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HomeMy WebLinkAboutFeb 26, 1976Official Proceedings Special Meeting of the City Council February 26, 1976 -79- 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. -80- February 26, 1976 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 -82- February 26, 1976 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 -84- February 26, 1976 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. -86- February 26, 1976 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 -88- February 20, 1976 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