1974-05Bill 1974-5
AN ORDINANCE
RELATING TO PERSONNEL COMPENSATION
AND WORDING CONDITIONSo AMENDING
RICHFIELD CODE: OF ORDINANCES SECTION
2, . 28 BY ADDING A SUBDIVISION° SECTION
2.33, SUBDIVISION I1 and 16g SECTION 2.34
SUBDIVISION 2 g CLAUSE ($) AND SUBDIVISION
5, CLAUSE (3) (a) AND SECTION 2.38P REPEAL-
IIv'G RICHFIELD CODE OF ORDINANCES SECTION
2.33, SUBDIVISIONS 13 and 17, CLAUSE (2) AND
(3)Q SECTION 2.34a SUBDIVISION 2, CLAUSES
(6) AND (7) , SUBDIVISION 3 , CLAUSE (2) (e)
SUBDIVISION 5, CLAUSES (3) (c), and (3) (d)
AND SUBDIVISION 7~ AND RENUMBERING
SECTION 2.37 OF THE CODE OR ORDINANCES
CITY OF RICHFIELD DOES ORDAIN:
The Richfield Code of Ordinances is amended in the following respects:
Section 2.28 is amended by adding a subdivision to read:
"Subd . 6 . Labor Contracts . _Contracts entered into pursuant to the Public
Employment Labor Relat~.ons Act of 1971, as amended, between the city and the
exclusive representative cif employees in an appropriate bargaining unit shall
be implemented by council resolution. All matters relating to the terms and
conditions of employment of employees in an appropriate unit to which such
contract and resolution relate are governed by the terms of the contract and
resolution and not by the provisions of this Part. All other provisions of this
Part apply to employees of the appropriate bargaining units. "
Section 2 .33 , Subdivision 11, is amended to read:
"Subd. 11. Recall Pad: Permanent employees w:~.o are recalled to work
after the completion of their regular work day by their superior shall receive a
minimum of two houx°s pay for each call. [ In the case of fire personnel., recall.
pay shall be at time and one-half of the hourly rate, determin~;d by dividing
the employee`s bi-weekly rate by 80 hours.]
Section 2.33, Subdivision 16, is amended to read:
"Subd. 16. Amount of Payrr.ento Eligible employees shall receive a long-
evity payment of 1% based on current bi~=weekly base salary upon completion of
five years of service. [Police, fi*~e and general services personnel only shall
in addition receive a longevity payment of ] and 2% after completion of 10 years
of service based upon the employees current bi2~weekly base salary. Longevity
increments shall be paid i.n addition to regular co~ripensation and xriay be incor~
posted with regular pay checks."
Secti,c~n 2.34a Subdivision 20 Clause (8) is amended to read.
"(8). Administration of Holiday Leave. In rase of shift employees, [ in=
eluding police and fire employes] holiday leave taken at a tine other than
a holiday must be approved by the department head and shall be charged as
used in amounts of not less than four hours. "
Section 3 .34 o Subdivisiion 5 ~ Clause (3) (a) ® is amended to read:
"(3) (a) Permanent Employee Sick leave shall be accrued for all per.~?1an®
ent, fulltime employees and permanent fulltime probationary employees [except
fire personnel who work as shift employees and per°sonnel filling positions in
the public works pay plan] at the rate of. one working d.ay per month of eateries
until 100 days of sick leave have been accumulated and then at the rate of one
fourth (1/4} working day for each calendar Ynonth of service or major fraction
thereof with no maximut~. accumulation. "
Section 3.38, Subdivision 1, l.s amended to read:
"Subd. 1. ' Procedure. An employee who has a grievance may avail himself
of tyre grievance procedure herein outlined . All grievances must be filed within
twenty-one (21) calendar days after the occurence of the grievanceo otherwise
the right to file a grievance is forfeited and no grievance is deemed to exist.
Such. employee must submit his gr°ievance in the following sequence:
(1) His division head ~ first step
(2) His department head _ second step .
(3) The personnel director ®third step
(4) The city manager T Tina 1 step .
Section 2.38, Subdivision 4 is amended to read:
"Subd o 4 . Decision Time Limits for Appeals . 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 decision in the first step shall be r.°endered
within five working days of presenting the grievance at the second step level.]
The divisie~n head shall render a decision within seven (7) calendar days after
receipt of the grievance .
(2) Second Step. ~ The decision in the second step shall be ren~
/ dared within five working days of presenting the grievance at thy; second step
level.) If the grievance is riot sett?~;d in Step 1 fl and the erX"iployee desires to
appeal, the gri.e.rance shall be presented in writing to the department head within
seven (7) calendar days after the divt~~~ . h~ad° s answer in the first step. The
department head shall render a decision within ten (10) calendar days after
receipt of the grievance
(3) Third Step. [The decision in the third step shall be rendered
within five (5) working days of presenting the grievance at the third step level.
If the grievance is not settled in Step ~ and the employee desires to appeal, the
grievance shall be presented" in writing to the Personnel Director within seven (7)
calendar days after the department head's answer in the second step. The Personnel
Director shall render a decision within ten (10) calendar days after receipt of the
grievance .
1
(4) Fourth Stepo [The decision in the fourth step shall be rendered
within thirty (30) working days cif presenting the grievance at the fourth step level.]
If the grievance is not settled in Step 39 and the employee desires to appeal, the
grievance shall be presented in writing to the City Manager within seven (7) cal-
endar days after the Personnel Directoras answer in the third step. The City Manager
shall render a decision within fifteen (15) calendar days after receipt of the grievance.
(5) 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 that step and immediately appeal the grievance to the next
step. The time limits in each step may be extendEd by mutual written agreement.
Section 2.38 is amended by adding a subdivision to read:
"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 procedure
established in the employee's respective Labor contract.
Section 2.37 of the Cade, appearing at page 21.1Y~, is renumbered as Section
2.37A.
The following subdivisions and clauses of the code are repealed:
Section 2.33, Subdivision 13;
Section 2.33, Subdivision 17o Clause (2)P
Section 2.33, Subdivision 17, Clause (3)e
Section 2.34, Subdivision 2, Clause (6)F
Section 2.34, Subdivision ~'; Clause (7)0
Section 2.34, Subdivision 3, Clause (2j (e)~
Section 2.34, Subdivision 5, Clause (3) (c)~
Section 2.34, Subdivision 5, Clause (3) (d)o
D
Section 2.34, Subdivision 7,
;.
~~ ~, ;;,
~,
Passed by the city council this 22r~$l day of Ap~i1 .174'. ~i
'~ ~;' ~ _
Thomas j . Moran City Clerk
--- .~ ~
Laren L. Law ~'~,~ ~ IV~ayor
~n.N w •~~F~w,'k Y'
S UN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD ,S'UN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
County of Hennepin SS.
~" ~l ) ~~ ~~~fr
S oe
,:~~1-r
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Richfield Sun
and has full knowledge of the facts herein stated as follows: (1) Said newspaper
is printed in the English language in newspaper format and in column and sheet form
equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and
is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average o!
at least 75% of its total circulation currently paid or no more than three months in arrears
and has entry as second-class matter in its local post-office. (5) Said newspaper purports to
ve the City of Richfield in the County of Hennepin and it has its known office of
e in the Cityi of Bloomington in said county, established and open during its regular business
r.s for the gathering of news, sale of advertisements and sale of subscriptions and main-
ned by the managing officer or persons in its employ and subject to his direction and con-
trol during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related' thereto. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary oP
State of Minnesota prior to January 1. 1966 and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and
sworn to before a notary public stating that the newspaper is a legal newspaper.
"(8). Adminiatratioa of Holiday Leave.
In case of shift employees, (including po-
lice and fire employees) holiday leave
taken at a time other than a holiday must
be approved by the department head and
shall be charged as used in amounts of not
less than IJ .:';fig, ~Y;
Section~~t'98tsiPl S:~kause (3)
(a ), is ametModdlf seed:'. ,»
' (S)(a)RermaieMEmployee.Sick
leave shall be accrued for all permanent,
fulltime employees and permanent full-
time probationary employees (except fire
personnel who work as shift employees
and personnel filling positions in the pub-
lic works pay plan) at the rate of one
working day per month of service until
100 days of sick leave has been accumu-
lated and Wen at the rate of one-fourth
(ya) working day for each calendar month
of service Ormajor fraction thereof with
no maximum attvmulation."
Section 2.38, Subdivision 1, is amended
to read:
"Subd. 1. Procedure. An employee who
has a grievance may avail himseH of the
grievance procedureherein outlined. All
grievances must be filed witbia twenty-
one (21) calendar days after the occur-
rence of .the grievance, otherwise the
right to file a grievance is forfeited and no
grievanceis deemed to exist.
Such employee must submit his griev-
ance in We following sequence:
(1) Ris division head -first step
(21 His department head -second
step
(S) .The persomel .director - Wrid
step
(4) The city manager-final step
Section 2.38, Subdivision 4 is amended
to read:
"Subd. 4: Decision Time limits for
Appeals, 17ie decision in an appeal shall
be made as follows (excep~that failure to
receive a deasWtt Mall" title the em-
ployee toappeal at thei)eiti;s6~`p ):
tl l Flei! erne. fT4ie ilei414ion'fn the first
days ofpr~ -at the
second step lave€'1 shall
reader a wr~aen' , rea-
sons for t4r.. , ._ '. eo (7)
calendar dYys'.. , ..e Briev-
(2) Secmd Step ('S'Mecision in the
second step shall be rendered wiWin five
working days of presenting the grievance
at We sernnd step level.) If the grieva~e
is not settled in Step 1, and the employee '
desires to appeal, the grievance shall be
bead within seven calendar days after
the divistoa head's answer in the first
step. The department head shall reader a
written decision giving the reasoasior the
decisioa within ten (101. calendar days
after receipt of the grievance.
(3) Third Step. (The decision in We
Wird step shall be rendered within five
(5) workmg days of presenting We griev-
ance~at the Wird step level.) H the griev-
ance is not settled is Step E and We em-
ployee desires to appeal, the grievance
sonnel Director within seven (7) calendar
tor shall render a written decisioa, giving
--------- shell be presented io writing la the Per-
(OHicisl Publication) days after the department head's answer
Bill 1974-5 f° ~ re~ ~' ~ Persomel Direc-
AN ORDINANCE RELATING TO PER- ~ the reasons for the decision, wiWin tea
s!11 OT'd12"1cLl:C2 -~1~1. 1 q7 SONNEL COMPENSATION AND (10) ealender days after receipt of the
He further states on oath that the printed WORKING CONDITIONS: AMENDING gr(4ewFcoaTth Step. (The decision in the
hereto attached as a part hereof was cut from the columns of said newspaper, and was RICHFIELD CODE OF ORDINANCES fourth step shall berettderedwiWinWirt
SECTION 2.28 BY ADDING A in y
.SUBDIVISION: SECTION 2.33, SUBDI- (SOl.work gdaysofp'~esentingWegriev-
VISION 11 AND 18; SECTION 2.34 SUB- ance at the aural step level.) H the grtev-
DIVTSION 2, CLAUSE (81 AND SUBDI- artce is not settled io Step 3, and the em-
VISiON S, CLAUSE (31(a) AND SEC- ployee desires to appeal, the grievance
TION 2.38: BY ADDING A ~~ ~ presented in writing to the City
and published therein in the English language, once each week, for CnF' successive SUBDIVISION: REPEALING RICH- Manager within seven 17) calendar days
FIELD CODE OF ORDINANCES SEC- after We Persosaiel Director's answer to
TION 2.33. SUBDIVISIONS 13 AND 17 the third step. The City Manager shall
CLAUSE 121 AND 13); SECTION 2.34, render a written decisioa giving reasons
SUBDIVISION 2, CLAUSES 161. AND 171, for the decision, within fifteen (IS) calen-
'],'jPurrU ?5 ~!~'1"'1.~.. SUBDIVISION 3, CLAUSE l21 let SU8 dardaysatterreceiptctthegrtevance.
that it was first so published on the day of Ij1V15ION 5, CLAUSES 131 Ic),' and 131 (5) Waiver. IT a grkvance is not. pre-
(dl AND SUBDIVISION 7; AND RE- seated wit)dnthrtlme limits set tomb
NUMBERING SECTION 2.37 OF THE above,,h shall be-considered ''waived". H
CODE OF ORDINANCES. a grievance is not appealed to the-next
C[TY OF RICHFIELD DOES ORDAIN: step within the- specified time limit, it
and was thereafter printed and The Richfield Code of Ordinances is shall be cottaidered settled oo the basis of
published on every to and Inc amended in the following respects: We employer's last answer. If the em-
Section 2.28 is amended by adding a plover does not answer a grievante or as
subdivision to read: appeal -thereof within Ike specified time
"Subd. 8. Labor Contracts. Contracts .limits, the empbyee may eleM to treat
entered into pursuant to the Public Em- the grievance as denied at that step aad
the day of _, 19~ and that the following is a printe< ployment Labor Relations Act o[ 1971, as immediately appeal the grievance to the
amended, between the city attd the exclu- aext'siep. The dme limas io each step
the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as live representative of employees in an may be extended by mutual written
size and kind of type used in the composition and publication of said notice, to-wit: appropriate bargaining unit shall be im- agreement:
plemeated by rnuncil resolution. All mat- Section 2.38 is amended by adding a
abcdefghijklmnopgrstuvwxyz tern relating to We terms and conditions subdivision to read:
abcdefghijklmnopgrstuvwxyz of employment of employees in an appro- "Subd. 8. Aa employee who iaa mem-
priate unit to which such contract and bar of an appropriate bargataing unit as
' resolution relate are governed by the' provided by the Public Employment La-
terms of the contract and resolution and bar Relators Act of 1971 as amended
sot by the provisions of this Part. All nth- ~~ not be able m avail himseU of the
er provisions of this Part apply toemploy- ~ grievance procedure set forth harem. In-
ees of the appropriate bargatoiag units.' stead the employee may process the
Section 2.33, Subdivision 11. is uge~ded ~ vaaee eccordina_t~he ¢rievance
to read: e's
Subd. 11. Recall Pay. Permanent re velaborcmtraM. -~
~ employees who are recalled to work after tjon 2.37 of We Code, appeatiag. a"C~
Subscribed and sworn to before me this ~ day of P.t"IY'1l 1• the completion of.Weir regular work day page •21.10 is renumbered as Section
by their superior shall receive amini-, ~ ~~A.
mum of two hours pay for each call (in - ~"'~ foHOwing subdivisions and clauses
the case of fire personnel, recall pay shall vt ~ code are repealed:
~tarial Seal) be a time and one-half of the hourly rate. tgection2:33, Subdivision 13; s:
determined by dividing the employee's bi- SerElion 2.33, Subdivision 1T; Clause 121;
~t :weekly rate by 80 hours. l" Section 2.33, Subdivision 17, Clausel31;
~~/L~_ Section 2.33, Subdivision l6, is amended $eotion 2.34, Subdivision 2 Clau5e161;
to read: Sec~oh 2.34,Subdivistttn2 Cl~iise:171:
"Subd. 16. Amount of Payment. F.ligi- S~S'ott 2.34, Subdivisiod'3; Clause 121
bie employees shall receive a longevity le) ~,,. ~:!~ '.' ~-
Totary Public, Hennepin County, Minn. payment of t'7,, based on current bi-week- Se'r.F~pn 2.34 SubdiV 131
ly base salary upon completion of five (C1, x~ i31
Expires April 18th, 1979. years of service. (Police. fire and general Secti,pti~2:34,Su
services personnel only shall in addition {dl: ~`'_'~ ,„_..^
receive a longevity payment of 1 and 2 /. Section 2.34, Subdivis -.
after completion of 10 years of service -' passed by the city councilt is 22nd day
based upon the employees current bi- of April, Y974. LORFN L.j:AW
weekly base salary. Longevity incre- ~~ Mayor
merits shall be paid in addition to regular ATTEST:
compensation and may be incorporated THOMASJ.MORAN
wiW regular pay checks."
Section 2.34, Subdivision 2, Clause 181 is City Clerk (April 25 1974 i-~-HN
amended to read: