8.3a. SR 11-13-2001TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and Council
Personnel Committee
Sandy Peine, Dave Potvin, Bruce West, and Lori Johnson
November 13, 200 I
City Prosecutor
Item 8.3.a
The Personnel Committee is responsible for reviewing all new positions to recommend the
point value and pay grade for the position. The Committee met in October to review the
new City Prosecutor position approved by the Council during budget discussions in
September. As is often the case with a new position, the Committee is waiting to make a
final point value recommendation until an employee has been in the position for six months
to a year and the point value can be based on actual duties. Typically, a new employee is not
hired at the top of the recommended pay range so there is room to adjust the pay grade
either up or down later depending on the actual point value without affecting the employee's
actual pay. The Committee understands that this may not be the cause for this position,
which makes the task of determining the correct pay grade even more important. After
considerable research and discussion, the Committee is prepared to recommend a pay grade
for this position.
Attached is some background information on the pay equity law, what determines a
position's value in the city's pay system, and the Personnel Committee's role. Based on the
city's evaluation system, a position's value is determined on the duties and responsibilities of
the position. There are three main items the Committee considers when reviewing new
positions: 1. The duties and responsibilities of the position as proposed. 2. Salary survey
data for similar positions in other similar cities. 3. How the position fits in the city's pay
structure and the need to maintain internal balance.
The Committee reviewed the City Prosecutor position based on the duties described in the
job ad and the Council discussion of the position. Both the ad and Council discussion
indicated that the City Prosecutor would spend the majority of his or her time prosecuting
court cases. The balance of the time would be spent on routine items such as code
enforcement and zoning issues. The Committee also reviewed salary survey data to ensure
that the recommended pay is comparable to other jurisdictions. Unfortunately, no survey
data was available because there are no other metro cities with a population of 10,000 to
25,000 (class 6 cities) that employ a prosecuting attorney, or any attorney. The Committee
did review pay rates for similar attorneys in Anoka and Sherburne Counties and Oakdale.
Finally, the Committee looked at the city's internal position and pay structure and the need
to fit this position in while still maintaining the integrity of the system.
In conclusion, after carefully considering all of the information, the Personnel Committee is
recommending that the City Prosecutor position be placed at pay grade 8E. (The top step of
pay grade 8E is $67,200.39 per year for 2001 and $69,216.40 in 2002 ifa 3 percent COLA is
approved.) The Committee further recommends that the position be reviewed within one
year to determine a point value based on actual duties and, if necessary, that the pay grade be
adjusted accordingly.
PERSONNEL COMMITTEE OVERVIEW
THE PAY EQUITY LAW
The Minnesota Legislature approved the Local Government Pay Equity Act in
1984.
· In summary, the pay equity law requires equal pay for equal work.
· Determining equal pay for equal work requires a job evaluation system to
determine the relationship of jobs to one another.
· Requires that all jurisdictions file pay equity reports with the Department of
Employee Relations (DOER) every three years.
· DOER has developed a complex formula to determine compliance with the Act.
· Elk River's next report is due in 2002 for pay on December 31, 2001. (The
report is for the actual employees, pay, and point values as they existed on
December 31.)
POSITION VALUE/POINT RANKING
Point Values are based on three components:
o Complexity of tasks 40%
o Importance* 30%
o Unfavorable conditions 30%
*Importance of the position to the City as a whole and within the
department
The following are NOT considered when determining a position's point value:
o Educational requirements of position
o Education level of employee
o Department staff size or number of employees supervised
o Size of department budget
o Employee longevity
o Employee performance
WHEN DOES THE PERSONNEL COMMITTEE REVIEW A POSITION?
One of the following criteria must be met before the PC will consider reviewing a
position:
o Substantial change in job duties.
· Employee's department head must submit the review request.
o New position.
o Department head position with new employee in position.
o Council request.
WltAT ROLE DOES PC PLAY IN DETERMINING POINT VALUE?
· PC determines if position meets criteria for review.
* PC determines if a job analysis questionnaire (jAQ) needs to be completed or if the
position profile can be adjusted.
· PC sends information to consulting firm.
o Consulting firm uses computer program developed by Control Data.
o MAMA (an association of metro cities) developed the point values for each
task based on input from many city employees in each position.
o Consulting firm sends back a position profile and point value.
· PC reviews position profile for accuracy after initial review by department head.
· PC recommends point value and associated pay grade to Council.
OTHER
· The PC does not make actual pay recommendations for an employee or position.
· The PC does not make cost of living adjustment (COLA) recommendations.
· The PC does not let personal biases influence decisions.
· The PC does not make arbitrary decisions.
MEfflORANDUM
TO:
FROI~I:
DATE:
SUBJECT:
Mayor and Council
Pat Klaers, City Adminis~; ~r
November 13, 2001
City Prosecutor
Attached for your information is some material from the personnel committee regarding its
review of the city prosecutor position. Also attached is the recommendation from the chief
of police on the hiring of a city prosecutor and the terms and conditions of employment for
this individual. The recommendations in these two memos are not "in harmony" with each
other.
The personnel committee does an excellent job with an extremely difficult task and
responsibility. The committee makes recommendations to the City Council on point
rankings and pay ranges for all city positions. This work includes all new positions,
evaluating these positions after they are one year old, and the reevaluation of existing
positions when duties or responsibilities have changed. Recommendations of the committee
are generally approved by the City Council and the work of the personnel committee helps
to keep the city in compliance with the State pay equity law.
The personnel committee has recently begun reviewing pay ranges for newly established
positions based on the proposed job duties. When the city prosecuting attorney position was
established, the personnel committee was charged with reviewing the position and making a
recommendation on the pay range for the position. In doing so, the committee looked at the
duties and responsibilities of the position, similar positions in other communities and how
these other communities relate to Elk River, and also at the internal pay relationships among
existing Elk River positions.
Not too many new positions have been established in the recent past. All the employees in
these new positions complete a job analysis questionnaire 0AQ) within a year of
employment. The JAQ is then used to develop an accurate position profile and point
ranking. The point ranking then translates into a pay grade (range) for the position.
The personnel committee evaluated the city prosecutor position with the understanding that
some routine city attorney duties could be part of the position. How many of these duties
and the type of these duties that the position can handle relates to a number of factors,
including our city needs and priorities, the amount of work required for prosecuting services,
and the timing for hiring adequate support staff. Recendy, and before the committee
reviewed the position, I have had discussions about a change in the fide as to include the
assistant city attorney reference and to have the posidon report to me versus the police chief,
but this in itself does not necessarily change the make up of the position.
With the city prosecutor position, the committee is recommending a slightly lower pay then
what the chief of police would like to pay the top candidate for the position. The City
Council has two options... 1) The City Council can agree with the personnel committee and
offer the position to the top candidate at the pay range recommended by the committee. If
this is the situation and the pay range is not acceptable to the top candidate, then the city will
either have to re-advertise for the position or decide to pursue a contract for services
arrangement...2) On the other hand, the City Council can accept the chief's
recommendation and, in early 2003, the city will have to deal with the situation if the
position profile and point ranking does not result in a match between the pay and the
position. If this happens there will be a variety of issues that need to be addressed in order to
be in compliance with the comp worth law. However, the position point ranking may turn
out to match the pay and then there will be few if any issues that need to be addressed.
Under ideal conditions, the top pay as recommended by the personnel committee would at
least match the minimum pay expectations of the top candidate; but as we all know this is
not a perfect world and we have to deal with this issue in a straightforward manner. Either
we hire the applicant at a pay above the recommendation of the personnel committee or we
don't. If we do so, then we will have some spin off issues to address in 2003 if the point
ranking does not match the pay for the position.
Police Depadment
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Thomas D. Zerwas, Chief of Police
November 7, 2001
SUBJECT: Assistant City Attorney/City Prosecutor
On July 2, 2001, the city council authorized the hiring of a City Prosecutor for criminal
prosecution. At that time, I had verbally indicated that the salary for this position in 2002
would be approximately $72,000.00.
We advertised for this position in the Elk River Star news and only received two (2)
applications back from interested candidates. The two (2) candidates have backgrounds in
prosecution in Sherbume County either presently or in the past.
The oral board consisting of the Anoka City Prosecutor, Coon Rapids Assistant City
Attorney/Prosecutor, Assistant Chief Beahen and I, interviewed the candidates. We were
very impressed with both candidates. The decision of the oral board was that Chris
Johnson, Assistant Sherbume County Attorney, was the top choice.
Prior to the oral interviews, City Administrator Patrick Klaers and I had discussed the
prosecutor's position. Pat indicated that the City Attorney would like the City Prosecutor to
be able to sign plat documents and also to be used for more "routine" city attorney details. I
indicated to Pat that this was what Coon Rapids used their Assistant City
Attorney/Prosecutor for and I thought this would be appropriate.
I spoke with Chris Johnson and advised him that he was our first choice for city prosecutor.
I indicated to him that if the city council approved, his official title would be Assistant City
Attorney/City Prosecutor. I asked Chris if he would be interested in the position that would
include some additional duties above that of City Prosecutor. He indicated that he was very
interested in these additional responsibilities.
Chris and I then discussed wages. Chris indicated he would be willing to start at a salary of
$71,000.00 with an increase to $72,676.09 on July 1, 2002. This salary would be several
thousand dollars below what Chris would earn if he were to stay with Sherbume County.
However, because of the challenges and future possibilities, he would accept the position for
lesser pay than what he would earn with Sherbume County. As for benefits, Chris would
like to have fifteen (15) days of vacation and fifteen (15) days of sick leave on the books
when he starts working for the City. Chris would also like his rate of accruing vacation
based on what an employee with ten (10) years of service with the City would earn. What
Chris is requesting is comparable to what he earns at Sherbume County.
I am, therefore, recommending that the city council authorize the hiring of Chris Johnson at
the above requested wages and benefits. If the city council authorizes the hiring of Chris for
this position, it would be contingent on him successfully passing the background checks.
If you have any questions about this recommendation, please give me a call.
TDZ/kma
TERPSTRA, BLACK & MOORE, LTD.
A-FFORNEYS AT LAW
RONALD G. BLACK
ELJT_ABETH K. MOORE
BRIAN A. PARK
JAMES A. BUMGARDNER
RHONDA d. MAGNUSSEN
JOHN W. TERPSTRA (RETIREE))
November 9, 2001
HAND DELIVERED
Ms. Stephanie Klinzing
Mayor of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
Re: City Prosecuting Contract
Dear Mayor Klinzing:
Our firm learned that the City of Elk River placed an advertisement in the Elk River Star
News/Star Shopper for City Prosecutor for Elk River. While the ad appears to seek an in-
house attorney who reports to the Elk River Police Department, I write to express our
firm's interest in providing this service for Elk River.
First, our firm can afford cost-effective prosecution for the City of Elk River. We have a
team of five experienced trial lawyers and a support staff of three.
.~ec.o. nd, our attorneys have over 50 years of combined legal experience. We are familiar
with the Sherburne County court system as well as the local law enforcement and
administrative officials.
Third, our firm's historical presence in Elk River demonstrates our commitment to Elk
River. Many of our lawyers and staff reside in the community. We believe that the City's
confidence in local businesses and professionals is important to effectively prosecute and
curtail crime in Elk River.
Finally, we are concerned about the appearance of impropriety if the City prosecutor
works for or is significantly influenced by the Elk River Police Department. The Minnesota
Rules of Professional Conduct mandate that a prosecutor's responsibility is that of a
"minister of justice and not simply that of an advocate." Minn. R. Prof. Cond.' 3.8,
Comment--1985.
913 MAIN STREET · ELK RIVER · MINNESOTA · 55330
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