Memo- Review of Civil Service Duties and Responsibillties
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. I Office of the City Manager I
Memorandum
To: Honorable Mayor and Members of the City Council
From: Steven C. Mielke, City Manager..A
Date: November 6, 1998
Subject: Review of Civil Service Duties and Responsibilities
The Civil Service Commission has recently held a discussion with the City Attorney's
office concerning the duties and responsibilities of the Commission, the City Council,
and City staff, with regard to those items contained within the rules and regulations as
well as the Civil Service ordinance. In discussing this with Mayor Redepenning, it was
determined appropriate and advisable to share this information with the City Council.
The purpose of sharing this information is so that not only the Commission and staff,
. but also the City Council had a clear understanding of the duties and responsibilities of
the various parties involved in handling police administrative issues.
Attached is a memorandum dated August 7 from Wynn Curtiss, attorney to the
Commission. Within this memo he outlines the authorities that each of the various
bodies have in the area of police administration. I have asked Wynn to attend the
Council meeting and to review this memorandum with the Council and answer any
questions that may be generated within the document. Please call if you have any
questions prior to the meeting.
Attachment: Memorandum, Wynn Curtiss, August 7,1998
Mayorccreivewcivilse rv
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. VESEL Y, MILLER & STEINER, P.A.
PROFESSION AL ASSOCIATION
A TTORNEYS AT LA W
JERRE A. MILLER 400 NOR WEST BANK BUILDING JOSEPH C. VESELY (1905-1989)
JEREMY S_ STEINER * 1011 FIRST STREET SOUTH
WYNN CURTISS HOPKfNS, MINNESOTA 55343
.. ReLll Propcny LEI\\' Specialist, ~ertiried 612-938-7635
by Ihe I\.hnrie~ol.i:l State Bar AS5ocialion FAX 612-938-7670
MEMORANDUM
DATE: August 7, 1998
TO: James Shirley, Member, Hopkins Police Civil Service Commission
John Hutchinson, Member, Hopkins Police Civil Service Commission
Patrick M. Mullen, Member, Hopkins Police Civil Service Commission
Chief Earl Johnson
, 9t1 Manager Steve Mielke
t,
FROM: Wynn Curtiss
. The purpose of this Memorandum is to discuss, in general terms, the obligations and
responsibilities of the Hopkins Police Civil Service Conunission (the "Commission") and the
obligations and responsibilities of the Hopkins City Council (the "Council"), the Hopkins City
Manager (the "Manager") and the Hopkins Chief of Police (the "Chief') with regard to the operation
of the Commission.
COMMISSION'S AUTHORITY TO OPERATE
The Commission is a creation of Minn. Stat. 419.01 et seq. (the "Statute"), which authorizes
cities to adopt a police civil service commission and sets forth duties and responsibilities for the
commission. Hopkins has, pursuant to City Code Section 320.01 et seq. (the "Ordinance"), adopted
a civil service commission procedure. Essentially, the Ordinance restates exactly the language of
the Statute. The Ordinance and the Statute read in part:
The Conunission shall, from time to time, make, amend, alter, and change rules to
promote efficiency in the police department service and to carry out the purposes of
this section.
The Ordinance and Statute then set forth specific rules dealing with the procedures for hiring
and promoting police department employees and handling termination and suspension of those
employees. In addition, the provisions provide for the enactment of
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. such other mles not inconsistent with the provisions of this section as may, from time
to time, be necessary to secure the purposes of this section under Minnesota Statutes,
Chapter 419.
Section 320.09, Subd. 9(k) of the Ordinance.
COMMISSION'S ESSENTIAL FUNCTIONS
The Commission has two essential functions:
1. To establish procedural standards for hiring, promoting, terminating and suspending
all officers and employees of the police department, including the Chief of Police,
and;
2. Acting as a quasi-judicial body to investigate charges of inefficiency or misconduct
against a Police Department employee which are submitted to the Commission by
the Manager or the Chief. In addition, it is my understanding certain of the collective
bargaining agreements allow an officer who has been disciplined to appeal that
disciplinary decision to the Commission.
The Commission's primary action with regard to the hiring, promotion, termination and
. suspension of police department employees is to establish the process by which those decisions are
made. The Commission's purpose is to assure a fair process that assures individuals will be equally
treated with regard to police department decisions to hire, promote, terminate or suspend.
The primary means by which the Commission exercises its procedural function is to establish
the Police Civil Service Commission Rules and Regulations (the "Rules and Regulations"). The
Rules and Regulations provide the framework by which new employees are hired, promotions are
made and temlinations and suspensions are evaluated and reviewed.
The most significant limitation on the Commission is that it does not have the actual power
to hire, promote, terminate or suspend employees. The Commission's function is only to establish
the procedure by which those decisions are made. However, the decisions themselves are made by
the Manager, the Council and the police department managers, including the Chief.
The second I imitation on the Commission's authority is that it has no power to expend funds
in the operation or conduct of the department, such as establishing pay scales, vacations, sick leave,
hospitalization, insurance or other fringe benefits. Only the Council has the authority to make
decisions which have a direct monetary effect on the police department. Undoubtedly, the
Commission's decisions might have some small, indirect financial impact. However, those
circumstances would only occur within the limited areas the Commission has authority.
. There is some question as to whether a conflict exists between the authority granted the
Commission and the collective bargaining process. As to monetary issues, since the Commission
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. has no authority, the collective bargaining agreement is the controlling document. As to the issues
within the Commission's control, an argument can be made that the Commission, not the collective
bargaining agreement, is the controlling entity. There is. however. no case law or attorney general
opinions regarding the interplay between the collective bargaining agreement which deals with
hiring, promotion, termination or suspension and the authority of the Commission. To the degree
the collective bargaining agreement deals with the grounds for termination or suspension, it does not
conflict with the Commission. To the extent possible. the collective bargaining agreement and the
Rules and Regulations regarding procedures for hiring. promotion, termination and suspension,
should be read together. If portions of the collective bargaining agreement and the Rules and
Regulations directly conflict, it would be my opinion the collective bargaining agreement would
control and the Commission should amend its Rules and Regulations to be consistent.
ROLE OF CITY COUNCIL
The Council has a limited role in the operation of the Commission. Pursuant to the
Ordinance, the Conmlission members are appointed by the Mayor and approved by the Council. If
the Council has any authority over the police department pursuant to the City Charter, the Ordinance
and the City Charter should be harmonized to give effect to both. if possible. However, to the extent
they are inconsistent, the Ordinance would prevail and the authority granted the Council by the
Charter would be null and void.
. ROLE OF CITY MANAGER
While the City Charter gives the Manager authority over Police Department employees, it
must be exercised consistent with the Rules and Regulations.
As stated above, the Police Civil Service Commission Act and the City Charter must be
harmonized in order to give effect to both. If the City Charter grants authority to the Manager which
is reserved to the Commission, the Ordinance prevails, the Charter provision is ineffectual and the
Manager does not have that authority.
The Rules and Regulations however, do provide for extensive involvement by the Manager.
Section 11 provides that the Manager or the Manager's appointee makes the final selection of new
hired employees. Section 21 provides that the Manager or his appointee makes the final
determination for promotions. Section 23 provides that the Manager can file charges with the
Commission against an employee for the purpose of discipline or discharge. Section 27 provides
that a leave of absence may be granted at the discretion of the Manager or his appointee.
ROLE OF POLICE CHIEF
The Chief, like all other employees of the police department, is subject to the authority of
the Commission. The Commission has exclusive power to discharge the Chief, therefore depriving
. municipal councils of such power. Naeseth v. Village of Hibbing, 185 Minn. 526, 242 N.W.6
(1932). Atty. Gen. Opinion 73, P.145 (1954).
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. The Chiefs role is to provide the Commission the information needed to assist the
Commission fulfilling its functions. Therefore, the Chief would work with the Commission to
establish the procedures and standards for hiring and promotion. In addition, the Chief would assist
the Commission in its investigation of any charges brought against a police department employee
which the Commission has been requested to review.
CONCLUSION
The Commission's authority can reasonably be said to be limited to the establishment of
standards and procedures for hiring, promoting, terminating and suspending all officers and other
employees of the police department, including the Chief. The Commission's authority to establish
mles for police department employees is limited to those rules which are necessary to carrying out
the hiring, promotion, termination and/or suspension of a police department employee. Rules and
Regulations which have a direct financial impact on the City are probably invalid, unless otherwise
approved by the COlUlCi!. The Council's role is limited to approving the appointment of Commission
members by the Mayor. The Manager, pursuant to the City Charter, has the authority to hire,
promote, terminate, demote, and discipline all City employees, including police department
employees. The Manager's execution ofthat authority, however, is restricted with regard to police
department employees, in that he must comply with the Rules and Regulations set forth by the
Conunission. The Chief, who is subject to the Commission's authority, primarily provides
information the Commission needs for the purpose of establishing the standards and procedures for
. hiring, promoting, terminating or suspending police department employees.
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