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i"l MEMO TO: MAYOR AND CITY COUNCI <br />FROM: CLERK-ADMINISTRATO <br />DATE: APRIL 16, 1985 <br />SUBJECT: EMPLOYEE. AFTER HOURS USE OF CITY GARAGE <br />Pursuant to direction at the April 1 Agenda Session, Staff <br />has contacted our Risk Management Consultant, City Attorney, <br />and Labor Relations Consultant to provide advice with <br />respect to a request from the Public Works Department that <br />employees be allowed to use the City Garage after hours for <br />maintenance and repair of personal vehicles. <br />City Attorney Meyers has advised that should the City <br />Council decide to allow the use of the Public Works Garage <br />by City employees a Waiver of Liability for those employees <br />using the garage will not protect the City completely from <br />liability should injuries result from the employees use of <br />the facilities or equipment. He felt that should we allow <br />the use of the facility we should minimize the City equip- <br />ment that the employees are allowed to use in order to <br />reduce our risks. Labor Relations consultant, Cy Smythe <br />indicated that he has, in the past, recommended against such <br />practices by other cities who have contacted him with <br />respect to similar situations as it more than likely would <br />De considered a past practice should the issue ever be <br />brought to arbitration and if we attempt to enter into an <br />agreement with the Union to make it a non -contract benefit <br />we would simply provide more reason for an arbitrator to <br />determine that it is indeed a benefit due to our efforts to <br />give it non -benefit status. Finally, our Risk Management <br />Consultant has indicated that there would be no appreciable <br />impact on our insurance rates should w- allow employee use <br />of the Public Works Garage, however, he recommended that <br />should this practice be allowed, a policy statement be <br />adopted by the City indicating that the use of the City <br />Garage by employees after hours is not considered part of <br />the employee's duties of employment and that employees using <br />the garage after hours are not covered under the City's <br />Workers Compensation coverages. <br />Your direction in this matter would be appreciated. <br />DFP/mjs <br />