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02/25/1982 - City Council Speciall f SPECIAL CITY COUNCIL MEETING FEBRUARY 25, 1982 7:00 P.M. I. Roll Call & Adoption of Agenda II. 1982 Budget Adjustments III. Personnel Committee Considerations IV. Public School Facilities Discussion V. City Hall Expansion VI. Paratransit Slide Show VII. Other VIII. Adjournment MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 23, 1982 SUBJECT: SPECIAL CITY COUNCIL MEETING/FEBRUARY 25, 1982 A special meeting of the Eagan City Council was set at the last regular meeting held on February 16, 1982 to specifically discuss 1982 Budget adjustments, recommendations presented by the Personnel Committee and to view a slide show on the proposed paratransit system. One additional item was added to the agenda at the request of Mayor Blomquist which is a discussion of public school facilities located within the City of Eagan. This agenda item is quite general and therefore allows for discussion on any aspect of public schools or school systems located within our community. Originally, the City Council wanted to view the paratransit slide show as the first item on the agenda. However, due to a conflict with the City of Apple Valley (it is their regular City Council meeting evening), it will not be possible to view this slide show until approximately 9:00. There should be enough discussion regarding the first items on the agenda that the slide show presentation from 9:00 to 9:15 p.m. will work quite well on the scheduled agenda. The City Administrator has received a response from the project manager of the paratransit study, representing the Metropolitan Council and a copy of that letter is enclosed for your review. Also enclosed is a copy of a letter that was sent by the City Ad- ministrator to the Metropolitan Council. Also on the agenda is the City Hall expansion. The City Administra- tor will provide a brief outline and time table for the City Hall expansion project. There should be a brief discussion on how the City Council wants to proceed with selection of an architect to draw up tentative plans as well as prepare cost estimates for a bond referendum. Information will be available for review at the special meeting. Informational The City Administrator would like direction from the City Council regarding the jail facility. Each member of the City Council should have received a letter from County Commissioner Voss regarding site selection for a law enforcement facility in the City of Eagan. Also enclosed for your information is a copy of any appeal notice from Ken Ketchum, George Sanborn and Phil Gjevre regarding the storm sewer improvement assessments for Project 257. \ `\ N 4 City A ministrat I t/ BEA SLOMOUIST MAYOR THOMASEGAN JAMES A. SMITH JERRY THOMAS C,2 THEODORE WACHTER COUNCIL MEMBERS January 19, 1982 •t CITY OF EAGAN &7795 PILOT KNOB ROAD 10X]1199 -: EAGAN,'MINNESOTA -•�.N...` PHONE 454-8100 NATALIO DIAZ PROJECT MANAGER L� METROPOLITAN COUNCIL 300 METRO SQUARE BUILDING 7TH & ROBERT STS"" ST PAUL MN 55101 Dear Mr. Diaz: THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERREKE CITY CLERK I am writing this letter on behalf of the Eagan City Council to request specific information regarding the goals, objectives and status of the pro- posed paratransit system. According to our records, a preliminary applica- tion that was made by the Metropolitan Council on behalf of the Cities of Apple Valley, Burnsville and Eagan in early 1978 read as follows, "to demonstrate a paratransit system that would serve the 'communities of Apple Valley, Burnsville and Eagan which would provide local circulation .needs and provide a collection and distribution system for regular route transit, in a manner consistent with the paratransit development guide plan." This study was later expanded to include the Cities of Lakeville, Rosemount and Savage. The objectives of the study further indicate that the para - transit project was to: 1. Improve accessibility to regular route transit; -" 2. Determine what regular route transit is unable to provide that could be provided through paratransit; 3• Determine if the paratransit system would be utilized by drivers and passengers and at what price the service would be used. The original project description suggested van service for shopping and major employment centers throughout the six cities. In addition, the para - transit proposal was intended to compliment the existing MTC regular route system. It is the City of Eagan's understanding that the paratransit study will be completed by the 'consulting firm of Cambridge Systematics, hired by the Metropolitan Council. The City of Eagan is concerned that many of the objectives and the project description as originally proposed for a para - transit study have been changed during the past two years. Apparently, a bus service is now under consideration that would act as an alternative to the MTC bus service. The City of Eagan realizes legislation exists that allows this alternative; however, a full fledged bus service was never con- sidered as an alternative. 8� THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. L City of Eagan/Paratransit January 19, 1982 Page Two The City of Eagan has several concerns it would like to have addressed before the paratransit study proceeds too much further: 1. What exactly are the goals and objectives of the paratransit study? 2. What are the various alternatives for financing the paratransit system? 3. How will .transportation be provided to those individuals who need to get to and from the Minneapolis and St. Paul areas? 4. What happens if one of the six cities wants to opt out of the para - transit system? 5. Does the paratransit sutdy/system have any priorities? If so, what are they? The City of Eagan is very concerned that the paratransit study has expanded into more than originally planned without adequate communication between the Metropolitan Council and the six communities. By addressing the concerns I noted previously, 1 feel the Eagan City Council would have a better understanding of what is happening with paratransit. sincerely, Thomas L. Hedges City Administrator TLP/hnd cc: Betty Schaumberg Ed Brunkhorst 0 .O February 11, 1982 Mr. Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55122 Dear Mr. Hedges: ¢ z1vir, CI'rl�y 300 Metro Square Building Saint Paul, Minnesota 55101 Telephone 612/291-6359 In response to your letter of January 19, 1982, I would like to assure you that the paratransit study is proceeding in line with its original goals and objectives. The purpose of the study is to determine if a cost effective para - transit system can be designed to serve the internal circulation needs of communities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount, and Savage. As a note of clarification, in 1978, the Metropolitan Transit Commission (MTC) submitted a preliminary paratransit application to the Minnesota Department of Transportation (Mn/DOT) on behalf of the cities of Apple Valley, Burnsville, and Eagan. This project was not funded by Mn/DOT. While there are similarities between the current paratransit study and the project that was proposed in 1978, they are different studies. In your letter, you asked for answers to five questions. I will respond to each of the questions separately. 1. WHAT EXACTLY ARE THE GOALS AND OBJECTIVES OF THE PARATRANSIT STUDY? The goal of the paratransit study is to determine whether an affordable para - transit service can be designed to serve the communities of Apple Valley, Eagan, Burnsville, Lakeville, Rosemount and Savage. The study is divided into two phases. During the first phase, the feasibility of designing a checkpoint paratransit service as compared to other paratransit alternatives will be determined. During the second phase, a computerized dis- patching system would be designed if warranted. The Metropolitan Council received a $95,000 grant from UMTA to assist the communities in the above two phases of the study. The project currently is mid -way through the first phase, the feasibility analysis and a final report is expected in May. The second phase would be carried out only if the cities decide to implement a system; therefore, its time frame cannot be accurately projected. An Agency Created to Coordinate the Planning and Development ofthe Twin Cities Metropolitan Area Comprising: Anoka County C Carver County 0 Dakota County � Flennepin County Ramsey County o Scott County 0 Washington County Mr. Thomas L. Hedges Page 2 2. WHAT ARE THE VARIOUS ALTERNATIVES FOR FINANCING THE PARATRANSIT SYSTEM? If a paratransit system is feasible, financing of such a system will be determined by the participating communities. Financing decisions will be difficult to make; city councils will have to determine how much the service will benefit the communities and how much they are willing to allocate for such a service. Other sources of funds from the private sector and the state and federal governments will also have to be explored. 3. HOW WILL TRANSPORTATION BE PROVIDED TO THOSE INDIVIDUALS WHO NEED TO GET TO AND FROM MINNEAPOLIS AND ST. PAUL AREAS? The purpose of this study is to determine the feasibility of a paratransit system to serve the intercity needs between the six participating communities. This study will not attempt to reorganize, reorient or replace any of the MTC routes currently serving the communities. It may, however, address the access of the paratransit system to the existing MTC service. While 1981 legislation permits certain communities to explore alternatives to MTC service, this study is not designed to accomplish this task. 4. WHAT HAPPENS IF ONE OF THE SIX CITIES WANTS TO TV CT M9 The decision to be part of a paratransit system belongs to the city council of each community and opting out of the system will be the privilege of the city council. 5. DOES THE PARATRANSIT SYSTEM HAVE ANY PRIORITIES, IF SO, WHAT ARE THEY? While the study has goals and objectives, it has no priorities other than to assist the communities in determining if a paratransit system is feasible and affordable. I hope this letter addressed your concerns. Please don't hesitate to contact me if you need further clarification. Sincerely, /y/%L.4• Natalio Diaz Project Manager cc: Betty Schaumburg Ed Brunkhorst Kathy Ridder Gayle Kincannon ND:lh LA271A a IL STATE OF MINNESOTA COUNTY OF DAKOTA IN DISTRICT COURT FIRST JUDICIAL DISTRICT PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt o6 the 20. dppWAat by the City viotated the rights o& the above-named appettanta said aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at. A, V_ Kenneth P. Ketcham Attorney 6o)t AppettanU 1456 Vankee Ooodte Road Eagan, MN 55121 454-8440 Kenneth P. Ketcham and LoiA M. Ketcham, GroiL_qe C-Sanbolut and Lynette Sanborn, Phitip W. Gjevke and Jane Gjewle, AppettantA, VA. NOTICE OF APPEAL CITY OF EAGAN, Respondent PLEASE TAKE NOTICE that the above -nand property ouxeu, hereby appeat. 4Aom the a64usment Levied on their. property (Lot 9, Stock 2, Oak Chase 2nd Addition Lot 20, Stock 1, 10itdume66 Park Addition, and Lot 3, Stock 1, Oak Chase 3rd Addition) dor Storm AeWeA improvements identi6ied az Project NumbeA 257; zaid a6seA4ment wa6 tevied by the City o6 Eagan on FebAua,%Y 16, 1982. The basis o6 the a66eAAment appeal inctudeA, but shat[ not be Limited to the 6ottowing, to -wit: The amount od assessment exceeds the zpeciat behe6it6 con6eAed upon the above appettantA pADpeAty by the in6tattation and opeAation oj said project. 2. The a&ea beAe6ited exceeds the aAes a66eAAed in contravention o6 MinneAota .......... . . 3. The azAeA4&ed aAea was detuonLned in on a&haAaoLy and ou4 capnici manner. 4. The method od apphaizat u6ed by the City u&u erroneous and in contravention o6 Minnesota Law. 5. The p&ject uku not d tocoat impitovement uVJtin the meaning oj Chapter. 429 and thus not eligi6te do& Speciat AszeAAment 6inaneing. PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt o6 the 20. dppWAat by the City viotated the rights o& the above-named appettanta said aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at. A, V_ Kenneth P. Ketcham Attorney 6o)t AppettanU 1456 Vankee Ooodte Road Eagan, MN 55121 454-8440 MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 22, 1982 SUBJECT: 1982 BUDGETARY REVISIONS Due to the anticipation of a reduction of state aids, a freeze on many budgetary expenditures was authorized by City Council action on November 17, 1981. Recently, action was taken by the Minnesota Legislature to reduce local government aid $39,309 and homestead credit by approximately $7,821 and shade tree grant monies by $5,000. At the January 19, 1982 City Council meeting, the City Administrator was directed to prepare budgetary adjustments totaling $52,130 to the 1982 Budget for future consideration by the City Council. The City Administrator has coordinated a proposed budgetary reduction for the 1982 Budget through involvement of all department heads. Adjustments for consideration are listed below: Administration Office Supplies Postage General Printing Finance/Clerk/Elections Salaries & Wages Printed Material Electronic Data Processing Other Contractual Services Planning & Zoning Professional Services General Government Buildings Building Repair Supplies Electricity Buildings Repair Miscellaneous $ 200 500 900 $ 1,600 $ 1,000 340 1,000 . 1,500 3,840 1,402 1,402 $ 100 300 200 75 675 1982 Budgetary Revisions Memo February 22, 1982 Page Two Police Fire Teleprocessing Equipment Conferences & Schools Other Equipment Furniture - Office Operating Supplies Miscellaneous Repairs Miscellaneous Supplies Salaries & Wages $ 3,570 600 5,000 1,000 1,270 800 600 6,528 $19,368 Waste Removal $ 4,000 Machinery & Equipment Rentals 200 General Print & Binding 60 Protective Inspection Professional $ 2,000 Reference Materials 100 Animal Control Mobile Equipment Public Works/Engineering Salaries, Wages & Benefits Streets & Highways Salaries, Wages & Benefits Other Equipment Repair Other Contractual Services Parks & Recreation 4,260 2,100 $ 500 500 $10,355 10,355 $ 1,000 1,000 200 2,200 Salaries & Wages - Temp. $ 4,000 Shade Tree Program 2,000 6,000 Total General Fund Reductions $52,300 1982 Budgetary Revisions Memo February 22, 1982 Page Three Each department head submitted departmental reductions varying from 1.5% - 2.0%; however, in some cases, the amounts were higher. The City Administrator evaluated the total list of suggested revisions and the aforementioned items are recommended as a 1982 budget reduction for the General Fund. There is support documenta- tion on all proposed reductions that will be available for review at the meeting on Thursday. Approximately 54% of the proposed reductions are salaries and professional services. Capital expendi- tures represent approximately 21% of the proposed reductions, while the remaining 25% is spread over several operating expenses. New programs are for the most part delayed. Some existing programs will be cut slightly; however, the impact of the cutback should cause minimal hardship for the public when realizing the total amount to be cut is approximately 1.6% of the total General Fund Budget. �,'" fA" ity Administrator MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 23, 1982 SUBJECT: PERSONNEL COMMITTEE MEETING/2-11-82 The Personnel Committee, made up of Chairman City Councilmember Tom Egan and City Councilmember Ted Wachter, met with the City Administrator on February 11, 1982 at 4:30 p.m. in the office of the City Administrator. The purpose of the committee meeting was to gather facts and prepare recommendations for consideration by the City Council regarding the three (3) following items: Compensatory Time for Supervisory Employees 2. Vacation Schedule for Supervisory Employees Fire Department Policies a. Limited Duty Fire Fighters b. Chief Childers' Action Regarding Additional Daytime Fire Fighters The Committee reviewed a memorandum that was prepared by the City Administrator (a copy is attached for your review) that expressed his concern over the amount of compensatory time that is recorded as official payroll information for supervisory employees. Because the total number of hours is considerably high, the Personnel Com- mittee was concerned that, unless a policy is considered that regu- lates the use and accrual of compensatory time, the City could be exposed to an enormous liability when supervisory employees leave City employment. The Personnel Committee reviewed several alternatives and, based on their findings, recommended that super- visory employees receive up to a maximum addition of 100 hours transferable from compensatory time to vacation time in exchange for supervisory employees giving up all recorded compensatory time. In the future, employees would record actual hours worked; however, there would be no consideration for compensatory time. Since the Personnel Committee meeting, the City Administrator has reviewed the personnel files for each of the supervisory employees, and apparently, certain supervisory employees were given the under- standing by former City Councils that they would be given compensa- tory time off in the form of actual time off or a cash payment. The City Administrator supports the recommendation of the Personnel Committee; however, the issue could become sensative due to various letters and understanding of employment for a number of the super- visory employees. The City Administrator will comment in further detail on this matter at the meeting on Thursday. Personnel Committee Memo February 23, 1982 Page Two 2. Vacation accrual for supervisory employees ties directly to compen- satory time, realizing that certain employees have used compensatory time rather than vacation and therefore have built up larger vaca- tion accrual balances. Once the compensatory time issue is resolved, more than likely there will not be any issue with the vacation schedule as it relates to supervisory employees. The Personnel Committee has no recommendation due to these findings. 3. Fire Department. Item a. Limited Duty Fire Fighters -- The Personnel Committee discussed in some length the question of whether a fire fighter, once injured, should be granted limited duty and therefore qualify for a full twenty year pension upon completing twenty years of service as a firefighter. The Personnel Committee feels strongly that there should be a cut off time for years of service if limited duty is to be considered for a fire fighter. The number of years considered was seventeen, meaning a fire fighter would have to have served as a member of the fire department for a minimum of seventeen years before becoming disabled before becoming qualified for limited duty. One consideration to qualify for a twenty year pension while serving limited duty is to equate one and one-half years of full service for one year of pension for those years served after seventeen. In other words, a fire fighter who is injured and provided limited duty after seventeen years must complete twenty- one and one-half years to qualify for a twenty year pension. There would be certain criteria established such as medical proof of a disability and guidelines established by the Fire Department. Since the Personnel Committee meeting, Chief Bob Childers has dis- cussed the idea of limited duty with the volunteer fire fighters and there is some concern whether the Fire Department wants to continue any consideration for limited duty at all. At the time of this memorandum, the City Administrator had not communicated with Chief Childers; however, he will havg a response for the meeting on Thursday. Item b. An updated list of the number of daytime and nighttime fire fighters will be made available at the meeting .on Thursday. l\\ it�inistra or PERSONNEL COMMITTEE February 11, 1982 4:30 P.M. OFFICE OF THE CITY I. Compensatory Time II. Vacation Schedule III. Fire Departlrent Policies IV. Other 17 • • • 71' • I p ••"I 1 p GATE: FEBRUARY 10, 1982 71=__L_ '�L ���1�1 !•'Wu14YM�1 ui�I �IYI�: The following items are in order for discussion by the Personnel Committee at a meeting scheduled for r1hursday, February 11, 1982 at 4:30 P.M.: 1) Compensatory time 2) Vacation schedule 3) Fire Department personnel The -meeting will be held in the office of the City Administrator and is scheduled to end at 6:00 P.M. [Li:�I3o�ff'YCOJ&&Lill The City has practiced an unwritten policy allowing for the recording and use of compensatory time for all supervisory and non -supervisory employees since the first full time employees were employed in the 1960's. To date, the non -supervisory employees have maintained a low controllable balance due to the normal 40 -hour work week. However, supervisory (management) employees often exceed the normal 40 -hour work week, and due to the amount of work recently experienced in our City, it is not possible to take off tine equal to the compensatory time some employees have accrued. There is language provided for in the clerical contract allowing for use of the a mr pensatory time. It is possible for those employees to take off time as it occurs and therefore, the accumulation of hours for non -supervisory employ- ees is not a concern. Since the number of hours recorded in excess of the normal 40 (forty) hour work week has increased substantially in the last 2-3 years, a liability question has arisen in this office regarding fair compensation in the amount of wages, or time off. This applies to the employee during employ- ment or upon resignation. A legal opinion regarding this issue will be available for review at the Committee Meeting. Also available at the Comr mittee Meeting will be a review of the most current balance of compensa- tory time accrued for supervisory employees. So as to limit a future liability, or challenge, by an employee, a written policy is necessary to control the use and regulation of compensatory time. The following options for written policy are offered for discussion: 1) No compensatory time for any supervisory employee 2) Compensatory time will be available to supervisory employees for any hours worked beyond the designated work week for their classification. (As an example; the City Administrator normally works 9 -hour days with two evening meetings that average 3-4 hours Personnel Committee Meeting February 10, 1982 Page two each. Therefore, a normal work week would be approx- imately 52 hours for that position.) (kmpensation is defined as the level of responsibility, hours worked, and level of expertise for any given employee classi- fication. Therefore, each supervisory would lie review- ed to determine a level of work hours for his or her position classification, and the compensatory time would be established in relationship to those work hours. Using the example above for the City Administra- tor, cemgrensatory time would be made available for any work over 52 hours per week. 3) Compensatory time is converted to a cash payment. with no time actually taken. Again, a policy for deter- mining compensatory time is required such as No. 2 above. 4) Compensatory time is determined by the City Administra- tor for special events, meetings or other extraordinary events that benefit the City of Fagan as he so designates for any supervisory employee. Because of the size of the organization and the amount of work load exper- ienced by many of the supervisory employees, time above and beyond 40-45 hours a week has been necessary to meet the work load. Therefore, careful consideration should be given to a policy that would be fair and equitable to the City of Fagan as well as the supervisory employees. VACATICN The City Administrator would like to discuss the vacation schedule as it relates to all supervisory employees. There are some concerns that vaca- tion is not being used by certain employees due to the use of oempensatory time and/or the work load of certain positions. Information will be made available as to the vacation accrual for supervisory employees as of 1-19-82. The City Administrator will discuss various alternatives to the use of vaca- tion time after compensatory time is reviewed. At the December 15, 1981 City Council Meeting, a request for additional fire fighters was considered containing 6 (six) whereas and the following motion, "That the Fagan Fire Department be directed to add at least 10 fire- men to the day available list at Stations 2 and 3, and further that the De- partment staffing stay at 75 fire fighters in compliance with the current ordinance." Fire Chief Childers and the two District Chiefs met with the en- tire City Council at a Special Committee Meeting on January 28, 1982 to dis- cuss in future detail the need for additional fire fighters. The Fire De- partment is looking at a reserve program for older fire fighters, and also would like some reaminendation as it relates to the number of fire fighters. The City Administrator is compiling information that will be available for review on both of these issues. Personnel Camtittee February 10, 1982 Page three All additional information as referenced in this menu will be available for review at our meeting tamriow evening. 140% %Q�gx0_ Thomas L. Hedges City Administrator VACATION COMP. 'TIME II NAME I BALANCE 1-1-81 I EARNED I 1981 I USED I 19811 I BALANCE II 1 12-26-8111 BALANCE 1-1-81 I EARNED 1 1981 I USED 1 1981 I BALANCEI 112-26-811 Hedges 1 296.6 I 120.12 1 68.0 I 348.7 11" 1132.0 I 348.51 90.0 1 1390.5 1 VanOverbeke 11 80.0 I 80.08 1 40.0 I 120.1 II I 83.0 I 46.0 I 37.0 Runkle ii 216.0 I 100.1 I 124.0 1 192.1 II 627.5 I 274.5 1 219.0 I 683.0 Berthe iI 213.4 i 130.22 I 181.0 I 162.6 II 52.0 1 45.5 1 60.5 I 37.01 DesLauriers I 253.4 1 130.22 1 168.0 I 215.6 II 274.0 I 182.0 I 346.0 I 110.0 1 D. Peterson 11 222.0 I 120.12 1 159.0 1 183.1 11 219.5 1 27.0 I 48.5 I 198.0 Reid 11 _ II 227.4 1 120.12 I 172.0 I 175.5 I II 145.5 96.5 I 77.5 I 164.5 I I Branch iI 486.0 i 126.81 i 404.0 1 208.8 11 644.0 I 59.0 I 93.0 I 610.0 Colbert II 79.0 I 80.08 I 72.0 1 87.1 II 650.0 I 376.0 I 127.5 I 898.5 Shockley 11 394.5 I 120.12 I 320.0 1 194.6 II 67.5 120.0 1 76.0 I 111.5 McGuffee I 108.0 I 120.12 144.0 I 84.1 11 26.3 I 111.9 I 80.5 I 57.7 Peterson 11 37.1 I 80.08 1 24.0 I 93.2 1I I 119.5 I 114.3 I 5.2 Vraa 11 40.0 I 80.08 1 --- I 120.1 1I 127.0 1 188.0 I 116.0 I 199.0 I Connolly 11 175.0 1 120.12 1 144.0 1 151.1 II 366:5 1 165.6 142.5 I 389.6 ... % PAUL H. HAIIGE & AssocuTEs, P.A. ATTORNEYS AT LAW 9808 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 63122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 February 11, 1982 Re: Compensatory Time -- City Supervisors Dear Tom: AREA CODE 812 TELEPHONE 484-4224 You asked what the current state of the law is regarding compensatory time for City supervisory employees who may leave the City and request compensation for such time. It is my understanding that the City's policy in effect at the present time essentially is as follows: 1. Those employees covered by collective bargaining units get paid on a straight hourly or one and a half time rate for overtime so no compensatory time is built up. 2. An agreement with the Police Department personnel provides for $20-$30 per month in lieu of overtime. 3. The supervisors are currEat-ly keeping track of overtime over 40 hours per month but apparently have not been paid directly in the past and in some cases are taking additional time off in order to reduce the compensatory time. There are several statutes which deal with overtime including M.S.A. 177.25 which indicates that an employer must pay employees one and a half times the regular hourly rate for time in excess of 48 hours per week, but that employees of political subdivisions may be granted time off at the rate of one and one- half hours for each hour worked in excess of 48 hours per week in lieu of monetary compensation. In addition, under M.S.A. 181.14, in the event an employee is entitled to any unpaid salary at the time that he or she leaves that notice can be given to the employer and if not paid within five days thereafter, a penalty will be assessed. It wool d seem that some of -the essentials dealing with compensatory time policy would be as follows: 1. That it might be suggested that some type of policy be set up when an employee and supervisor is hired stating that it is expected that he or she will be spending, for example, 46-52hours per week on the average without any compensatory time. Mr. Hedges February 11, 1982 Page Two 2. That any compensatory time computed then should be done on a regular weekly basis to determine how much compensatory time over that base expected number of hours actually is overtime. 3. It would be important to treat all persons in the same category similarly so that in the event of a dispute that a Court would not claim discrimmination among the same categories of employees. 4. A question of whether the supervisory employee could demand payment for compensatory time and eventually collect by Court action might depend upon some of the factors that I mentioned above and if there is no strict policy whether the City is granting compensatory time to be paid to other non - supervisory employees. Because it is provided for such overtime benefits in a number of ways depending upon unit, it would seem logical that a Court would also tend to treat the supervisory employees somewhat similarly. Therefore, I would expect that if a supervisory employee did bring an action for collection of overtime, that the City is exposed to payment but, of course, on a realistic basis, depending on its position and how much was ordinarly expected of that supervisor on a regular weekly basis, skk Very Paul H. Hauge l f SPECIAL CITY COUNCIL MEETING FEBRUARY 25, 1982 7:00 P.M. I. Roll Call & Adoption of Agenda II. 1982 Budget Adjustments III. Personnel Committee Considerations IV. Public School Facilities Discussion V. City Hall Expansion VI. Paratransit Slide Show VII. Other VIII. Adjournment MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 23, 1982 SUBJECT: SPECIAL CITY COUNCIL MEETING/FEBRUARY 25, 1982 A special meeting of the Eagan City Council was set at the last regular meeting held on February 16, 1982 to specifically discuss 1982 Budget adjustments, recommendations presented by the Personnel Committee and to view a slide show on the proposed paratransit system. One additional item was added to the agenda at the request of Mayor Blomquist which is a discussion of public school facilities located within the City of Eagan. This agenda item is quite general and therefore allows for discussion on any aspect of public schools or school systems located within our community. Originally, the City Council wanted to view the paratransit slide show as the first item on the agenda. However, due to a conflict with the City of Apple Valley (it is their regular City Council meeting evening), it will not be possible to view this slide show until approximately 9:00. There should be enough discussion regarding the first items on the agenda that the slide show presentation from 9:00 to 9:15 p.m. will work quite well on the scheduled agenda. The City Administrator has received a response from the project manager of the paratransit study, representing the Metropolitan Council and a copy of that letter is enclosed for your review. Also enclosed is a copy of a letter that was sent by the City Ad- ministrator to the Metropolitan Council. Also on the agenda is the City Hall expansion. The City Administra- tor will provide a brief outline and time table for the City Hall expansion project. There should be a brief discussion on how the City Council wants to proceed with selection of an architect to draw up tentative plans as well as prepare cost estimates for a bond referendum. Information will be available for review at the special meeting. Informational The City Administrator would like direction from the City Council regarding the jail facility. Each member of the City Council should have received a letter from County Commissioner Voss regarding site selection for a law enforcement facility in the City of Eagan. Also enclosed for your information is a copy of any appeal notice from Ken Ketchum, George Sanborn and Phil Gjevre regarding the storm sewer improvement assessments for Project 257. \ `\ N 4 City A ministrat I t/ BEA SLOMOUIST MAYOR THOMASEGAN JAMES A. SMITH JERRY THOMAS C,2 THEODORE WACHTER COUNCIL MEMBERS January 19, 1982 •t CITY OF EAGAN &7795 PILOT KNOB ROAD 10X]1199 -: EAGAN,'MINNESOTA -•�.N...` PHONE 454-8100 NATALIO DIAZ PROJECT MANAGER L� METROPOLITAN COUNCIL 300 METRO SQUARE BUILDING 7TH & ROBERT STS"" ST PAUL MN 55101 Dear Mr. Diaz: THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERREKE CITY CLERK I am writing this letter on behalf of the Eagan City Council to request specific information regarding the goals, objectives and status of the pro- posed paratransit system. According to our records, a preliminary applica- tion that was made by the Metropolitan Council on behalf of the Cities of Apple Valley, Burnsville and Eagan in early 1978 read as follows, "to demonstrate a paratransit system that would serve the 'communities of Apple Valley, Burnsville and Eagan which would provide local circulation .needs and provide a collection and distribution system for regular route transit, in a manner consistent with the paratransit development guide plan." This study was later expanded to include the Cities of Lakeville, Rosemount and Savage. The objectives of the study further indicate that the para - transit project was to: 1. Improve accessibility to regular route transit; -" 2. Determine what regular route transit is unable to provide that could be provided through paratransit; 3• Determine if the paratransit system would be utilized by drivers and passengers and at what price the service would be used. The original project description suggested van service for shopping and major employment centers throughout the six cities. In addition, the para - transit proposal was intended to compliment the existing MTC regular route system. It is the City of Eagan's understanding that the paratransit study will be completed by the 'consulting firm of Cambridge Systematics, hired by the Metropolitan Council. The City of Eagan is concerned that many of the objectives and the project description as originally proposed for a para - transit study have been changed during the past two years. Apparently, a bus service is now under consideration that would act as an alternative to the MTC bus service. The City of Eagan realizes legislation exists that allows this alternative; however, a full fledged bus service was never con- sidered as an alternative. 8� THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. L City of Eagan/Paratransit January 19, 1982 Page Two The City of Eagan has several concerns it would like to have addressed before the paratransit study proceeds too much further: 1. What exactly are the goals and objectives of the paratransit study? 2. What are the various alternatives for financing the paratransit system? 3. How will .transportation be provided to those individuals who need to get to and from the Minneapolis and St. Paul areas? 4. What happens if one of the six cities wants to opt out of the para - transit system? 5. Does the paratransit sutdy/system have any priorities? If so, what are they? The City of Eagan is very concerned that the paratransit study has expanded into more than originally planned without adequate communication between the Metropolitan Council and the six communities. By addressing the concerns I noted previously, 1 feel the Eagan City Council would have a better understanding of what is happening with paratransit. sincerely, Thomas L. Hedges City Administrator TLP/hnd cc: Betty Schaumberg Ed Brunkhorst 0 .O February 11, 1982 Mr. Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55122 Dear Mr. Hedges: ¢ z1vir, CI'rl�y 300 Metro Square Building Saint Paul, Minnesota 55101 Telephone 612/291-6359 In response to your letter of January 19, 1982, I would like to assure you that the paratransit study is proceeding in line with its original goals and objectives. The purpose of the study is to determine if a cost effective para - transit system can be designed to serve the internal circulation needs of communities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount, and Savage. As a note of clarification, in 1978, the Metropolitan Transit Commission (MTC) submitted a preliminary paratransit application to the Minnesota Department of Transportation (Mn/DOT) on behalf of the cities of Apple Valley, Burnsville, and Eagan. This project was not funded by Mn/DOT. While there are similarities between the current paratransit study and the project that was proposed in 1978, they are different studies. In your letter, you asked for answers to five questions. I will respond to each of the questions separately. 1. WHAT EXACTLY ARE THE GOALS AND OBJECTIVES OF THE PARATRANSIT STUDY? The goal of the paratransit study is to determine whether an affordable para - transit service can be designed to serve the communities of Apple Valley, Eagan, Burnsville, Lakeville, Rosemount and Savage. The study is divided into two phases. During the first phase, the feasibility of designing a checkpoint paratransit service as compared to other paratransit alternatives will be determined. During the second phase, a computerized dis- patching system would be designed if warranted. The Metropolitan Council received a $95,000 grant from UMTA to assist the communities in the above two phases of the study. The project currently is mid -way through the first phase, the feasibility analysis and a final report is expected in May. The second phase would be carried out only if the cities decide to implement a system; therefore, its time frame cannot be accurately projected. An Agency Created to Coordinate the Planning and Development ofthe Twin Cities Metropolitan Area Comprising: Anoka County C Carver County 0 Dakota County � Flennepin County Ramsey County o Scott County 0 Washington County Mr. Thomas L. Hedges Page 2 2. WHAT ARE THE VARIOUS ALTERNATIVES FOR FINANCING THE PARATRANSIT SYSTEM? If a paratransit system is feasible, financing of such a system will be determined by the participating communities. Financing decisions will be difficult to make; city councils will have to determine how much the service will benefit the communities and how much they are willing to allocate for such a service. Other sources of funds from the private sector and the state and federal governments will also have to be explored. 3. HOW WILL TRANSPORTATION BE PROVIDED TO THOSE INDIVIDUALS WHO NEED TO GET TO AND FROM MINNEAPOLIS AND ST. PAUL AREAS? The purpose of this study is to determine the feasibility of a paratransit system to serve the intercity needs between the six participating communities. This study will not attempt to reorganize, reorient or replace any of the MTC routes currently serving the communities. It may, however, address the access of the paratransit system to the existing MTC service. While 1981 legislation permits certain communities to explore alternatives to MTC service, this study is not designed to accomplish this task. 4. WHAT HAPPENS IF ONE OF THE SIX CITIES WANTS TO TV CT M9 The decision to be part of a paratransit system belongs to the city council of each community and opting out of the system will be the privilege of the city council. 5. DOES THE PARATRANSIT SYSTEM HAVE ANY PRIORITIES, IF SO, WHAT ARE THEY? While the study has goals and objectives, it has no priorities other than to assist the communities in determining if a paratransit system is feasible and affordable. I hope this letter addressed your concerns. Please don't hesitate to contact me if you need further clarification. Sincerely, /y/%L.4• Natalio Diaz Project Manager cc: Betty Schaumburg Ed Brunkhorst Kathy Ridder Gayle Kincannon ND:lh LA271A a IL STATE OF MINNESOTA COUNTY OF DAKOTA IN DISTRICT COURT FIRST JUDICIAL DISTRICT PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt o6 the 20. dppWAat by the City viotated the rights o& the above-named appettanta said aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at. A, V_ Kenneth P. Ketcham Attorney 6o)t AppettanU 1456 Vankee Ooodte Road Eagan, MN 55121 454-8440 Kenneth P. Ketcham and LoiA M. Ketcham, GroiL_qe C-Sanbolut and Lynette Sanborn, Phitip W. Gjevke and Jane Gjewle, AppettantA, VA. NOTICE OF APPEAL CITY OF EAGAN, Respondent PLEASE TAKE NOTICE that the above -nand property ouxeu, hereby appeat. 4Aom the a64usment Levied on their. property (Lot 9, Stock 2, Oak Chase 2nd Addition Lot 20, Stock 1, 10itdume66 Park Addition, and Lot 3, Stock 1, Oak Chase 3rd Addition) dor Storm AeWeA improvements identi6ied az Project NumbeA 257; zaid a6seA4ment wa6 tevied by the City o6 Eagan on FebAua,%Y 16, 1982. The basis o6 the a66eAAment appeal inctudeA, but shat[ not be Limited to the 6ottowing, to -wit: The amount od assessment exceeds the zpeciat behe6it6 con6eAed upon the above appettantA pADpeAty by the in6tattation and opeAation oj said project. 2. The a&ea beAe6ited exceeds the aAes a66eAAed in contravention o6 MinneAota .......... . . 3. The azAeA4&ed aAea was detuonLned in on a&haAaoLy and ou4 capnici manner. 4. The method od apphaizat u6ed by the City u&u erroneous and in contravention o6 Minnesota Law. 5. The p&ject uku not d tocoat impitovement uVJtin the meaning oj Chapter. 429 and thus not eligi6te do& Speciat AszeAAment 6inaneing. PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt o6 the 20. dppWAat by the City viotated the rights o& the above-named appettanta said aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at. A, V_ Kenneth P. Ketcham Attorney 6o)t AppettanU 1456 Vankee Ooodte Road Eagan, MN 55121 454-8440 MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 22, 1982 SUBJECT: 1982 BUDGETARY REVISIONS Due to the anticipation of a reduction of state aids, a freeze on many budgetary expenditures was authorized by City Council action on November 17, 1981. Recently, action was taken by the Minnesota Legislature to reduce local government aid $39,309 and homestead credit by approximately $7,821 and shade tree grant monies by $5,000. At the January 19, 1982 City Council meeting, the City Administrator was directed to prepare budgetary adjustments totaling $52,130 to the 1982 Budget for future consideration by the City Council. The City Administrator has coordinated a proposed budgetary reduction for the 1982 Budget through involvement of all department heads. Adjustments for consideration are listed below: Administration Office Supplies Postage General Printing Finance/Clerk/Elections Salaries & Wages Printed Material Electronic Data Processing Other Contractual Services Planning & Zoning Professional Services General Government Buildings Building Repair Supplies Electricity Buildings Repair Miscellaneous $ 200 500 900 $ 1,600 $ 1,000 340 1,000 . 1,500 3,840 1,402 1,402 $ 100 300 200 75 675 1982 Budgetary Revisions Memo February 22, 1982 Page Two Police Fire Teleprocessing Equipment Conferences & Schools Other Equipment Furniture - Office Operating Supplies Miscellaneous Repairs Miscellaneous Supplies Salaries & Wages $ 3,570 600 5,000 1,000 1,270 800 600 6,528 $19,368 Waste Removal $ 4,000 Machinery & Equipment Rentals 200 General Print & Binding 60 Protective Inspection Professional $ 2,000 Reference Materials 100 Animal Control Mobile Equipment Public Works/Engineering Salaries, Wages & Benefits Streets & Highways Salaries, Wages & Benefits Other Equipment Repair Other Contractual Services Parks & Recreation 4,260 2,100 $ 500 500 $10,355 10,355 $ 1,000 1,000 200 2,200 Salaries & Wages - Temp. $ 4,000 Shade Tree Program 2,000 6,000 Total General Fund Reductions $52,300 1982 Budgetary Revisions Memo February 22, 1982 Page Three Each department head submitted departmental reductions varying from 1.5% - 2.0%; however, in some cases, the amounts were higher. The City Administrator evaluated the total list of suggested revisions and the aforementioned items are recommended as a 1982 budget reduction for the General Fund. There is support documenta- tion on all proposed reductions that will be available for review at the meeting on Thursday. Approximately 54% of the proposed reductions are salaries and professional services. Capital expendi- tures represent approximately 21% of the proposed reductions, while the remaining 25% is spread over several operating expenses. New programs are for the most part delayed. Some existing programs will be cut slightly; however, the impact of the cutback should cause minimal hardship for the public when realizing the total amount to be cut is approximately 1.6% of the total General Fund Budget. �,'" fA" ity Administrator MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 23, 1982 SUBJECT: PERSONNEL COMMITTEE MEETING/2-11-82 The Personnel Committee, made up of Chairman City Councilmember Tom Egan and City Councilmember Ted Wachter, met with the City Administrator on February 11, 1982 at 4:30 p.m. in the office of the City Administrator. The purpose of the committee meeting was to gather facts and prepare recommendations for consideration by the City Council regarding the three (3) following items: Compensatory Time for Supervisory Employees 2. Vacation Schedule for Supervisory Employees Fire Department Policies a. Limited Duty Fire Fighters b. Chief Childers' Action Regarding Additional Daytime Fire Fighters The Committee reviewed a memorandum that was prepared by the City Administrator (a copy is attached for your review) that expressed his concern over the amount of compensatory time that is recorded as official payroll information for supervisory employees. Because the total number of hours is considerably high, the Personnel Com- mittee was concerned that, unless a policy is considered that regu- lates the use and accrual of compensatory time, the City could be exposed to an enormous liability when supervisory employees leave City employment. The Personnel Committee reviewed several alternatives and, based on their findings, recommended that super- visory employees receive up to a maximum addition of 100 hours transferable from compensatory time to vacation time in exchange for supervisory employees giving up all recorded compensatory time. In the future, employees would record actual hours worked; however, there would be no consideration for compensatory time. Since the Personnel Committee meeting, the City Administrator has reviewed the personnel files for each of the supervisory employees, and apparently, certain supervisory employees were given the under- standing by former City Councils that they would be given compensa- tory time off in the form of actual time off or a cash payment. The City Administrator supports the recommendation of the Personnel Committee; however, the issue could become sensative due to various letters and understanding of employment for a number of the super- visory employees. The City Administrator will comment in further detail on this matter at the meeting on Thursday. Personnel Committee Memo February 23, 1982 Page Two 2. Vacation accrual for supervisory employees ties directly to compen- satory time, realizing that certain employees have used compensatory time rather than vacation and therefore have built up larger vaca- tion accrual balances. Once the compensatory time issue is resolved, more than likely there will not be any issue with the vacation schedule as it relates to supervisory employees. The Personnel Committee has no recommendation due to these findings. 3. Fire Department. Item a. Limited Duty Fire Fighters -- The Personnel Committee discussed in some length the question of whether a fire fighter, once injured, should be granted limited duty and therefore qualify for a full twenty year pension upon completing twenty years of service as a firefighter. The Personnel Committee feels strongly that there should be a cut off time for years of service if limited duty is to be considered for a fire fighter. The number of years considered was seventeen, meaning a fire fighter would have to have served as a member of the fire department for a minimum of seventeen years before becoming disabled before becoming qualified for limited duty. One consideration to qualify for a twenty year pension while serving limited duty is to equate one and one-half years of full service for one year of pension for those years served after seventeen. In other words, a fire fighter who is injured and provided limited duty after seventeen years must complete twenty- one and one-half years to qualify for a twenty year pension. There would be certain criteria established such as medical proof of a disability and guidelines established by the Fire Department. Since the Personnel Committee meeting, Chief Bob Childers has dis- cussed the idea of limited duty with the volunteer fire fighters and there is some concern whether the Fire Department wants to continue any consideration for limited duty at all. At the time of this memorandum, the City Administrator had not communicated with Chief Childers; however, he will havg a response for the meeting on Thursday. Item b. An updated list of the number of daytime and nighttime fire fighters will be made available at the meeting .on Thursday. l\\ it�inistra or PERSONNEL COMMITTEE February 11, 1982 4:30 P.M. OFFICE OF THE CITY I. Compensatory Time II. Vacation Schedule III. Fire Departlrent Policies IV. Other 17 • • • 71' • I p ••"I 1 p GATE: FEBRUARY 10, 1982 71=__L_ '�L ���1�1 !•'Wu14YM�1 ui�I �IYI�: The following items are in order for discussion by the Personnel Committee at a meeting scheduled for r1hursday, February 11, 1982 at 4:30 P.M.: 1) Compensatory time 2) Vacation schedule 3) Fire Department personnel The -meeting will be held in the office of the City Administrator and is scheduled to end at 6:00 P.M. [Li:�I3o�ff'YCOJ&&Lill The City has practiced an unwritten policy allowing for the recording and use of compensatory time for all supervisory and non -supervisory employees since the first full time employees were employed in the 1960's. To date, the non -supervisory employees have maintained a low controllable balance due to the normal 40 -hour work week. However, supervisory (management) employees often exceed the normal 40 -hour work week, and due to the amount of work recently experienced in our City, it is not possible to take off tine equal to the compensatory time some employees have accrued. There is language provided for in the clerical contract allowing for use of the a mr pensatory time. It is possible for those employees to take off time as it occurs and therefore, the accumulation of hours for non -supervisory employ- ees is not a concern. Since the number of hours recorded in excess of the normal 40 (forty) hour work week has increased substantially in the last 2-3 years, a liability question has arisen in this office regarding fair compensation in the amount of wages, or time off. This applies to the employee during employ- ment or upon resignation. A legal opinion regarding this issue will be available for review at the Committee Meeting. Also available at the Comr mittee Meeting will be a review of the most current balance of compensa- tory time accrued for supervisory employees. So as to limit a future liability, or challenge, by an employee, a written policy is necessary to control the use and regulation of compensatory time. The following options for written policy are offered for discussion: 1) No compensatory time for any supervisory employee 2) Compensatory time will be available to supervisory employees for any hours worked beyond the designated work week for their classification. (As an example; the City Administrator normally works 9 -hour days with two evening meetings that average 3-4 hours Personnel Committee Meeting February 10, 1982 Page two each. Therefore, a normal work week would be approx- imately 52 hours for that position.) (kmpensation is defined as the level of responsibility, hours worked, and level of expertise for any given employee classi- fication. Therefore, each supervisory would lie review- ed to determine a level of work hours for his or her position classification, and the compensatory time would be established in relationship to those work hours. Using the example above for the City Administra- tor, cemgrensatory time would be made available for any work over 52 hours per week. 3) Compensatory time is converted to a cash payment. with no time actually taken. Again, a policy for deter- mining compensatory time is required such as No. 2 above. 4) Compensatory time is determined by the City Administra- tor for special events, meetings or other extraordinary events that benefit the City of Fagan as he so designates for any supervisory employee. Because of the size of the organization and the amount of work load exper- ienced by many of the supervisory employees, time above and beyond 40-45 hours a week has been necessary to meet the work load. Therefore, careful consideration should be given to a policy that would be fair and equitable to the City of Fagan as well as the supervisory employees. VACATICN The City Administrator would like to discuss the vacation schedule as it relates to all supervisory employees. There are some concerns that vaca- tion is not being used by certain employees due to the use of oempensatory time and/or the work load of certain positions. Information will be made available as to the vacation accrual for supervisory employees as of 1-19-82. The City Administrator will discuss various alternatives to the use of vaca- tion time after compensatory time is reviewed. At the December 15, 1981 City Council Meeting, a request for additional fire fighters was considered containing 6 (six) whereas and the following motion, "That the Fagan Fire Department be directed to add at least 10 fire- men to the day available list at Stations 2 and 3, and further that the De- partment staffing stay at 75 fire fighters in compliance with the current ordinance." Fire Chief Childers and the two District Chiefs met with the en- tire City Council at a Special Committee Meeting on January 28, 1982 to dis- cuss in future detail the need for additional fire fighters. The Fire De- partment is looking at a reserve program for older fire fighters, and also would like some reaminendation as it relates to the number of fire fighters. The City Administrator is compiling information that will be available for review on both of these issues. Personnel Camtittee February 10, 1982 Page three All additional information as referenced in this menu will be available for review at our meeting tamriow evening. 140% %Q�gx0_ Thomas L. Hedges City Administrator VACATION COMP. 'TIME II NAME I BALANCE 1-1-81 I EARNED I 1981 I USED I 19811 I BALANCE II 1 12-26-8111 BALANCE 1-1-81 I EARNED 1 1981 I USED 1 1981 I BALANCEI 112-26-811 Hedges 1 296.6 I 120.12 1 68.0 I 348.7 11" 1132.0 I 348.51 90.0 1 1390.5 1 VanOverbeke 11 80.0 I 80.08 1 40.0 I 120.1 II I 83.0 I 46.0 I 37.0 Runkle ii 216.0 I 100.1 I 124.0 1 192.1 II 627.5 I 274.5 1 219.0 I 683.0 Berthe iI 213.4 i 130.22 I 181.0 I 162.6 II 52.0 1 45.5 1 60.5 I 37.01 DesLauriers I 253.4 1 130.22 1 168.0 I 215.6 II 274.0 I 182.0 I 346.0 I 110.0 1 D. Peterson 11 222.0 I 120.12 1 159.0 1 183.1 11 219.5 1 27.0 I 48.5 I 198.0 Reid 11 _ II 227.4 1 120.12 I 172.0 I 175.5 I II 145.5 96.5 I 77.5 I 164.5 I I Branch iI 486.0 i 126.81 i 404.0 1 208.8 11 644.0 I 59.0 I 93.0 I 610.0 Colbert II 79.0 I 80.08 I 72.0 1 87.1 II 650.0 I 376.0 I 127.5 I 898.5 Shockley 11 394.5 I 120.12 I 320.0 1 194.6 II 67.5 120.0 1 76.0 I 111.5 McGuffee I 108.0 I 120.12 144.0 I 84.1 11 26.3 I 111.9 I 80.5 I 57.7 Peterson 11 37.1 I 80.08 1 24.0 I 93.2 1I I 119.5 I 114.3 I 5.2 Vraa 11 40.0 I 80.08 1 --- I 120.1 1I 127.0 1 188.0 I 116.0 I 199.0 I Connolly 11 175.0 1 120.12 1 144.0 1 151.1 II 366:5 1 165.6 142.5 I 389.6 ... % PAUL H. HAIIGE & AssocuTEs, P.A. ATTORNEYS AT LAW 9808 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 63122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 February 11, 1982 Re: Compensatory Time -- City Supervisors Dear Tom: AREA CODE 812 TELEPHONE 484-4224 You asked what the current state of the law is regarding compensatory time for City supervisory employees who may leave the City and request compensation for such time. It is my understanding that the City's policy in effect at the present time essentially is as follows: 1. Those employees covered by collective bargaining units get paid on a straight hourly or one and a half time rate for overtime so no compensatory time is built up. 2. An agreement with the Police Department personnel provides for $20-$30 per month in lieu of overtime. 3. The supervisors are currEat-ly keeping track of overtime over 40 hours per month but apparently have not been paid directly in the past and in some cases are taking additional time off in order to reduce the compensatory time. There are several statutes which deal with overtime including M.S.A. 177.25 which indicates that an employer must pay employees one and a half times the regular hourly rate for time in excess of 48 hours per week, but that employees of political subdivisions may be granted time off at the rate of one and one- half hours for each hour worked in excess of 48 hours per week in lieu of monetary compensation. In addition, under M.S.A. 181.14, in the event an employee is entitled to any unpaid salary at the time that he or she leaves that notice can be given to the employer and if not paid within five days thereafter, a penalty will be assessed. It wool d seem that some of -the essentials dealing with compensatory time policy would be as follows: 1. That it might be suggested that some type of policy be set up when an employee and supervisor is hired stating that it is expected that he or she will be spending, for example, 46-52hours per week on the average without any compensatory time. Mr. Hedges February 11, 1982 Page Two 2. That any compensatory time computed then should be done on a regular weekly basis to determine how much compensatory time over that base expected number of hours actually is overtime. 3. It would be important to treat all persons in the same category similarly so that in the event of a dispute that a Court would not claim discrimmination among the same categories of employees. 4. A question of whether the supervisory employee could demand payment for compensatory time and eventually collect by Court action might depend upon some of the factors that I mentioned above and if there is no strict policy whether the City is granting compensatory time to be paid to other non - supervisory employees. Because it is provided for such overtime benefits in a number of ways depending upon unit, it would seem logical that a Court would also tend to treat the supervisory employees somewhat similarly. Therefore, I would expect that if a supervisory employee did bring an action for collection of overtime, that the City is exposed to payment but, of course, on a realistic basis, depending on its position and how much was ordinarly expected of that supervisor on a regular weekly basis, skk Very Paul H. Hauge