§ 23.02. Legislative responsibility.

The final responsibility for the collective bargaining process rests with the city council. Accordingly, the council shall:

(1)

Recognize by resolution exclusive representatives of employee organizations in accordance with state law.

(2)

Approve and ratify by resolution the selection of labor consultants to aid and assist in labor relations activities as determined by the executive branch of government.

(3)

Approve and ratify by administrative ordinance collective bargaining agreements negotiated between the designated representative of the city and the exclusive representative of an employee organization; provided, however, that any member of the council who is also a member of the bargaining unit whose collective bargaining contract is being considered by the council under this section shall not be authorized to take part in any manner, at any time while such member is both a member of the council and a member of the bargaining unit, in any discussion, debate, consideration, approval, ratification or making of the collective bargaining contract for such bargaining unit, or in any other contract as to that unit, which in either case is or might be construed to be a violation of Minn. Stat. § 471.87. The term "member of the bargaining unit" includes an active employee who is a member of the unit and a person on leave of absence from any position in such bargaining unit. The term "member of the bargaining unit" shall not include, for the purposes of this section only, a councilmember who agrees to effectively, lawfully and as may be necessary to prevent a potential violation of Minn. Stat. § 471.87, (i) waive any and all financial benefits that might otherwise accrue to the councilmember under a collective bargaining agreement with the city, and if necessary to return or pay back all such benefits that would inure to the benefit of the position he or she holds which is in the bargaining unit, or to the benefit of any position to which he or she would have rights to return upon termination of a leave of absence; and (ii) accept any reductions in financial benefits which may inure to the disadvantage of the position he or she holds which is in the bargaining unit, or to the disadvantage of any position to which he or she would have rights to return upon termination of a leave of absence. Such waiver and acceptance shall be in writing, approved as to form by the city attorney, and in such form and substance as to constitute an enforceable unilateral contract, and entered into freely and voluntarily by the councilmember for the purpose of avoiding a violation of Minn. Stat. § 471.87, and thereby permit the councilmember to participate fully in the city council's consideration of collective bargaining issues and contracts on behalf of the City of Saint Paul. Such waiver and acceptance shall upon execution be filed with the office of financial services, and maintained on file thereafter in that office.

(4)

Determine by resolution and with recommendation from the mayor whether the city should submit to binding arbitration when requested by the exclusive representative of a collective bargaining unit and impasse has been certified; provided, however, that any member of the council who is also a member of the bargaining unit whose collective bargaining contract is being considered by the council under section 23.02(3) shall not be authorized to take part in any manner, at any time while such member is both a member of the council and a member of the bargaining unit (a) in any discussion, debate, consideration, approval, ratification or making of the collective bargaining contract for such bargaining unit, or in any other contract as to that unit, which in either case is or might be construed to be a violation of Minn. Stat. § 471.87, or (b) in the determination provided for by this subsection as to binding arbitration. The term "member of the bargaining unit" includes an active employee who is a member of the unit and a person on leave of absence from any position in such bargaining unit. The term "member of the bargaining unit" shall not include, for the purposes of this section only, a councilmember who agrees to effectively, lawfully and as may be necessary to prevent a potential violation of Minn. Stat. § 471.87, (i) waive any and all financial benefits that might otherwise accrue to the councilmember under a collective bargaining agreement with the city, and if necessary to return or pay back all such benefits that would inure to the benefit of the position he or she holds which is in the bargaining unit, or to the benefit of any position to which he or she would have rights to return upon termination of a leave of absence; and (ii) accept any reductions in financial benefits which may inure to the disadvantage of the position he or she holds which is in the bargaining unit, or to the disadvantage of any position to which he or she would have rights to return upon termination of a leave of absence. Such waiver and acceptance shall be in writing, approved as to form by the city attorney, and in such form and substance as to constitute an enforceable unilateral contract, and entered into freely and voluntarily by the councilmember for the purpose of avoiding a violation of Minn. Stat. § 471.87, and thereby permit the councilmember to participate fully in the city council's consideration of collective bargaining issues and contracts on behalf of the City of Saint Paul. Such waiver and acceptance shall upon execution be filed with the office of financial services, and maintained on file thereafter in that office.

(5)

Approve as submitted final positions for arbitration when required by state law; provided, however, that any member of the council who is also a member of the bargaining unit whose collective bargaining contract is being considered by the council under section 23.02(3) shall not be authorized to take part in any manner, at any time while such member is both a member of the council and a member of the bargaining unit (a) in any discussion, debate, consideration, approval, ratification or making of the collective bargaining contract for such bargaining unit, or in any other contract as to that unit, which in either case is or might be construed to be a violation of Minn. Stat. § 471.87, or (b) in the determination provided for by this subsection as to final positions for arbitration. The term "member of the bargaining unit" includes an active employee who is a member of the unit and a person on leave of absence from any position in such bargaining unit. The term "member of the bargaining unit" shall not include, for the purposes of this section only, a councilmember who agrees to effectively, lawfully and as may be necessary to prevent a potential violation of Minn. Stat. § 471.87, (i) waive any and all financial benefits that might otherwise accrue to the councilmember under a collective bargaining agreement with the city, and if necessary to return or pay back all such benefits that would inure to the benefit of the position he or she holds which is in the bargaining unit, or to the benefit of any position to which he or she would have rights to return upon termination of a leave of absence; and (ii) accept any reductions in financial benefits which may inure to the disadvantage of the position he or she holds which is in the bargaining unit, or to the disadvantage of any position to which he or she would have rights to return upon termination of a leave of absence. Such waiver and acceptance shall be in writing, approved as to form by the city attorney, and in such form and substance as to constitute an enforceable unilateral contract, and entered into freely and voluntarily by the councilmember for the purpose of avoiding a violation of Minn. Stat. § 471.87, and thereby permit the councilmember to participate fully in the city council's consideration of collective bargaining issues and contracts on behalf of the City of Saint Paul. Such waiver and acceptance shall upon execution be filed with the office of financial services, and maintained on file thereafter in that office.

(C.F. No. 94-121, § 2, 2-23-94; C.F. No. 94-380, § 2, 4-20-94; C.F. No. 04-152, § 1, 3-3-04)