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Memo-Public Works Department Reorganization (2) <- , . Public Works Department . Memorandum To: Honorable Mayor and Members of the City Council Copy: Steven C. Mielke, City Manager ccP From: Steven J. Stadler, Public Works Director Date: November 20, 2003 Subject: Public Works Department Reorganization I believe that the proposed Option 3 organizational structure (see attached chart) will work for Hopkins Public Works. However, the transition to the new organizational structure must be handled carefully for the reasons detailed below. . I've reviewed many position descriptions for field supervisors with a pay range close to our Range 7 ($21.09 - $28.38/hr). While there is virtually no difference between these descriptions and our Range 8 superintendent job descriptions, our superintendents must do more, function with more autonomy and carry a heavier load of administrative work than field supervisors at other cities who work under an operations manager. All the positions require scheduling and working with field crews, various admin duties and assisting the public works superintendent or operations manager with development of capital plans, budget plans and expenditure controls. Of course, the new operations manager will take on some of the administrative tasks currently performed by the superintendents. In order to meet the goal of the Option 3 reorganization plan, the end result must be a lessening of duties such that, when analyzed, the supervisor positions will actually grade-out as range 7. - However, the new operations manager will need some time to adjust to the new position and determine what duties to take on from each superintendent, i.e., redefining what assistance means with the new organizational structure. Adequate adjustment time will be especially important if the operations manager doesn't have prior experience in each of the public works divisions. This redefining of roles/duties is much more likely to occur in a cooperative, positive manner if there is a transition period during which the existing superintendents retain their current pay grade. If not, there could be resistance and uncooperative attitudes, which would translate . down to all the workers and negatively impact morale, efficiency and customer service. Given the personnel cutbacks to-date, it is imperative that from the onset of :t: .~....... ". . the transition period there is improved teamwork and cooperativeness within the PW operations areas. This won't be possible with disgruntled supervisors who feel unfairly treated. With an experienced candidate for operations manager, the transition period could be one year. With a relatively inexperienced candidate, I believe a two-year transition is necessary. In addition, if the selected candidate for the operation manager position is a current city employee there will, most likely, be transition-related demands from the previous position he/she held. I propose that the current superintendents remain at their current range 8 level throughout the transition period of one or two years, depending on experience level of new operations manager. After the transition period, wages of all three of the field supervisor positions would be frozen until retirement or they reach the range 7 wage. The reorganization calls for combining the streets and utility divisions. If the new division field supervisor is chosen from an internal candidate, the supervisor that is not selected would remain at their current pay grade through the transition period then be frozen until the supervisor is PERA retirement-eligible (2.5 - 3 years), at which time the position would be eliminated. If the new streets/utility field supervisor were not filled internally, the existing street and utility superintendents would remain as assistant field supervisors until each is retirement-eligible (2.5-3 years). . Transition costs: . The exact cost of the transition described above depends on who fills the new positions, i.e., operations manager and streeUutility division supervisor. The range of expected cost is $50,000:- $11 O,OOO/year for the proposed transition period until retirements. Approximately 85% of these costs will be funded from the water & sewer utility funds; the balance can be absorbed within the proposed 2004 general fund budget. . Expectations of new organizational structure The new organizational structure will bring new challenges and opportunities for the department. I intend to work with the existing PW Labor-Management Committee on both the challenges and the opportunities to improve. I would welcome any City Council input. If you have areas of concern, please discuss them with the City Manager. In closing: This proposal represents what I firmly believe is necessary in order to effectively transition to the new organizational structure while maintaining a positive work environment where all employees can continue to provide quality services and, therefore, continue to reflect well on our city government as a whole. . , , #j- r-',;.'~ .. -~ - _.__._--.~ --.". · r---e ... I'll o E e II) III ... D/I !z CI) "E ~ ~ =6 OwW CD i-~o z ::!E ~ 0. >- .c.5:5. 'In ~ca.> ::::l t)Jgo~ ..J 5 a:: CI) CD 0: ~ (J - 0 W "C :5. 0) t'? =wen -. N'O t'? .... CD _. -m LL .... L...-.- ,....-- ... t lii III _ g 'ii ~ Qi ~(l) 'en D/I .- CD(l)':':: lI,l,:t: -Ill ZD::' Cf.I [:..J..J ~::lla l'lI:I Ow ~!!:! II) ====::3 ~Q. :; .5,gf:! j::C) w~ 0. !DE::>. lD'E CD 'ECII~ ~ "'::Ii w:!,jl llo~~ _ ~8 ~ g:!!:; 0:: -- e::: I- .. >.._ 0 ..c l'lI (,) 0:> w.... 1-::1 "C CII_ = 0 III H:> a. ::!E (/) 'Q) ClI ==..... ::. m :!! e ..., o .- l:;;: t'? Oolll: CIII- LL CI) ::l ~ (f) ~ a. L-- Q l- >- -------. e::: ... ... M I- 0-8 ..; III ~ (/) II) l'lI III lJ) G) . W .- CD C ::E-c > ~ a: ~ -' e L ..!!!G '" 'l:: " 0 ~ ~ ;:", ~ 1;; c" m O " -.. Q. '- ~". '" m.!! C C :J... u I'll ___ell ... 1)C .. en 0" '-- _ C -0.= " .. "51 rn" m ." G ~ ~ '" '" LC - '" - ~ .<!:o _~I- '" .- e::: Cl) lii == =e:::a. OW "';;:.. ~ ~ .. ;: ~ . a. L...-.- Q. a. a.(J ... . 0'0 II) ..... ... CI) t:: u 0 w <C ... EOe ClI i= Gl III -oJ!! .. - .c; CD C lJ)"'C III '--- ..J .. I'll lIIeo !! ;;;- <; '-- ~ C "=1;; :>~t-- <( _ I'll <(~~ ~iii"';' u.. $ :!! u~t.J -oee=- c ClI.c '-1'lI Gl >(u seE- 0 wen i::'oE l'Il 0 l,,) -(JGl e en _ l,,) III CI) __ _ _ . "___ .___.__w d., _ ... CD ... III 0 o .E.c ..... iii I!! Z CD l,,) .S!.s t:>'eII - C ClI C I'll =Clii~ a:: W I- CIlc .........0 W 1--." (.)._ 0 ell:> !-- W b ~ L- ~ 'E at:> · ~.- w '> 0 (,)eIIl- C) 0 N :; 0 .,.:CI)c.. Z ...:~. () :: ('II W :g <t <C .. Q ~ '" ~._~-~- - ..~ . . MILLER, STEINER & CURTISS, P.A. A TfORNEYS AT LAW 400 WELLS FARGO BANK BUILDING 1011 FIRST STREET SOUTH HOPKINS, MN 55343 JERRE A. MILLER JEREMY S. STEINER * WYNN CURTISS (952) 938-7635 KIRSTEN A. HOLSETH FAX (952) 938-7670 "Real Property Law Specialist, certIfied by the Minnesota State Bar Association Writer's Direct Dial No. 952-253~OO71 November 20, 2003 The Honorable Eugene Maxwell, Hopkins Mayor Council Member Rick Brausen Council Member Karen Jensen Council Member Diane Johnson COlmcil Member Bruce Rowan Re: Legal Services Dear Mayor and Council Members: . The purpose of this letter is to outline the terms and conditions under which Miller, Steiner & Curtiss, P .A. ("MSC") will continue to act as City Attorney and provide legal services to the City of Hopkins ("City"). CIVIL LEGAL SERVICEK MSC has served as City Attorney, appointed by the City Council, to advise the City on legal matters, for many years. In this capacity, MSC provides all civil legal services (the "Civil Services") required by the City, except those legal services that are from time to time provided to the City by the Minnesota League of Cities Insurance Trust or specialized legal services, such as counsel to assist with public financing. At this time, the Civil Services are provided by each of MSC's three partners and one associate attorney, but effective December 1,2003, Mr. Miller will be retired and will no longer provide any legal services to the City. The Civil Services include, but are not limited to, attending regular and special City Council meetings and such other meetings of the Hopkins City Council, the Hopkins Planning and Zoning Commission and such other City committees and commissions as City staff and elected officials deem necessary and appropriate. The Civil Services also includes representing the Hopkins Housing and Redevelopment Authority. The Civil Services also include: advising City staff and elected officials in the conduct of various City functions, including review and drafting of ordinances, City Council resolutions, contracts, . 1 . ._" . :\J,. .- .- . easements, property development agreements and other similar types of documents; researching and reporting to City staff regarding legal questions related to City functions; and representing the City in various types of litigation, including representation of the Hopkins Housing and Redevelopment Authority at eviction hearings. . Since January 1,2001, MSC's fees for providing the Civil Services have been $95.00 an hour for attorney time and $42.00 an hour for paralegal time. On occasion, third parties reimburse the City for Civil Services at rates negotiated between the City and the third party, which may be higher than the normal rates charged for Civil Services. All costs incurred by MSC, such as . filing fees for legal documents, costs to serve legal documents and other similar costs, are billed to the City at cost each month. - MSC proposes to increase its fee for attorney services provided by the partners to $105.00 an hour effective January 1,2004, and $110.00 an hour effective January 1,2005. Increases in those hourly rates after December 31,2005, will be subject to City Council approval. However, the fees for associate attorney time and paralegal time would remain at the current rates. PROSECUTION SERVICES. MSC provides prosecution services required to prosecute the criminal offenses for which the City is responsible (the "Prosecution Services"), including enforcement of Hopkins' code of ordinances. At this time, the personnel providing such services include a partner, who has provided prosecution services for more than 14 years, and an associate attorney and paralegal under the partner's direct supervision. . The Prosecution Services provided include, but are not limited. to, reviewing police reports, preparing criminal complaints, processing DUI forfeiture cases, responding to requests for legal OpInlOnS from the Police Department and other City departments with enforcement responsibilities, preparing all administrative and legal documents required by the Court and attending all . court appearances at the Ridgedale Courthouse and the Hennepin County Government Center, including arraignments, pre-trials, evidentiary. hearings, jury trials, sentencings, probation violation hearings, expungement hearings and property forfeiture hearings inDUI cases. MSC also prepares any appeals or responses to appeals arising from criminal cases. In addition, to the extent desired by the City, MSC provides such legal advice and training regarding criminal law to the Hopkins police department and such other of the City' departments as have. law enforcement and code enforcement responsibilities. All personnel providing the Prosecution Services are MSC employees and MSC is responsible for all employment matters related to these employees, including employee benefits, workers'. compensation, unemployment compensation and professional liability coverages. Upon the occasions when a conflict of interest might exist regarding a particular prosecution, MSC may subcontract for assistance from attorneys who are not MSC employees. MSC will provide the identities of these individuals to the.City when such a conflict referral is made. . 2 J- ~ \t _. -' , . To provide the Prosecution Services, MSC receives from the City, without charge, all information, data, and reports necessary for the prosecution services, including police reports and arrest records. MSC agrees to maintain the confidentiality and privacy of documents that the City provides, in accordance with the Minnesota Government Data Practices Act. Since January 1, 2001, MSC's fees for providing the seryices have been $82.50 an hour for attorney time and $42.00 for paralegal time. All costs incurred by our office, such as costs for certified copies of driving records, costs to serve witness subpoenas and other similar costs, are' billed to the City at cost each month. At this time, we are not proposing an increase in either or these rates. GENERAL The appointment of MSC as City Attorney will remain in effect indefinitely, subject to review at the discretion of the City Council. It is expected we will meet annually in June or July with the City Council, City Manager, Chief of Police and such other members of the City staff as the City wishes, at which time the parties will review and discuss any issues related to MSC's provision of legal services, including any proposed changes in our hourly fees. Invoices for legal services and costs are submitted monthly and payment of those invoices is due . to MSC within 30 days of submission of each invoice. MSC will not incur expenses for any seminars, conventions or other similar events related to the Legal Services unles'sthe expenses are approved in advance by the City . In its capacity as City Attorney, MSC represent the City through its elected officials and their .. designated representatives. MSC does not represent individual elected officials, appointees or employees of the City. MSC values its long-standing relationship with the City and intends to continue to provide the City with cost effective, quality legal services. It has been MSC's privlIege and pleasure to provide these legal services and it is our continued desire to do so. We look forward to meeting with youto review this letter and respond to any questions you might have. Sincerely, Sr--- ~~~ / WyntfCurtiss . -'-- / " / / cc: Steve Mielke . 3 u.