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Item No. 10 <br />Meeting Date: May 5, 2008 <br />Type of Business: WK <br />WK: Work Session; PH: Public Hearing; <br />CA: Consent Agenda; CB: Council Business <br />City Administrator Review _______ <br /> City of Mounds View Staff Report <br /> <br />To: Honorable Mayor and City Council <br />From: Desaree Crane, Assistant City Clerk-Administrator <br /> <br />Item Title/Subject: Discussion of Resolution 5555 <br /> <br />Discussion: <br />The Mounds View City Council adopted Resolution 5555 on April 9, 2001. The intent of <br />the resolution was to reaffirm the relationship between the City Council and the Clerk- <br />Administrator. There have been many discussions in past Work Sessions and City <br />Council Meetings about the intent and interpretation of Resolution 5555 since its adoption. <br />On February 10, 2003, Staff presented to the City Council Resolution 5944, a resolution <br />rescinding Resolution 5555. At this meeting the City Council tabled action, and Resolution <br />5555 still remains in effect. <br />Staff received a letter from the AFSCME Council 14 Union on April 12, 2004, challenging <br />Resolution 5555. AFSCME felt that Resolution 5555 violated the Public Employment <br />Labor Relations Act (PELRA). According to the City Attorney’s memo dated June 2, 2004, <br />the resolution “does not prohibit direct communication between City staff and Council <br />members by instead merely outlines a policy whereby Department Directors are directed <br />to report to the City Clerk-Administrator in performing the day-to-day business of the City.” <br />Further, the City Attorney felt that Resolution 5555, ”does not infringe on the First <br />Amendment rights of AFSCME’s members or constitute an unlawful restraint of their <br />collective bargaining rights.” <br /> <br />Recommendation: <br />Review the previous staff reports and Council Minutes relating to Resolution 5555 and <br />provide direction to staff, if necessary. <br /> <br />Respectfully submitted, <br />Desaree Crane