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Memo - 2nd Reading of Ordinance 02-868 - Abolish Police Comm 0 CITY OF HOPKINS . MEMORANDUM To: Hopkins City Council From: Jim Genellie Date: April 9. 2002 Subject: Second Reading of Ordinance 2002-868 Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2002-868 for second reading, approve the summary of Ordinance 2002- 868 and order the summary published and posted at the Hopkins Activity Center and approve Resolution 2002-22 for second reading. The ordinance has been modified to bring Section 321.05 into conformance with Section 321.] 7. Attachments: . Summary of Ordinance 2002-868 . . Ordinance 2002-868 . Resolution 2002-22 The City Charter is being amended to create a Police Review Committee to replace the Police Civil Service Commission as an alternative review of disciplinary actions in the Police Department. Ordinalll;e 2002-868 defines the duties of the Committee and establishes the actual procedures that will be used in the event that it is asked to review a disciplinary action. . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2002-868 AN ORDINANCE FOR THE PURPOSE OF REPEALING HOPKINS CITY CODE SECTION 320.01 ET SEQ. AND IN ITS PLACE ESTABLISHING THE PROCEDURES AND STANDARDS FOR THE OPERATION OF A POLICE DEPARTMENT REVIEW COMMITTEE TO PROVIDE AN ALTERNATIVE APPEAL PROCESS OF DISCHARGE OR DISCIPLINARY DECISIONS INVOLVING HOPKINS POLICE DEPARTMENT EMPLOYEES. The following is a summary of the major provisions of the new ordinance: . The ordinance establishes the procedures and standards to be utilized by the Police Review Committee when it is requested to conduct a review of a Discipline and Discharge decision affecting a police department employee. The Committee serves as an altemative to any arbitration process estabhshed by union contracts. . The ordinance establishes the membership of the Committee. . . The ordinance establishes the method for requesting a review by the Committee. . The ordlnance establishes how hearings are to be conducted. . The ordinance defines the authority of the Committee in upholding, oveliuming, or modifying disciplinary sanctions and establishes the timeline for Committee decisions. . The ordinance defines the process for appeahng a decision of the Committee. A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins Activity Center. First reading: March 19, 2002 Second reading: April 9, 2002 Date of Publication: April 17, 2002 Date Ordinance Takes Effect: July 17,2002 . 1 ------ . --~ Mayor ATTEST: Terry Obermaier, City Clerk . . 2 . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2002-868 AN ORDINANCE FOR THE PURPOSE OF REPEALING HOPKINS CITY CODE SECTION 320.01 ET SEQ. AND IN ITS PLACE ESTABLISHING THE PROCEDURES AND STANDARDS FOR THE OPERATION OF A POLICE DEPARTMENT REVIEW COMMITTEE TO PROVIDE AN ALTERNATIVE APPEAL PROCESS OF DISCHARGE OR DISCIPLINARY DECISIONS INVOLVING HOPKINS POLICE DEPARTMENT EMPLOYEES. THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: HOPKINS CITY CODE SECTION 320 IS REPEALED IN ITS ENTIRETY AND THE FOLLOWING LANGUAGE IS ADOPTED IN ITS PLACE: SECTION 321 -HOPKINS POLICE DEPARTMENT REVIEW COMMITTEE ST ANDARDS AND PROCEDURES. . 32 I .01 Establishment. Pursuant to the Hopkins Chmier, there is a Hopkins Police Depmiment Review Committee with the powers and duties provided in the Charter and in this Section. 321.03 Definitions. (1) "Covered Positions" means full time employment positions with the Hopkins Police Depm1ment which are subj ect to the terms of a collective bargaining agreement as of the date tll is Section becomes l<lw. (2) "Covered Employees" means persons employed in a Covered Positioll. (3) "Committee" means the Hopkins Police Depmiment Review Committee. (4) "CBA" means collective bargaining agreement. (5) "Discharge" means termination of a Covered Person's employment with the Hopkins Police Department. (6) "Discipline" means any of the following actions taken by the Department against a Covered Employee: suspension, with or without pay, written reprimand and demotion, except . 1 . demotions caused by a reduction in force. (7) "Service" or "Served" means personally delivered. Service by mail or celti fied mai I shall not constitute adequate service. (8) "Documents" means all written documents, copies ofwritten documents, computer hard drives, computer disks, e-mails or other electronic communications. (9) "Department" means the Hopkins Police Department. 321 .05 Purpose. The purpose ofthis Section is to establish the procedures and standards to be utilized by the Committee when it is requested to conduct a review ofa Discipline and Discharge decision affecting a Covered Employee. The Committee shall be an altemative to the arbitration process for the review of a Discipline or Discharge decision. The Committee shall not operate in any way that prevents or limits a Covered Employees' legal right to a hearing arising [rom the Covered Employee's status as a militmy veteran. 321.07 Application. This Section applies to all Covered Positions as of the date this Section becomes law. . 321.09 Membership. The Committee shall consist of three (3) members who are citizens of Minnesota and residents of Hopkins. No Committee member shall, at the time of appointment, hold any other office or employment with the City of Hopkins. Committee members shall serve vvithout pay, except that the City Council shall allocate funds to pay expenses incuned by the Committee to perf 01111 its duties. 321.11 Duties of Committee. The Committee shall, upon a request pursuant to this Section, review any Discipline or Discharge decision affecting a Covered Employee. 321.13 Meeting. The Committee shall, at its initial meeting, elect a Chairperson who shall preside over the Committee's meetings. The Committee shall not meet unless all three members arc present. The Committee's decisions do 110t require a unanimous vote. All decisions, including the Committee's final decision, may be by simple majority. The Committee shall, at its initial meeting, establish the time and place of its future meetings. 321.15 Request For Review. A Covered Employee may request review by the Committee of any Discipline or Discharge decision. The request must be served in writing to the Chief of Police with a copy to the City Manager and City Attomey_ . 2 . 321.17 Altemative Review. Review by the Conm1ittee shall be licu of any arbitration process established by a CBA according to the provisions ofthe Public Employment Labor Relations Act, except the Committee shall not operate in any way that prevents or limits a Covered Employee's legal right to a hearing arising from the Covered Employee's status as a military veteran. 321.19 Hearings. The hearings shall be open to the public and shall be transcribed. The Committee shall have the power to issue subpoenas to compel the attendance and testimony of witnesses and the production of documents relevant to the case. Witnesses shall be entitled to the same fees and mileage as [or attendance at District Court, except that any officer, agent or employee of tl1e City of Hopkins who receives compensation for attendance shall not be entitled to fees or mileage. The Covered Employee shall have the right to be represented by a thi rd party at the hearing, shall be entitled to present evidence on his or her behalf, shall be entitled to Subpoenas from the Committee to compel attendance of witnesses and shall be entitled to examine any witnesses testifying on behalf of the Department. 32] .21 Committee Authority. The Committee, after receiving the evidence, may sustain the Discipline or Discharge decision or overtum the Discipline or Dlscharge decision and impose whatever lesser sanction the Committee deems appropriate, if any, In reviewing a Discipline or Discharge decision, the Committee shall uphold the decision unless the Committee detel111ines that the decision was not reasonable, after giving due consideration to all evidence presented to the . Committee. The Committee may consider all evidence it deems relevant to the matter, including but not limited to the Covered Employee's work history with Hopkins or other employers, including any previous discipline, the length ofthe Covered Emp]oyee's employment with Hopkins, the nature and severity of the Covered Employee's actions for which the Discipline or Discharge was imposed and the nature and extent of Discipline or Dlscharge actions taken by the Department for other Covered Employees alleged to have committed similar vl01atlons. A Covered Employee reinstated by the Committee's decislon is entitled to all back pay lost as a result of the Discipline or Discharge decision. 321.23 Findings and Decision. The Committee shall, upon completion of the hearing process, render a decision within five (5) business days. The decision shall be in writing and shall set forth factual findings upon which the Committee's decision is based. 321.25 Appeal. Either the Department or the Covered Employee or both may appeal the Committee's decision to Hennepin County District Comt. The appeal must be in the f01111 of a District Court Complaint and must be served and filed within five (5) days of the Committee's decision, excluding the day the Covered Employee or Depaltment received the decision. Copies of the Covered Employee's decision must be served on the Department, the City Manager and City Attomey at the time the appeal is filed with the District Court. Coples of the Department's appeal mLlst be served on the Covered Employee or Covered Employee's legal representative at the time the appeal is tiled with the District COLlrt. Ifboth the Covered Employee and Department appeal, the appeals shall be conso lidated by the DistIict COLlrt. The Conunittee Chair shall provide the District . 3 - ------- . Court with a copy ofthe record of the hearing, including the hearing transclipt and any documentary evidence submitted. The appeal shall be heard by a Judge of the District Court without ajury. The question to be detenl1incd by the District Court shall be: "Was the Committee's decision sLlpp0l1ed by a preponderance of the evidence?" The District Court's decision shall be subject to appeal pursuant to the rules goveming Minnesota's appellate courts. 321.27 Severability. Every section, provision or part of this Ordinance is declared severable from every other section, provision or part. If any portion of this Ordinance is held invalid or unenforceable by a court of competent jurisdiction it shall not invalidate any other section, provision or pm1 of this Ordinance. First reading: March 19, 2002 Second reading: April 9, 2002 Date of Publication: April 17,2002 Date Ordinance Takes Effect: July 17, 2002 . Mayor ATTEST: Terry Obel111aier, City Clerk . 4 - -- --- --- . City of Hopkins Hennepin County, Minnesota RESOLUTION NO. 2002-22 A Resolution abolishing the Police Civil Service Commission of the City of Hopkins WHEREAS, the City of Hopkins has delegated control and supervision over employment, promotion, discharge and suspension of all Police Department employees to the Police Civil Service Commission of the City of Hopkins; and WHEREAS, such control have been in effect since the 1940s, updated on August I, 1978 and is authorized by Jvli111lesota Statutes, Section 419; and WHEREAS, the collective bargaining agreement with the Police Department employees and other City of Hopkins rules duplicate the process covered under the rules and regulations of the Commission; and . WHEREAS, the City Charter has been amended to establish a Police Review Committee that will serve as an alternative method of disciplinary review; NOW, THEREFORE, be 1t resolved, by the City Council of the City of Hopkins, that the authority granted under Ordinance No. 77-438 to establish and operate a Police Civil Service Commission is abolished by unanimous consent effective July 17, 1002. Adopted by the City Council of the City of Hopkins: First reading: March 19,2002 Second reading: April 9, 2002. By: Gene Maxwell, Mayor ATTEST: . TelTY Obermaier, City Clerk