HomeMy WebLinkAboutFeb 26, 1976Official Proceedings
Special Meeting of the City Council
February 26, 1976
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Meeting was called to order at 7:06 p.m.
Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki-present
Motion by Norberg, Seconded by Heintz to name Margo Emerson
Secretary for the meeting. Roll Call: All Ayes
STATEMENT OF PURPOSE
Mayor Nawrocki announced that this special meeting was called for
the purpose of discussing the delivery of public safety services
in the City of Columbia Heights from an organizational standpoint.
He pointed out that this in no way means that there is any objection
to the present police and fire service. At this time the City must fill
the positions of both the Police Chief and the Fire Chief, and this is the
proper time to consider any changes in the organizational structure which
may be desired. Included in this discussion would be the possibility of
removing the positions of police chief and fire chief from the operation
of the civil service commission, making the appointment of these positions
administrative, without the civil service testing procedures. In addition,
the possibility of establishing the position of a public safety director
would be discussed. Mayor Nawrocki spoke at length on the operation
of the police and fire departments. He concluded his dissertation
by stating that he had prepared a plan on how the public safety departments
might be set up, stressing the fact that this is merely a plan to serve
as a focal point for discussion, and is not necessarily exactly how the
services would be set up.
Mayor Nawrocki stressed two reasons why the City should consider
changes at this time. The first reason was that under the civil
service system it makes it very difficult to remove a chief from the
post, and this is sometimes necessary. The second reason was that
the position of a public safety director would help to coordinate the
interworkings of the two departments.
Mayor Nawrocki then explained his proposed plan for change.
He stated that the position of public safety director would be created.
This position, and the position of police chief and fire chief would
be appointed by the Mayor, subject to concurrence by the City Council.
Mr. Nawrocki stated that he saw the public safety director as also
being either the police chief or the fire chief, and could serve as
civil defense director as well. This would mean that one man could
hold two or three positions. The public safety director would serve
the administrative functions of both the fire and police departments.
In this plan, the fire chief and police chief would be taken out of
civil service.
At this time Mayor Nawrocki asked for comments from the Council.
Councilman Hentges stated his opinion that the appointments of these
positions should be subject to a 4/5 vote of the Council, and must
be appointed in non-election years. Councilman Heintz voiced his
agreement that the appointments be made in non-election years.
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Mayor Nawrocki explained that the civil service commission would
continue to conduct the tests for all other positions in both the
fire and police departments, other than the chief positions. He also
stated that it would certainly be proper for the civil service
commission to continue working with the se]ection of the two chief
positions, a]though the formal processes may not be used.
Councilman Norberg stated that this plan should allow for the abolishing
of the position of public safety director if the system did not work
out as hoped.
Joe Podany, retired member of the police department, at this time
spoke saying that he feels that the city should stick to having a
police chief. He spoke of the operation of the police department in
the past. In addition, he stated his opposition to hiring a person
from outside the department for the position of police chief. He fe]t that
out ,Df 18 men on the police department, the city should be able to hire one
of them as chief. He continued by saying that he is against the public safety
dire,ctor appointment, and feels that the operation as it is presently handled
should be continued, with the chief to be appointed from within the
department.
Nell Cleland, retired member of the police department,spoke on the same
lines as did Mr. Podany. He stated that he cou]d not understand why
the testing procedure had to be opened up to the outside as he understood
that the commission may decide if the testing procedure w[]] be opened
to individuals outside the department or not. They should have only allowed
the testing to take place within the department itself.
Helen Truenfeld explained the civil service testing procedure, stating
that no one actua]ly passes or fails the tests, but rather the three
top individua]s in the ora] and written exams combined are the ones
to ultimately be considered for a civil service position.
Mayor Nawrocki restated that under his plan the public safety director
would not be under civi] service.
Hr. Cleland restated that he still feels that the City has the option
of whether or not the test wi]l be opened up to outsiders or not.
He stated that he is aware that a number of cities where they have
public safety directors merely wind up with three people doing what
two people did before.
Mayor Nawrocki pointed out that the arguments presented are to continue the
operation as is, which includes the continuing of the civil service
procedures. On the other hand, there is criticism of what has come out of
that process. He explained that if any favoritism was shown in the
selection process, it was to make it easier for the local people in
the department to qualify to take the tests. Mayor Nawrocki stressed
the fact that he favors residency requirements for all city employees, but
that the courts do not allow this requirement.
Gerry Herringer, Secretary of the Civil Service Commission, stated
that a meeting was held in October on this subject, and he wanted to
know what had transpired in the meantime to bring the people back for
a discussion on the same items.
February 26, 1976 -81-
Mayor Nawrocki stated that there was a renewed interest and questions
that have been asked.
Councilman Norberg asked if the state law requires the city to advertise
outside of the City. Mr. Herringer explained that the City must allow
minorities the opportunity to apply, so the testing had to be opened
up to outsiders.
Mayor Nawrocki explained that the requirement of allowing minorities
the opportunity to work for the city applies to state aids, federal
revenue sharing, and grants as well.
Mr. Herringer stated that he does not think that there was anyone
more disappointed than himself and the civil service commission that
local people did not make it to the top three in either the police
or the fire chief applicants.
Mr. Larry Hosch asked whether or not the three people who scored
highest are active in police work and fire work or are they
retirees, pointing out that the city should not have a retiree administer-
ing these departments. Mayor Nawrocki pointed out that the City can not
discriminate against age, but included the fact that all of the police chief
finalists are active in their departments. If they were to accept this
job, none of them would be collecting pension in another department.
In the case of the fire chief applicants, he pointed out that the three
top people would be eligible to collect pension in their present de-
partment where they are employed.
Mr. Hosch stated that he felt that the city would end up with three
people doing the work of two people, and asked how this would give
better quality more economically.
Mayor Nawrocki restated his plan that he would see two people filling
four positions; that is, the public safety director would also be the
civil defense director, as well as either the police chief or the
fire chief.
Phyllis Pesek, member of the Charter Commission, noted that in her notes
from the October 23 meeting it was stated that if the city is to get
matching funds from the state, they must have a fire chief and deputy chief.
She asked whether the public safety director under the Mayor's plan
would apply. Mayor Nawrocki stated that there would still be a deputy fire
chief, and in the attorney's opinion, the state requirements would be
met. Mr. Kalina verified that as long as there is someone with the
title of fire chief, even if he is also the public safety director,
the requirements are met. Fran Bassett, present Fire Chief, stated that
this applies to money received from state aids, not matching funds.
Sgt. Robert Jendro from the Columbia Heights Police Department spoke
at this time in explanation of the testing procedures followed. He
stated that he was one of the applicants from the Columbia Heights
Department who did not make it to the top three. He pointed out that
twenty people took the test and that he knew many of the people. Many
of the people taking the test stated that it had been one of the best,
if not the best, test that they had ever taken. In fact, Sgt. Jendro
stated that he would tend to criticize the civil service for lowering
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the requirements so that local people could take the test. Sgt. Jendro
stated that he feels this was a well administered and well thoughtout
test. If no one from Columbia Heights made it, then this is something
the department would have to live with. He also stated his opinion that
the idea of the position of Public Safety Director is not all bad,
but depends on who the individual person is who holds the position.
Harold Ostmoe stated that he feels that the establishing of a public
safety director would result in a high price to pay for the coordination of
services. The Mayor pointed out that right now the police chief is the
lowest paid in the metro area, and in view of this, the salary increase
for 1976 would have to be adjusted more than a cost of living increase
to bring the salary in line with other communities. A public safety
director would receive the police chief salary, or fire chief, and the
civil defense director salary.
Mr. Ostmoe again stated that he thinks the price would be high and
that presently the city has people within the department capable of
handling the duties. He also pointed out that the morale factor should
be considered with bringing in an outsider for chief.
Mr. Thomas Bittman asked whether or not the applicants have
been examined to see whether anyone is better qualified in the fire
chief exams than the police chief for the public safety director position.
Mayor Nawrocki stated that in most cities the public safety director comes
From the police department realm. He slated that perhaps this is because
there are more police personnel than fire personnel in a community, and
individuals from the police departments have more experience in administering
the department than do individuals from the fire departments.
At this time Mr. Watson, City Manager, stated that the fire chief
top three applicants were certified on the Monday of the week of
this specia] meeting and he was waiting for f~Jrther interviews until
after this special meeting.
Mrs Phyllis Kro]l asked what the city must do to have J public
safety director postion created. Mr. Myron Anders .... asked if the
city must go to the legislature for approval. ':,~e Mayor answered that
there is no problem with creating the pub:i~ safety director position,
no approval is needed. But, if the police chief and fire chief are to
be taken out of civil service then this involves a charter change and
the ,city must take it to the legislature.
Mr. Darwin Hadrath asked what would happen if the three top candidates were
unsatisfactory. Mayor Nawrocki stated chat the civil service commission has
the right to say "to bad if you don't tike it" because these are the individuals
tested out to be the best qualified. The Civil Service Commission does have
the option of retesting.
Mr. Myron Anderson asked if the city would have to name the public
safety director from the top three i.rdividuals. Mayor Nawrocki
stated that under his plan the Mayor- will appoint, subject to concurrence
of the City Council. He said that ne could pick one of those top
candidates, either the police or Fire chief candidates. He also informed
those present that he is ready to any day appoint the police chief out
of the three top from the testing in that area. Mayor Nawrocki briefly
explained the testing procedures. Whereupon, Mr. Anderson pointed out that
there is no way to test on-the-job training, and stated that it would damage
February 26, 1976 -83-
the morale of the police department to name a police chief from outside
of the department, especially since the city has competent men on the
department who could handle the job.
Mayor Nawrocki agreed that the civil service testing has both good
and bad points. He explained that civil service came into being to
eliminate potential hiring based on politics.
Phyllis Kroll stated that this testing procedure would result in the
"best talkers" receiving the highest scores. Mayor Nawrocki stated
that the results are based on both oral and written tests, but pointed
out further that one would expect a chief to have some good communication
skills.
Mrs. Pesek asked the Fire Chief, Mr. Bassett, how much administrative work
is involved in his position. Mr. Bassett stated that it seems that he
never can get caught up. He also stated that he is one of the few fire
chiefs who does not have his own secretary. Mr. Bassett also noted that
the fire chief should be an active man, and when he gets older, he should
leave. Administration is a problem, and without the help he gets from his
officers, he would find himself in a real fix.
Mel Aanerud, Chairman of the Charter Commission, pointed out that the
Charter Commission began this discussion originally because of the matter
of circumstance that both chief positions opened at once and the Commission
decided that this would be the time to think about a public safety
director if it were ever to be done. He stated that the Charter Commission
has the position under the City Manager. He pointed out that presently
Mayor Nawrocki is capable of the administration of the police chief,
fire chief, and public safety director positions, but what if another
mayor should be elected who is not so capable. For this reason, the
Charter Commission would see the positions of fire chief and public safety
director as being under the City Manager. Mr. Aanerud also stated
that putting these positions under the Mayor takes away from the powers
given specifically to the City Manager in that all departments, with the
exception of the police department, are under the City Manager. He
also stated that he feels that going directly to the legislature
for a charter change is wrong, and the Council should go to the Charter
Commission.
Councilman Norberg expressed his opinion that the intent is to place only
the appointive power under the Mayor, but the administrative powers
related to budget, operating responsibilities, etc. would remain under
the City Manager.
Mr. Cleland asked who the top candidates are in each category. Mayor
Nawrocki elaborated on the police chief candidates, and Mr. Watson elaborated
on the fire chief candidates.
Councilman Logacz stated that his feelings at the time of the hearing
in October had been that the decision was found that the public
safety director would not have value for the City of Columbia Heights.
He stated his concerns at possibly seeing the civil service commission
being dissolved. He also stated that he agrees that Mayor Nawrocki does
a good job for the community, but someone else as Mayor may have many changes
occurring in the various positions. He pointed out that a public safety
director would just be moving someone a title above Fire Chief and
Police Chief and at a higher compensation. This would not necessarily
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mean economic streamlining or administrative streamlining, and Councilman
Logacz stated that he is opposed to the idea of a public safety director
and opposed to removing the police chief and fire chief positions from
the civil service.
Mel Aanerud stated that under the City Charter the police
department is under both appointing power and administrative power
of the Mayor. Mr. Aanerud stated that if the administrative powers
of the fire chief and public safety director would be placed under
the City Manager, then the idea is acceptable.
Discussion followed on what the definition of administrative functioning
actually is. Mayor Nawrocki stated that he does not consider the power
to appoint as being a desirable job and not a privi]ege. It puts
him in the position of making one person happy and someone else becomes
his enemy. It is an awesome responsibility with the knowledge that
he must be accountable in his decisions.
Councilman Heintz questioned the City Attorney .as to whether one
person could hold all four positions, of public safety director, police
chief, fire chief, and civil defense director. Hr. Kalina said that this
is possible, but that under the proposal there is no way to assure
that the appointment(s) would be made within the department.
Harold Ostmoe asked exactly what the purpose of the hearing this evening
was, following the statement by the Mayor that he is almost at a point
of no return in naming of the new police chief, as he is ready to
appoint the new chief very soon. Also, Mr. Watson stated that his position
is similar, and that he would expect to name a fire chief within
the next month.
Mayor Nawrocki answered that he thought in October, as he does now,
that a public safety director may be good for Columbia Heights.
Councilman Norberg stated that in October the Council understood that
the City would still have to have a separate police chief and fire
chief to meet regulations, but that now it is understood that it
can all be the same person.
Councilman Logacz stated that he had originally favored the concept
of a public safety director, but upon further consideration, he feels that
the City would be creating a superstructure by adding extra layers on top.
He again stated that eliminating civil service is not good.
Councilman Heintz stated that in October he understood that the city
would have to hire more people to fill the various positions, but now
if i1: is found that the same person can cover more than one position,
he would support the plan.
Chief Bassett pointed out that the Departraent of Commerce requires
certain functions of a fire chief, and it would seem insurmountable
for ()ne man to hold all the positions, and keep up with all the require-
ments. Attorney Kalina stated that it appears impractical to think
that one man could handle all the positions.
Councilman Heintz felt that a certain type of man would be capable
of this.
February 26, 1976 -85-
Councilman Norberg asked that a poll be taken of the remaining people
asking if they favored any change. The poll showed that the majority of
those in the audience wanted to keep things just the way they are.
Mrs. Krol! asked whether or not the police personnel have any chance
for further schooling, pointing out that if they do not, then perhaps
this is why they did not make it to the top eligibility list for the
chief position. Mayor Nawrocki elaborated on the fact that schooling
is encouraged, and available to all department members.
Sgt. Jendro stated that in October he had spoken for the position of
public safety director with the idea that someone within the department
would handle the working of the department itself. He pointed out
that right now no one knows whether the public safety concept would work
for Columbia Heights, and spoke of "predetermined fears" within the
department which may hinder the success of a public safety director.
On the other hand, he pointed out that there are three top people under
consideration for the police chief position, and what the department
wants is a top person.
Mr. A1Martinson asked whether the Council couldn't table further
discussion for a week or so and in the meantime publicize the meeting
so that more people would attend.
Mayor Nawrocki stated that the question of the position of public
safety director is not an urgent issue, but the question of the police
chief and fire chief positions is, since the testing and hiring procedure
is far along. Also, if a change is to be made, it is urgent that a bill
be brought to the legislature. Mayor Nawrocki pointed out that the only
other way to institute the change is by a vote of the electorate, and
this would take too long.
Councilman Norberg stated that the Council could ask the
legislature to pass enabling legislation which would allow
the City to make the changes at a later time, if this is
what is determined should be done.
Councilman Logacz pointed out that much talk was given to the morale
factor of the department without knowing exactly
what goes on in the department and whether or not morale is the issue.
RECESS was called at 10:O5 p.m. MEETING RECONVENED at 10:30 p.m.
Motion by Hentges to table further consideration and bring it up at
a later date. No Second.
Mr. Hentges stated that he wishes to table this item so that at a
future meeting public safety directors from other communities can be asked
to attend, by invitation, and this would allow the council to look
more in depth into what other cities are doing, and the advantages
and disadvantages.
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It was pointed out that if the legislature is to pass a bill,
a decision must be made this evening. Hr. Hentges stated that he
meant only to table passage of a resolution showing council support,
not the bill itself.
Councilman Heintz stated his opinion that he does not feel the
legislature would give the council freedom at will to do what they
want at a later date.
Councilman Logacz asked what would happen to a police chief and
fire chief hired now if the whole structure is changed later on.
Mayor Nawrocki informed the Council that in his interviews with the police
chief candidates he informed each of them of the possible change which
may be made.
At this time Sgt. Hedblad, Acting Co-Police Chief, stated that
he was one of the members frora the Columbia Heights department who were the
"victims of shock and disappointment" that none of them made it to the
top three. He informed the Council that earlier this same day a department
meeting had been held, and it is the opinion of the department that they are
willing to continue as is until a decision can be made, giving enough
time to really look into the question and see what is best for
Columbia Heights.
Hayor Nawrocki reminded those present that if it is not decided tonight,
then any change would have to wait until the next session of the
legislature, or go to a vote of the electorate,and explaining this
would be "quite a feat"
Hrs. Pesek asked if this passes this evening, if this means there
would be no referendum of the voters. Mayor Nawrocki answered that
anything the Council does is subject to a referendum.
At this point the Council members began listing what they
want to see in the legislative bill. These included: taking the police
chief and fire chief positions out of civil service and leaving the public
safety director out of civil service; and the authority for the Mayor
to appoint, with 4/5 approval of the Council.
Discussion turned to whether it should be stated that one man will hold
all three positions, of the two chief positions, and public safety director.
Councilman Heintz began the discussion by stating that one man should
hold all three.
Mayor Nawrocki expressed his opinion that the legislature would
not pass a bill which only allowed for one man to hold all the positions.
He explained why he proposed that two men would be hired; one for each
chief position, with one of them to also be public safety director.
Then the Council discussed the fact of whether or not this would place
the fire department under the Hayor. Presently it is under the City
Manager. Discussion on how this would affect the system. Mr. Ka]ina stated
that the bill as it stood would keep the administrative powers under the
City Hanager, with only the appointive power going to the Mayor.
February 26, 1976 -87-
Councilman Norberg felt that placing the two departments under the
public safety director, and having the public safety director report
to the Mayor, is giving him the same power as the City Manager and
Mr. Norberg stated that somehow the departments should remain under
the City Manager.
Discussion held on the possible passage of a resolution supporting
the bill. The council discussed changes in the resolution which would place
the two departments, making one department of public safety, under the
Mayor. Councilman Norberg indicated that the City Attorney
could be directed to rewrite the bill by motion. Mel Aanerud stated
that he could not believe that the Council would pass the
resolution without having the actual wording of the bill before them.
Whereupon, the City Attorney worked out the requested amendments,
and these were incorporated into the bill.
RESOLUTION #76-11 ENDORSING A BILL FOR AN ACT RELATING TO PUBLIC SAFETY
PERSONNEL IN THE CITY OF COLUMBIA HEIGHTS
Offered by Hentges, Seconded by Heintz Roll Call: All Ayes
Resolution #76-11 was adopted.
BE IT HEREBY RESOLVED by the City Council of the City of Columbia
Heights, that
WHEREAS, the City of Columbia Heights would be benefitted by a more
flexible system of direction of its public safety functions, and
WHEREAS, the policy goals of the voters of the City of Columbia
Heights can best be served by making certain public safety personnel more
directly responsible to the public officials elected by the voters, and
WHEREAS, the elected governing body of the City of Columbia Heights
can best direct and implement its policies through personnel over
which it has control,
NOW, THEREFORE, BE IT RESOLVED that the exhibit attached hereto and
made a part hereof, the reading of which is waived, entitled "A BILL
FOR AN ACT RELATING TO PUBLIC SAFETY PERSONNEL IH THE CITY OF COLUMBIA
HEIGHTS", be enacted into law by the Minnesota State Legislature, and
BE IT FURTHER RESOLVED, that the Mayor and City Manager be and herein
are authorized to work with our local senators and representatives
to effect passage of the said Bill.
RESOLUTION #76-9 SETTING SALARIES FOR MEMBERS OF THE PUBLIC WORKS
DEPARTMENT FOR 1976 (LOCAL 49)
City Manager Malcolm Watson explained the changes in the Local 49
contract for 1976, including salary changes, vacation changes, and
hospitalization. Councilman Hentges requested clarification of the laborer
scale, asking if this means that part-time summer help and help from the
schools, would have to be hired at that minimum range on the laborer
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scale and no less. After much discussion, Mr. Hentges understood that the
city would not have to pay these part-time summer help, either from the school,
or from the County, the $2.98 per hour salary. Mr. Watson explained
that. the youth programs through the County are funded by the County
and they set the wage. No one who is not in the union would have to be
started at the $2.98 scale. Mr. Watson explained that this does affect the
CETA employees as they are under the union contract, and are city employees,
not county. Mayor Nawrocki requested that Mr. Watson repeat exactly
what changes the new contract has made.
Councilman Heintz questioned the wording on the section which states
that the City must give advance notice on any schedule changes.
Mr. Watson explained why it was worded in this manner. Mr. Heintz
also. stated that he feels that the Park Board is made to pay unnecessary
overtime to the full-time employees working on weekends, when the part-time
help could work without overtime being paid. Mr. Watson explained that it
is now encouraged that part-time help should work shifts which includes
the necessary work on weekends to avoid over-time payment.
RESOLUTION #76-9 offered by Heintz, Seconded by Norberg Roll Call: All Ayes
Resolution #76-9 was adopted.
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights,
that,
WHEREAS, negotiations have proceeded for several months between Local 49
Operating Engineers representing members of the Public Works Department
and the City Council's Labor Consultant and Management Bargaining Team
and said negotiations and ultimate mediation have resulted in mutually
acceptable contracts, and
WHEREAS, the basic changes in the standard contract related to salary
and vacation resulting in the following for 1976:
Heavy Equipment Operators (1975 - $1065/month) $1148.33/month
Light Equipment Operators (1975 - $ 990/month) $1073.33/month
A 4th week of vacation to be granted upon completion of fifteen years of
employment.
NOW THERFORE BE IT RESOLVED that the contract as negotiated be and
is hereby established as the salary and fringe benefit program for
1976 for members of the Columbia Heights Public Works Department, upon
signing by both the union and City representatives.
BE IT FURTHER RESOLVED that the contract be made part hereof as though
set forth irt full and the readin9 of the contract is hereby waived.
BE IT FURTHER RESOLVED, that the City Manager be, and he is hereby
authorized and directed to proceed with the instituting of the changes
in accordance with the contract agreements effective January 1, 1976
upon receipt of said signed contract.
MOTIONRo]i Call: by Norberg,All Ayes Seconded by Heintz,~~~/~L_~/~/.~to adjour at :30 a.m.,
Bruce G. ~awrocki, Mayor
Secretary