HomeMy WebLinkAbout9.a. Employee Longevity Request � CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCII.MEETING DATE: OCTOBER 3, 1995
AGENDA ITEM: EMPLOYEE LONGEVITY REQUEST AGENDA SECTION:
NEW BUSINESS
PREPARED BY: THOMAS D. BURT, CITY ADMINISTRATOR AGENDA��M � � �
ATTAC�NTS: MEMORANDA AND AGREEMENT APPROVED BY:
Rich Lonnquist, engineering technician, has asked that the city council consider his request to credit him with
years of service from January 2, 1976 to September, 4, 1990 when he worked for the city as a maintenance
worker. This request would allow Mr. Lonnquist to have an increase in his longevity rate and vacation accrual
rate. I have advised Rich that the conditions of the agreement he entered into with the city of Rosemount on
February 26, 1993 shauld remain unchanged, and I could not approve his request. Since the agreement was
approved by the city council in 1993, this council has the authority to change its conditions. Therefore, Rich is
requesting council consideration and discussion on his longevity request.
RECOMMENDED ACTION:
ACTION TAKEN:
9-27-1S95
To: Tom Burt
From: Rich Lonnquist
Re: Employment credit of time
I would like to request this topic to be on the Oct. 3rd
Rosemount City Council agenda for discussion.
Thank you,
t/��' `
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DATE: September 26, 1995
TO: Rich Lonnquist
FROM: Thomas D. Burt, City Administrator
SUBJECT: Longevity
I have reviewed the information concerning your request to reinstaxe your longevity with the
City Attorney. The agreement you entered into on February 26, 1993, for your present
position of Engineering Technician clearly did not acknowledge longevity. Therefore, the City
does not have an obligaxion to recognize your previous employment with the City. Your
employment with 'the City as a Maintenance Worker was separated on September 4, 1990, and
you received a severance check upon separa.tion. The Council's decision to hire you as an
Engineering Technician was ciearly defined in the agreement and you received additional
benefits because of your past employment with the City that a rypical new employee would not
receive.
You are a good employee and I do not want this issue to get in the way of your performance.
I am also sympathetic to the position you are in, but I cannot change the agreement you
entered into when you were hired as an Engineering Technician.
You may take the issue to the City Council to have them formally consider the issue, however,
please understand they are not obligated to reinsta.te your longevity. If you decide you would
like to appear before the City Council, please let me know so I may put it on the agenda.
Also, provide to me any information you feel appropriate so the Council may review the
information prior ta the meeting.
Thank you for your patience in letting me review the information concerning this issue. I am
availa.ble if you would like to discuss this further.
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MORANDUM
DATE: September 8, 1995
TO: Mayor& City Council
FROM: Thomas D. Burt, City A ministrator �
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SUBJECT: Rich Lonn uist Re uest or Lon evi
I have recently met with Rich Lonnquis to discuss his request for the City to credit him for his
years of service with the City. On Janu 2, 1976, Mr. Lonnquist began his employment with the
city as a maintenance worker. On Ma 2, 1980 he was injured on the job and sustained injuries
but ultimately returned back to the posi ion of maintenance worker and continued in the position
until spring of 1990. Because of freque t absences and advice he received, Mr. Lonnquist entered
a retraining program, paid for by the ci 's insurance carrier. From September, 1990 to June,
1992, Mr. Lonnquist was a full time stu ent studying to become an Engineering Technician. Mr.
Lonnquist was hired as an Engineering echnician Mazch 1, 1993.
When Mr. Lonnquist was hired as a En ' eering Technician he entered into an agreement with the
City that waived his rights to further cl ' s against the City. In that agreement, all benefits such as
a greater accrual vacation rate and a cr dit of 100 hours of vacation pay(earned when he was a
maintenance worker)were agreed upo and longevity was not provided as part of the agreement.
Mr. Lonnquist initially requested that h be recognized for his employment since 1976, but the
final negotiated agreement did not inclu e longevity pay. City Attorney Charlie LeFevere has
reviewed the information on Mr. Lonn uist and has indicated the City has no legal responsibility
to give him longevity, and it is support d by the agreement the City and Mr. Lonnquist entered
into when he was hired for the position of Engineering Technician.
Rich has indicated to me that Don Dar'ng had always told him there would be a job waiting for
him when he finished school. This is of ourse very difficult to substantiate, and Mr.Darling's
alleged promise of a job did not bind th city to give him a job or to give longevity credit, as Mr.
Darling did not have the authority to m e this type of agreement.
Since a previous City Council approve the formal agreement for Mr. Lonnquist's hiring, it is the
City Council now that must decide if c nditions of the 1993 agreement should be reconsidered.
The current impact of giving him long vity is he would receive 4% longevity pay or an additionat
$1278 on his 1995 salary and earn vac tion at the rate of 16 hours a month rather than his
current rate of 8 hours a month.
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T0: City Council and Mayor
Date : 8-21-1995
From : Rich Lonnquist
RE : Years of service
This letter will be as brief as possible, so if you have any
questions please feel free to call me at 423-3621 .
In December of 1975 the city of Rosemount hired me as a
maintenance person. On January 2 1976 I started full time.
On May 2nd 1980 I was involved in a serious accident while
at work. I was in the hospital for several weeks and
suffered many injuries .
In April of 1990 one of my injuries , a back problem was giving
me trouble and I was missing some work. The city of Rosemount
came to me with the idea of going back to school to become a
Engineerinq Tech. The idea was to get me off the heavy equipment
operating and into more of a desk job. I was told it would be
going from one building to the other.
Sepzember iy90 �n.rough Jar�e 1992 T was a fez1l time stuc��nt.
Much to my surprise when I graduated a job was not waiting
for me. As you could expect this brought much stress to not
only me but to my family.
The city did hire me as an intern in June and in March 1993
I was again hired full time. This is not the whole story
it is very complicated but to explain everything it :might
be easier in person.
I was not layed off or fired at any point of my career with
the city. When I returned from school I still had hours
on the books, sick, vacation ect,
All I want is my time from 1976 to the time I entered school
in 1990 to count on my record. When I started again in 1993
I was told I had to start over with my time. I did not
understand then and I still don't understand why to this day.
I worked hard and earned that time and it has always bothered
me the city took it away. This time would give me more vacation,
pay and senority. If I would have stayed with the maintenance
job I would be making more money mow then I am today.
I like my curr�nt job very much and I think it shows. I have
much responsibility in managing both small and large projects,
such as my curr�nt project of 1 .4 million dollars to running
the adopt-a-street program.
♦A �
I am not asking for anything I don't deserve. Most of you
know me and I would hope like me and like the kind of work
I have done for the citg. If I have done anything wrong
I guess it would be in trusting the people in charge of the
city at that time. Rosemount is our home and will remain
our hometown forever, we have much pride and respect for this
town.
This request probably sounds trivial to you but to me and family
it is not at all . In January of 1996 would have marked my 20
year anniversai-y with the city of Rosemount, right now I am
credited with two and a half years.
I had no idea I was giving up the things I guess I gave up, or
I would not have done it.
With your support in this matter we can correct the injustice
that has taken place. I would hope this administration will
treat their employees with respect as shown in the past.
Thank you for your time in this matter,
Rich Lonnquist
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AGR�ENIEI�TT
TI3IS AGREEN�NT is between the City of Rosemount, Minnesata ("City") and Richard
LeRoy I..onnquzst, 14645 Canada Avenue, Rosemount, MN 55068 ("Lonnquist");
RECITALS:
1. LONNQUIST previously was employed by the CITY and left the CTTY's
employment September, 1990 to attend St. Paul Technical College.
2. LON�IQUIST did not receive severance pay upon his departure from city employ in
1990.
3. The CITY is desirous of engaging an Engineering Technician to perform certain
responsibilities for the Public Works Department of the CITY.
4. LONNQUIST is interested in rejoining the CITY's employ in the Engineering
Technician position and the CITY wishes to employ LONNQUIST to fill this
position.
N4W, THEREFORE, the CITY and LONNQUIST agree as follows:
A. DUTTES. LONNQUIST shall perform the duties of Engineering Technician as set
forth in the "POSITION RESPONSIBII ITY WRITE-UP" incorporated by reference
into this Agreement as Exhibit A attached.
B. TERMS OF EMPLO�T�NT.
l. COMPENSATION. LONNQUIST's starting salary shall be $25,316.60 per
year. Following six months of satisfactory performance, LONNQUIS�'s
annual salary shall be moved to the bottom of the CITY's "B" range and
LONNQLTIST shall receive the annual sum of $28,052.64. Upon receipt of a
sadsfaetory evaluation after eighteen months of employment hereafter with the
CITY, LONNQLTIST shall be moved to the middle af the "B" range and
receive an annuai salary of $29,529.Q9.
2. BENEFITS. LONNQUIST shall receive employment benefits as set forch in
the City's 1992 Benefits Resolution with the following additions:
a. Upon execution of this Agreement by both parties, the CITY will issue
a check to LONNQUIST in the sum of $862.42, representing accrued
vacation of 62 hours (at the Maintenance II rate of $13.91 per hour)
due to LONNQIJIST.
b. LONNQITIST shall commence his emplayment with the CITY with
100 hours of accumulated vacatian.
c. LONNQUIST shall commence his employment with the CITY with
132.21 hours of sick leave.
d. LONNQUIST will accumulate vacation at the rate of a second year
city employee (12 days per year) instead af the vacation accrual of a
first year city employee (8 days per year).
3. OTHER EMPLOYMENT TERMS.
a. The CITY will treat LONNQUIST's pre-existing work with the CITY
and his unpaid internship period as fulfill.ing the customary six month
probationary periad for all new employees and the CITY waives any
further probationary period for LONNQUIST.
b. LONNQLTIST will receive $2,225.60 of severance pay by check from
the CITY upon execution of this Agreement. This sum represents the
four weeks severance pay LONNQUIST did not receive upon his
original departure from CITY employ in September 1990.
c. TERM. This Agreement shall take effect on �- 2�- ��
and shall remain in effect until the CITY has fulfilled the conditions
set forth in Paragraphs B2 and 3 above.
d. EMPLOYMENT STATUS. This Agreement shall not provide
LONNQLIIST with an employment status different in nature or
character from any other employee, except as specifically provided
herein, of the CITY's Public Works Department. LONNQUIST
agrees that he will be subject to the same terms and conditions of
employment, following the CITY's fulfillment of the conditions set
forth in paragraphs B2 and 3, as other CIT'Y employees similarly
situated.
e. RELEASE. Upon execution of this Agreement, LONNQUIST hereby
waives and releases the CITY from any and all claims, causes of
action and potential and existing liabilities of whatsoever nature arising
from LONNQLTIST's previous employment by the CITY and any other
interaction with the CITY up to and including the date of execution of
this Agreement.
Provided, however, that this Release paragraph shall not extinguish or
otherwise adversely affect LONNQUIST's workers' compensation
claim and public employee retirement association benefits accruing
during LONNQUIST's prior employment with the CITY. Prior
employment for purposes of this Release excepdon means
LONNQLTIST's employment with the CITY ending in September,
1990.
f. ADMIIVISTRATIVE PROVISIONS.
l. This agreement shall be govemed by the laws of the State of
. Minnesota.
2. This Agreement may only be amended by written amendment
executed by the parties to this Agreement.
3. This Agreement shall be binding upon the parties' successors,
. heirs and assigns.
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IN WITNESS WHEREOF, the CIT'Y and LONNQUIST have executed this Agreement
intending to be bound thereby.
CITY OF ROSEMOUNT
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Richard L. Lonnquist Steph , Jilk, City muustrator
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Dated: z��9 3 Dated: �"��
;:
Sus M. Wals , Administrative Assistant
Dated: �— �fo— Q�
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