise accommodations as provided by paragraph (6). prohibiting discrimir. (6) For an employer with 50 or more permanent, full -time employees, an employ- (2) For a real est ment agency, or a labor organization, not to make reasonable accommodation to the (a) to refuse to s known disability of a qualified disabled person or job applicant unless the employer, erty to any person of 8551 DEPARTMENT OF HUMAN RIGHTS 363.03 agency, or organization can demonstrate that the accommodation would impose an undue hardship on the business, agency, or organization. "Reasonable accommoda- tion" means steps which must be taken to accommodate the known physical or mental limitations of a qualified disabled person. "Reasonable accommodation" may include but is not limited to, nor does it necessarily require: (a) making facilities readily accessi- ble to and usable by disabled persons; and (b) job restructuring, modified work sched- ules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis. In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include: (a) the overall size of the business or organization with respect to number of employees or members and the number and type of facilities; (b) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur, (c) the nature and cost of the needed accommodation; (d) the reasonable ability to finance the accommodation at each site of business; and (e) documented good faith efforts to explore less restrictive or less expensive alter- natives, including consultation with the disabled person or with knowledgeable dis- abled persons or organizations. A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant. Subd. 1 a. Disclosure of medical information. If any health care records or medical information adversely affects any hiring, firing, or promotional decision concerning an applicant or employee, the employer must notify the affected party of that information within ten days of the final decision. Subd. 2. Real property. It is an unfair discriminatory practice: (1) For an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these: (a) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or familial status; or (b) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assis- tance, disability, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connec- tion therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or (c) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of appli- cation for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to pub- lic assistance, disability, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults -only if the person placing the advertisement reasonably believes that the provisions of this subdivision Prohibiting discrimination because of familial status do not apply to the dwelling unit. (2) For a real estate broker, real estate salesperson, or employee, or agent thereof- (a) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real prop- erty to any person or group of persons or to negotiate for the sale, rental, or lease of TXj,' cliY OF RICH ��en Opening �punces For The Posl tion Of CLERK - TYPIST Public Safety Department (Part -Time) SALARY Starting Salary: $7.59 /hour, plus partial City benefits (excludes insurance). Salary Range: $7.59 /hour minimum to $10.22 /hour maximum. HOURS reekdays, approximately 35 hours /week; 11:00 a.m. -6:00 p.m. NATURE OF WORK 0 and varied Performs work of average difficulty in M "n 9 f general clerical work and receptionist duties a L L�� r ront counter, and other jobs as required. EXAMPLES OF WORK PERFORMED Performs general clerical duties, as assigned. Types correspondence, memoranda and related materials. Provides information and referral at the front counter. Transcribes tapes from dictating equipment. • Performs heavy data entry and retrieval from city and state computers. Verifies data entry and makes corrections as necessary to insure integrity of data. DESIRABLE_ KNOWLEDGES, SKILLS AND ABILITIES Good knowledge of spelling, grammar, punctuation and arithmetic. Good knowledge of office practices and procedures and of general clerical work. General knowledge and understanding of municipal government and Public Safety in particular. Skill in the operation of office machines, such as the typewriter, word processor, copy machine and computer terminal. Ability to perform typing (40+ wpm) and general clerical work of average difficulty in.a neat and accurate manner. Ability to organize and prioritize work. Ability to courteously and effectively deal with the public. Ability to maintain confidentiality. Ability to work independently and use own judgment. (over) • Clerk - Typist Page Two DESIRABLE TRAINING AND EXPERIENCE A combination of training and experience substantially equivalent to graduation from high school, preferably including or supplemented by courses in office practices, and one year of general clerical experience. APPLICATIONS Application forms, copies of this bulletin and additional information may be obtained by contacting the Personnel Office, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423/861 -9700 between 8:00 a.m. and 4:30 p.m. Monday- Friday. THE CLOSING DATE FOR SUBMITTING APPLICATIONS IS FRIDAY, JUNE 8, 1990 AT 4:30 P.M. AN AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER /MFH Personnel Office City of Richfield May 30, 1990 0 is { POINT ALLOCATION CLERK- TYPIST Public Safety Department (Part -Time) Typing Test Police Report Corrections Interview • Possible Points 20 20 60 100 Points • • • CITY OF RICHFIELD Memorandum DATE: June 28, 1990 TO: Melanie Ault, Personnel FROM: Elaine Elsen, Administrative Aide (� SUBJECT: Clerk Typist Interviews I used the following scale for scoring the typing tests: 41+ = 20 pts 37 - 40 = 15 pts 33 - 36 = 10 pts 29 - 32 = 5 pts I have decided to use 30 points as the cutoff for interviews. This leaves four candidates for interviews: 38 pts 33 pts �► 31 pts 30 pts I would like to interview either Monday afternoon or anytime Tuesday if that's convenient for you. Thanks. I have attached all tests for your review. 0 C O N F I D E N T I A L APPLICANT • • SAMPLE ONLY CLERK TYPIST (PUBLIC SAFETY) - INTERVIEW QUESTIONS: 1) Please tell us about your education, training and experience as it relates to the position of Clerk - Typist. 2) Tell me what your response would be to this scenario. Investigator A has you typing a report and is waiting for you to finish it so he can take it to the County Attorney's office to file a complaint. Investigator B wants you to type a search warrant right away. What do you do? 3) Describe your dexterity in the area of a 10 -key and typewriter keyboard. 4) It is 5:00 and most of the office staff has left for the day. A customer approaches the counter and wants to speak to the Director of Public Safety regarding the conduct of an Officer. The Director and his secretary have left for the day. What would you do? � Z n Ict (D o a o ,o o •s a+ �o '''' ct CD 0 CD rCD 0 o e N F. (D N ct ,p N c �t cD W G ct 0) f (D O W O C O yr CD O' 0 CD N a� N �r� M n CD r D N � ct to Oct O � N r � w Ln Ln tl1 n O r� to C) L-1 � v x N C N n v H ,� ►d q ri ct Itb r� ►mac cx �q C r3 H N Kf � O r3 i 0 r+ �tQ • �(D M G p tlj p O 0 N 'd (D nrt 3 (D M cwt tD 0) 0 ct O4' ONN t o fi f O 0 N O .. N p O N p N 10 ,Q ct (D Cl (D 0 trl rt ct p ct M � ct 0 M N Ct O to to p. ? p 0 ct D O tD r'` CD Oti 3� rt+ N ti. Vj N n CD r � p ct �.4 ri tT 0 O N O t D w r1 (DD CD p UlM 0 g)o 0 0,% 0 G+ Y N N ro 0 CD ct n ro(0 ,4 O (D O tj Q, p 0 �Na ct N ct N 0, t (D ct N n N Nct Y k M M Y (gyp tD 'd N N d a 0 pct ( cwt w Q m 0 G (p a et p to 0 m ro w""co O Oct p N < CD C tD (D w t 0 N w 0 ct tII (D � (D • City of Richfield, Minnesota Study Session Letter No. 12 Agenda, March 4, 1991 Issue Statement: Policy and Strategy Recommendations for Airport Related Issues. Background: Recent developments regarding the airport include the following: • Interactive Community Planning at MSP The MAC has developed three groups to assist with the MSP long- term comprehensive plan. By the end of 1991, the MAC must adopt the plan with a terminal and airfield design which will meet future air traffic needs in this region. The MAC will submit this plan to the Legislature on January 1, 1992. The three interactive groups include: 1. MSP AIRPORT PLANNING TASK FORCE This task force includes local, state and The group will meet regularly during 1991 board for work in progress on the long -te: A staff member from the City of Richfield participate in the task force. The first metropolitan officials. to provide a sounding rm comprehensive plan. has been asked to meeting is scheduled on is Wednesday, March 6. The agenda includes an overview of the airfield and terminal concepts, a review of the initial evaluation of the consolidated concepts, and a presentation of additional noise analysis. 2. MSP AIRPORT INTERACTIVE PLANNING GROUP This group will help determine off -site impacts and potential mitigation measures for each airport development proposal in the long -term comprehensive plan. Members of this group include elected officials from the communities surrounding MSP, representatives from the Met Council and MAC. Mayor Martin Kirsch has been invited to serve on this committee. According to MAC staff, the group will have its first meeting in March. 3. MSP AIRPORT PLANNING REVIEW GROUP This group will address and review the work of the MAC on the long -term comprehensive plan for MSP. Members include representatives from the Met Council, MAC and independent outside experts. In addition to these groups, the MAC will hold two MSP Airport Planning Workshops. The purpose of these workshops is to obtain input from the participants on the long -term comprehensive plan concepts which will provide direction to the MAC. One workshop was held on January 30, 1991. Mayor Martin Kirsch and city staff attended the meeting. There is another workshop scheduled in July 1991. The MAC will hold public meetings with communities adjacent to MSP in April /May and again in August /September on the various airfield and terminal plans. The meetings are intended to provide wide spread community participation in the planning process. • Property Acquisition in New Ford Town and Rich Acres City staff and consultants are in the process of developing a comprehensive proposal that will be submitted to the MAC identifying all the activities and components necessary for a complete buy out of New Ford Town and Rich Acres. The working outline for the proposal includes: I. Finance Plan A. Net tax lose plan to schools and city property 1. Interim period (while buy out is occurring) 2. Permanent period (after buy out period in preparation of redevelopment of the area) B. Acquisition financing II. Acquisition Management A. Acquisition The city would offer the services of the HRA to manage the acquisition process including relocation. • B. Interim property management C. Demolition III. Legal Framework A. Legal basis of acquisition B. Incorporation of financial assurances for acquisition C. Indemnification agreement for property tax base (schools and city) D. Property management agreements E. Final property disposition agreement including: 1. Airport use option a. land use compatibility system b. net tax loss indemnification The proposed time period for voluntary acquisition of properties in the area will be three to five years. After five years, the city will consult with the MAC about.what to do with the remaining properties in the area. The city will propose MAC to buy out the remaining properties or the city. • MAC Part 150 Program The MAC has hired a consulting firm, Aviation Planning, Inc. and Wyle Laboratories, to develop an implementation plan for the Part 150 noise program. The purpose of the program is to identify and improve the noise environment around the airport. The FAA approved the MAC Noise Compatibility Program for MSP on April 2, 1990. The MAC consultants will work with communities surrounding MSP to is develop an implementation plan that will define the procedures for specific projects (what, where, when and how), the phasing for each specific project and the estimated costs. The consultants will complete this task by the end of 1991. In two weeks, the MAC will send a letter to the cities adjacent to MSP requesting a representative from each city to serve on a policy advisory group. This group will also include a representative from the Met Council, FAA, MAC, and the Chair and Vice -Chair of MASAC. The Chair of MASAC will serve as chair of this group. The MAC will also be asking the adjacent cities to establish a core group that will work with the consultants to develop a list of needs for the Part 150 program. • MASAC On February 11, 1991, the Council appointed representatives and alternates to serve on MASAC. Kristal Stokes and Don Priebe were appointed as representatives. Don Priebe declined reappointment to the council. Mike Sandahl and James Prosser were appointed as alternates. Recommended Motion: With this background information, the following recommendations • are provided to address these issues: • Interactive Community Planning at MSP The city supports the development of MSP interactive planning groups and will continue to encourage the MAC to work with neighboring communities on future airport planning. The proposed enhancement plans for MSP will have adverse environmental impacts on the communities surrounding the airport. These communities must work together and identify agreeable measures to mitigate negative environmental impacts from the proposed enhancement plans. City staff will continue to participate in the MSP interactive planning groups. a Property Acquisition in New Ford Town and Rich Acres The adverse environmental impacts from the airport on the residents in these two neighborhoods must be alleviated soon. City staff and consultants will continue to meet and develop the MAC comprehensive proposal outlining an agreement plan to buy out New Ford Town and Rich Acres. The comprehensive proposal will be completed and submitted to the MAC by the end of May 1991. • MAC Part 150 Program The Council should designate a representative to serve on the, policy advisory group. In addition, the staff will develop a core group of representatives to work with the MAC consultants. This group will specifically identify the homes, schools and other public buildings located in Richfield affected by airport noise that are eligible for Part 150 noise compatibility projects (property acquisition, soundproofing and other measures). e MASAC The Council should designate a MASAC representative to replace Don Priebe. Alternative Recommendation: A variety of alternative recommendations may be discussed at the March 4, 1991 Study Session. Discussion /Decision Mode: These matters will be discussed at the March 4, 1991 Study Session. JDP:kab u Respect lly submitted, 2V James u. Prosser City Manager CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 11 . Agenda March 4, 1991 Issue Statement: Safety and traffic improvements on Penn Avenue from 80th Street to 76th Street. Background: Hennepin County, in consultation with the Minnesota Department of Transportation (MN /DOT), Bloomington and Richfield, has proposed a number of safety improvements and measures to improve traffic flow on Penn Avenue at 1494 and nearby intersections from 80th Street in Bloomington to 76th Street in Richfield. The project is estimated to cost in the range of $4.7 to $5.2 million, depending on the alignment chosen, with Richfield's 25% to 35% share of the total cost to be funded through Municipal State Aid funds. If the project is approved on all levels, property acquisition would occur in 1992 and construction in 1993. Traffic congestion severe during rush traffic to back up movements produce vicinity of 1494. Hennepin County is in and around the Penn Avenue /I494 Interchange is hour. Vehicles waiting to make left - turns cause in the left lane on Penn Avenue and left -turn s high number of accidents on Penn Avenue in the proposing to add a left -turn lane on the bridge over 1494 to provide some relief for traffic obstructed by motorists waiting to enter onto the freeway. A concrete median would be added on Penn Avenue extending from I494 to 600' north of 76th Street with openings at intersecting streets. Seventy - eighth Street to the east of Penn Avenue would be rerouted to enter Penn Avenue at 77th Street and a new traffic signal would be installed at the intersection. Also, left -turn lanes would be added at 77th Street for traffic to enter and leave the frontage road. Additional right of way would need to be acquired from businesses, a church, apartment buildings and single - family homes along Penn Avenue. At 76th Street, left -turn lanes are proposed for all four legs of the intersection. Three different alignments are proposed for widening 76th Street to add left -turn lanes. Sketches of these three options will be available at the study session. About 24' of additional right of way would be needed. This additional right of way may affect some or all of the following properties: a church; single - family homes; and /or, apartment buildings along 76th Street. A concrete median would be built extending east and west about 600' from the 76th Street and Penn Avenue intersection. The proposal has been presented to the Richfield Ad Hoc Traffic Committee for its review. Although no recommendation has been made yet, the Committee is waiting for Council direction before they continue. The Committee discussed the three different alignments for widening 76th Street to add left -turn lanes. The major issues identified by the Committee were the need for adding left -turn lanes, - 2 - potential neighborhood opposition to acquiring residential property for street widening, and the potential for redevelopment associated with each alternative alignment. The widening of 76th Street would be done in response to accidents and traffic congestion at the 76th Street and Penn Avenue intersection. However, the following table reveals that most left - turn accidents at this intersection occur on Penn Avenue, not on 76th Street. 1987 -89 Accidents at Penn Ave. /76th Street Left -Turn Direction Accidents Northbound Penn Avenue 23 Southbound Penn Avenue 26 Eastbound 76th Street 3 Westbound 76th Street 6 Right Angle Accidents - Total 58 City staff will verify the accuracy of computer accident to ensure that all accidents involving on 76th Street are properly accounted for. Total Accidents 28 33 6 9 2 rl? records for each left turn movements Traffic volumes on both 76th Street and Penn Avenue are high, and are projected to increase after the reconstruction of 135W and I494. Average daily traffic (ADT) in 1990 and twenty -year projections are shown below: Segment North Leg of Penn Ave. South Leg of Penn Ave. East Leg of 76th St. West Leg of 76th St. At Penn Ave. /76th Street Intersection 1990 2010 Forecasted Percentage ADT ADT Increase 14,300 20,000 +40% 16,100 19,000 +18% 12,100 21,300 +76% 9,950 16,700 +68% Sources: Hennepin County 1990 Traffic Counts and BRW 77th Street Access Study for 2010 Traffic Forecasts When the intersection is analyzed using projected increases in traffic and adding left turn lanes only on Penn Avenue, the intersection fails to function properly, especially for eastbound traffic on 76th Street. Delays are caused when vehicles cannot make a left turn and force cars behind them to wait. By adding left turn lanes on 76th Street, the analysis shows that traffic congestion can be alleviated. Both Penn Avenue and 76th part of the regional road high volumes of medium to relievers to the freeways it is important to assure adequately handle project Street are classified as minor arterials as network. These roads are designed to carry long range trips. They also serve as in times of traffic congestion. Therefore, that the two roads are designed to ad traffic. - 3 - City staff is proposing a public review process to obtain public comments on the proposed improvements if the City Council wants to continue to consider the project. Recommended Motion: No recommended motion. The purpose of this meeting is to discuss the proposed improvements on Penn Avenue from 80th Street to 76th Street. Basis of Recommendation: The proposed improvements, depending on the alignment chosen, may involve substantial acquisition of right of way from businesses, apartments, single- family homes and a church. Alternative Recommendations: 1. Do not support any proposed physical improvements along Penn Avenue or 76th Street because they may involve substantial acquisition of property from residents, businesses and a church. However, traffic congestion and a high incidence of accidents will become worse as traffic increases near I494. 2. Support only the proposed widening of Penn Avenue but not the widening of 76th Street to add left turn lanes. However, traffic congestion and the number of accidents on 76th Street will increase as the volume of traffic continues to grow. 3. Replacing a concrete median with a painted median is an alternative but will not be recommended by City staff because the painted median exposes left turning vehicles to too much accident risk. No alignment for adding left turn lanes on 76th Street will avoid the taking of private property. Even reduced design standards such as 11' wide traffic lanes will still require the acquisition of property. Discussion /Decision Mode: The City Council may 1) endorse the need for improvements on Penn Avenue and 76th Street and the public review process, 2) indicate modifications the City Council would like before the proposal is submitted for public review, or 3) oppose any improvements on Penn Avenue and /or 76th Street. No decision is needed now, but the City Council needs to convey some form of positive response to the proposal before Hennepin County staff will proceed with further design work. Respectfully submitted, James Prosser City ?aageEr JDP /tff Attachment • • NO LEFT TURN LANES WITH LEFT TURN LANES • SRFBenefits of Left Turn Lanes 19 at Signalized Intersections