06-28-82 agendaCITY OF RICHFIELD, MINNESOTA
Office of City P4anager
r
Council Letter No. 218
Agenda June 28, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Lincoln Hills School Purchase and Re-use
For a period of time, the city staff has been discussing
the potential acquisition of Lincoln Hills School with the
Richfield school committee appointed to negotiate on this
issue. We are now prepared to present an agreement to the
HRA and city council but perhaps a little background should
be reviewed in order to remind all parties of the history of
the project,
In April, 1981 the city council discussed Target Issues
that became adopted objectives for the city staff to pursue
over the two year period of July, 1981 to June, 19°3. Of
• the top ten target issues three of them relate directly to this
project. The are as follows:
Priority # 2 Provision of Senior Housing
Priority # 6 Development of a program to attract
young families
Priority #7 Provision of low and moderate income
housing
The HRA has concurred with the goals of the council on
various occasions. Also, in early 1981 at a joint School Board
and City Council meeting, both bodies expressed concern over
the future use of school facilities in light of the continuing
decline in enrollment in our community. A committee was
appointed by the bodies including the Mayor, School Board
Chair and six staff persons to pursue the issue of facility
use. As a result, discussion has been taking place for over
a year between the two organizations about the use of school
facilities for either recreational or housing purposes. You
may recall that part of the study that was done on Legion
Lake examined the possibilities of using the Middle School for
a community center and the elementary schools for housing uses.
Schematics and pros and cons of those uses were shown and
discussed by the council. Media coverage was given to these
discussions, specifically in the January 14, 1932 edition of
the Minneapolis Star.
Council Letter No. 218
-2-
June 28, 1982
The School administration ultimately recommended the closing
. of two elementary schools in Richfield and that was approved
by the School Board. During the hearings which took place,
references were made to potential re-uses of the buildings as
housing projects and media coverage mentioned that on more than
one occasion. Since the buildings to be closed were both
elementary schools, the discussions narrowed down to re-use
for housing for a senior community center. The potentials for
use as housing were examined in greater detail in early 1982
with the conclusion that housing for the elderly was the most
appropriate re-use of Lincoln Hills School from the city
perspective. Media coverage of that was ongoing also, with an
article in the Star on May 20. Discussions with other groups
took place, in particular the Ministerial Alliance, which
resulted in some of the churches in the area of Lincoln Hills
taking particular interest in the humanitarian aspects of a
housing efforts for less advantaged senior citizens.
In the middle of May the U.S. Housing and Urban Development
Department (HUD) released an invitation to submit applications
for Section 202 mortgage financing which was coupled with
reservations under the Section 8 rental housing program. As
a result, the four churches in the area (St. Nicholas, St.
Richards, Woodlake Lutheran and Emerson Congregational) has
formed a non-profit corporation known as Lincoln Hills
Incorporated (LHI) LHI is contracting with the Community
Development Corporation (CDC) to provide management services
on this project. The deadline for the applications to HUD
is June 30, 1982. This program would go the furthest to provide
housing at a rate affordable to low income persons. If an
application for Section 202 mortgage money is unsuccessful, we
will still pursue other potentials for housing on the site.
The new deadline intensified discussions with the school
district for acquisition of the parcel grid building. At the
same time the city council held a public hearing on June 14
to redesignate the Community Development Block Grant funds to
allow for their use in the acquisition of the school The HRA
agreed to consider an application from the four churches in
combination with CDC at their May 17 meeting. All of the actions
and discussions over the last year and one-half have been aimed
at the action being considered by the council and the HRA at the
special meeting on June 28 at 9:00 p.m., assuminq the School
Board approves their role in the process at their 7:00 p.m.
meeting on the same evening.
In our discussions with the school district the following
points were considered by both parties:
- the most logical reuse of the Lincoln Hills site would
be a use allowed in the multiple family residential
zone
- uses permitted in this zone include churches, schools,
or multiple family residential
Council Letter No 218 -3- June 28, 1982
- the maximum initial resale value of the school would be
• achieved by sale to a purchaser who would have to perform
a minimal amount of structural rehabilitation (such as a
school or church)
- a housing re-use decreases the initial resale value of the
property because of the extensive costs which will be
incurred to adapt the building for housing
- the appraisal value of $1,319,000 reflects the maximum
resale value to a school or church
- a school or church is likely to be a tax-exempt property
in perpetuity and would, therefore, yield no property
tax benefits to the community
- sale of the property to a school or church would likely
result in loss of the open space area which is now
available for community recreational purposes
- tree parcel could readily be subdivided into two tracts,
if the use of the eastern tract is one with minimal parking
requirement needs and the western tract remains as open
space (development can count adjacent open space toward
meeting its requirements for open space on site)
• - housing for the eldelly requires a minimal number of
parking spaces under the city's zoning requirements,
whereas churches, schools or other multiple family
residential projects would require more parking
- re-use of the site for housing for the elderly would
permit an even split of the parcel and retention of the
western half for open space
- the school has outstanding indebtedness which will be
retired in 1993
- proceeds from the sale of school properties which are
received before 1993 are required to be deposited into
the debt service fund, while proceeds from property sales
which are received after 1993 can be used for capital
improvements
- the City/HRA desires to stimulate the provision. of low
income housing for the elderly to meet a need in the
community
- the need for low income elderly housing is dramatically
demonstrated by the waiting list at Richfield Towers which
contains 1,700 persons (75% of whom currently live in
• Richfield or have previously resided here and wish to
return)
- the provision of housing alternatives for the elderly
allows for single family houses to be recycled for younger
families with children
Council Letter No. 218 _4_ June 28, 1982
- the city's use of special revenue funds (liquor profits)
• for this property acquisition will delay park improve-
ment projects in the community (i.e. Little Bob's Par]c
and Memorial Park). The HRA's use of Community Develop-
ment Block Grant monies for this purchase will diminish
its ability to address its priorities for elimination of
substandard houses and resale of lots for family housing,
since the resale to a non-profit corporation will yield a
minimal amount of money at best.
- the establishment of a tax increment district puts some
assessed valuation on the tax rolls immediately, con-
trasted to the current tax exempt property. Under the
provisions of the tax increment law, once the tax
increment district is dissolved, the entire property tax
yielded by this parcel will be distributed city-wide and
district-wide.
The proposal for purchase of the property from the school
district calls for a purchase price of $1,100,000 of which the
HRA would pay $700,000 for the easterly parcel containing the
school building and the City would pay $400,000 for the westerly
parcel containing the park land. The closing on the properties
would be in unison by both parties no later than August 15,
1983. The HRA would pay its share of the cost up front by a
• $700,000 payment. The source of funds for that payment would
be the $400,000 available from the CDBG funds and a $300,000 loan
for the City of Richfield's Permanent Improvement Revolving Fund
(PIR). The loan from the City to the HRA would have a term of
25 years bearing interest of 12~. The loan would be paid off by
the HRA either from a future tax increment bond or from the
proceeds of tax increments on the project which will be received
over the 25 years allowed for a project of this kind. Assuming
construction completion by the end of 1984, the tax increment
flow should be sufficient to retire the debt by 1998. All of
the assumptions made in the tax increment forcast are conserva-
tive, so hopefully we will be able to do better than than in
reality.
The City would pay its commitment for purchase of the property
by making payments of $12,000 per year until 1993 and then
paying the balance on July 1, 1993. The unpaid balance -from date
of closing would be subject to interest of 11%. If we assume
we can close by ~?arch 31, 1983 we need to have a balance on July 1,
1.93 of $60,819. This can be achieved by appropriating $54,000
per year from the Special Reserve Fund and investing it with
interest until 1993 (see attachment for more details).
i
Council Letter No. 218 -5- June 28, 19<~2
The financial plan as a whole appears to be sound for both
the City Council and the HRA. I would recommend that both
bodies approve the option for a purchase agreement containing
these major elements. The option would be a $1,000 payment to
the School with $10,000 of earnest money. Both amounts would
be deductible from the purchase price.
Subsequent to this purchase option, the HRA should consider
granting a purchase option to LHI. The purchase option to
Lincoln Hills Incorporated would contain the following major
provisions:
- the site would be used only for multiple unit housing
for the elderly
- the sale price would be $1.00 or the amount which is
justifiable in the financial formula approved by HUD,
whichever is higher
- LHI must give the HRA firm commitment to construct a
project by August 15, 19£33 or lose its option to
proceed.
Other elements of the agreement will be discussed Monday
night.
The approval of the purchase option with the school district
and the purchase option with LHI set up the financial ramifica-
• tions of this project, yet protect the HRA from disadvantageous
situations developing in the future. They are really just
the initiation of a lot of steps to be taken before this project
becomes reality. If approved, the staff will work closely with
LHI to make this project come to fruition.
Respectfully submitted,
~~~~~~~
Karl Nollenberger
KN/skh
cc: Community Development Director
Administrative Services Director
Housing and Redevelopment Coordinator
CITY OF RICHFIELD
•
LINCOLN HILLS ACCOUNT
Special Principal
Revenue & Interest
ro Balance (11%) Payment Balance
3/31/83 $54,000 $ 54,000 $ 59,40 $12,000 $ 47,940
3/31/34 54,000 101,940 113,153 12,000 101,153
3/31/ES 54,000 155,153 172,220 12,000 160,220
3/31/86 54,000 214,220 237,735 12,000 225,7£35
3/31/37 54,000 279,7£i5 310,561 12,000 298,561
3/31/gE 54,000 352,561 31,342 12,000 379,342
3/31/89 54,000 433,342 481,010 12,000 469,010
3/31/0 54,000 523,010 580,5--^.1 12,000 56£i,541
3/31/91 54,000 622,561 691,021 12,000 679,021
3/31/92 54,000 733,021 813,653 12,000 501,653
3/31/93 54,000 355,653 949,775 12,000 937,775
7/1/93 937,775 963,563
PAYMENTS TO SCHOOL
Principal Balance
Ending & Interest After
Balance Principal (11%) Payment Payment
3/31/34 $400,000 $444,000 $12,000 $432,000
3/31/~t5 432,000 479,520 12,000 467,520
3/31/6 467,520 51F~,947 12,000 506,947
3/31/87 506,947 562,711 12,000 550,711
3/31; 3F; 550,711 611,29 12,000 599,289
3/31/89 599,29 665,210 12,000 653,212
3/31/90 653,212 725,065 12,000 713,065
3/31/91 ~ 713,065 791,502 12,000 779,502
3/31/92 779,502 :'65,247 12,000 853,247
3/31/93 853,247 947,103 12,000 935,10
7; 1/93 960,19
~g
CITY OF RICHFIELD, MINNESOTA
Office of C ity Manager
Council Letter No. 217
Agenda June 28, 1982
•
The Honorable Mayor
and
~~lembers of the City Council
City of Richf field
Council Members:
Subject: Request for Waiver of Building Code
Requirements by Walser Buick
In January, 1981 Walser Buick received a Special Use Permit
to construct a used car sales building. Now, the company has
submitted an application for the building permit to construct
the building of approximately 1400 square feet. Walser Buick
plans to use the existing foundation of their current new car
sales building for the new building. The plans as submitted
show that the entrance to that building would be five feet above
the ground, which would prevent accessibility to the building
for handicapped persons. In addition, no provisions are shown
on the plans for sanitation facilities within the new building
for handicapped persons.
The contractor for [tiialser Buick had hoped that they would
not have to provide access for the handicapped or sanitation
facilities for the handicapped in the building, citing State
Building Code Section 1.5501, Sub-section B-5. City staff
spoke with the contractor and explained to them that the sections
of the building code covering building accessibility and sanita-
tion facilities for the handicapped did not exempt Walser Buick.
On June 22, 1982, Walser Buick submitted a letter to the
city requesting a waiver of the building code requirements
regarding handicapped access and bathroom facilities. The
letter based Walser's request on the following three reasons:
1. The fact that installing access and bathroom facilities
for the handicapped would be expensive.
2. The fact that few handicapped persons have visited their
lot in the past.
3. The fact that handicapped persons oculd use bathroom
facilities in one of the other buildings on the [Walser
property.
Council Letter No. 217
-2-
June 28, 1982
The Public Safety Department has found the following facts
in its review of the matter:
1. Regarding the requirements for building access, Section
1.5502, Sub-section C of the building code requires
accessibility to new buildings for the handicapped. The
proposed building is going to be used for the general
public, and will be provided with office space in which
a handicapped person could feasibly be employed. Lack
of handicapped accessibility to this building therefore,
would mean that members of the general public could not
visit the building and prospective employees who are
physically handicapped would not be able to work there.
The main building on the Walser property is located
approximately 380 feet from the proposed use car sales
building. The main building does have a ramp at an
entrance; however, the ramp is steeper than what is
required for a new construction and it would be difficult
for a handicapped person to negotiate the ramp. In
addition there is no landing at the doorway to allow a
handicapped person to negotiate the doorway in a wheel-
chair.
The third building on the Walser property is the Imported
Auto Sales Building. This building is located closer to
the proposed use car sales building, but it is across
a heavily traveled street. The Imported Auto Sales
building does have access for handicapped persons, and
does have restrooms that are usable by them.
2. Regarding the requirements for sanitation facilities,
Section 1.5501. Sub-section B-4, permits discretionary
authority by the local building official in some
cases involving the installation of sanitation facilities
which are usable by physically handicapped persons.
Since the proposed building would not have access or
sanitation facilities the general public would have to
use another building, and an employee in the used car
building who might require handicapped bathroom facilities
would have to leave that building, ao across the street
to the imported Auto Sales Building in order to use the
bathroom. The main building at Walser Buick does not
have bathroom facilities for the handicapped. The city
council is empowered to hear appeals to the handicapped
code by petition of the applicant.
Council Letter No. 217
-3-
June 28, 1982
3. The city council is empowered to hear appeals to the
. handicapped code by petition of the applicant.
Then, the city must report its decisions on appeals to
the state building code to the State Commissioner of
Administration within 1~ days after the decision is
made. Code requirements related to handicapped access
are the only code requirements in the state in which
the Commissioners of Administration can pre-empt the
local authority, as cited in State Law 471.466. Thus, it
is possible that if a waiver is granted in this matter
the Commissioner of Administration may overrule the decision,
and enforce the requirements as stated in the buildina_
code.
Based on the above facts, it is the recommendation of the Public
Safety Departmer_t that the Walser Buick request for waiver of
building code requirements regarding access and sanitation
facilities for handicapped persons be denied.
Respectfully submitted,
• KN/skh
cc: Public Safety Director
'~
i~ ~~t~~.Gz~-.
Karl Nollenbera_er
City Manager
2100 W. 78th Street,
Minneapolis, Mn. 55423
Phone (612)869-1492
June 22, 1982
Mr. Karl Nollenberger
City Manager
City of Richfield
6700 Portland Ave. S.
Richfield, Minnesota 55423
Dear Mr. Nollenberger:
This letter is to request a variance from the Minnesota
State Building Code for a proposed used car sales building for
Walser Buick. We specifically request the abatement of Chapter 55
of the code requiring handicapped ramps and bathroom facilities
in public buildings.
We request this variance for the following reasons:
1. The cost of ramping or providing an elevator would be
expensive and would require a larger building beyond
our present means and needs.
2. In the six years we have operated in this location we
have experienced few, if any, handicapped persons on our
used car lot.
3. Future, handicapped persons, if any, could be conveniently
accommodated in adjacent handicapped facilities. (ie:
Walser Imports and Walser Buick new car showrooms.)
Your cooperation in scheduling this matter before the City
Council meeting on ~Sonday, June 28, 1982 would be appreciated.
Very truly yours,
Wa r Buick, In
Dennis D. Gram
Vice President
•
DDG:es
,`
CITY OF RICHFIELD, PIT?NESOTA
Office of City r~'anager
• Council Letter No. 21G
Agenda June 23, 1932
The Honorable r'ayor
and
i~~embers of the City Council
City of Richfield
Council Members:
Subject: Designation of Official Depositories for 192
There is an item on the June 2~?, 1982 city council agenda
providing for designation of certain savings and loan associations
as official depositories in which the city will be able to invest
funds not exceeding the Federal Insurance Coverage of $100,000.
These investments are made available through the National
Money I~iarket Services, Inc. The National Money Market Services
corporation is a service company with its main office in Santa
Anna, California and a branch office in Kansas City serving the
midwestern area. They research the market daily seeking the
• highest money market rates available. This service is paid by
the depositories with contracts and fee agreements.
The interest rates we can obtain through this service are
one to one and one-half percent higher than the metropolitan area
at the present time. The funds are wired to the various
institutions and the interest is mailed monthly.
It is recommended that the city council adopt the attached
resolution designating official depositories, with the under-
standing that the city would not invest in any of these depos-
itories beyond the level of the insurance coverage.
Respectfully submitted,
,. --(
Karl r?ollenberge.r
City Manager
K?~1/ s kh
cc: Administrative Services Director
Finance Coordinator
RESOLUTION NO.
A RESOLUTION DESIGNATING CERTAIN SAVINGS
AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES
FOR THE INVESTMENT OF CITY FUNDS IN 1982
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota.
WHEREAS, pursuant to r~4innesota Statutes, Sections 475.66 and
118.17, mun icpal funds may be deposited in any Savings and Loan
Association which has its deposits insured by the Federal Savings
and Loan Insurance Corporation, and
WHEREAS, the amount of said deposits may not exceed the Federal
Savings and Loan Insurance Corporation insurance covering such
deposits which insurance amount is presently $100,000, and
WHEREAS, the deposits of City funds in Savings and Loan Assoc-
iations and Banks would provide greater flexibility in the City's
investment program and maximize interest income thereon.
NOW, THEREFORE,. BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, as follows
1. It is hereby found and determined that it is in the best
• interests of the proper management of City funds that
certain Savings and Loan Associations and Banks be des-
ignated as additional depositories for City funds for 1982.
2. The following Savings and Loan Associations and Banks
are hereby designated as additional depositories for
municipal funds:
Southeastern Savings and Loan Association
810 Minnissippi Drive, P.O. Box 559
Waynesboro, Mississippi 39367
Wilmington Savings and Loan Association
100 Avalon Boulevard
Post Office Drawer 1117
Wilmington, California 90748
State Savings
445 N. San Joaquin, P.O. Drawer D
Stockton, California 95201
3. It is further found and determined that the purpose of
such depository designation is to facilitate and proper
advantageous investment of City funds and that such
designation is not exclusive nor does it preclude the
deposit of any City funds in other officially designated
depositories of the City.
4. The Treasurer is hereby authorized to deposit City funds
in any or all of the depositories herein designated up
to the amount of $100,000, or such other amount as may be
subsequently permitted by law, such deposits to be in the
form of demand accounts for Public iTnit Savings Cert'ficates
purchased by the City, payable to the City of Richfi~ld
on the signatures of the City Treasurer. Such deposits
may be made and withdrawn from time to time by the
Treasurer as her best judgement and the interests of
the. City dictates.
5. The investment of funds and the reporting thereof
pursuant to this resolution shall be conducted in
accordance with established policies of the City
regarding the investment of City funds.
Passed by the City Council of the City of Richf field, this
28th day of June, 1982.
•
John Hamilton Mayor
ATTEST:
Sylvia K. Bergh City Clerk
i
~i
•
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 215
Agenda June 28, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Donation to the City by the Richfield
Lions Club
At the June 28, 1982 city council meeting, Mr. Jeff Mueller,
President of the Richfield Lions Club, will be present to
make a donation to the City of Richfield from the annual Lion's
Club pancake breakfast which was held in April of this year
at the Richfield Community Center.
Respectfully submitted,
~~ ,..~,c~Sh
Karl Nollenbe0rger
City DZanager
KN/skh
~ \1 ~
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 214
Agenda June 2~`~, 19:2
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Transitory Ordinance Appropriating T-Ionies
From the Special Revenue Fund
There is an item on the June 2°, 1932 city council agenda
providing for the council to give first reading consideration
to a transitory ordinance appropriating monies from the
Special Revenue Fund. The attached ordinance appropriates
$7,850.19 to complete the Public Safety Ruildinc~ Project.
The monies being appropriated were previously allocated, but
unspent, for the L/H/N Civic Plaza project and the Sheridan
Park projects. Unspent Special Revenue monies are returned
to the Special Revenue fund and are available for reallocation
for other purposes. Addition of these funds to the Public
Safety Building project will permit completion of landscaping
and finishing exterior work around the new Public Safety
Building addition.
It is recommended that the city council give first reading
approval to the attached transitory ordinance.
Respectfully submitted,
Karl Nollenberger
City Tanager
KN/skh
cc: Finance Coordinator
Public Safety Director
TRANSITORY ORDINANCE N0. AN ORDINANCE PROVIDING FOR THE
EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN
CAPITAL IMPROVEMENTS
City of Richfield Does Ordain:
Section 1: It is found and determined to be necessary and expedient
for the City to expend money from the Special Revenue Fund for the
making of Capital Improvements listed in Section 2 hereof, for which
the City would be authorized to issue general obligation bonds.
Section 2: The capital improvements and amounts of expenditures
for such improvements which are authorized to be paid from the
Special Revenue Fund under Section 7.12, Subd. 2 of the City
Charter, are as follows:
Public Safety Building $7,850.19
Section 3: The expenditure herein authorized shall be made pursuant
to such contracts as are authorized from time to time by council
action,
Passed by the City Council of the City of Richfield this
day of
John Hamilton Mayor
ATTEST:
Sylvia K. Bergh City Clerk
•
~ 1~ ~
CITY OF RICHFIELD, MINNESOTA
Office of C ity Manager
Council Letter No. 213
Agenda June 28, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Award of Contract for Parking Lot Construction,
C.P. 778 and C.P. 7056
i
•
At the April 12, 1982 council meeting, the city council
approved construction of the city hall parking lot expansion.
On May 24, the council approved the plans and specifications
for the street improvements related to vacation of the old
65th Street just west of Nicollet Avenue. On June 21, 1982,
bids were opened for C.P. 778, City Hall parking lot expansion,
and C.P. 7056, old 65th Street renovation. The Acting City
Clerk, a representative from the City Manager's office, the
Community Development Director, and the City Engineer were
present at the bid opening. The bid minutes and tabulations are
attached for council review.
The low bid of $35,301.80 was submitted by Valley Paving,
Inc. of Savage, Minnesota. The city hall parking lot portion
of the bid was $6,891.10. The remaining $28,410.70 is for the
old 65th Street improvements.
The council has approved an expenditure of $13,000 for the
parking lot expansion and a fence along the south edge of the
parking lot. The remaining $6,109.90 will be used for fence
construction and engineering costs.
The old 65th Street renovation is a project to be done in
cooperation with Summit Bank. Old 65th Street will become a
portion of the Summit Bank parking lot. As part of the agree-
ment negotiated at the time of the relocation of 65th Street,
the city is responsible for moving the curb and overlaying
old 65th Street. This work is an integral part of the off-street
parking layout approved for Summit Bank. Some of Summit Bank's
parking lot work was included in the contract. Summit Bank
has agreed to reimburse the city an estimated $16,788.20 for
their portion of the work. This leaves the city responsible
for $11,622.50 of costs related to this project. $20,000 of
C.P. 705 funds was set aside to pay for the city's portion of
the project.
Council Letter No. 213 -2- June 28, 1982
The old 65th Street renovations project was originally bid
last fall. The low bid at that time was $36,900, so the bids
were rejected. Combining this project with the city hall
parking lot and the timing of the bids resulted in substantial
savings of over $8,000.
The bank is satisfied with the bid and has signed an agree-
ment to reimburse the city for its cost. The staff recommends
that the city council take the following actions:
1. Accept the bid minutes and tabulations;
2. Award a contract to Valley Paving, Inc. of Savage,
Minnesota for C.P. 778 and C.P. 7056, Parking Lot
Construction, in the amount of $35,301.80.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/skh
cc: Community Development Director
City Engineer
UID `CAI3UI,ATIION SIIL:r'1'
'1'yhe of Work: Parking
Project No.:
Ilid No.: II2-8
Date Opened: June 21,
Date of Council Action:
Lot Construction
1982
June 28, 1982
Present:
Joyce 4Vilcie, City 1`1gr. designee
Betsy ;Christenson, Act'g City Clerk
Dennis I<raf t, Coli~lu. Dvlpt . Director
Mike Eastling, City Engineer
Vendor Bid Security Amount __"___~
Va]_ I ~~y Paving , Inc. 5% $35, 301 .80
Asphalt Paving Materials 5% 37,365.40
Bituminous Roadways, Inc. -5% 37,798.67
C. S. McCrossan, Inc. 5% 38,589.40
Blacktop Service Company 5% 39,783.15
E]ar~drives, Inc. 5% 92,528.55
Alexander Construction 5% 46,894.35
Barber Construction 5% 53,341.70
Northwest Asphalt 5% 54,217.10
Arcgn Construction 5% 56,822.70
•
# l.~
1
CITY OF RICHFIELD, DII~'NESOTA
Office of City ?Tanager
Council Letter No. 212
Agenda June 2t3, 1982
The Honorable Mayor
and
r7embers of the City Council
City of Richfield
Council Members:
Subject: Recodification of Personnel Ordinance
The purpose of this letter is to provide background informa-
tion relating to an item on the June 28, 1982 council agenda
concerning proposed revisions to the personnel ordinance.
Council members may recall that one of the goals of the
Personnel Division this year is to complete a major revision
of the personnel ordinance. The last such revision was made
approximately 13 years ago, and many dramatic changes have
taken place in the field of personnel since that time. Subtle
changes in the nature and composition of the city's workforce
have also taken place in the past several years, making revisions
to the ordinance necessary to ensure that the needs of the
municipal service are addressed.
While the various labor contracts pre-empt the ordinance
in many areas, subjects on which the various contracts are
silent are governed by the personnel ordinance. In addition,
the personnel ordinance contains all terms and conditions of
employment for several employee groups, including the general
service, management and specialized personnel, which are not
covered by the various labor agreements.
The process of revising the ordinance is a major undertaking
and can be broken into three main areas: substantive, language and
placement changes. Substantive changes are necessary in several
areas in order to modernize the ordinance, comply with all
applicable state and federal law, provide a greater degree of
flexibility, and streamline administration of various ordinance
provisions. Language changes are necessary to recognize some of
the unique situations which the city experiences as a public
employer and to clarify any contradictions or ambiguities
previously contained in the ordinance. Lastly, placement chances
are necessary to group provisions of the ordinance together in
a manner which facilitates comprehension of the total ordinance,
and aids the reader in locating all applicable ordinance language
related to any particular subject matter.
_-
I
Council Letter I~?o. 212 -2- June 28, 1982
The major substantive and language changes which are proposed
in the attached ordinance include the following:
1. Definitions - several definitions were either added,
deleted or modified in order for this section to become
current with city practice and applicable state and federal
law.
2. Longevity - the language in this longevity provision has
been amended to clarify that such payments are applicable
only to full-time permanent employees.
3. Overtime - these provisions have been modified to better
coincide with the Minnesota Fair Labor Standards Act and
permit the use of flexible work scheduling where appropriate.
4. Group Insurance - specific limits and types of group
insurance coverages have been omitted from the ordinance
and replaced with language referencing the applicable
state statute.
•
5. Vacation leave - the proposed language establishes a clear
progression of vacation accruals for permanent part-time
employees. Previously, this section was ambiguous.
6. Sick leave - the usage and administration of sick leave
is clarified in the proposed langauge. Also addressed
is the issue of allowable leave for death of an immediate
family member following a serious illness. The essence
is whether or not these events would be treated as one
occurrence or as separate issues. The proposed language
separates the two events.
7. Retirement a e - much of this section was deleted and
replaced with a reference to the Age Discrimination and
Employment Act of 1967 (as amended), inasmuch as it
covers the same subject matter, and takes precedence over
city ordinance.
Many of the changes in the ordinance revision merely delete
unneeded or outdated language in the ordinance and brinq it back
into conformance with applicable state and federal law. In
certain areas of the proposed ordinance, pertinent state and
federal laws are adopted by reference. This eliminates the need
to change the ordinance each time state and/or federal law
regarding personnel issues are changed.
Additionally, whole sections have been moved to more appropriate
sections of the ordinance. Thus the resulting ordinance should be
one which is easier to read and follow.
__
__
Council Letter No. 212 -3- June 2~3, 1982
It is recommended that the city council give first reading
approval to the attached ordinance amendment and schedule the
public hearing and second reading consideration for July 12,
1982.
Respectfully submitted,
i~
Karl Nollenberger
City A'.anager
KN/skh
cc: Administrative Services Director
Personnel Manager
City Attorney
•
r
6-17-82
INDEX TO PERSONNEL CODE AMENDMENTS
RICHFIELD, MINNESOTA
(This index is provided for reference purposes only and is not a
part of the Personnel Code Amendments.)
Ordinance
Section No. Subject Matter Pa a No.
I Amending the general provisions, Section
2.28, by reorganizing the section. 1
II Amending the definitions, Section 2.29,
Subds. 1 through 31, and adding Subds.
32 through 40. 3
III Amending the Position Classification
Plan, Section 2.30, Subds. 1 through 3,
and deleting Subds. 4 through 5. 8
IV Amending Recruitment and Selection,
previous Section 2.31, and combining it
with the previous Appointments and Pro-
bationary Periods, previous Section
2.32, to create a new Section 2.31 on
Selection, Appointments and Probationary
Period. 9
V Amending previous Section 2.32 on Pay
Plan and Compensation Policies by re-
numbering the section under the new
Section 2.32 titled Compensation Plan,
and adding a new Subd. 9 on Group Insur-
ance Provisions and combining parts of
previous Section 2.36, Subds. 1 and 3
under Subd. 10 of the new section. 13
VI Renumbering the Attendance and Leaves
Section 2.34 of the previous code to
Section 2.33 in the new code and making
amendments thereto. 20
VII Deleting previous Code Section 2.35 on
Group Insurance Provisions, which is
now covered under the new Code Section
2.32, Subd. 9. 27
VIII Deleting previous Code Section 2.36 on
Employee Training and Evaluations of
Performance which is now covered under
new Code Section 2.32, Subd. 10. 28
Ordinance
Section No. Subject Matter page No,
IX Creating a new Section 2.34 on Penalties
and Separations by providing a new
section and combining parts of previous
Sections 2.37 and 2.37A, and making
amendments thereto. 29
X Renumbering Appeals and Hearings, Section
2.38 of the previous code, to the new
Code Section 2.35 and making certain
amendments. 32
XI Renumbering Incompatible Activities,
previous Code Section 2.39 of the new
Code Section 2.36 and making certain
amendments. 33
XII Deleting Employees'.Advisory Board,
previous Code Section 2.40. 35
XIII Renumbering Police Officers and Fire-
fighters - PERA Membership, previous
Code Section 2.41, to the new Code
Section 2.37, making technical amend-
ments. 36
2
•
ORDINANCE N0. -
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
RICHFIELD, MINNESOTA, AS FOLLOWS: AMENDING SECTION 2.28 BY
REORGANIZING THE SECTION AND MAKING AMENDMENTS; AMENDING
SECTION 2.29 BY PROVIDING NEW DEFINITIONS; AMENDING SECTION
2.30 BY REORGANIZING THE SECTION AND DELETING SUBDIVISIONS;
AMENDING SECTION 2.31 BY COMBINING IT WITH PREVIOUS CODE
SECTION 2.32 AND REORGANIZING THE TWO SECTIONS AND MAKING
CERTAIN AMENDMENTS; AMENDING PREVIOUS CODE SECTION 2.32 BY
RENUMBERING IT TO NEW CODE SECTION 2.32 AND COMBINING PARTS
OF PREVIOUS CODE SECTION 2.36 MAKING CERTAIN AMENDMENTS AND
ADDING. CERTAIN NEW SUBDIVISIONS; AMENDING PREVIOUS CODE
SECTION 2.34 BY RENUMBERING IT TO NEW CODE SECTION 2.33 AND
MAKING CERTAIN AMENDMENTS THERETO; DELETING PREVIOUS CODE
SECTION 2.35 WHICH IS NOW COVERED BY THE NEW CODE SECTION
2.32, SUED. 9; DELETING PREVIOUS CODE SECTION 2.36 WHICH IS
NOW COVERED UNDER SECTION 2.32, SUBD. 10; CREATING A NEW
SECTION 2.34 AND PROVIDING A NEW SUBDIVISION AND COMBINING
PARTS OF THE PREVIOUS CODE SECTIONS 2.37 AND 2.37A AND
MAKING CERTAIN AMENDMENTS THERETO; RENUMBERING PREVIOUS CODE
SECTION 2.38 TO THE NEW CODE SECTION 2.35 AND MAKING CERTAIN
AMENDMENTS; RENUMBERING SECTION 2.39 TO THE NEW CODE SECTION
2.36 AND MAKING CERTAIN AMENDMENTS; DELETING PREVIOUS CODE
SECTION 2.44; RENUMBERING PREVIOUS CODE SECTION 2.41 TO THE
NEW CODE SECTION 2.37, AND MAKING CERTAIN TECHNICAL AMEND-
MENTS .
City of Richfield Does Ordain:
I. Section 2.28 of the Ordinance Code of the City of Richfield,
Minnesota, is hereby amended to read as follows:
ORDINANCE CODE
CITY OF RICHFIELD, R1INNESO f:~
CHAPTER II
PART III. PERSONNEL - PASi~i9N-EE.ASSfFfEA~IAN;-E8P4PENSA~fBN-ANB-P4ER~~-SiTS~EP4
2.28. GENERAL PROVISIONS.
Subdivision 1. Purpose. It is the purpose of the rules and regulations _
set out in Chapter II, Part III of this code to establish geaera~-perseane~
po~ieies-and-practices a uniform and equitable system of munici al ersonnel
administration for all employees of the City of Richfield.
Snbdc-~---Pe~ice-and-Fire-Em ~egees---~a-the-ease-ef-pe~iee-and-fire-emp~epees;
vrhereder-these-rnies-and-the-rnies-ef-the-peiiee-eitiii-aerviee-eommxssiea;
Hader-~4inneseta-Statutes;-6haptrr-4i9;-er-the-f=re-eivii-sertiiee-eemmissiea;
Hader-P4iaatseta-Statntts;-Ehapter-4P8;-are-ineeasistent-arith-these-rnies-en
matters-ef-emp~eymeat;-premetien;-discharge-and-anspeasien;-sneh-eidi~
serdiee-rnies-sha~~-centre}
Subd. 2. Scope of Rules.
(1) Exempt Positions. Unless otherwise specifically rovided, the
following offices and positions are exempt from these rules and regulations:
elected officials; members of boards and commissions; the city manager; the
city attorney and the health officer.
(2) Provisions
a collective bargain
Employment Labor Rel
shall be exempt from
such agreement. Any
commission establish
such statute or rules and r
Part is intended to modify
Preference Ac_t, Minnesota S
provisions of this Part not
agreements or civil service
to all City of Richfield em
eded in Certain Cases. Any employee inciuded in
cement entered into in accordance with the Public
Act, Minnesota Statutes Sections 179.61 to 179 76
ovis~:on of this Part which is inconsistent with
ee within the jurisdiction of a civil service
r Minnesota Statutes Chapters 44, 419, or 420
ovision of this art which is inconsistent with
egulations adopted thereunder Nothing in this
or supersede any rovision of the Veterans'
tatutes Sections 191.45 to 197.481. All
in conflict with c~ollective~bargaining
rules, regulations and statutes shall amp ly
ployees.
Subd. 3. Charter Authority. The city charter of Richfield, Section 6.02,
Subsection 3, provides that:
"He (the city manager) shall appoint and remove, upon the
basis of merit and fitness and subject to applicable civil
service provisions, if any, the city clerk, all heads of
departments and all subordinate officers and employees in
the departments. Appointment or removal of department heads
shall be made final only upon a majority vote of the council."
Subd. 4. Administration. The city manager is authorized and directed to
administer these rules and regulations. He The manager may issue
administrative directives and instructions, not inconsistent with these
ORDINANCE CODE 2 CtT~r OF RICHFIELD, !111NNES0 fA
rules and regulations, as necessary to explain and clarify the provisions
thereof, and to facilitate their use. He The manager may appoint a
personnel director;-er-designate-an-assistant;-to-assist-him-in-the
administration-ef-these-rnies-and-regniatiens-and-te-perform;-ender-his
s~cpcrvisien; manager and delegate to him the administration of these
rules and regulations and any other personnel functions which the city
manager is authorized to perform.
Subd--5---Exempt-pesitiens---i~niess-ether+~ise-speeifieaffq-provided;-the
fe~~eaing-offices-and-pesitiens-are-exempt-from-these-rn~es-and-rega~ations-
efeeted-effieiafs;-members-ef-boards-and-commissions;-the-eitq-manager;-thc
eitq-atterneq-and-the-heath-officer-
Snbdr-6---haber-Eentraets---Eontraets=entered-into-pnrsaant-te-the-Btsbfie
Empfegment-haber-Refatians-Aet-ef-i9~i;-as-.amended;-bete~een-the-citq-and
the-exefr~s=ve-representative-ef-emp~egees-in-an-appropriate-bargaining-unit
chaff-be-impfemented-bq-eoesneif-resofntion:--Aff-~aatters-refaing-te-the
terms-and-conditions-ef-emp~egment-of-emp~egees-in-an-appropriate-snit-te
~-kieh-seek-eentraet-and-resefntien-relate-are-governed-bq-the-terms-ef-the
eentraet-and-resefntiea-and-net-bq-the-previsions-ef-this-Part---Aff-ether
previsions-ef-this-Part-app~q-te-emp~egees-ef-the-appropriate-bargaining
Waits---~Biii-Ne--i9~4-5}--4fBBf~4
II. Section 2.29 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended and new provisions added to read as follows:
2.29 DEFINITIONS.
Snbdivisien-i---Administrative-Persenaei---For-the-pnrpeses-ef-this-chapter
the-fe~~earing-named-pesitiens-sha~~-eenstitnte-the-department-heads-
Bireeter-ef-Administrative-Services
Bireeter-ef-Pab~ie-Safetq
Bireeter-ef-Eemmnnitq-Services
Bireeter-ef-Eemmanitq-Bevefepment
Eitq-Atterneq
ISigner-Store-)!4anager
~Biii-i9~4-zip-i8f9f~9
•
Subd. 2 1. "Allocation" refers-te-the-act-of-assigning-a-position-te-its
appropriate-e~ass-based-en-the-duties-performed- means the assignment of
a position to an appropriate class on the basis of the nature, difficulty,
and responsibility of the work performed in the position.
Subd. 2. "Benefits" means privileges granted to officers, em loyees, and
their dependents, as part of a total com ensation package, including but not
limited to, vacation leave, sick leave, holiday leave, military leave, or an
and all insurance pay.
Subd. 3. "Bi-weekly" means once every two weeks.
ORDINANCE CODE
3 CIT`r OF RICHFIELD, h91NNES~J fA
Subd. 3 4. "Class" or "Class of Positions" means a group of one or more
positions sufficiently similar with respect to their duties and responsibilities
that {aj the same descriptive title can-reasenab~e-be-used-te-designate-each
pesitien-in-the-e~ass;-{b~-snbstanttaffq-the-same-tests-ef-fitness-maq-be-used;
{e~-snbstant=affq-the-same-gnaiifieatiens-maq-be-regniredy-and-{d~-the-name
sehednfe-ef-eempensatien-maq-be-made-te-appfq-kith-egnitq- may be used with
clarity to designate each osition allocated to the class, that the same
general qualifications are needed for performance of duties of the class,
that the same tests of fitness may be used to recruit employees, and that
the same schedule. of pay can be applied fairly to all ositions in
tha rlacs_
Sghd. 4 5. "Class specification" means a formal written statement which is
descriptive, but not restrictive, of a class consisting of a title, a
definition, illustrative example of duties work performedi and the qualifications,
knowledge, skills and abilities that are necessary or desirable for the
satisfactory performance of duties within the class and-empiegment-standards-
Subd. 5 6. "Classification plan" means an orderly plan under which positions,
on the basis of duties and responsibilities, are grouped into classes, each
class designated by a description title and defined by a class specification.
Subd. 7. "Continuous service" means the total amount of uninterru ted full-time
permanent employment with the city, including any unpaid leaves of absence of
less than thirty daps duration. Continuous service begins the first day
of full-time probationary employment if the em loyee will be eligible for a
full-time permanent appointment upon satisfactory completion. of the probationary
eriod.
Subd. 8. "Day'° means calendar day, except where otherwise specified
Subd. 6 9. "Demotion" means the me~remeat-ef-an-emp~eyee change of an employee's
status to either a class having a lower paq-grade maximum salary range or to
a lower step in-his-existing-paq-grade- or position within that employee's
current class salary range.
Subd. 10. "De artment" means any of the following- Administrative Services
Community Development, Community Services, Liquor Operations, and Public
Safety
Subd. 11. "Department head" means any of the following- Administrative
Services Director, Community Development Director, Community Services
Director, Liquor Operations Director and Public Safety Director.
Subd. 12. "Division" means an administrative or operating unit contained
within one of the five departments of the city. Divisions are functional
areas of work responsibility, such as but not limited to fire or olice
services, engineering, street maintenance, ersonnel, or finance.
Subd. 13. "Division head" means any individual res onsible for the o eration
of a division as defined in this section. Division heads include but are not
limited to positions such as Assistant Fire Chief, City Engineer, Maintenance
Superintendent, Personnel Manager, or Finance Coordinator
ORDINANCE CODE
4 CIT`( OF RICHFIELD, ?111NNES~J fA
Subd. ~ 14. "Employee" means a person legally holding a position in the
city service.
Subd. 15. "Full-time em to
to work eighty hours uer bi
Subd. 16. "Managerial
under the_Management P
lee" means an
loyee who is
eriod.
roe" means an employee classified
arly scheduled
and compensated
Subd--8---ulndnetien~-means-all-aetieas-to#en-bq-the-eitq-te-examine;-test
and-evalaate-applieants-fer-positions-a+ithin-the-eitq-serdiee---lndnetien
begins-at-the-time-an-applieant-files-his-applieatien-and-ends-when-the
prebatienarq-period-has-been-eempletedc
Subd. 17. "Original appointment" means the initial entry into robationary
status in the. city service.
Subd. 18. "Outside employment" means employment of any kind engaged in by
a city employee for which compensation is received from a source other than
the city.
Subd. 19. "Part-time employee" means. an employee who is scheduled to work on
a regular and recurring schedule of less than eighty hours in a bi-weekly
payroll period.
Subd. 20. "Part-time permanent employee" means an employee scheduled to work
between forty and seventy-nine hours per bi-weekly ay eriod, on a regularly
scheduled basis throughout the year. Part-time permanent employees have no
specified end of employment date and are eligible for selected prorated city
benefits, including vacation leave, sick leave and holidav leave.
6nbd--ii---vPaq-gradeu-means-the-miaimnm-and-~aaximnm-paq-rates;-together-arith
intermediate-rates;-arhieh-are-established-fer-eaeh'elass-
Subd. ~B 21. "Pay plan" means a schedule of pay, grades in bi-weekly rates
for eaeh all position classes within the city service.
Subd. 22. Permanent employee" means either a full-time employee or a part-time
employee who works a minimum of forty hours per bi-weekly payroll period
on a regular basis throughout the year, and who has com leted a designated
probationary period. Permanent em loyees have no definite end of em loyment
date.
6nbd--lP---uPcrmanent-frsll-time-emplegee--means-an-emplegee-~ahe-has-eempleted
his-designated-prebatienarq-period-and-e~he-eeetspies-a-permanent-fall-time
position-
Snbdr-}3r--uPermanent-fnll-time-pesitienu-means-a-group-ef-duties-and
responsibilities-requiring-the-fall-time-employment-of-ene-person-fer-49-er
mere-hens -per-e~eek-oa-a-regular-sehednle-throughout-the-gear-
ORDINANCE CODE 5 C1T`f OF r~ICHFiELD, MINNESO fA
Subd--i4---vPermanent-part-time-empieyeeu-~neana-an-empieyee-~ahe-has-eempieted
his-designated-prebatienarp-period-aad-e~he-occupies-a-permanent-part-time
position-
Snbd--}5---uPermanent-part-time-pasitieau-means-a-greap-ef-duties-aad-respen-
sibi}itiea-requiring-tke-part-tame-empfe}-meat-of-ene-person-for-at-}east
~8-bat-}ess-than-49-hears-per-a~ee#-en-a-regn}ar-sehedn}e-throughout-the-pour-
Subd.
Ordinance Code and who is under the direction of the city manager
Subd. }6 25. "Probationary employee" means a-need}p-appeiated an employee
who has not completed has a designated probationary period for the position
he currently occupies- , whether it is an original appointment or one obtained
by promotion or transfer. During such period he the employee may be separated
from the-service that position. without recourse to appeal.
Subd. }~ 26. "Probationary period" means a trial period, obtained by original
~pointment, by promotion, or by transfer, which is considered as an integral
part of the xndnetien selection process, during which a-nea an employee is
required to demonstrate his fitness for the position prior to receiving a
permanent appointment.
Subd--f8---uPremeted-prebatienarp-emp}epeeu-means-an-emp}epee-arho-has-net
een~p}eted-his-prebatienarp-period-for-his-nero~-position-and-who-retains-his
permanent-statrss-in-his-former-position-daring-this-prebatienarp-period-
Subd. }9 27. "Promotion" means movement of an employee from a position in
one class to a position in another class having a higher maximum salary
rate.
Subd--~8---uPrometiona}-prebatienarp-periodu-means-a-tria}-period-far-a
promoted-emp}epee-daring-a-hieh-he-is-required-te-demonstrate-his-fitness-for
kis-nea--position-prier-te-receiving-a-permanent-appointment-te-the-position-
Subd. ~} 28. "Provisional appointment" means an appointment made for a
limited period of time in a class for which examinations are ordinarily given
and for which appropriate employment lists are not currently available.
Subd--~~---uRee}assifieatienu-means-the-movement-of-an-emp}epee-te-a
different-e}ass-because-ef-a-change-in-duties-and-respensibi}ities-
Subd. 29. "Re-allocation" means a reass
position by raising it to a higher class
class, or moving it to another class at
significant changes in the
performed in such position.
ORDINANCE CODE
nature, difficulty, or res onsibility of the work
6 CiT`{ OF RICHFIELD, !111NNESrJ ~A
t or change in allocation of a
ducing it to a lower
same level, on the basis of
Subd. 24. "Position" means a group of duties and res onsibilities assigned
or delegated by com etent authority, and requiring the em loyment of one
erson.
•
•
Subd. ~3 30. "Reinstatement" means the reappointment without utilization
of a probationary period for a former employee who resigned in good standing
from the city service.
d to a
C P!~
won length of service and satisfactory performance of the duties and
responsibzlit~.es of the position.
Subd. 33. "Seasonal employee" means either a full-time or a art-time em Ioyee
who works for a period not to exceed ten months during any consecutive twelve-
month period. Seasonal em loyees have a definite end of em loyment date insofar
as the duration of employment is determined by the end of a specific program
--__
or season. Seasonal a loyees are not eligible for-city benefits.
Subd. ~5 34. "Shift employees" means an employee who occupies a permanent
full-time position which requires work on a regular schedule at any period
during the 24 hours of a day and~on any day during the week.
Subd. 35. "
significant
visor" means an individual whose osi
t of time spent directing the work of
a_
es.
Subd. ~6 36. "Suspension" means the temporary removal with or without pay
of an employee from his a designated position.
Subd, ~~ 37. "Temporary employee" means an-empfegee-a-he-eeeapies-a-temporary
er-seasena~-position- either a full-time or a part-time employee who has been
appointed to a position having a definite end of em loyment date
Sesbd--~8---u~emperarq-positienu-means-a-grenp-ef-dn~ies-and-respensib=fides
regesiring-#rhe-~emperary-er-seasenai-empiegment-of-ene-person-en-either-a
fn~i-er-part-dime-basis-
Subd. z9 38. "Termination" means a complete separation from municipal employ-
ment resulting from discharge, resignation, retirement or .death. _
Subd. 39 39. "Transfer" means the horizon~.al movement of an employee te-either
a-different--department-er-didisien from one city position to another within the same
pay grade, but not necessarily the same class.
Snbd--3fr--u~ransfer-prebabienarq-peried~-means-a-~riai-period-for-a-transferred
empiegee-daring-tthieh-he-is-required-~e-demens~rate-his-fitness-for-his-nea
pesi~ien-prier-ee-reeeiding-a-permanent-appeintmen~-~e-tke-pesitien-
ORDINANCE CODE
7 CITY OF RICHFIELD, (191NNES0 fry
Subd. ~~+ 31. "Restoration" means the return of a promoted probationary
employee to his former position either during or at the completion of
his promotional probationary period.
Subd. 40. "Work group" means two or more em loyees ass
within the city service who normally share common work
responsibilities and supervision on an ongoing basis
to a division
III. Section 2.30 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
2.30 POSITION CLASSIFICATION PLAN.
Subdivision 1. Establishment of Plan. The city manager shall establish and
mai-stain a position classification plan to consist of class titles and class
specifications. ..
Subd. 2. Administration. The classification plan shall be administered and
maintained by the city manager and employees shall be allocated or reallocated
by him to classes which best describe their duties on the basis of criteria
established in the class specifications. the-eitq-manager-sha}}-make-amendments
and-revisions-in-the-plan-frem-time-te-time-te-provide-far-new-positions-sad
changing-eeaditiena-
Subd. 3. E}ass-fit}e---the-effieia}-e}ass-titles-sha}}-be-need-is-a}}
persenne};-aeeennting;-budget-and-flannels}-reeerds---However;-tit}es-need
in-the-eenrse-of-departments}-routine-te-indicate-antheritq;-status-in-the
erganizatien-er-administrative-rank-maq-be-used-for-operating-purposes---Ne
person-sha}}-be-appointed-te-er-amp}aged-in-a-position-in-the-eitq-service
under-s-tit}e-set-ins}nded-in-the-e}assifieatien-piano
Subd. 3. Filing of C
cation plan shall be
ssification Plan. A current co
aced on file with the city cler
the classifi-
Snbd--kr--interpretation-ef-E}ass-Speeifieatiens--~B}ass-speeifieatiens-are
te-be-interpreted-in-their-entiretq-in-re}atien-te-ethers-ia-the-a}assifi-
eatien-p}an---A-deseriptien-ef-certain-dnties-sha}~-net-be-interpreted-te-
exe}ado-ethers-net-mentioned-that-are-ef-simi}ar-kind-and-}eve}---Qna}ifi-
eatiena-e~epeeted-ef-a}}-inenmbents-ef-positions-{sneh-aa-a-va}id-driverts
}ieense-if-the-position-requires-driving;-geed-phgsiea}-eenditiea;-freedom
from-disab}ing-defects.-which-the-eitq-manager-finds-wen}d-adverse}q-affect
~-ark-perfermanees;-henestq;-sebrietp;-eenrtesq;-and-indnstrq~-shah -be-deemed
to-be-implied-in-the-qua}ifieatiea-rcgniremeats-ef-cash-e}ass-even-though
net-speeifiea}}q-mentioned-in-tke-e}ass-speeifieatiea-
Snbd--S---Ree}assifieatien---A-request-for-roe}assifieatien-te-s-higher
e}assifieatien-maq-be-initiated-bq-an-amp}ogee-er-bq-his-supervisor---Snob
requests-map-be-initiated-if-it-is-fe}t-that-the-existing-e}assifieatien-deer
not-reasenab}q-describe-the-dnties-and-respensibi}sties-ef-work-aetna}}q
bc4ng-performed---5nek-requests-for-see}assifieatien-is-eenaidered-te-be-lnsti-
ficd---The-request-sha}}-first-be-sr~bmittcd-te-the-daps-rtment-head-who-sha}}
forward-the-request-a}eng-with-his-reeemmendatien-te-the°eitq-manager---The
eitq-manager-sha}~-eendnet-snob-investigation-as-he-deems-proper-and-sha}}
then-approve-er-denp-the-request-
ORDINANCE CODE
$ C!T`t OF RICHFIELD, !111NNES~J fin
tes
Stsbdr-6---Pi}ing-ef-6}assifieatien-P}an---A-current-eepq-ef-the-a}assifieatien
p}an-sha}}-be-p}aced-en-fi}e-with-the-eitq-a}erkz
IV. Section 2.31 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
2.31 REBRH}~P4EN~-ANB SELECTION, APPOINTMENTS & PROBATIONARY PERIODS.
Subdivision 1. Genera} Selection. The basic recruitment and selection policies
of the City of Richfield are to take whatever measures as are necessary to seek
out and to encourage properly qualified individuals to apply for positions at all
levels of the city service. and-te-provide-assurance-that-the-best-qua}ified
applicants-are-proper}q-inducted-into-the-eitq-service---the-preeedares-ent-
}ined-herein-sha}}-app}q-to-8}}-persons-who-wish-te-obtain-emp}eyment-with-the
Eitq-ef-Riehfie~d-eaeept-former-eitq-emp}ogees-arhe-maq-be-re-emploged-through
the-reinstatement-process-and-emp}ogees-who-are-snbJeet-to-the-rn}es-of-the
pe}ice-and-fire-eivi}-service-eemmissiensc
Sabd--z~r--E}igibi}itq-te-Gempete---Getrtpetitiea-for-positions-in-the-eitq
service-sha}}-be-open-te-a}}-$pp}ieants-who-meet-the-qua}ifieatiens-estab-
}ished-for-the-e}ass-ef-position-for-which-app}ieatien-.is-made---Ne-person
sha}}-in-anq-wag-be-fadered-er-diserimiaated-against-because-ef-race;-sex-er
pe}itiea}-er-re}igieas-epinieas-er-aff=}iatiensc
• I Sabd--3---App}ieatiena---Applications-sha}}-be-~Cept-en-fi}e-for-two-gears
fe}}owing-the-date-ef-their-submission-te-the-eitp-
Sabd--4- (1) Examination Methods. In making a selection from among candidates
to fill city vacancies, the city manager maq-use-written;-era}-or-performance
tests;-aa-ova}~eatien-ef-training-and-experience;-er-anq-combination-ef-these-
}ndestigatiens-of-background;-character;-persona}itq;-education;-experience-er
phgsiea}-fitness-sha}}-a}se-be-mandaterq---the-aeeessitq;-extent.-and-success
criteria-of-anq-and-a}}-teats-sha}}-be-determined-bq-the-eitq-manager- shall
use selection processes relating to those matters which fairl test the ca acity
and fitness of the candidate to discharge effectively the duties and responsi-
bilities of the position_(s) for which the selection processes are held.
(2) Vacancies. Application to compete for a position vacancy must be
filed in the manner prescribed by the city manager. All vacancies for
permanent positions will be Hosted for at least five working davs_
(3) Eligibility to Compete. The city manager shall determine the
~propriate selection process to use for each position vacancy, whether
it be open competitive or promotional in nature. 0 en competitive rocesses
are_ open to ali 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 o en to current
city employees who meet the 'ob-related selection criteria described in
the job announcement.
ORDINANCE CODE
CIT`~ OF RICHFIELD, MINNESO ~~~
Snbdz-5r--Eiigibiii~y-hists---Eiigibiii~p-}fists-sha}}-be-estab}fished-for-a}}
positions-that-require-the-sneeessfni-eemp}etfen-of-any-written-er-era}-tests
te-determine-an-app}ieantis-petentia~-fer-city-emp~eymentz--App}ieants-a~ko
sneeessfn}}y-eemp}etc-tests-fer-a-position-shaii-be-p}seed-on-an-a}igibi}ity
list---App}ieants-shai}-be-removed-f rem-an-a}igibi}ity-}fish-e~hen-{a~-an-ap-
p~ieant-is-appoirated-ta-a-city-position;-er-{b~-an-app}leant-is-reJeetcd-by
a}}-appropriate-department-heads;-er-{e~-an-app}leant-requests-that-his-name
be-removed;-er-{d3-an-appiieant-is-not-appointed-ta-a-position-within-tape
years-after-tke-p}see-ef-his-name-ea-an-a}igibi~ity-}fist-
~-3~---APFBiN~P4EN~5-ANB-PRABA~£9NARy-PER£ABS-
Subdivision i 2. Appointments. Procedure. Peiiee-and-fire-personae}-ska}}-be
appointed-by-the-eity-manager-in-aeeerdasee-roaith-rn}es-ef-the-pe}lee-and
fire-eivii-service-commissions- A_11 appointments to the munici al service
shall be made by the city manager or a city officer to whom he has designated
authority. 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 city .council approval in accordance with Section 6.02, Subsection
3 of the city-charter-ef Richfield City Charter. All other appointments to
positions in the municipal service shall be made by the. city manager after re-
ceiving the recommendation of the appropriate department head. the-city
manager-may-fi}}-a-posit=on-eaeaney-by-transfer;-demotion;-promotion;-origins}
appeiatment-er-provisional-appointmentr and shall be in accordance with the
rules of the Fire and Police.Civil Service Commissions where ap licable
Snbdz-z~---~ransferr--the-eity-manager-may-transfer-any-permanent-or-preba-
tionary-emp}eyee-from-one-position-te-another-pesibien-in-the-same-e}ass-er
from-a-position-in-one-e}ass-ta-a-position-in-another-re}aced-e}ass-in-the
same-pay-grade-
Snbd--3---~einntary-Bemetien---An-emp}eyee-arhe-becomes-physics}iy-er-meats}}y
ineapaeitied-fer-the-performance-ef-the-duties-and-respensibi}hies-ef-his
position;-er-wke-may-a+ish-to-de-se-fer-other-persona}-reasons;-may-request
demotion-to-a-pes=Lien-in-a-}ea-er-eiass---Sneh-demetiea-may-be-permitted-open
appreea}-ef-the-eity-manager-
Snbd--4c--Promotion---Netiee-ef-t-aeaneies-avi}}-be-pasted-in-$}}-app}ieab}e
departments-at-}east-fide-days-prior-to-fi}}=rag-vaeaneies-so-that-a}}-em-
p}eyees-ache-may-be-a}igib}e-a~i}}-be-aa-are-ef-promotions}-eppertnnities---An
empieyee-mast-possess-the-qua}ifieatiens-necessary-fer-the-promotion-te-tahieh
he-seeks-premetiea---the-eity-manager-sha}}-be-respansib}e-fer-determining
avhether-an-empieyee-possess-the-necessary-qua}ifieatiens-fer-promotion-te
ORDINANCE CODE lp CLT`t OF RICHFIELD, h11NNES0 to
a-partieniar-pesi~ien---Appropriate-~es~s-as-set-fer~h-in-Ehapter-~-3i;
Snbdiviaien-4;-Examination-P4e~heds;-maq-be-given-fie-aid-in-this-de~ermina~ien.
Whenever-reasenabiq-possible;-vacancies-in-the-ei~q-sereiee-ahaii-be-fined
bq-preme~ien-ef-permaneat-empiegees---Where-eandida~es-for-promotion-are
egnaiiq-gnaiifted;-the-ei~q-manager-sha h-give-eeasideratien-~e-ieagth-ef
service-in-making-the-appeintmentc
•
Sabd--5- (1) Original Appointment. An original appointment shall be made by
the city manager from among the efigibfes-f rem-the-appropriate-iis~ qualified
eligible applicants who indicate a willingness to accept the position.
(2) Transfer. The city manager may transfer any em loyee from one
position to ano~.her position in the same class or from a position in one
class to a position in another related class in the same salary range
(3) Demotion. The city manager may demote an a loyee who becomes
physically or mentally Inca acitated and 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 osition
in a lower class if the em loyee is qualified to erform the duties of such
position.
(4) Promotion. Whenever reasonably possible, the. city 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 of promotional opportunities. Where candidates for romotion
are equally qualified, the city manager shall give consideration to the candidates
length of service.
Snbdz-6- (5) Provisional Appointment. Provisional appointments may be made by the
city manager only to prevent the stoppage of public business or inconvenience
to the public. A provisional appointment shall terminate (a) by action
of the city manager er-{bpi by expiration of the period during which any
such appointment is limited by civil service or any other laws or {e~ by
the effective date of a regular appointment to the position.
(6) Reinstatement.. The city manager may reinstate any em loyee who has
left city employment in good standing if such action is in the best interests of
.the municipal service. Upon etition of the reinstated employee, the city
manager may restore to such em loyee all or any ortion of any unused
leave benefit accrued during previous em loyment in the munici al 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.
Subd. ~ 3. Residency Requirement. Police and fire protection personnel
employed by the city shall be required to meet such residency requirements
as"shall be established by their respective civil service commissions. There
are no residency requirements for other municipal employees covered by
Chapter II, Part II of this code.
ORDINANCE CODE
11 CIT`t OF RICHFIELD, !~41NNES0 fA
Subd. 8 4. Appointment and Placement of Relatives. Relatives closer than
second cousins by blood or by marriage will not be employed in the same
work group- (Ptnormally a work group will be defined as a department division},
fin-some-instances-a-divtsien-er-distinct-and-separate-section-mith=n-$
didisien-maq-be-cans=dared-as-a-work-grenp---Emplogees-wiii-net-be-pfaeed-in
a-work-grenp-ia-a~hieh-a-relative-viii-exercise-anperdiaion-etler-the-empfegee- ~
Alf-decisions-en-the-definitions-ef-aerk-grenps-and-the-definition-ef-a-reiati~re
=a-snperdiser---re~atide-re~atienships-a~i}}-be-made-bp-the-eitq-manager-
Flhereeer-pessibfe;-the-eitq-manager-shaff-adeid-the-appointment-ef-a-spense
er-a-re~atide-ef-anq-eitq-officio}r provided, however, that s ouses may be
employed in the same work group, so long as no employee will be placed in
a work group in which a spouse will exercise su ervision over the employee
All decisions on the specific determination of what may constitute a work
group and/or supervisor-s ouse relationship shall be made by the city
manager.
Subd. 9 5. Probationary Periods. All original, promotional and transfer
appointments in the city service shall be subject to the serving of a pro-
bationary period. wkieh-shall-be-considered-a-part-of-the-examining-process-
The probationary period shall be regarded as an integral part of the examin-
ation process and shall be utilized for observing the employee's work,
for assisting in the ad ustment of the employee to his position and
for rejecting any employee whose erformance does not meet the required
performance standards. '
Subd. ~8z (1) Length of Probationary Period. The length of the probationary
period shall be six months except for police men-and-administrative;-teehnieaf
and-prefessiena~ officers and management personnel, where-the-prebatienarq
period-shaff-be-one-year- w_h_o shall serve a one-year probationary period
The probationary eriod may be extended once with the approval of the city
manager for a period not to exceed an additional six months, provided such
extension as not in conflict with rovisions of applicable Civil Service
Rules and Regulations or collective bargaining agreements
8nbd--~~- (2) Removal of Probationary Employees. A probationary employee may
be removed from his position at any time during the probationary period after
receiving the recommendation of the department head, by the city manager. A
probationary employee who has been removed shall be notified of the reasons
for the action, but the decision of the city manager shall be final. .
6nbdr-~~- (3) Status During Promotional and Transfer Probationary Period.
During a promotional or transfer probationary period, a promoted or transferred
probationary employee shall retain his status as a permanent employee, and may
be restored to his former or a similar position if fad his performance is
unsatisfactory in his new position or fb~ he requests to be restored
to his former or a similar position and such vacancy exists. This may be done
either during or at the completion of his promotional or transfer probationary
period. After a permanent appointment is received in his new position, the
promoted or transferred employee loses all rights to hi-s former position. If
an employee is restored to his former or a similar position because of unsatis-
factory performance, he shall he notified-ef provided with the reasons for the
action and shall have the right to appeal in accordance with Section 2.335 of
this code. -
ORDINANCE CODE 12 CiT`t OF RICHFIELD, h11NNES0 (A
•
•
9sbd--~3o (4) Conditions of Permanent Appointment. An originally
appointed, promoted or transferred employee will receive a permanent appointment
to his new position upon {a) the successful completion of this probationary
period, {b~ the favorable written recommendation of his department head and
{e~ the approval of the city manager.
ty
give appropriate
an
stew or range of
(1) Maintenance of equitable relationship between classes,
based on their relative duties and responsibilities.
(2) The general level of rates in the appropriate labor
markets for comparable work under similar conditions.
(3) Current recruitment and retention experience.
Ssbdo-ZO--Eentent-ef-Pap-P}an-Rese}ttt=ono--phis-paq-p}an-rose}stien-sha}}
contain-the-assignment-ef-e}asses-to-paq-grades;-the-number-of-steps-in-each
grade;-the-bi-aree~e}q-rates-in-each-grade;-the-method-ef-norms}-pregressiea
threagh-the-paq-grade-and-the-a~erk-week-in-hesrs-for-each-e}ass-
Subd. 3 2. Total Compensation. The rates of pay set forth in the pay plan are
for full-time employment and represent the total salary compensation in every
form except as otherwise provided in this subdivision. The pay rate in the
basic schedule of salary grades shall not be considered to include allowances
for authorized travel or other expenses incurred in city business or allowances
made to employees for the official use of personally-owned automotive equipment.
ORDINANCE CODE
13 C1T`1 OF RICHFIELD, h11NNES0 fn
Sabdc-}4o--Reinstatemento--As-a-genera}-rs}e;-anp-emp}epee-e~he-has-resigned
from-the-eitq-service-and-ache-is-}ater-reappointed-Sri}}-be-considered-as-a
neev-emp}ogee-with-ne-aeersed-rights;-prier}egos-er-benefits-with-a}}-each .
benefits-haling-been-canoe}}ed-when-an-emp}epee-}ea~res-the-eitp-serfrieeo--the
eitq-manager-maq;-however;-ia-susses}-eiresmstanees-and-parties}sr}p-in-the
ease-ef-snpere-iserq-persenne};-reinstate-an-emp}ogee-to-anp-position-which
ee}}}-be-in-the-best-iaterests-ef-the-eitp-a~reieeo--Reinstatement-ef-emp}epees
she-have-been-en-mi}=tarp-}ease-is-regs}ated-bq-P4inneseta-6tatstes;
Section-}9;?0~6- -
V. Section 2.32 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
2.332. PA3E•-PEAK-ANB-COMPENSATION PAhfEiES PLAN.
Subdivision 1. Establishment of Plan. There shall be .at all times a paq co e
plan for all classes of positions included in the classification plan. Such pl
shall be established, and from time to time amended, by city council resolution
upon the receipt of recommendations from the city manager. The compensation
the following factors:
Subd. 43. Special Fees. Total compensation and other authorized pay increments
shall be in lieu of any special fees or form of compensation which an employee
or officer may receive or be authorized by law to collect. Such fees or other
compensation shall be paid to the finance-director city in full. Any city
officer or employee who shall fail to pay over to the finance-director city
any such fees or other compensation as described herein shall be guilty of
a misdemeanor.
Subd. 5 4. Deductions. The employer shall make deductions from the em loyees'~
pay as mandated by law. In addition, any em loyee may designate additional
deductions from his pay for any pu oses authorized by the em loyer
Subd--S---Bednetiens---Anq-emp}ogee-maq-antherize-dednetiens-fre~n-his-paq-for
the-fe}}earing-pnrpeses---{a3-8itq-emp~egee-grenp-inseranee;-{b~-savings
bends;-{e~-Hnited-Fnnd;-{d~-emp}ogee-organization-does-and-fees;-{e3-emp}ogee
credit-nnien;-and-{f~-assignment-and-additiena}-withhe}dings-
Subd. 6 5. Compensation Period. All employees in the municipal service shall
be paid everq-second-Fridaq bi-weekly. In the event that pay day falls on a
holiday, the pay day will be on the preceding work day. Pay checks shall not
be issued other than on regular pay days. Emp}ogees-n~aq-regaest-and-receive
vacation-advances-bq-appropriate-app}ieatien-te-the-finance-director-
Subd. r' 6. Part-time Employment.
the established work week shall be
appropriate-bi-week}q-rate- the ho
for each hour worked (1/80th in th
An employee who works a fixed proportion of
paid that-proportionate-part-at-the
.rly equivalent of the bi-weekly rate
case of a fo
week).
Sabd--8---intermittent-and-Henr}y-E }epmentc--ia-those-eases-where-a-person
is-efipieged-in-a-a}$ss-en-an-intermittent-basis;-the-en~p}ogee-sha}}}-be-paid
the-hear}q-egnrvaient-{~f88th-in-the-ease-of-a-4A-hear-a-erk-weeie~-ef-the
appropriate-bi-e+eeit}q-rate-for-each-hear-aeri~eds
Subd. 9 7. Pte' Plan Administration. The city manager shall be responsible for
administering the pay plan according to the following provisions:
(1) Beginning Salary Rate. The beginning rate for a new employee
normally will be the minimum rate in the established grade for his
classification. In unusual situations, a pay rate above the minimum
may be authorized to- {a~ meet difficult recruiting problemsi er to obtain a
person with markedly superior qualifications; {b3i to correct salary inequities
eri to give. credit for prior service;i or {e~ to recognize outstanding performance.
(2) Method for Within Range Salary Increases. After appointment or
promotion an employee shall be eligible for advancement through his respective
pay grade based on the method of normal progression through the pay grade as
specified in the pay plan resolution. Temporary and part. time employees may
accumulate time toward regular pay increase eligibility, provided that in any
case of interim separation not more than six months shill have elapsed.
{i9~9-35~--if~5f~}
ORDINANCE CODE
14 CIT`t OF RICHFIELD, i~91NNES0 fA
•
(3) Requirements for Pay Increases. For each employee to become eligible
for an increase in pay, the department head under whom the employee works
shall file a written statement with the city manager at least twenty days
prior to the increase date stating his opinion as to the manner in which the
employee has performed his assigned duties since the original appointment or
last adtlanee•increase in pay and his recommendation as to whether the employee
should be granted or denied an advance increase in pay. If the employee's work
has been properly and diligently performed, has been satisfactory in light of
the length of service in the position and has shown the improvement normally to"
be expected with increasing periods of service and other factors considered rel-
evant to employment, the department head shall recommend that the employee be
granted the next regular increase in pay. If, in the judgment of the depart-
went head, the employee's work has been below the standards that are expected,
he shall recommend that no increase b~ granted.. The city .manager shall auth-
orize or deny pay increases for municipal employees as recommended by depart-
ment heads, unless in his opinion and based on supporting information, the
recommendation is unsound. In those cases where a department head recommends
that an employee be denied an increase in pay, the department head shall notify
the employee in writing of the recommended action., including the reasons
therefor, at the same time he notifies the city manager.
(4) Date for Salary Increase. Scheduled pay increases shall be made
effective at the beginning of the pay period during which the required
qualifying service and compliance with the other conditions of eligibility
set forth in the preceding paragraphs (2) and (3) are completed.
(S) Merit Pay Adjustments. In unusual situations and upon written
recommendation of a department head that an employee has performed except-
ionally outstanding service, the city manager may grant a merit pay increase.
(6) Demotion Pay. Upon demotion, an employee normally shall receive a
one-step decrease in pay. However, it shall be the responsibility of the
city manager in each instance to determine the amount of pay decrease, if
any, upon demotion of an employee.
(7) Transfer Pay. When an employee is transferred to a position in
another class, which class is assigned to the same pay grade as the employee's
former class, he shall be entitled to the corresponding step in the grade of
the class to which he transfers.
(8) Promotion Pay. Upon promotion, an employee normally shall be placed in
the first step on his the new pay grade;_ exeep~-that-=n-eases-arhere-the-f=rst-step
aenfd-nee-be-a-ene-step-paq-increase-the-preme~ed-empfegee-chaff-be-pfaeed
in-sneh-step-in-the-new-paq-grade-as-maq-be-necessary-be-give-a-ene-step
=nerease---Hpen-eempfetien-ef-one-gearts-serdiee-the-pretlisrens-ef-paragraphs
{'z~-and-{3~-skaff-appfq-te-the-premeted-empfogec- In situations involving the
management pay plan, or in the event the city manager determines that the
employee's current rate of pay or other compensation makes such placement
disadvantageous to the promoted employee, the city manager may determine a
rate of pay within the appropriate pay grade.
ORDINANCE CODE 15 C1T`f OF r~ICHF1ElD, !<11NNESO IA
(9) Reclassification Pay. Upon reclassification to a class having a
higher pay grade, an employee normal shall receive net-}eaa-than a one-step
pay increase. However, the city manager shall retain the right to determine
appropriate salary .increases in all situations
(10) Change of Class in Pay Grade. Upon the movement of a class to a
higher pay grade, all employees in the class at the time of the change shall
be placed in the same step in the new grade as they occupied in the old grade.
Upon the movement of a class to a lower pay grade, the employees in the class
at the time of the change will not be reduced in pay unless such action is
specifically called for by the resolution moving the class to a lower pay grade.
.- (11) Adeptien-of-Alem-Pay-P}an---8pen-adeptien-ef-a-nem-pay-p}an-rese}mien;
the-method-for-initia}-imp}ementatiea-ef-the-nem-plan-shah-be-estab}fished-by
pity-eenne=~-rese}tttien;-except-that-mheneder-pessib~e;-adoption-and-imp~e-
mentatien-ef-a-aae+-plan-shai}-net-affect-the-estab}=shed-annitiersary-date-ef
any-emp}ogee- Special Compensation Provisions. The city manager may make an
appropriate salary ad'ustment for employees who assume the duties and
respons~.bilities of an additional position in the munici al service for an
extended period of t~.me.
Snbd--}8c (12) Reporting Pay. Permanent employees who report for work at a
regularly scheduled time on a regular work day and are sent home by their
supervisor because the work cannot be performed shall receive a minimum of
two hours pay.
Sabd--}}c (13) Recall Pay. Permanent employees who are recalled to work after '
the completion of their regular work day by their supervisor shall receive a
minimum of two hours pay for each call. f~9~4-5~--4fz~t~~
Sabd--}~- (14) Training Pad. The city manager may authorize either compensatory
time or cash compensation, both at straight time rates to employees who are
required to participate in authorized training programs. which take place
outside their regular work schedule.
Snbds-}3---Repealed--4f~pf~4---f$iii-}4~4-~5~
Sabd--}4- (15) Longevity Pay. (a) Permanent full-time employees who have performed
satisfactory continuous service for the required number of years shall be
eligible to begin accruing longevity pay at the beginning of the payroll period
in which the required number of years has been completed. Eligible employees
shall receive a longevity payment of 1°~ based on current bi-weekly base salary
upon completion of five years of full-time service and 2%, based on current
bi-weekly base salary upon com lotion of ten years of full-time service
Longevity increments shall be paid in addition~to regular compensation and
may be incorporated with regular pay checks.
Snbd--}5. (b) Continuous Service. Continuous service shall be terminated
by resignation, dismissal or retirement. If an employee so terminated receives
a subsequent reappointment, he shall not be given longevity pay for service
prior to the termination. Continuous service shall not be considered broken
if an employee (1) is on military leave of absence and returns to city employ- '
ORDINANCE CODE 16 CIT`,' OF RICHFIELD, MiNNESO fA
went in accordance with federal and state law, or (2) is on authorized
leave of absence or on a temporary suspension without pay. However, no credit
shall be allowed for time toward the accumulations of a five-year period by
employees suspended or on leave without pay for over thirty consecutive
calendar days except when leave without pay results from an on-the-job injury,
and additional time equal to the loss of service must be served to qualify for
longevity.
Snbd--}6---Amennt-ef-Pa~-ment---E}igib}e-emp}e}~ees-sha}}-reeeide-a-}engevxty
payment-of-}°fo based-oa-enrrent-be-eeeek}y-base-sa}ary-open-eemp}etien-ef-fide
years-ef-serdiee-and-~°fo after-eemp}etien-of-f8-yearn-ef-service-based-open
the-emp}oyeea-enrrent-b=-meek}y-base-sa}ary---hangevfty-increments-sha}}-be
paid-in-addition-te-regn}ar-compensation-and-may-be-incorporated-~-ith-regn}ar
pay-cheeks---{$i}}-}9~4-5~--4f~~f~~+
•
Subd. f~ 8. Overtime Pay and Compensatory Time Off. Overtime is all time
ordered and worked (i.n units of one-half hour or more) a~hieh-is-in-excess
of-the-regn}ar}y-sehedn}ed-hems-ef-~aer~e-fer-an-emp}eyee---ft-is-the-pe}icy
ef-the-eity-that-eerertime;-a-hether-compensated-by-eash-payment-er-time-off;
be-he}d-te-a-minimum-consistent-with-effieiea~-operation-and-the-provision
ef-essentia}-sertiiees-te-the-pnb}ie---Whenever-pessib}e;-a+erk-assignments
shen}d-be-made-in-seek-a-~aay-se-as-te-a~reid-aeemm~}atien-ef-etrertime-credits-
by employees who are non-exempt from the provisions of .the Minnesota Fair Labor
Standards Act, which is in excess of the employee's regularly scheduled work
week. Authorized overtime for eligible employees shall be compensated at
the rate of one and one-half times the employee's regular base rate of pay.
Compensation may be made either by cash payment or by compensatory time off,
at the direction of the city manager and to the extent permit
(1) Administratirre Managerial Employees. The emp}eyee position classifi-
cation plan established pursuant to Section 2.30 of the Ordinance Code of the
city shall include a designation of those administratide managerial employees
who have responsibilities which are manageria}-and supervisory in nature.
Persons holding such positions in the eityis municipal service may be referred
to as iadministratide-emp}eyeest-er 'managerial-snper~risery employees'.
Such employees other than those designated as the foremen, shall not receive
overtime compensation either in the form of pay or time off, as provided for
herein for other employees. The city manager may, however, grant reasonable
periods of time off to administratitle managerial employees when he determines
that such time off is warranted. {$=}}-}98i-3~--$f9fg}
{z~3--Repea}ed---hf$Zf~4--{$i}}-.}984-53
{33--Eertain-Pnb}ie-Safety-Persenne}---Permanent-part-time-persenne}-in
the-Pnb}ie-Safety-Bepartment-ine}nding;-bnt-net-}united-te-Eemmnnity-Service
9ffieers-and-Eemmnnieatien-Aids-sha}}-be-compensated-at-their-regn}ar-hear}y
rate-fer-g}}-time-Baer#edr--{$=}}-}98i-33--~f9f8i
(42) Shift Employees.
shall be compensated by cash
work performed in excess of
their regular work schedule.
ORDINANCE CODE
Shift employees who work an average forty hour week
payment at the rate of time and one-half for
their first eight hours per day and outside of
i7 CIT`( OF RiCHFiELD,'t11NNES0 f;:
(3) Permanent Employees. Eligible permanent and probationary em loyee
other than managerial and shift em loyees, shall normally be com ensated
for work ordered and performed in excess of a regular forty hours per week
However, employees working flexible time schedules at the request of the
employee shall be com ensated in accordance with the overtime ay provisions
established herein for only those hours ordered and worked in excess of the
established flexible work schedule (eighty hours per bi-weekly pay period)
or forty-eight hours per week.
453--A}}-8ther-Emp}ogees---Employees-ether-than-admiaistrative-emp}ogees;
shift-emp}epees-and-personae}-deser=bed-in-paragraph-43~-ef-this-section-sha}}
be-compensated-for-e+erk-ordered-and-performed-in-excess-ef-the-first-eight
keurs-per-day-and-for-arerk-ordered-and-performed-in-excess-of-a-regtt}ar-fertq
hears-per-week---6neh-eempensatien-shad}-consist-ef-either-eempeasaterq-time
off-en-a-time-and-one-ha}f-basis-er-payment-ia-cash-at-tke-rate-ef-time-and
one-half---4Bi}}_}98i-3~--Ef9f8l
46~--Exception---E}erica}-emp}eyees-regu}ar}q-required-to-attend-meetings
outside-bheir-regn}ar-arerk-schedule-sha}}-receive-egos}-time-off-far-time
spent-at-meetings-outside-the-regrs}ar-arerk-seheda}es-
Snbd--}8---Eempensater}r-dime-8ff---the-manner-ef-compensating-an-emp}eyee-for
overtime-~aerk;-i-ez;-whether-stseh-eempensatien-shaf}-be-compensatory-time-off
en-a-straight-time-basis-er-eash-payment-at-the-rate-of-time-and-one-ha}f;
sha}}-be-determined-in-such-iastanee-by-tke-eity-manager---4Bi}}-}988-5~-~fE5f89
Snbd--i9---Special-Previs.iens---Where-thee-rules-de-net-specifies}}y-prescribe
an-overtime-pe}icy-for-certain-groups-ef-emp}eyees;-the-eity-manager-may
8athorize-either-overtime-paq-er-compensatory-time-off-ia-eases-~rhieh-he
fee}s-a-arrant-such-payment-er-time-off-
Sabd--Z9---fldministratien- (4) Administration of Com erasable Overtime.
(ia) Permanent employees normally shall norms}}y be given preference in.
overtime assignments. In all cases, however, overtime assignments will be made in
such a way that the functions of the municipal service will be most effectively
completed. All compensable overtime must be performed at the direction of
the department head or his authorized representative, and overtime credit .
may be accrued for no other purpose.
4~~--Per-the-purpose-ef-computing-overtime;-vacation;-ho}iday;-sick;-and
inJnry-}cave-and-earned-eempensatery-time-off;-sha}}-be-eensidered-as-the
same-as-time-a-erked;-nn}ess-the-overtime-wor#-is-done-for-the-eenvenienee-of
and-at-the-request-ef-the-emp}eyee,-in-a~hieh-ease-the-overtime-sha}}-be
straight-time-rates-
' (3b) The times when compensatory ti
the discretion of the department head, except t
be given consideration whenever possible. When
ordered by the department head or requested by
advance notice shall be provided.
ORDINANCE CODE
18
me off may be taken shall be at
hat the employee's desires shall
compensatory time off is
the employees, reasonable
CIT`t OF RICHFIELD, R1INNESO fA
(5) .Special Provisions. Where these rules do not specifically prescribe
an overtime policy for certain groups of employees, the city manager may
authorize either overtime pay or compensatory time off in cases which he
feels warrant such payment or time off.
Snbd--~}---Speeia}-Eempensa~ien-Previsions---the-eiey-manager-maq-make-aa
appropriate-sa}arq-adJns~mea~-for-emp}ogees-who-assume-snbsfaneia}-addi~iena}
duties-and-responsbi}ides-ef-ane~her-pesieiea-in-~.he-eity-sereiee-for-an
es:tended-period-ef-time---{$i}}-i9~9-85~--if~5¢~i .
Stsbd--~~---E}oohing-Previsions---the-ei~y-manager-sha}}-determine-the-ex~en~
te-a-hieh-tinifarms-er-speeia}-items-ef-a}ething-are-presided-fie-various-e}assert
ef-mnnieipa}-amp}ogees;-ine}using-the-granting-of-pay-in-}ie~t-ef-provision-ef
aniferms-te-a-p}ain-a}e~hes-pollee-pe~?senne}-
Subs. 9. Group Insurance Provisions.
•
(1) Eligibility. Group insurance for the purposes authorized in
Minnesota Statutes, Section 471.61 and under conditions therein
set forth, may be provided to permanent full-time and permanent probat
full-time employees of the .city by resolution of the city council.
{2) Coverage. Effective dates for commencement and discontinuance
of group insurance coverage .for eligible employees shall be in
accordance with the respective group insurance plan s ecifications. The
city shall notify an employee upon termination of his eligibility to
continue group insurance coverage in accordance with Minnesota Statutes,
Section b2A.17.
(3) Administration. The city manager is authorized to rte otiate, approve
execute,. and renew_ group insurance contracts in the forms and for the pu oses
authorized in Minnesota Statutes, Section 471.61. The city council may by
resolution set the amount of city participation in the payment of any premiums
authorized by law for such contracts.
(4) Coverage. on Leave of Absence Without Pay. An employee may elect to
continue group insurance coverage while on leave of absence without pay. However
during this period the city's contribution to such coverage shall cease.
Subs. 10. Employee Training.
(1) Responsibility For Training. Each department and division head shall
rovide on-the-job orientation and training and be responsible for the continui
development of each employee under his direction. The personnel manager shall
assist department and division heads in carrvinQ out these responsibilities and
in meeting any special training needs.
' (2) Time for Training. Training to improve the quality of an employee's
work in his present position may be considered city business and
may be conducted during or after working hours. Training to prepare the
employee for promotion shall be on the employee's own time unless, because
of shortage of manpower or other circumstances, it is in the city's interest
to use work time.
ORDINANCE CODE
19 C1T`r OF RICHFIELD, it11NNES0 to
Subd. 10. Performance Evaluation.• The .city manager shall provide a formal
performance evaluation for all city employees., and shall determine the specific
method(s) and appropriate timing of such evaluations The department heads
shall be responsible to ensuure that such evaluations are consistently performed
according to policy established by the city manager for all em loyees within
their resuective departments.
VI. Section 2.33 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
2.343. ATTENDANCE AND LEAt~ES.
Subdivision 1. Work Week. Except where a-different-arerk-week-is-apeeified
ia-the-paq-pfan otherwise specified, the regular work week for city employees
shall be forty hours or an average forty hours. ereele-in-ehe-.ease-ef-shift
emp}ogees- The normal work day shall be eight hours; however, various depart
meats and dvYSions may establish a different work day with the a proval of
the city manaeer.
(1) Period of Work Week. Inasmuch as certain departments. must regularly
operate seven days. per week, employees of these departments may be required
to work during any day of the week on a regular schedule..
(2) Rest Periods. City employees, when working under conditions where
the use of a-rest break period is practicable, shall be granted a fifteen
minutes break period on two separate occasions during each work shift.
(3) Lunch Periods. C
shall be Qranted thirt
whose wo
ive consecutive
E3~ (4) Administration. The 'specific arrangement. and adjustment of the hours
of the work week shall be the function of the department head and city manager.
Subd. 2.
Eligible
for- each
Holidays. the-fed}ea-ing-paid-he}idaps-a~i}}-be-ebserved-b}~-the-eityr
'ull-time employees will be granted eight hours of paid holiday leave
wew xear•s liay on January 1st; Washington's and Lincoln's Birthdays on the
third Monday in February; Memorial Day on the last Monday in May; Independence.
Day on July 4th; Labor Day on the first Monday in September; Veteran's Day on
November 11th; Thanksgiving Day on the fourth Thursday of November; the. Friday
after Thanksgiving; Christmas Day; a holiday the date of which shall be desig-
nated each year by the city manager; and one floating holiday. fBi}}-}g~9-}~
if~~f~9
(1) Eligibility for Paid Holidays. All permanent employees and full-time
probationary employees,. except Public Safety personnel. who are shift employees,
shall be eligible for the paid holidays listed above. Employees must be on pay
status the work day immediately preceding and the work day immediately following
a holiday to be eligible for such holiday. Employees who are required to be on
duty .and are unable to observe a holiday will be permitted to take their
allowed number of holiday hours of leave with pay within twelvemonths of
the holiday worked.
ORDINANCE CODE
20 CITY OF RICHFIELD, h11NNES~J fA
(2) Administration of Holiday Leave and Floating Holidays.
where .holiday leave is taken at a time other than an observed hol
leave must be approved by the de
amounts of less than four hours.
In instances
day, such
rQed in
(3) Holidays Falling on Week Ends. Eligible holidays which fall on a
Saturday will be observed on the preceding Friday; eligible holidays which
fall on a Sunday will be observed on the following Monday.
(4) Holidays Occurring During Leaves of Absence. When a holiday comes
during an authorized leave of absence for which an employee .receives compensation,
the holiday will be counted, but not as part of the leave of absence.
(5) Holidays for Shift Employees. Employees engaged in shift work who
are unable to observe a holiday will be permitted to take equivalent time
off within twelve months of the designated holiday.
(6) .Permanent Part-Time Employees. Holiday leave shall be accrued by
permanent part-time employees at the rate prescribed for permanent employees
but prorated to the hours worked per week by the permanent part-time employee.
{6~--Repeafed-4fB~f~4---{Bi}}-}9~4-53
{~~--Repeafed-4f~Pf~4---{Biff-}9~4-5~
{8~--Admraistra:teen-ef-Hefidaq-heaee-and-F~eating-Hefrdags---fn-the-ease
ef-shift-empiegees;-ffeattng-hafrdags-and-hefidaq-feaee-taken-at-a-time-ether
than-a-hefdaq-mnst-be-appreved-bq-the-department-head-and-sham-be-charged
as-used-in-amennts-ef-net-foss-than-fenr-hams---{Bi}}_}939-}.~--}fP$f~9
Subd. 3. Vacation Zeave. iiaeatien-leave-~+ith-paq-chaff-be-granted-as
prescribed-herein-
(1) Eligibility for Vacation Leave. All permanent employees and full-time
probationary employees shall tre eligible for vacation leave upon accrual
except that no employee shall be allowed vacation leave until after completion
of six months of employment. {Bi}}-}9~9-4~--3f}~t~9
EZ~--Aeernaf-ef-8aeatien-heade---8aeatien-feave-credits-chaff-be-aeerned
as-feife~as-
(2) Full-Time Employees. All full-time permanent and full-time probationary
employees shall accrue vacation leave according to the following schedule:
(a) Permanent-Fnff-~itne-Empfegees-With-Bess-khan-Fine-Nears-ef-Servier
Vaeatien-leave-shah-be-aeerned-bq-ail-permanent-empfegees-whe-bade-eeenpfeted
tevelde-menths-eentinnens-serdiee;-bnt-net-mere-than-fsve-gears-at-the-rate-ef
Nadine-werking-dogs-{er-ninetq-six-henrs~-fer-each-t~-ef~re-meaths-ef-active
eitq-serdiee- From the beginning of continuous employment through the
fifth year of continuous employment, each employee shall earn vacation at
the rate of 3.70 hours per bi-weekly pay period (twelve days per year).
ORDINANCE CODE
artment head and shall not be ch
21 C1T`r OF RICHFIELD, 1t11NNE$O fr^^~
(b) Permanenf-Emp}ogees-Wifh=P4ere-khan-Fide-3~ears-ef-6ereriee;-btif-Eess
khan-den-dears-ef-6erviee---ilaeafien-}eaere-sha}}-be-aeerned-bq-a}}-permanenf
emp}ogees-ache-bade-comp}efed-mere-fhan-five-gears-ef-eenfianens-sersiee;-bnb
mere-mere-fhan-fen-gears;-a~-fhe-rafe-of-fiffeon-a~erking-daps-{er-}~8-henrs~
for-each-fine}ere-menfhs-of-aefiere-eifq-service- From the beginning of the
sixth year a~.d through the tenth year of continuous .employment, each
employee shall earn vacation at the rate of 4.b2 hours per bi-weekly pay
period (fifteen days per year).
(c) Permanenf-Emp}ogees-Wifh-P4ere-khan-den-years-ef-Service;-bnf-Eess
khan-Fifteen-}Tears-ef-Service---$aeafien-}cave-sha}}-be-aeerned-bp-a}}-permanenf
fn}}-fime-emp}ogees-who-kale-comp}efed-mare-Phan-}8-gears-ef-eonfinaens-service
bnf-nef-mare-fhan-}5-gears-af-fhe-rate-ef-eighteen-averking-flags-{er-}44-henrs~
for-each-fare}dc-menfhs-sf-aetide-eitq-service- From the beginning of the
eleventh year and through the fifteenth year of continuous employment, each
em loyee shall earn. vacation at the rate of 5.54 hours .per bi-weekly pray
period (eighteen days per Year).
(d) Permanenf-Fn}}-'£ime-En~p}ogees-i~Tifh-P4are-~haa-Fifteen-Tears-ef-6erviee-
~iaeafien-}ease-aka}}-be-seemed-bq-a}}-permanenf-emp}ogees-ache-have-camp}eted
mere-fhan-f5-gears-ef-eenfinraens-sera=ee-at-fhe-rafe-ef-~atenfq-marking-flags-{er
}68-het~rs~-for-each-fine}ee-menfhs-ef-aefive-eifq-service- From the beginning
of the sixteenth year of continuous employment, throughout the duration of
employment, each employee shall earn, vacation at the rate of _6.26 hours per
twenty days per year).
{e3 Repca}ed-hf~Ef~~+---{$i}}-}9~k-53
(f3) Permanent Part-time Employees. Vacation-leave shall be accrued by
permanent part-time employees for each twelve months of continuous and active
city service at the rate prescribed for permanent employees in proportion to
the hours worked per week as measured against the hours worked per week by
fhe a permanent full-time employee. A permanent part-time. employee shall be
eligible to accrue a proportional share of vacation leave as scheduled in
Section 2.33, Subd. 2, provided, however, that increases in vacation leave
accrual rates shall be based on total hours worked and not on years of
employment. For purposes of determining increase in vacation accrual rates,
2080 hours shall equal one year of employment.
(g4) Accrual of Vacation on Leave. An employee shall continue to accrue
vacation while on any other compensated leave.
Snbd--4---8aeafien-Meade-Adminisf.rafienc--8aeafian-}cave-sha}}-be-adminisfered
as-fe}}cedar
{}3 Be~arfinenf-Head-Appre~ra}---A}}-daesfien-}ease-sehedn}es-mnsf-be-appree~ed
bq-fhe'deparfinenf-bead-and-fi}ed-in-fhe-prescribed-manner-with-the-persenne}
office---}n-approving-snob-sehedn}es;-fhe-depsrfinenf-heed-sha}}-eensider-fhe
needs-ef-fhe-mnnieipa}-service-and-the-senieri~q-and-adishes-ef-fhe-emp}ogee
ORDINANCE CODE 22 C1T`t OF RICH FIEt_D, 11r1fNNESO fA
•
(5) Use of Vacation. Vacation leave
leave shall be filed in the manner prescri
rovided
(36) Holidays Occurring During Vacation Period. When a holiday occurs
during an employee's assigned vacation and the employee is regularly entitled
to the holiday, it will not be counted as part of~the vacation time.
•- (47) Vacation Accumulation. ~laeatiea-mast-be-taken-atithin-a-Lave}ve-month
period-after-the-comp}et~ien-of-the-gertr-in-arhieh-it-is-earned Vacation leave may
be accrued to a maximum of 240 hours unless written authorization extending
this period maximum is obtained from the department head and the city manager.
Hours in excess of 240 hours, if not a proved, shall be forfeited by the employee.
(58) Terminal Vacation. Accrued but unused vacation will be paid upon
separation except that employees separated prior to completing six months of
continuous and active city service shall be ineligible for terminal vacation pay.
Subd. 54. Sick-heade---6iek-}cave-aith-pap-sha}}-be-granted-as-prescribed-herein-
{}3 Reasons-for-Granting---Siek-}cave-sha}}-be-granted-for-the-fo}}oaring
reasons-
{a~ Phgsiea}-ineapaeitq-inearred-en-er-off-datq;-exeep~-for-pe}iee-
men-and-firemen-ache-are-a}igib}e-for-inJarq-}cave-for-ineapaeitq-inearred
a-hi}e-en-datq-
{b~ Persona}-i}}Hess;-ine}ceding-raediea}-and-dents}-appointments
daring-ever#-hears-
{e~ Enforced-gaarantine-ef-the-crap}ogee-in-aeeerdanee-arith-eeraraanitq
hea}th-rega}atiensc
{d3 Serieas-i}}Hess-er-death-in-the-immediate-farai}q---}raraediate-is
defined-as-eaife;-hasband;-chi}dreg;-Mother;-father;-brother;-grandmother;
grandfather;-mother-=n-}aar-and-father-in-}aarr--$rether--and-sister-=n-}aar
sha}}-be-eens=doted-as-immediate-farai}q-in-the-ease------en}q---there-sha}}-be
a-maxiraara-ef-_three-daps-siek-}ease-permitted-per-sing}e-eeearrenee-ander-this
sabseetien-
{Q3 E}igibi}itq-for-Siek-Eeave---A}}-permanent-emp}epees-and-fa}}-time
prebatienarq-emp}ogees-sha}}-be-a}igib}e-for-sick-}ease-aeeraa}---Hevieder;
--------------granted-prebatienarq-emp}ogees-sha}}-net-be-avai}ab}e-for-ase
------satisfaeterq-camp}etien-of-at-}east-six-raanths-ef-the-prebatienarq
period---{Bi}}-}9~9-353--}f~5f~} - .
Aeeraa}-ef-Siek-heave---Siek-}ease-sha}}-be-aeeraed-as-fe}}ears-
ORDINANCE CODE
23 CIT~f OF RICHFIELD, ;~11NNES0 f~~
{P~ 8aeatiea-Eea~*e-Eharges- Vacation leave shall be charged as used in
amounts of not less than two hours.
Subd. 4. Sick Leave.
(1) Eligibility and Accrual. All permanent employees and full-time probationa
yees, except as otherwise rovided, shall be eligible to accrue and use sick
(a) Permanent Employees. Sick leave shall be accrued for all permanent
full-time employees and permanent full-time probationary employees at the rate
of. one-working-day-per-month-ef-aertriee-anti}-}68-daya-of-aiek-lease-have-been '
aeenmttiated-and-then-at-the-rate-ef-one-fersr~h-{}f[~~-arerking-day-each-ea}endar
month-ef-aere-iee-er-maler-fraction-thereof-with-ae-a-eenmts}a~ioa---{$=}}-}9~4-5~
4f~~f~4 3.70 hours per biweekly pay period until 960 hours of sick leave have
been accumulated and then at the rate of .93 hours er bi-weekly ay eriod
of service or mayor fraction thereof with no maximum accumulation
(b), Permanent Part-Time Employees. Sick leave shall be accrued for
permanent part-time employees at the rate prescribed for permanent full-time
employees, but such accrual shall be in proportion to the hours worked per
week. by permanent full-time employees.
4e~ Repealed-4fP~f~4---{$iii-}9~4-5~
Fd~ Repea}ed-4~PPf#4---fBi}}-}9~4-5~
{e~ Sick-heaee-Aeeraa}-Whi}e-en-heabe---An-empiegee-sha}}-eea~intte
te-aterne-sielC-}cave-erhi}e-en-arty-efher-eempensa~ed-leave-
(c) Sick Leave Accrual While on Leave. An employee shall continue
to accrue sick leave while on any other compensated leave.
an
the
chi
(a) Physical incapacity incurred on or off duty.
(b) Personal illness, including medical or dental treatment for
yee or medical or dental treatment for the em loyee's s ouse or
residing within the em loyee's household.
(e) Enforced quarantine of the era l.oyee in accordance with
community health regulations.
(d) Serious illness or injury in the immediate family. For ur oses
of this sub-paragraph, immediate family is defined as s ouse, arents, children,
siblings, grandparents, grandchildren, mother-in-law and father-in-law. There
shall be a maximum of twenty-four work hours of sick leave ermitted for any
single occurrence under this sub-paragra h.
For purposes of this subpara
include all events which are rela
(2) Usage. Sick leave shall not be considered as a vested right which
employee may use at his discretion, but shall be considered as a type of
urance which may be granted only for the following reasons:
"occurrence" shall be into
to any one illness and/or
reted to
v of an
eligible family member.
ORDINANCE CODE
24 CITY OF RICHFIELD, !111NNES0 t;a
(e) Death in the immediate family. For the purposes of this sub-
paragraph, immediate family is defined as s ouse, parents, children, siblings,
grandparents, grandchildren, mother-in-law, father-in-law, brother-in-law
or sister-in-law. Leave for this purpose shall be charged against the
employee's accrued sick leave where applicable.
(3) Application Procedure. In order to be eligible for paid sick leave,
an employee must-
(a) Notif
for the beginning of
•- (b) Give
him as soonas possi
(c). Submit, if required by .the city manager, a medical certificate
from a licensed hysician stating the nature of the illness or in'ury and whether
the employee has been .incapacitated for work for the period of absence.
Sabd--6---Siek-beast-Administration---Siek-fosse-chaff-be-admire=attired-as-feiieas-
fib Regaest~c--Requests-for-seek-leave-shenfd-nermaii}--be-made-before-an
empfepee-is-regniariy-sehedn.fed-te-report-for-daty-
•
f~~ Beeterts-Eertifieater--the-city-manager-has-the-right-te-verify-the
----------siekntss-ef-an-empiegee-and-ma}--require-g-deeteris-eertifieate-for
---------due-to-sickness---~'he-certificate-mrsst-state-the-kind-and-nature-ef
sickness-er-inJnry-and-e~hether-the-empiegee-has-been-ineapaeitated-for-merle
for-said-period-ef-abseneer
(34) Sick Leave Charges. Sick leave shall be chargeable only when used
on regularly scheduled work days or work periods.
f43 Aeiidaq-8eenrring-.Baring-Siek-heave-. When a holiday occurs during
an employee's sick leave and the employee is regularly entitled to the holiday,
it will not be counted as part of the sick leave time.
(5) Penalty. The city manager has the right to verify the reported
sickness of an employee. Claiming sick leave when physically and mentally
fit, except as permitted in this section, may be cause for disci linary action
including suspension, demotion or dismissal.
Subs. 5. Personal Leave.
(1) Eligibility and Accrual. Effective January 1, 1982, each permanent
full-time or full-time probationary employee classified and com ensated under
the Management Pay Plan, as that Plan has been ado ted and may be amended
from time to time pursuant to Section 2.32 of this Code, shall be eligible to
accrue and use personal leave. An eligible employee shall accrue 1.54 hours
of personal leave bi-weekly and may accumulate such leave from year to year
up to a maximum of 160 hours of ersonal leave unless written authorization
extending this maximum is obtained from the department head and the city
manager. Hours in excess of 160 hours shall be forfeited by the em loyee
without compensation.
ORDINANCE CODE
his supervisor within one-half hour of the time set
roe' s work da!
s supervisor an anticipated return date and no
e ~if that date should change.
25 C1T`r OF RICHFIELD, !~1INNESO fA
no employe
sick leave.
other rovision of this Code
ligible to accrue or use
(b) Conversion of Sick Leave Benefit. Each employee who becomes
eligible for personal leave and who has accrued sick leave hours shall convert
such sick leave hours into personal leave hours in accordance with the formula
developed and amended from time to time by the city manager and set out in
the city's Personnel Policy. In the event that an employee ceases to be
classified under the Management Pay Plan but remains in the employ of the
city, that employee's personal leave shall be converted back to the then
applicable sick leave benefit in reverse a lication of the abovementioned
formula then in effect.
(2) Usage and Administration. An employee may use accrued personal leave
for any reason, subject to the restrictions stated herein, but shall be required
to use accrued personal leave for illness or in'ury necessitating absence from
work, except that personal leave shall not be used if the employee is eligible
for short-term disability or long-term disability benefits. Personal leave
shall be scheduled and administered under direction of the department heads
In the event of illness or in ury necessitating work absence, the employee
requesting such leave shall notify his or her su ervisor prior to the
scheduled reporting time. Requests for personal leave for reasons other
than illness or in,~ury must be submitted to the su ervisor a reasonable
time in advance of the period of time for which such leave is requested
to enable the supervisor to arrange for normal continuance of the department
functions,. and in such cases, requested personal leave will not be unreason-
ably refused, but shall be subject to and coordinated with the administrative
and managerial needs of the City. Personal leave shall be chargeable only
when used on regularly scheduled work days or work periods. When a holiday
occurs during an employee's personal leave, and the employee is regularly
entitled to time off on the holiday with ay, such time will not be charged
against the employee's personal leave.
Subd. ~ 6. Repea}ed-4f$zf~4---{$r}}_}g~~-5~ Other Leaves.
Subd--8- (1) Leaves for Jury Duty, Attendance at Conventions and Other Meetings.
When an employee performs fury duty or is subpeonaed as a witness in court, he
is entitled to compensation equal to the difference between his regular pay
and the amount received as juror or witness fees. Such time off shall be con-
sidered as time on duty. Attendance at conventions and other meetings and
visits to other cities shall be considered as time on duty; provided, that
such attendance be approved in advance, and in writing, by the city manager.
Subd--9- (2) Leaves for Military Service. All full-time employees shall be
entitled to benefits as provided in the Minnesota Statutes, Sections 192.26
and 192.261.
Snbd--~6- (3) Leave of Absence Without Pay. Leaves of- absence without pay for
periods of up to 90 days may be granted at the discretion of the city manager.
The city manager is authorized to extend such leaves to a maximum period of
one year in cases of disability or where extraordinary circumstances in his
judgment warrant such an extension. No vacation or sick leave benefits shall
accrue during a period of leave of absence without pay.
ORDINANCE CODE
26 CITY OF RICHFIELD, h11NNESO r;.
(a) Restrictions. Notwithstanding any
e eligible for personal leave shall be e
•
Sabd--~~- (4) Absence Without Leave. If any employee shall, without proper
authorization, be absent from duty, whether for part or all of a working day
or for a longer period, such absence may be grounds for disciplinary action
or discharge. Absence without leave for a period of ffvc three duty shifts
may be considered cease-fer-aatematfe-termination resignation of employment
and separation from the city service.
$ -3 5 - - 6R8~TP- iNSHRAN6E - PR98 f S f 9AtS -
Sabdivfsfen-~r--Hespita}-Igedfea}fSargfea}-fnsaranee-6renp-P}an---Saeh-an
fnsaranee-p}an-fs-avaf}ab}e-fer-a}fgib}e-eftq-amp}egees-and-their-farm}fesr
•
f}~ E}igibi}itq-fer-fnsaranee-$ian-$enefitsc--A}}-permanent-fa}}-time
amp}ogees-and-permanent-prebatienarq-amp}egees-sha}}-be-a}fgib}e-fer-fnsaranee
pfaa-benefits-of-the-estgts-Heap=tai-P4ed=eaffSargieaf-fnsaranee-6renp-i'}an:
fE~ Premfam-Pagments---the-Leta}-month}q-premiam-fer-participating
amp}egees-shaff-bc-paid-in-the-fe}fearing-manner-
fad the-eftq-eenaef}-shaff-bq-raze}atien-determine-the-eftq=s
eentribatfen-tearards-the-premiam---f$f}}-}9~5-g~__}f~~f~g
fb3 the-participating-amp}epee-sha h-paq-anq-remaining-premiam
charge-threagh-pagre}~-dedaetfens-
f3~ Effeetfve-Bate-ef-Eeverage---Near-a}igib}e-amp}epees-who-a}eat-te
participate-sha}}-be-eevered-en-the-first-ef-the-month-fe}}e~fag-their-date
ef-amp}egment-
f4~ Biseentinaanee-ef-Eeverager--hlhenever-a-eevered-amp}epee-ceases
amp}egment-a-fth-the-eitq;-fnsaranee-eeverage-ari}}-be-diseentinaed-an-the-first
ef-the-month-fe}}awing-the-date-ef-termination-
f5~ beverage-en-heave-ef-Absence-Witheat-gag---An-amp}epee-can-a}eat-te
eentfaae-eeverage-arhf}e-en-}cave-ef-absence-witheat-paq---However;-daring
this-period-the-eftq=s-eentrfbatfen-sha}}-cease---f$f}}-f9~8-353--if $5f~f
Sabd--~z berm-bife-and-Aeefdenta}-Beath-and-Bismembermeat-fnsaranee-6renp-P}an- -
Sneh-an-fnsaranee-p}sn-fs-avaf}ab}e-fer-eiigibie-eftq-amp}egees-and-their-fam=ices-
f}3 Ai}-permanent-fail-tame-and-permanent-prebatienarq-amp}egees-sha}}
be-eiigibfe-fer-fnsaranee-plan-benefits-
f~~ the-month}q-premfam-fer-the-basic-$5;A99-fnsaranee-pe}ieq-sha}}-be
paid-far-bq-the-eitq-
" f3~ Near-a}igfb}e-amp}egees-shaff-be-eevered-en-the-first-ef-the-month.
fe}}e~+fag-thirtq-f38~-ea}eadar-daps-ef-amp}egmeatc -
f4~ Whenever-a-eevered-amp}epee-ceases-amp}egmeat-~-ftk-the-eftq;-in-
saranee-eeverage-arf}}-diseentfnae-thritq-one-f 3f~-dags-fe}}awing-the-date
ef-termination-
ORDINANCE CODE 27 CITY GF RICHFIELD,'~11NNES0 f;~
Z-3b EPiPE83~EE-~RAfHfP16-AATB-E~iAE~TA~~6AT-6F-PERF9RP4AAt6Es
Subdivision-i- Respensibi~itq-Fers--Eaeh-department-head-sha}}-be-responsib}e
for-the-prevision-of-en-the-Zeb-erientatien-and-training-and-for-the-eentinuing
dove}epment-ef-reek-emp}ogee-wader-his-d=reetiens--the-persenne}-direeter-sha}}
ee.eperate-with-and-assist-department-heads-in-earrging-ant-these-respensi-
b=cities;-and-in-meeting-anq-speeia}-training-needs- '
Snbds-~- dime-fer-~rainings--draining-te-improve-the-qua}itq-ef-work-ef-the
emp}ogee-serving-his-present-position-maq-be-eensidered-eitq-business-and
maq-be-eondneted-during-er-after-working-hears---bra=Wing-te-prepare-tht
emp}ogee-fer-promotion-sha}}-be-en-the-emp}egeets-own-time-un}ess;-beeanse
ef-shortage-ef-manpower-er-ether-eireumstanees;-it-is-to-the-cstgts-interest
te-use-work-rime-
Snbdz-3s Eva}nation-of-Emp}ogee-Perfermanees
f}~ Eaeh-department-head-sha}}-provide-fer-an-annua}-ova}cation-of-a}}
permanent-emp}ogees-in-his-department-,--For-permanent-emp}ogees-net-at-their
maximum-sa}arq-step;-the-department-head-sha}}-provide-fer-an-evafnat.ien-at
}east-sixtq-daps-prier-te-the-emp}egeets-anniversarq-date---~heae-ova}cations
sha}}-ine}use-a-diseussien-between-the-emp}ogee-and-his-immediate-supervisor
fer-the-purpose-of-determiaing-gee s-and-tva}caring-progress-toward-better
perfermanee-and-persona}-stye}epments--A-memorandum-reeerd-ef-the-resu}ts-ef
these-disensaien~-shad}-be-forwarded-te-the-persenne-effiee-bq-the-department
head-en-forms-preseribed-bq-the-persenne}-departments
f~~ Bepartment-heads-sha}}-preside-fer-an-ova}cation-of-a}}-their-pre-
batianarq-emp}ogees-at-feast-sixtq-sags-prier-te-the-eemp}etien-ef-the-pre-
batienarq-period---phis-ova}nation-sha}}-ine}nde-a-diseussien-between-the
emp}ogee-and-his-immediate-supervisor-fer-the-pnrpese-ef-determ=Wing-gee}s
and-ova}Waring-progress-reward-better-perfermanee-and-persona}-dove}epments
A-memorandum-reeerd-ef-the-resu}ts-ef-these-disenssiens-sha}}-be-ferwarded
te-the-department-head-and-the-persenne}-effiee-bq-the-auperviser-en-forms
preseribed-bq-the-persennef-departments
43~ iJherever-in-the-persennef-ru}es-referenee-is-made-te-usatiafaeterq
performaneeu-er-ustandard-perfermaneeu;-this-sha}}-be-determined-bq-the-de-
partment-bead-based-en-the-ova}nation-form-submitted-te-him-bq-the-supervisors-
ORDINANCE CODE
28 CITY GF RICHFIELD, 111NNESG t,:
{4~ Eaeh-empiegee-shah-be-gi~ren-a-eapq-ef-bhe-e~raina~iea-form-prepared
bq-kfs-srspereisar-regarding-his-progress-
•
{5~ eke-evafnat=ea-ef-empfegee-perfermaaee-deseribed-kerein-chaff-nat
preefade-depar~mea~-heads-frem-eendneting-mare-fre$nen~-eerait~a~iea-if
eonsidered-desirabizr
VII. Section 2.34 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows: ,
2.34. PENALTIES AND SEPARATIONS.
Subdivision 1. Discipline. City empl''oyees sh
action .for failing to fulfill their duties and
observance of .work rules, policies and procedu
Every disciplinary action shall be for just ca
ation. The employee may use the grievance pro
with respect to punishment which the employee
proportionate to the offense committed.
11 be subject to disci linary
responsibilities, including lack of
es adopted by the city manager.
se and applied without discrimin-
edure outlined in Section 2.35
elieves is either unjust or dis-
(1) Forms of Discipline. Discipline may be in one or more of the
following forms:
(a) Oral reprimand. Whenever an employee's performance warrants
discipline his supervisor shall inform him .promptly and specifically of the defi
(b) Written reprimand. In situations where an oral warning has not
resulted in sufficient improvement of the em loyee deficiency or where more
severe initial action is warranted, a written re rimand shall be issued to the
employee and a copy placed in .the employee's personnel file.
(c) Suspension Without Pay. In those cases where one or more written
reprimands have not proven to be effective, or in those cases where the serious-
ness of the events or conditions warrant it, an employee may be suspended
without~ay by the city manager, for a period not to exceed thirty calendar
days in any one calendar year.
(d) Demotion and Dismissal. When other forms of disciplinary action
have proved to be ineffective, or where the seriousness of the offense or condition
warrants it, the city manager may demote or dismiss an a loyee for 'ust cause.
~-3~--~ERP4fPiA~iBNS- Subd. 2. Terminations.
Snbdidisiaa-~- (1). Resignation. Any employee wishing to leave the municipal
service in good standing shall file with his supervisor or department head,
at least fourteen days before leaving, a written resignation stating the
effective date of the resignation and the reason for leaving. Failure to
comply with this procedure may be considered cause of far denying such employee
future employment by the municipality and denying terminal leave benefits.
Unauthorized absence from work for a period of five three working days may
be considered by a department head as a resignation without benefits.
ORDINANCE CODE
29 CITY OF RICHFIELD, h11NNES0 f.~
~,.
6nbd--~- (2) Lay=Off. The city manager may lay off any employee whenever such
action is necessary because of shortage of work or funds., the abolition of
a position, or changes in organization; provided, however, that two weeks
advance written notice shall be given to the employee. Hewetier;-ne-permanent
emp}epee-she}}-be-}aid-off-ro~hi}e-there-are-temperarq-emp}epees-serving
in-the-same-e}ass-ef-position-for-cvkieh-the-permanent-emp}epee-is-qaa}if red;
e}igib}e-and-avai}ab}ec Length of service in the same position class
may be given consideration..
Snbd--3c (3) Retirement Age. The retirement age for all employees of the city
except elected officials but including the city manager, city attorney and
health officer, notwithstanding the provisions of Section 2.28, .Subdivision S,
shall bs age-65-sabJeet-te-the-fe}}easing-previsions- as provided in the Age
Discrimination and Employment Act of r967,as amended, and sub'ect to all
applicable exec bons contained therein, such retirement age shall be sub'ect
to the follow~.ng provisions:
f~3 Anq-emp~egec-except-pe}ieq-and-firemen-ether-tkan-the-heads-ef-these
departments-mho-a+as-ever-68-gears-ef-age-an-Apri}-};-i96~;-shad}-be-a}igb}e
te-eentiaae-is-the-emp}egment-ef-the-eitq-rinti}-Apri}-};-}9~~;-ar-anti}
reaching-age-~8;-a~hieheder-is-ear}ier-nn}ess-a-medics}-e~amiastien-ef-each
an-empie}~ee-dine}eses-that-the-emp}egeeis-obi}itq-te-perform-the-defies-ef
his-pasitien-has-bees-impaired-bq-reason-of-aaq-phgsiea}-i}}ness-er-defi-
eieneq-in-~rhieh-ease-the-emp}epee-she}}-be-retired-
f~3 Anq-emp}epee-except-pe}lee-8nd-firemen-ether-than-the-heads-ef-these
departments-of-the-eitq-as-ef-Apri}-};-}96~;-she}}-bc-a}igb}e-te-epntinae
in-the-emp}egment-ef-the-eitq-anti}-he-has-aeeama}aced-~8-gears-ef-serbiee
a-ith-the-etq-er-anti}-he-has-reached-age-~6;-mhieh~ever-is-ear}ier;-but-this
prerrisien-she}}-net-require-retirement-before-age-65-an}ess-a-medics}-exam-
inatien-ef-each-an-emp}epee-disc}axes-;that-the-emp}ageets-abi~itq-te-perform
the-defies-ef-his-position-has-been-impaired-bq-reason-ef-asp-phgsiea}
i}mess-er-defieieneq-in-a~hieh-esae-the-.emp}epee-shai}-be-retired-
~3~ Anq-emp}epee-retained-in-the-manieipa}-service-beyond-the-age-ef-65
pears-ender-the-pree~isdens-ef-the-tare-preceding-paragraphs;-er-reinstated-er
appointed-from-a-reemp}egment-}ist-after-said-age;-she}}-be-required-to-sab-
mit-a-satisfaeterq-report-ef-medics}-exam=nation-bq-a-phgsiea},-appreded-er
designated-bq-the-eity-manager-~hieh-sheers-the-emp}epee-te-be-phgsiea}}q-and
menta}}q-ab}e-te-perform-the-duties-ef-his-position-
(4a) Where the city manager finds that the continued employment of an
employee beyond. age 65-net-covered-tinder-the-preceding-paragraphs 74 would be
of special benefit to the city, he may extend such retirement age on a year-
to-year basis not to exceed the age of ~9 75, upon receipt of adequate medical
information indicating the employee is in good health and able to perform his
work. Upon written notice to the employee, the city manager may cancel a
deferral of retirement at any time.
(5b) The city may require verification of the age of any employee, and
failure of the employee to provide such verification shall permit the city
to determine that such employee has reached the age of mandatory retirement.
Failure to provide verification in the form requested shall be grounds for
dismissal.
ORDINANCE CODE 3p CiTY OF RICHFIELD, MiNNESO T;;
(6c) Employees will retire at the end of the month in which they
reach retirement age.
Snbd--4- (d) Service After Retirement. The provisions of this section shall not
prevent a former employee of the city from being engaged as a full-time or
part-time consultant of the city on specific projects after retirement.
(e) Separability. The provisions of this section shall not be deemed to.
amend or modify any age retirement provisions relating to the retirement of
members of the Police or Fire Divisions which are contained in any state statute
or in any rule of the Police and Fire Civil Service Commissions.
~-~~A---BfSEfFhfNAR3~-A£~f8N8- .'
•
Snbd$v$aren-~- Warnag-and-Reprimand---Whenever-an-emp~ogee=s-pcrformaaee
faffs-antler-ene-ef-the-eanses-for-aetien-fisted-in-Seetien-z~-3~A;-Subdivision
4;-eatilfed-uEaascs-fer-Aetienu;-his-supervisor-chaff-iaferm-him-premptfq-sad
speeifieaffq-ef-saeh-(apses---ff-appropriate-and-Justified;-feffeaing-a-dis-
enssiea-ef-the-matter;-a-reaseaabfe-time-fer-improvement-er-correction-maq-be
affeeaed-before-anq-farther-diseipfinarq-aetien-is-initiated---fn-situations
where-an-era(-warning-kas-net-resnited-in-the-correction-ef-the-condition-er
e~here-mere-severe-initiaf-etiea-is-warranted;-a-written-reprimand-sha}}-be
sent-to-the-empfegee-and-8-eepq-piaeed-in-the-emp~egee=s-persennef-fefder
in-the-persennef-office-
Sabdr-~- 5nspensienv--fn-these-eases-inhere-ewe-er-mere-written-reprimands
kas-net-prevea-to-be-effective,-er-in-these-eases-where-the-serieasness-ef
the-events-er-conditions-a-arrant-it;-an-empfegee-maq-be-suspended-arithent
paq-bq-the-eitq-manager;-fer-a-period-net-te-exceed-thirtq-eafendar-daps
is-anq-ene-eafendar-gear-
£nbd--~- Bemotien-and-Bismissaf---taken-ether-forms-ef-diseipfinarq-aetien
have-preyed-ineffective;-er-arhere-the-seriousness-ef-the-offense-er-eeaditien
~-arrants-it;-the-eitq-manager-may-demote-er-dismiss-the-empfegee-fer-aaq-ef
the-eanses-fisted-in-Subdivision-4-ef-this-section-entitfed;-u£anses-fer-Aetienu-
Snbd--4- £anses-fer-Aetienc--Appropriate-diseipfinarq-aetien-maq-be-taken
fer-anq-ef-the-feifewing-eanses-
fi3 fneempeteneq;-ineffieieneq;-er-negfigcnee-in-the-performance-of-dntq-
f~~ Activity-which-has-been-determined-te-be-ineompatibfe-a-ith-his
empiegmeat-as-provided-in-6eetien-~-39-entitfed;-ufaeempatibfe-Aetivitiesu-
{33 £hrenie-phgsieaf-er-mentaf-ineapaeitq-te-perform-the-work-ef-the
pesitienc
~4~ insnberdinatien;-eeastitnting-a-serious-breach-ef-diseipfine-
{5~ Neteriensiq-disgraeefni-conduct-
ORDINANCE CODE
31 CITY OF RICHFIELD, MINNESO f;;
f63 Hnae~theriged-absenee-er-abase-ef-leave-privileges-
f~3 Aeeeptanee-ef-anq-valnaizle-eensideratien-given-te-inffnenee-the
emplegee-in-the-perfermanee-ef-his-dntq-
f83 Falsifieatien-ef-an-applieatien-er-ef-anq-eitq-reeerds
~9~ Hse-ef-his-effieial-pasitien-far-personal-advantage-
f}S3 Pelitieal-aetivitq-as-deseribed-in-Seetien-~-39-entitled;-ulneempatible
Aetiditiescu
fll~ Nillfn}-bielatien-ef-the-previsions-ef-laar-er-ef-these-roles-
fl~~ Violation-ef-written-departmental-rnlesc
VIII. Section 2.35 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
2.385. APPEALS AND HEARINGS.
Subdivision 1. Procedure. An employee who has a grievance may await himself
of the grievance procedure herein outlined. A11 grievances must be filed
within twenty-one (21) calendar days after the occurrence of the grievance
is deemed to exist. Such employee must submit his grievance in the following
sequence:
(1) His division head - first step
(2) His department head - second step
f33 the-personae}-direetar---third-step
{43 (3) The city manager - final step {$i}}_194-5~--4f~~f~4
Subd. 2. Form of A peals. An appeal to a division head may be either oral
or in writing. It shall be in writing if either party so demands. A grievance
presented in writing must be answered in writing.
Subd. 3. Employee Representation. Employees shall be entitled to repre-
sentation of their own choosing in appealing any grievance. Employees shall
be entitled to one representative at the first step in the grievance pro-
cedure and any reasonable number of representatives thereafter. When necessary
in investigating and settling a grievance; employees and their representatives
shall be released from work without loss of pay for a reasonable amount of
time, provided department heads or supervisors are given sufficient advance
notice to adjust work schedules.
Subd. 4. Decision Time Limits for A peals. The decision in an appeal shall
be made as follows (except that failure to receive a decision shall entitle
the employee to appeal at the next step):
(1) First Step. The division head shall render a written decision giving
the reasons for the decision, within seven E~~ calendar days after receipt of
the grievance. fBi}}-}9,~4_5~__4fggf~4 ,
ORDINANCE CODE 32 CITY OF RICHFIELD, MINNESO fia
(2) Second Step. If the grievance is not settled. in Step 1, and the
employee desires to appeal, the grievance shall be presented in writing to
the department head within seven {~~ calendar days after the division head`s
answer in the first step. The department head shall render a written decision
giving the reasons for the decision within ten {}$~ calendar days after re-
ceipt of the grievance. {Bi}}_}g~4_5~__yfB~f~~
{3~--third-Stepc--if-Irhe-grievanet-is-net-sett}ed-in-6~ep-p-and-eke
emp}ogee-deaires-I:o-sppea};-the-grevanee-ska}~-be-preaented-ia-~+riting-to-the
Perseaae}-Bireeter-a-itltia-stem-{~3-ea}ender-daga-after-the-departmeat-head=s
aaaaer-in-the-seeoad-steps--the-Perseaaef-Btreetor-aha}}-render-a-a+rittea
deeiaion;-giving-tke-reaaena-for-eke-deeisien;-a~~hin-lea-{i8~-ea}ender-daga
after-reeeipt-ef-tke-grievaaee- {Bi}ir i9~4-5~--4f~Bf~4
•
{4~ (3) Fonr~h Third Step. If the grievance is not settled in Step 3 (2),
and the employee desires to appeal, the grievance shall be presented in writing to
the City Manager within seven {,~~ calendar days after the Personaei-Bireetorle
Department Head's answer in the third second step. The City Manager shall render a
written decision giving reasons for the decision, within fifteen {}5~ calendar days
receipt of the grievance. {B:x}}-}g~~_5~--~fB~f~~+
{5~ (4) Waiver. If a grievance is not presented. within the time limits set
forth above, it shall be considered "waived". If a grievance is not appealed
to the next step within the specified time limit, it shall be considered
settled on the basis of the employer's last answer. If the employer does not
answer a grievance or an appeal thereof within the specified time limits, the
employee may elect to treat the grievance as denied at the-step and immed-
iately appeal. the grievance to the next step. The time limits in each step
may be extended by mutual written agreement. {Bi}}-}9~4-53--4f~~'f~~
Subd. 5. An employee who is a member of an appropriate bargaining unit as
provided by the Public Employment Labor Relations Act of 1971 as amended
shall not be able to avail himself of the grievance procedure set forth herein.
Instead the employee may process the grievance according to the grievance pro-
cedure established in the employee's respective labor contract. {B=}}-}gy~_g~
4f~zf~4
IX. Section 2.36 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
2.396. INCOMPATIBLE ACTIVITIES.
Subdivision 1. Prohibition Of. A city employee shall not engage in any
employment, activity or enterprise which is inconsistent, incompatible or in
conflict with his duties as a city employee, or with the duties, functions and
responsibilities of the department by which he is employed.
Subd. 2. Type~of Incompatible Activities. The following activities shall be
considered inconsistent, incompatible or in conflict with city employment:
ORDINANCE CODE 33 CITY GF RICHFIELD, R1INNESO t"~i
(1) Any employment, activity or enterprise which involves the use for
private gain or advantage of the city's time, ..facilities, equipment or supplies,
prestige or influence of a city office or employment.
(2) Involves the receipt or acceptance by the officer or employee of any
money or other consideration from anyone other than the city from the per-
formance of an.act which the officer or employee. would be required or ex-
pected to render in the regular course of his city employment or a part of
his .duties as a city officer or employee.
(3) Involves the performance of an act in other than his capacity as a
city officer or employee which may later be subject, directly or indirectly,
to-the control, inspection, review, audit or endorsement by such officer or
employee or the department by which he~is employed.
(4) Involves so much of the employee's time that it impairs his attendance
or efficiency in the performance of his duties as a city officer or employee.
(5) The city manager shall make a final determination, when necessary,
as to whether a specific activity is incompatible.
Subd. 3. Political Activity.
(1) Begree-ef-Far~te=pa~ren-Prokxbi~ed---P>•e-emp}ogee-shaf}-seek-er-aeeept
efee~ien;-nemina~ren-er-appeinfinent-as-an-effieer-of-a-pe}idea}-a}ab-er
erganiaatien-a~heh-is-faking-an-aetive-part-in-a-mnnieipa}-pe}itzea}-eampaign;
except-an-beha}f-a£-ks-emn-eandsdaeq;-ner-sha}}-.any-emp}epee-sere-aa-a
member-af-a-eemmi~~ee-ef-seek-efnb-er-ergan~abfen;-ner-seek-signatures-te
any-pe~i~ien-previded-bq-}aw;-ner-ae~-as-a-e~arker-a~-eke-pa}}s;-ner-dis~ribr~~e
badges-er-pamph}ens;-ledgers-er-haadbi}}s-of-anq-kind-fa~rering-er-apposing
anp-eandida~e-for-eiee~ien-er-far-semina~ien-~e-8-mr~nieipa}-pttb}ie-office-
Participation. Employees may participate in "any political activities
to the extent permitted. by Minnesota Statutes., Section 43.28, Subdivision 1.
f~3 P4embershp-Piet-Prohibited---skis-see~ien-deer-net-gre~ren~-anq-emp}epee
from-becoming-er-een~tnning-~e-be-a-member-ef-a-pa}i~ieai-efnb-or-organization
er-frem-s~~endanee-a~-a-pe}rhea}-meeting-er-enleping-enure-freedom-frem-a}}
in~erferenee-in-easing-his-deoe-er-frem-seeking-er-aeeep~ng-a}ee~ian-or
appein~men~-~c-pub}ie-office-
(32) Candidacy - Leave of Absence. Any employee who becomes a candidate
for any elective public office shall automatically receive a leave of
absence without pay and shall perform no duties connected with the position
held by him until he is no longer a candidate. However, if the needs of .the
municipal service require, the vacancy created by his absence may be filled
and his service terminated.
Subd. 4. Outside Employment. Employees may not engage-in outside employment
which might in any way hinder their objective and impartial performance
of their public duties, embarrass the city government, or impair their
efficiency on the job. Employees who wish to obtain outside employment
must obtain prior written approval from their department head and the
city manager on the appropriate forms and in the prescribed manner.
ORDINANCE CODE
34 CITY OF RICHFIELD, !~11NNESO f:>
•
Snbd--5---8aeaneies---8aeaneies-in-the-a}ee~ed-membership-of-the-beard-sha}}
be-fi}}ed-bq-appein~menb-ef-a-member-from-anq-emp~egee-grexp-when-the-nnex-
pired-berm-is-less-thaa-ene-~earr--(when-the-naexpired-berm-is-mere-khan-ene
gear;-~raeaneies-in-the-a}ee~ed-membership-of-the-beard-sha}}-be-fi}}ed-bq-a
specie}-e}eel.ien-~vi~hin-bhe-apprepriaf:e-emp}epee-grenp-
X. Section 2.37 of the Ordinance Code of the City of Richfield, Minnesota,
is hereby amended to read as follows:
•
2.4137.
POLICE OFFICERS AND FIRE FIGHTERS - PERA.MEMBERSHIP.
Subdivision 1. Recitals. It is recognized that the unfunded accrued lia-
bilities of the Richfield Fire Department Relief Association have increased
to approximately $2,334,000 in January of 1979; that the unfunded accrued
liabilities of the Richfield Police Relief Association have increased from
approximately $458,000 in January of 1965 to $1,818,000 in January of 1979;
that the existence and increasing amount of these unfunded accrued liabil-
ities gives rise to an intense concern about the financial condition of the
associations, the security for expected benefits to employees and the ob-
ligations being incurred by the taxpayers of the city in undertaking to
fund the liabilities of the funds of the association; that the city desires
to promote the financial soundness of the funds of each of these associations
and to take measures to provide that the fire fighters and police officers of
the city participate in pension plans which are fiscally sound and respons-
ible; that the Public Employees Police and Fire Fund of the Minnesota Fublic
Employees Retirement Association provides benefits to police officers and
firefighters which have been determined by the legislature of the State
of Minnesota to be appropriate; that it is the policy of the pension Laws
of the State of Minnesota to provide for the inclusion of police officers
and fire fighters in the Public Employees Police and Fire Fund in preference
to other pension plans; and that it is in furtherance of the best interest
of the city's employees and of the general welfare of the city to include
such employees of the city, hereafter employed, in the Public Employees
Police and Fire Fund.
Subd. 2. Membership of Certain Police Officers in Public Employees Police
and Fire Fund. All persons who are first employed by the city on or after
the-effee~itre-date-ef-this-erdinanee April 1, 1981 and who, in the absence
of the Richfield Police Relief Association would be eligible for membership
in the Public Employees Police and Fire Fund of the Minnesota Public Employees
Retirement Association, shall be members of such Public Employees Police
and Fire Fund and shall not be members of the Richfield Police Relief Assoc-
iation. fi9~4-P4~--i~f~~f~9
Subd. 3. Membership of Certain Fire Fighters in Public Em loyees Police
and Fire Fund. All persons who are first employed by the city on or after
the-effee~zde-date-ef-phis-erdinanee April 1, 1981 and who, in the absence of
the Richfield Fire Department Relief Association would-be eligible for
membership in the Public Employees Police and Fire Fund of the Minnesota
Public Employees Retirement Association, shall be members of such Public
Employees Police and Fire Fund and shall not be members of the Richfield
Fire Department Relief Association.
ORDINANCE CODE
36 CITY GF RiCHF1ELD, 111NNESrJ fa
Employees who are granted permission to engage in outside employment must
sign the €ollowing waiver:
The undersigned, an employee of the City of Richfield,
Minnesota, does hereby waive and release said city from
any liability, expense or costs because of any injury or
sickness incurred by reason of any employment accepted
by the undersigned other than as an employee of said city.
I further release the city from any claim for wages or
other benefits during any absence caused~by any such
injury or sickness. This waiver shall be binding upon my
heirs, representatives or assigns.
..
E-46---EPiPE9irEES L-AB~FlSBR~-BBARB-
Snbdivisien-l---Seepe-ef-Antheritq---there-is-hereby-established-an-Eroplegeest
Adviserq-Beard-te-serne-in-an-adviserq-eapaeitq-te-the-manager-and-the-eenneil
in-the-formalat=en-ef-personnel-pelieq-and-administration-ef-the-personnel
program-and-in-the-consideration-of-anq-matter-affeetiag-the-gnalitq-ef-the
mnnitipal-servieer--the-Emplegee=-Adviserq-$Bard-roaq-make-reeemroendatieas-en
personnel-matters-te-the-eitq-manager-and-the-eenneil- '
Snbd--z~---Eeropesitiea-ef-Beard---the-Eroplegeesj-Adviserq-Beard-shall-consist
ef-the-manager;-one-eenneilman-to-be-seleeted-bq-a-roaleritq-ef-the-eenneil
at-the-first-meeting-in-3annarq-ef-each-gear;-and-seven-eroplegees---the-seven
emplepee-roerobers-shall-be-seleeted-from-the-felleaing-eroplegee-grenps-
{l~ Streets-and-Severs-Bivision---eae-member;
{E~ Engineering-and-lnspeetian-Bivision---one-member;
{S~ Fire-Bepartment---one-member;
{4~ Peliee-Bepartment---one-member;
{53 signer-Store-Bepartment---one-member;
{b3 Finance;-Exeentive-and-Health-Bepartmeats---one-member;
{~~ Water-and-Parks-Bivision---'one-member-
Snbd--3---5elcetien-af-Emplegee-P4embers---Emplegee-members-shall-be-seleeted
bq-the-appropriate-emplegee-grenps-daring-the-month-ef-3sanargs--All-members
shall-take-effiee-en-the-first-daq-ef-Febrnarq-felle~aing-their-election-
the-clerk-shall-arrange-fer-aeeessarq-cleetiens-te-seenre-representation-as
hereinbefere-provided---Ne-eroplegee-member-ef-the-beard-shall-be-preelnded
from-completing-his-term-beesase-ef-transfer-er-promotion-
Snbdc-4---berm-ef-9ffiee-ef-Emplegee-P4embers---Emplegee-roerobers-ef-the-Em-
plegeesi-Adviserq-Beard-shall-serve-far-three-gear-terms-and-until-their
successors-ge~alifq---Emplegee-members-in-effiee-at-the-effective-date-ef '
this-section-shall-remain-in-effiee-until-the-expiration-ef-their-terms-
ORDINANCE CODE 35 CITY OF RICHFIELD, h11NNES0 fr'~
Subd. 4. City's Obligations. The city shall fully discharge its obligations
in behalf of those persons who became members of the Richfield Fire Depart-
ment Relieve Association and the Richfield Police Relief Association prior to
the-effeetide-date-ef-thia-erdinanee April 1, 1981, and shall also fully dis-
charge its obligations in behalf of those persons who become members of the
Public Employees Police and Fire Fund as required by this ordinance.
Subd--5- 2.38 Severability. Should any provision of this ordinance be found to
be invalid for any reason, the remaining provisions shall remain valid unless_
it appears that the remaining provisions are so incomplete as to be incapable
of being executed in accordance with the intent of this ordinance.
Snbd--6---}he-effeetitre-date-af-tkrs-erdiaaaee-sha}}-be-Agri}-}~-}989-
fBi}}-}9~9-24j--}~f2ff~9. 1
Passed by the City Council of the City of Richfield, Minnesota, this
day of 1982.
ATTEST:
City Cler
ORDINANCE CODE
Mayor
37 CITY GF RICHFIELD, 111NNE~O f,":
CITY OF RICHFIELD, MINNESOTA
Office of City :~ianaaer
Council Letter No. 209
Agenda June 20, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Purchase of Property, 6301 Portland Avenue
South and 6311 Portland Avenue South
Over the years the city has been acquiring property along
Legion Lake on Portland Avenue for park purposes. In 1981
the Gerads family at 6301 Portland Avenue and the Engelking
family at 6311 Portland Avenue indicated a desire to sell the
"back lot" of their property to the city. The 6301 property is
8.8' x 111.3' or about 980 square feet, and the 6311 property is
75' x 111.3' or about x,350 square feet. Essentially these are
properties that would face Oakland Avenue if that avenue had been
continued north. The attached sketch indicates the two properties
under discussion.
An independent appraisal has been conducted of the two
properties. In meetings with the Gerads and the Engelking
families, it has been agreed that the city would pay the Gerards
$441.41 for the approximately 980 square feet at 6301 Portland
Avenue South and the city would pay the Engelkings $3,75%.73 for
the 8,350 square feet at 6311 Portland Avenue South.
The Com_*nunity Services Advisory Commission has recommended
purchase of the properties and the Planning Commission found
that acquisition would be in conformance with the city's com-
prehensive plan and recommended in favor of acquisition.
Therefore, it is recommended that the city council approve
the acquisition of property at 6301 Portland Avenue South and
at 6311 Portland Avenue South for park purposes.
Respectfully submitted,
~~~ nl~:.l,.z.~,~,
Karl ~lollenberger
City ?tanager
KN/skh
cc: Community Services Director
#~
CITY OF RICHFIELD, MINNESOTA
Office of C ity !Manager
Council Letter No. 211
Agenda June 28 , 19£32
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Day Care Commercial 1982 Summer Season Pool Pass
Mrs. Susan Leuma is a licensed day care provider in the
City of Richfield. At the June 3, 1982 Community Service Com-
mission meeting Mrs. Leuma requested consideration be given to
allowing children in a Hennepin County licensed day care facility
to be included as part of the family in the purchase of a family
summer season pool pass. At the present time the policy for
family season pool passes provides for only members of the
immediate family and will distinguish between two families in
the same household. While the staff has not specifically recalled
other similar requests from licensed day care providers, requests
have been received for other baby sitting services, grandchildren
and cousins or friends visiting for a limited period of time in
the summer, and so forth. Mrs. Leuma estimates there could be 30
or more Hennepin County licensed day care providers in Richfield.
Hennepin County limits family day care to five children and
group day care to 10 children.
After discussion it was the recommendation of the commission
to the council that a one year trial period be instituted for the
1982 summer season to provide commercial season pool passes to
Hennepin County licensed day care providers who already have a
family season pass having paid $32 to $52 for same and that the
commercial pass be $5.00 per name and written for the number of
children licensed for day care (five or 10) regardless of the
number actually in the day care provision and that there be no
transfer of the pass to other children who may also be or may
later be included in the day care provision.
To use Mrs. Leuma as the example, the proposed commercial pass
would mean the Leuma family would need to purchase a regular family
season pass. Because their family includes the two parents and
four children, the price would be $52.00. For the commercial pass,
the Leumas are licensed for five children (family day care) and
would therefore need to pay $25 for the commercial pass despite
the fact there are currently only four children staying with the
Leumas as part of day care. Only those names listed at the time
of purchase of the commercial pass would be included on the pass.
Any additional or change in children in the Leuma day care would
need to pay the $1.50 daily admission or have their own season
pass.
Council Letter No. 211 -2- June 28, 1982
The city staff has checked with the City of Edina and with the
City of Bloomington to see if they offer a day care type pass.
Edina provides resident and non-resident individual passes and
resident and non-resident family passes with only members of the
immediate family eligible for inclusion on the family pass. For
example, an AFS student staying with the family must have a
separate pass and is not included on the family pass. Edina does,
however, allow children under five into the wading pool free with
a paying adult. In the City of Bloomington a season pass has a
base rate of $8.00 with no names included and a charge of $4.00
for each name on the pass plus tax. Additional names can be
added during the season for $4.00 each although there is no refund
and no transfer of names. With the approval of the pool director,
Bloomington has allowed day care names to be included on a season
pass.
The staff does not recommend the commercial pass become
available. Hennepin County licensed day care providers are just
one of many possible concerns potentially requesting special
passes. Of the licensed day care providers, only one request
has been made to the knowledge of the staff. The provision of
"special passes" could be endless when considering other babysitting
services, grandchildren, cousins, vacation church schools, out of
town guests, pre-school centers and so forth. The potentially
• endless variety of special passes could be an administrative
nightmare as well as add confusion to the public. If, in fact,
it is the goal to reduce the subsidy of the general fund to the
pool operation and program, it is important that each user pay a
"fair share." In the case of Mrs. Leuma and her request, she
indicated using the pool about three times per week, weather
permitting, for about one to one-half hours each time. For the
19£2 season, that would be about 36 uses in the 12-week season.
Each of the children under Mrs. Leuma's care could have an
individual season pass purchased by parents for $23.00, less than
$2.00 per week or about 65 cents per swim. If the parents were
not able to afford the season pass, there is the confidential
assistance program that is available. Staff realizes several
weeks of the 1982 season are already gone, but the institution of
a new special pass at this time would make it very difficult to
inform other potential users of the program in order to properly
test special rates. While the ticket system originally proposed
for 1982 would have solved some of the concerns expressed by
Mrs. Leuma, the institution of additional season passes would become
cumbersome to administer, difficult to make known to the public at
this time, and would not contribute positively to the pool financial
situation.
I
Council Letter No. 211 -3-
June 28, 1982
The Community Services Commission has heard the request
of Mrs. Leuma to include children in a Hennepin County licensed
day care facility to be included as part of the family on a
summer season pool pass and has recommended that rather than
include these children on the family pass, a special commercial
pass be made available for licensed day care providers. It is
the recommendation of the staff, in which I concur, that no
special, commercial, additional or other sunsner season pool passes
be made available except the individual and family passes now
approved by the city council.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/skh
cc: Community Services Director
•
• Name: Susan•Leuma
Address: 7645 - 11th Avenue South
Occupation: Richfield Day Care Provider
R~que~t: Inclusion of day care children as family members for family
season swimming patches.
I have lived at the above address since October 1971 and have provided day care
services in our home for many Richfield families since October 1973. I am licensed
as a day care provider by Hennepin County and I participate in the Quality Child
Care programs. My husband and I have four children; ages four to eleven; and I
also currently provide day care services from 7:00 AM to 5:30 PM, Monday through
Friday, for four Richfield children; ages two to four.
I would like to purchase a Richfield family season swimming pass and, with my
family of six, we would contribute the 552.00 family maximum. However, the season
pass and patch system, as currently defined, would not allow the day care children
to use the wading pool, while the rest of my family is swimming. Although the
children I care for are not legal dependents of mine, they are members of my
family; 7:00 AM to 5:30 PM, Monday through Friday. Therefore, as a Richfield Day
Care Provider, I request that day care children he included in the definition of
family members for family season swimming patches.
• I understand Mayor Hamilton and Councilman Bunce are interested in supporting
and encouraging Richfield da.y care providers. By including day care children
as family members, that support and encouragement would be visible with no or
minimal additional cost to the City of Richfield.
As a parent, I feel it is important for me to be present and visible as much as
possible while my own children are swimmin4. Other than the outdoor Wool, there
is no other swimming area in Richfield that provides a pool for my older children
and a wading Wool for the smaller children. I want to he visible for all my
children while they swim in a safe and clean area.
As a resident of Richfield, I want to support the Richfield community. I have
found that I can obtain a family season swimming pass at Valley View Pool in
Bloomington; that includes not only my own family, but also day care children;
for 533.50. I am willino to incur the additional 518.5D cost to support the
Richfield Pool and at the same time allow the children to swim a,ith their
friends in the Richfield community.
Thank you for your consideration in hearing my proposal and I trust you see
the benefits of my request and will take whatever action is necessary to include
day care children as family members.
~ ~~ o
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 210
Agenda June 2P, 19".-2
The Honorable Mayor
and
f~iembers of the City
City of Richfield
Council Members:
Subject
Council
Purchases in Excess $2,500
The city charter requires that the city council approve
purchase of merchandise, materials, equipment or construction
when the amount exceeds $2,500. There are three (3) such items
on the city council agenda for June 28, 1982.
RESURFACE BASKETBALL COURTS
The adopted 1932 park maintenance budget includes funding
for resurfacing of the basketball courts at Donaldson and Taft
Parks. Three quotations were received for this work. C and H
Construction quoted $5,200 while Daily and Sons Blacktopping,
Inc. quoted $4,800. It is recommended that the city council
approve this work to be done by Action Courts, Inc., in the
amount of $4,400.
STUMP CHIPPING
Each year the city has been chipping about 7,000-8,000
inches of stump which remains after trees have been removed,
primarily due to disease. Three quotations were received for
this work. Mike Charnic quoted $ .50 per inch and B and B
quoted $ .40 per inch. It is recommended that the city council
authorize a 1982 Master Purchase Order for stump chipping with
Richard Novak, at a unit price of $ .39 per inch.
FLOURIDE FEEDER SYSTEM
Two quotations were received for the equipment needed for a
flouride feeder system. Vessco, Inc. quoted $5,170. It is
recommended that the city council authorize the purchase of
the horizontal tank, transfer pump, calibrated tank, proportion-
ing pump, break tank and shelf and all necessary tubing and fittings,
excluding PVC line from transfer pump to calibrated tank, from
Feed-Rite Controls, Inc. in the amount of $3,560. The 1982
aopted water plant budget includes funding for the cost of
materials as well as labor to install the flouride feeder system.
Res ectfully submitted,
~~ ~~~~~
Karl Nollenberger
City Manager
cc: Community Services Director
tv
69 + E
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~~ B
CITY OF RICHFIELD, MINNESOTA
. Office of City Manager
Council Letter No. 203
Agenda June 23, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Amendment to Joint Powers Agreement
Richfield-Eden Prairie Public Safety
Communications System
On May 24, 1982, the Richfield City Council approved a Joint
Powers Agreement with the City of Eden Prairie to share and
jointly operate a public safety communications system. This
Joint Powers Agreement was approved by the Eden Prarie City
Council on June 1, 19~i2. ~~Then the Eden Prairie Council approved
the Joint Powers Agreement they also expressed an interest in
providing the opportunity for council liaison assiq_nments to
• the Management Board.
The approved Joint Powers Agreement established a Management
Board consisting of the City Managers and the Public Safety
Directors of the two communities. The Eden Prairie Council
would like the Richfield City Council to consider amending this
arrangement to allow each community to designate an "ex-officio"
council member to also be a part of the Management Committee.
A copy of the amendment proposed by the Eden Prairie
City Council is attached for your review and consideration.
Respectfully submitted,
~~.~~
Karl Nollenbera_er
City Manager
KI~1/skh
cc: Public Safety Director
ADDENDUM N0. 1
TO
JOINT AND COOPERATIVE AGREEMENT
• PUBLIC SAFETY RADIO DISPATCHING SERVICE
This Addendum No. 1 to Joint and Cooperative Agreement, Public Safety Radio
Dispatching Service between the City of Richfield and the City of Eden
Prairie ("Agreement") is made between the parties hereto as follows:
1. The first paragraph of Section 2 of the Agreement shall
read as follows:
"2. Management and Supervision. The operation of the
System, during the time that this agreement is in effect,
shall be under the supervision of a Management Committee
consisting of equal representation from both parties.
There shall be four members of such committee, consisting
of the city managers and public safety directors of the
parties. In addition, each party may designate one
Councilperson as an ex-officio, non-voting member of the
Management Committee for the purpose of providing a
liaison person between the Management Committee and the
respective City Councils."
Dated this _ day of 1982.
CITY OF RICHFIELD
By
Its Mayor - --- ---
By_ __ _ __
Its Manager
(CITY SEAL)
CITY OF EDEN PRAIRIE
By _ _
I t s ~~1 ay o r -- - - - -
By- ----- --- ----. _ _ _
Its Manager
(CITY SEAL)
$~
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 207
Agenda June 23, 1982
The Honorable D~ayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Relating to the Sale of
Drug Paraphernalia
During the last legislative session, legislation was
enacted which was aimed at prohibitingr the sale of drug para-
phernalia. This statute will become effective on August 1,
1982, on a state-wide basis. The cities of P~Iinneapolis and
Bloomington have both recently enacted ordinances aimed at
prohibiting the sale of drug paraphernalia. it is the opinion
of our city attorney and the Public Safety Director that the
Minneapolis and Bloomington ordinance codes are somewhat more
restrictive or specific in language than the statute which will
become effective in August.
There presently are no establishments within the City of
Richfield which are engaged in the sale of drug paraphernalia.
However, the Public Safety Director is concerned that the local
ordinances passed in Minneapolis and Bloomington may encourage
dealers in drug paraphernalia to establish their business within
our community. The city attorney's office has developed an
ordinance amendment dealing with drug paraphernalia sales. This
ordinance amendment is similar to the Bloomington and Minneapolis
provision, and generally more specific than the pending statutory
provisions.
It is the opinion of the Public Safety Director, in which
I concur, that it would be desirable for the City of Richfield
to adopt the attached drug paraphernalia ordinance. We see this
action as a preventive measure to discourage potential dealers
in drug related items from doing business in our community.
Respectfully submitted,
Karl Nollenberger
City t~ianager
K'~? / s k h
cc: Public Safety Director
City Attorney
AMENDMENT TO CHAPTER X,
PART III OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter X, Part III of the Ordinance Code prohibiting certain
types of conduct as misdemeanors is hereby amended by adding the
following new section:
"10.26 MISDEP~lEANORS - DRUG PARAPHERNALIA.
Subd. 1. Definitions. .The following
words and terms when used in this section
shall have the following meanings unless the
context clearly indicates otherwise:'
(1) Drug paraphernalia means all equip-
ment, products and materials of any land
which are used, intended for use, or designed
for use in planting., propagating, cultivat-
ing, converting, producing, processing,
preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise
introducing into the human body, a controlled
substance in violation of state statute or
this code. The definition includes, but is
not limited to:
(A) kits used, intended for use, or de-
signed for use in planting, propagating,
cultivating, growing, or harvesting of any
species of plant which is a controlled sub-
stance or from which a controlled substance
can be derived;
(B) kits used, intended for use, or
designed for use in manufacturing, compound-
ing, converting, producing, processing, or
preparing controlled substances;
(C) isomerization devices used, intend-
ed for use, or designed for use in increasing
the potency of any species of plant which is
a controlled substance;
(D) testing equipment used, intended
for use, or designed for use in identifying
or in analyzing the strength, effectiveness,
or purity of controlled substances;
(E) scales and balances used, intended
for use, or designed for use in weighing or
measuring controlled substances;
(F) diluents and adulterants, such as
quinine hydrochloride, mannitol, mannite,
dextrose, and lactose, used, intended for
_-__ use, or designed for use in cutting control-
led substances;
(G) separation gins and sifters used,
,_ ~_ _ ~ intended fors use;~-~or-designed-for=-use• in --.-,_..~_ _ ....-
removing twigs and seeds from, or in other-
wise cleaning or refining, marijuana;
(H) blenders, bowls, containers, spoons,
and mixing devises..-used,_,intended for use, or
designed for use im compounding controlled
substances;
(I) capsules, balloons, envelopes, and
other containers used, intended for use, or
designed for use in packaging small quantities
of controlled substances;
(J) containers and other objects used,
intended for use, or designed for use in
storing or concealing controlled substances;
(K) hypodermic syringes, needles., and
other objects used, intended for use, or
designed for use in parenterally injected
controlled substances into the human body;
(LJ objects used, intended for use, or
designed for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine,
hashish, or hashish oil into the human body,
such as:
(1} Metal, wooden, acrylic, glass,
stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish
heads, or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips, meaning objects used
to hold burning material such as a marijuana
cigarette which has become too small or too
short to be held in the hand;
(6) miniature cocaine spoons and cocaine
vials;
(7) chamber pipes;
• (8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
-:. {12) bongs; .. .._.. - 1
(13) ice pipes or chillers.
Subd. 2. Evidence. In determining
whether an object is drug paraphernalia, a
court or other authority should consider, in
addition to all other logically relevant
factors, the fallowing:
(1) Statements by an owner or by anyone
in control of the object concerning its use;
(2) prior convictions, if any, of an
owner or anyone in control of the object
under state or federal law relating to any
controlled substance;
(3) the proximity of the object, in
time and space, to a direct violation of the
controlled substance laws;
(4) the proximity of the object to con-
trolled substances;
(5) the existence of any residue of
controlled substances on the object;
(6) direct or circumstantial evidence
of the intent of an owner or anyone in control
of the object to deliver it to persons who
the owner or person in control knows, or
should reasonably know, intend to use the
object to facilitate a violation of this section
or of the controlled substance Laws. The
innocence of an owner or anyone in control of
the object as to a direct violation of the
controlled substance laws should not prevent
a finding that the object is intended for use
or designed for use as drug paraphernalia;
(7) instructions, oral or written, pro-
vided with. the object concerning its use;
(8) descriptive materials accompanying
the object which explain or depict its use; .
(9) national and local advertising con-
cerning its use;
(10) the manner in which the object is
displayed for sale;
(11) whether the owner or anyone in
control of the object is a legitimate supplier
of like or related items to the community,
such as a licensed distributor or dealer of
tobacco products;
(I2) direct or circumstantial evidence
of the ratio of sales of the object (s} to the
total sales of the business enterprise;
(13) the existence and scope of legit-
imate uses for the object in the community;
use.
(14) expert testimony concerning its
Subd. 3. Offenses.
(1) Possession.. It is a misdemeanor for
any person to use, or possess with intent to
use,. drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, com-
pound., convert, produce, process, prepare,
test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled
substance in violation of this ordinance or
state law.
(2) Manufacture or Delivery. It is a
misdemeanor for any person to deliver, possess
with intent to deliver, or manufacture with
intent to deliver, drug paraphernalia knowing
or under circumstances where one reasonably
should know, that it will be used to plant,
propagate, cultivate., grow, harvest, manu-
facture, compound,. convert, produce, process,
prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body, a
controlled substance in violation of this
ordinance or state law.
((3) Advertisement. It is a misdemanor
for any person to place in any newspaper,
magazine, handbill, or other publication, any
advertisement knowing or under circumstances
where one reasonably should know, that the
purpose of the advertisement, in whole or in
part, is designed on intended for use as drug
paraphernalia.
Subd. 4. Civil Forfeiture. A11 drug
paraphernalia as defined in this section are
subject to the provisions of Minnesota Statutes
1982, Section 152.19, Subdivisions 2 and 4, in
the same manner as if said forfeitures were
pursuant to Minnesota Statutes 1982, Chapter
152.
Subd. 5. Severability. If any provision
of this section or the application thereof to
any person or circumstance is held invalid, the
invalidity does not affect other provisions
or applications of this section which can be
given effect without the invalid provision or
application, and to this end, the provisions
of this section are severable.
Passed by the City Council of the City of Richfield, Minnesota
this day of 1982.
John Hamilton, Mayor
ATTEST:
Sylvia Bergh, City Clerk
i
CITY OF RICHFIELD, P~'IINr?ESOTA
• Office of City Manager
Council Letter No. 206
Agenda June 23, 1982
The Honorable Mayor
and
Members of the City Council
City of Richf field
Council Members:
Subject: Fire Relief Association Repeal of Obsolete
Language
During the 1982 legislative session, the Richfield Fire
Relief Association sponsored legislation which repealed out-
dated legislation pertaining to the local relief association
laws. All of the 1961 and 1968 laws which were repealed have
been superseded by subsequent legislation. The purpose of the
1982 action was merely housekeeping in nature.
Prior to any special legislation being finalized, it
requires the approval of the local city council. For that
reason, the city attorney has drawn up the enclosed resolu-
tion for council consideration. It is recommended that the
city council approve this resolution at the June 28 council
meeting.
Respectfully submitted,
C'~
Karl Nollenberger
City Ian ager
KN/skh
cc: City Attorney
Public Safety Director
Steve Sutter, Secretary of Fire Relief Association
RESOLUTION
APPROVING LAWS 1982, CHAPTER 406
WHEREAS, Laws 1982, Chapter 406, entitled "An Act Relating
to Retirement; Richfield Firefighters Relief Association;
Eliminating Various Obsolete Special Law Provisions; Vali-
dating Certain Prior Payments or Actions; Amending Extra
Session Laws 1961, Chapter 28, Section 14; Repealing Extra
Session Laws 1961, Chapter 28, Sections 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12 and 13; and Laws 1963, Chapter 464" requires
approval of the city council of the City of Richfield,
BE IT RESOLVED by the city council of the City of Richfield
that Laws 1982, Chapter 406, is hereby approved. Adopted by
the council this day of June, 1982.
Mayor
City Clerk
SEAL
STATION N0. 1 6700 PORTLAND AVE.
STATION N0. 2 6401 PENN AVE. s0.
Telephone: 069-7521
',~2icli~ieed ,f ize ~1.7epaztrnent ~2eeie~{ o~ddvciativn
6700 PORTLAND AVE. ~ RICHFIELD, MINNESOTA 55423
City of Richfield April 28, 1982
Karl Nollenberger, City Manager
City Council
Dear Karl,
Attached is a copy of H.F. No. 1948 Chapter No. 406
relating to the repeal of obsolete Special Law provisions
of Extra Session Laws 1961 chapter 28 as per our conversations
in January. The bill was recent]y passed by the Legislature
and signed by the Governor.
The Act becomes effective upon approval by the City
Council. Therefore, we request this item be placed on the
Agenda of an upcoming Council Meeting. Please notify us
and we will plan to attend to answer queries about the action.
Thank you for your assistance. Please contact Jim Case
or me if you have further questions. ~~;-
SinFere y1
;~ ~ ;`(-v
.,
Steve Sutter, RFDRA Secretary