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Mounds View City Council March 10, 2003 <br />Regular Meeting Page 23 <br /> <br />City Attorney Riggs indicated he had emailed Mr. Ericson concerning language in the 1 <br />indemnification clause. 2 <br /> 3 <br />Golf Course Manager Burg indicated she spoke with a representative of the company and had 4 <br />gotten agreement to make the adjustments. 5 <br /> 6 <br /> Ayes – 5 Nays – 0 Motion carried. 7 <br /> 8 <br />10. REPORTS 9 <br /> 10 <br />Council Member Quick indicated it was his understanding that Article 21 of the sick leave policy 11 <br />allowing for borrowing of sick leave has been implemented as was discussed at the closed 12 <br />session and he wonders if Council needs to act on this matter. 13 <br /> 14 <br />City Attorney Riggs indicated that whether or not to establish a policy is the right of Council. 15 <br /> 16 <br />Council Member Quick asked whether the City has to implement it. 17 <br /> 18 <br />City Attorney Riggs indicated it is language that exists in an agreement but, based on his reading 19 <br />of it, something that is subject to Council discretion. 20 <br /> 21 <br />Council Member Quick indicated he felt the matter should be discussed so that Council can 22 <br />provide clear direction to Staff. He then said that there is no policy on how to deal with this and 23 <br />he is quite concerned about the fact that the action may have put the City in jeopardy some way. 24 <br /> 25 <br />Council Member Quick commented that there is no approval and no conditions but it has been 26 <br />implemented so he would say that Council needs to act on this issue tonight one way or the other. 27 <br /> 28 <br />Mayor Linke began to comment but was interrupted by Council Member Quick who stated that 29 <br />there is a contract and a provision in the contract that has been implemented without Council 30 <br />direction. He then said he understands there was a misunderstanding of the conversation so 31 <br />Council needs to take action on it. He further commented that it has nothing to do with 32 <br />borrowing sick leave and that is not the discussion. 33 <br /> 34 <br />Council Member Quick asked whether Council wished to implement this section of the contract 35 <br />and, if so, what are the controls. 36 <br /> 37 <br />Mayor Linke said he understood Council Member Quick’s comments but using the language in 38 <br />the LELS should the City set up a policy borrowing against future sick time or go back to 39 <br />Resolution 5943 which would allow coworkers to donate already banked sick leave. 40 <br /> 41 <br />Council Member Quick indicated the policy is contained in the contract and the borrowing of the 42 <br />30 days is in the contract. He then said the City cannot go around the contract but can set up a 43 <br />policy that has to deal with the 30 days of borrowing. 44 <br /> 45