Earned Sick and Safe Leave Task Force AGENDA

1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 3.1 Approval of Minutes of the June 23, 2021 Task Force Meeting 4. ORGANIZATIONAL BUSINESS 4.1 City of Minneapolis Ordinance 4.2 Discussion of Ordinance Enforcement Issues 4.3 Community Outreach & Engagement Plan (continued) 5. ADJOURNMENT

Earned Sick and Safe Leave Task ForceAGENDA

EARNED SICK AND SAFE LEAVE TASK FORCEWEDNESDAY, JULY 28, 2021HAEG CONFERENCE ROOM

4:00 PM

BloomingtonMN.gov: A yearly meeting schedule, agendas, and the official minutes once approved are available. If you require areasonable accommodation, please call 952-563-8733 (MN Relay 711) as soon as possible, but no later than 9:00 a.m. one business daybefore the meeting day.

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Commission Agenda Item

Originator City Manager's Office

Item Approval of Minutes of the June 23, 2021 Task Force Meeting

Agenda Section APPROVAL OF MINUTES

Date July 28, 2021

Requested Action:

Motion by _________, second by __________ to approve the minutes of the June 23, 2021 Task Force meeting.

Description:

Staff has prepared the attached minutes of the first task force meeting, held June 23, 2021. The Task Force isasked to review and approve the minutes, with or without edits.

Attachments:

Meeting Minutes for June 23 2021 (DRAFT).docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1004848/Meeting_Minutes_for_June_23_2021__DRAFT_.pdf

Meeting Minutes

Earned Sick & Safe Leave Task ForceWednesday, June 23, 2021

Bloomington Civic PlazaHaeg Conference Room

Bloomington, MN

1. CALL TO ORDER The meeting was called to order at 4:00 p.m.

Task Force Members Present: Nat Anderson-Lippert, Robert Freeman, Robert Haider, Dan Swenson-Klatt, Wade Luneburg, Nicole Mills, John-Paul Yates.

City Staff Present:City Manager Jamie Verbrugge, Assistant City Manager Kris Wilson, Deputy City Attorney Peter Zuniga, Community Outreach & Engagement Coordiantor Tracy Smith, Public Health Specialist Kate Ebert.

2.1 Welcome / Introductions City Manager Jamie Verbrugge welcomed the committee members and each member introduced themselves and, if applicable, the group or organization they work for/represent.

2.2 Review of Task Force Charter The City Manager reviewed the Task Force charter, describing the charge to the group from the City Council. Mr. Verbrugge noted that the goal is to develop an ordinance to be recommended to the City Council and that the group would aim for consensus-based decision making.

Task force meetings will be conducted in person and open to the public, with minutes being taken. The group agreed that staff will be responsible for developing the meeting agendas and materials, and that there will not be a chair or co-chairs.

The tentative timeline of Task Force meetings was reviewed. It includes a break in meetings mid-way through the process to allow staff time to facilitate input and engagement from stakeholders and members of the public. The schedule is fluid and can be adjusted as needed.

2.3. Overview of Existing Municipal Ordinances

Assistant City Manager Kris Wilson and Deputy City Attorney Peter Zuniga presented a brief overview of the existing municipal ordinances in Minnesota – which are in Minneapolis, St. Paul and Duluth. A chart comparing the major components of each ordinance, such as the amount of leave time that must be provided, the maximum that can be accrued per year and carried over from one year to the next and which employers are subject to the ordinance, was provided as a handout.

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CITY OF BLOOMINGTON, MINNESOTA APPROVED MINUTES

Page 2 of 3 6/23/2021

Task Force members noted that all three of the existing ordinances were adopted prior to the COVID-19 pandemic, so things like the rise in remote work – and the potential elimination of school snow days – have changed since the existing ordinances were adopted.

It was noted that none of the ordinances required employers who already had paid leave time programs in place to add a new program, as long as their existing leave programs provided at least as much leave time and allowed the same set of eligible uses, or more, than the municipal ordinance required.

Mr. Zuniga noted that each of the three cities had somewhat different enforcement mechanisms, appeal rights, etc. The Task Force will discuss enforcement issues in more detail at a future meeting.

There was a brief period of question and answer between Task Force members and staff, including questions on the impact of the ordinance on seasonal employees and union employees.

Staff noted that additional data regarding the prevelance of paid sick leave currently will be provided at a future meeting, but that much of it will be state or national level data. Bloomington-specific data is difficult to find and non-government employers are not required to disclose information on their employee benefits. A survey of Bloomington employers is planned in an attempt to gather more local data.

Task Force members asked to circle back to the tentative timeline and inquired what the City Council’s timeline was after a recommendation is presented. Mr. Verbrugge responded that the Task Force’s recommendation would be presented to the Council in November or December. Depending on the number and type of questions or concerns the Council might have, the Council may not hold a public hearing on the ordinance for a month or more, so it could be March or April before the City Council takes action on the topic.

2.4 Identification of Policy Issues to be Addressed

Community Outreach and Engagement Coordinator Tracy Smith led the Task Force members through a facilitated conversation to identify and group policy issues to be addressed by the Task Force over its remaining meetings.

After developing individual lists and then discussing them with a partner, Task Force members reported back to the full group, leading to the following list of policy issues to be addressed.

Who (definitions)Who is an employee?Who is being left out?EquityWho is an employer?Which employers does it apply to?What if the employer already offers PTO?

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CITY OF BLOOMINGTON, MINNESOTA APPROVED MINUTES

Page 3 of 3 6/23/2021

WhereLocation of employer and employeeWorking from homeBusiness location and where work is done

What (the “meat” of the ordinance)Amount of leave

Eligible use of leaveDoes the ordinance require paid or unpaid leave?Documentation from employees to use leaveHow will the policy be enforced?Does the ordinance require paid or unpaid leave?

WhenTimeline of implementation

Why (Policy Outcomes)Equity between employees and employersEstablish a baseline labor standardRegional competition / help attract talent and labor

3 ADJOURNMENT The meeting was adjourned at 6:00 p.m

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Item City of Minneapolis Ordinance

Agenda Section ORGANIZATIONAL BUSINESS

Date July 28, 2021

Requested Action:

This is an informational item. No formal action is requested.

Description:

Brian Walsh, director of the Labor Standards Enforcement and Contract Compliance Divisions of the MinneapolisDepartment of Civil Rights, will be joining the meeting to discuss the City of Minneapolis's Earned Sick & SafeLeave Ordinance and take questions from Task Force members. Detailed information regarding the Minneapolis ordinance can be found at: http://sicktimeinfo.minneapolismn.gov/

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Item Discussion of Ordinance Enforcement Issues


Date July 28, 2021

Requested Action:

This is an informational and discussion item only. No formal action is requested.

Description:

Deputy City Attorney Peter Zuniga will provide an overview of policy issues and options related to enforcement ofan Earned Sick & Safe Leave Ordinance. Attached please find two documents from which Mr. Zuniga will draw when discussing enforcement. The first is acopy of the current Bloomington City Code related to enforcement of ordinances. There may or may not need tobe amendments to this in conjunction with an Earned Sick & Safe Leave Ordinance. Secondly is a side-by-sidecomparison of the enforcement provisions in the Minneapolis, St. Paul and Duluth ordinances that are already inplace.

Attachments:

Bloomington City Code on Administrative Enforcement Process.pdfComparison on Enforcement Provisions in Existing MN Ordinances.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1005601/Bloomington_City_Code_on_Administrative_Enforcement_Process.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1005602/Comparison_on_Enforcement_Provisions_in_Existing_MN_Ordinances.pdf

§ 1.06 ENFORCEMENT OF ORDINANCES AND LAWS. (a) All officers of the city shall enforce obedience to such laws of the state, ordinances of the city and orders of the Mayoror City Council, as may be the duty of such officers respectively to enforce, and shall notice all complaints, and institute suchproceedings as may be necessary.

(b) The following city employees are authorized to issue citations for violations of the city code:

(1) Peace officers;

(2) Animal control officers;

(3) License examiner;

(4) Fire Chief, Marshal and fire inspectors;

(5) Building inspections manager, program coordinators, plan check engineers and building inspectors;

(6) Manager of environmental health services, program coordinators, specialists and aides;

(7) City Forester, as designated by the City Manager; and

(8) City Engineer, Water Resources Manager, and Water Resources Civil Engineer.

(c) Licensed public safety officers employed by the Three Rivers Park District are authorized to enforce the parkingregulations at the Bush Lake Beach parking lot.

(1958 Code, § 1.03) (Ord. 91-61, passed 9-30-1991; Ord. 94-14, passed 3-21-1994; Ord. 99-32, passed 10-4-1999; Ord.2007-36, passed 10-22-2007; Ord. 2009-21, passed 7-20-2009; Ord. 2015-28, passed 11-2-2015)

§ 1.08 GENERAL PENALTY; CONTINUING VIOLATIONS. (a) Whenever in this code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or anoffense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do anyact is declared to be unlawful, and when no specific penalty is provided therefor, the violation of any such provision of thiscode or any ordinance shall be a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment for a term notexceeding 90 days or both. Each day any violation of any provision of this code or of any ordinance continues shallconstitute a separate offense.

(b) In addition to the penalties set forth in subsection (a) of this section, any condition caused or permitted to exist inviolation of any of the provisions of this code or any ordinance shall be deemed a public nuisance and may be, by the city,abated as provided by law and each day that such condition continues shall be regarded as a new and separate offense.

(1958 Code, § 1.07) (Ord. 69-52, passed 7-7-1969; Ord. 77-68, passed 10-3-1977; Ord. 83-35, passed 9-12-1983; Ord.2007-36, passed 10-22-2007; Ord. 2016-24, passed 10-24-2016)

ARTICLE II: CIVIL HEARING PROCESS§ 1.09 PURPOSE. Pursuant to City Charter § 12.15, the City Council enacts this Article II of the city code to provide an administrativeconference and independent hearing officer hearing process for the resolution of certain violations of the city code. TheCouncil finds that this hearing process will facilitate compliance with certain city code provisions and avoid unnecessarydelay in the enforcement of the city code.

(Ord. 99-32, passed 10-4-1999; Ord. 2011-19, passed 8-15-2011)

§ 1.10 ALTERNATIVE METHODS OF ENFORCEMENT. This administrative enforcement procedure seeks to gain compliance with certain provisions of the city code prior to anyformal criminal or civil court action. The hearing process provided for in this Article II shall be in addition to any other legal orequitable remedy available to the city for city code violations, except that if a determination is made by the independenthearing officer pursuant to the hearing process detailed in § 1.17 of this Article II that a violation did not occur, the city maynot then proceed with criminal prosecution for the same act or conduct.


§ 1.10.01 CIVIL FINES AND NUISANCE SERVICE CALL FEES. For the purposes of Chapter 1, Article II, the words CIVIL FINE shall also mean nuisance service call fee when those feesare issued pursuant to § 12.15 of this code and the term INDEPENDENT HEARING OFFICER shall encompass either anadministrative law judge or a hearing officer as selected by the City Attorney’s office.

(Ord. 2011-19, passed 8-15-2011)

§ 1.11 CITY CODE PROVISIONS THAT ARE ADMINISTRATIVE OFFENSES. A violation of the following provisions of the city code shall be an administrative offense that may be subject to theadministrative mediation and hearing process of this Article II.

(1) Chapter 6, Article II, Fire Prevention Code;

(2) Chapter 6, Article III, Fires and False Alarms;

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http://www.amlegal.com/pdffiles/Bloomington/2015-28.pdf


(3) Chapter 6, Article IV, Open Burning Restrictions;

(4) Chapter 8, Article III, Vehicle Regulations, Division A, Storage of Abandoned, Junk, and Inoperable Vehicles as PublicNuisances;

(5) Chapter 8, Article IV, Parking, Division A, Parking on Private Property;

(6) Chapter 9, Article XI, Affordable Housing Tenant Protection;

(7) Chapter 10, Article II, Refuse;

(8) Chapter 10, Article III, Odor;

(9) Chapter 10, Article IV, Noise Code;

(10) Chapter 10, Article VI, Weeds;

(11) Chapter 10, Article VII, Recycling;

(12) Chapter 10, Article VIII, Phosphorus Fertilizer;

(13) Chapter 11, Article II, Wastewater;

(14) Chapter 12, Article II, Nuisance Conduct and Conditions, Division A, Public Nuisance Property Conditions;

(15) Chapter 12, Article II, Nuisance Conduct and Conditions, Division B, Prohibited Nuisance Conduct;

(16) Chapter 12, Article II, Nuisance Conduct and Conditions, Division C, Nuisance Service Call;

(17) Chapter 12, Article II, Nuisance Conduct and Conditions, Division E, Improper Display of Sexually-OrientedMaterials;

(18) Chapter 12, Article II, Nuisance Conduct and Conditions, Division H, Firearms, Weapons, Concealed Weapons;

(19) Chapter 12, Article II, Nuisance Conduct and Conditions, Division N, Graffiti;

(20) Chapter 12, Article II, Nuisance Conduct and Conditions, Division O, Smoking Prohibited;

(21) Chapter 14, Article II, Public Entertainment Licenses and Regulations;

(22) Chapter 12, Article IV, Animal Code, Division A, General Provisions and Animal Welfare;

(23) Chapter 12, Article IV, Animal Code, Division B, Domestic Animals and Dangerous Animals;

(24) Chapter 12, Article IV, Animal Code, Division C, Rabies Control;

(25) Chapter 12, Article IV, Animal Code, Division D, Chickens, Farm Poultry, Farm Animals, and Bees;

(26) Chapter 12, Article IV, Animal Code, Division E, Wild Animals;

(27) Chapter 12, Article IV, Animal Code, Division F, Inspection and Enforcement of Animal Code;

(28) Chapter 14, Article III, Animal Licenses, Division A, Dogs, Cats and Ferrets and Division B, Commercial AnimalEstablishments;

(29) Chapter 14, Article IV, Business Licenses and Regulations;

(30) Chapter 14, Article V, Food Establishments, Lodging Establishment and Public Pool Regulations;

(31) Chapter 14, Article VIII, Rental Housing Code;

(32) Chapter 14, Article VII, Sign Permits and Licenses;

(33) Chapter 15, Article I, Building Code;

(34) Chapter 15, Article VI, Private Residential Swimming Pools;

(35) Chapter 15, Article VIII, Plumbing, Division D. Wells;

(36) Chapter 16, Article II, Stormwater Management, and Article III, Stormwater Pond Aeration Permit;

(37) Chapter 17, Article II, Street Use Restrictions;

(38) Chapter 18, Trees;

(39) Chapter 19, Article I, General Provisions;

(40) Chapter 19, Article II, Administration and Procedure;

(41) Chapter 19, Article III, Zoning District Map, Zoning Districts and District Uses;

(42) Chapter 19, Article IIIA, Additional Zoning Districts;

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(43) Chapter 19, Article IV, District Regulations;

(44) Chapter 19, Article V, Performance Standards;

(45) Chapter 19, Article VI, Billboards;

(46) Chapter 19, Article VII;

(47) Chapter 19, Article VIII, Anti-Blight Regulations;

(48) Chapter 19, Article IX, Shore Area Regulations;

(49) Chapter 19, Article X, Sign Regulations;

(50) Chapter 21, Article I, Introduction and Establishment;

(51) Chapter 21, Article II, Districts and Uses;

(52) Chapter 21, Article III, Development Standards;

(53) Chapter 21, Article IV; and

(54) Chapter 21, Article V, Administration and Nonconformity.

(Ord. 99-32, passed 10-4-1999; Ord. 2006-13, passed 4-17-2006; Ord. 2007-36, passed 10-22-2007; Ord. 2010-28, passed11-1-2010; Ord. 3013-9, passed 4-1-2013; Ord. 2014-9, passed 5-5-2014; Ord. 2014-14, passed 10-13-2014; Ord. 2015-28,passed 11-2-2015; Ord. 2016-24, passed 10-24-2016; Ord. 2017-38, passed 11-6-2017; Ord. 2018-22, passed 7-23-2018;Ord. 2019-30, passed 8-5-2019; Ord. 2020-1, passed 2-24-2020 ; Ord. 2020-49, passed 12-21-2020 ; Ord. 2021-19, passed6-14-2021)

§ 1.12 ORDERS TO CORRECT; ADMINISTRATIVE CITATIONS. (a) Upon the reasonable belief that an administrative offense detailed in § 1.11 of this Article II has occurred, the cityofficials listed in § 1.06 of this chapter shall serve on the violator an order to correct the violation. If compliance is notachieved by virtue of an order to correct, the official is authorized to issue an administrative citation pursuant to this Article IIof the city code. An administrative citation shall be served in person or by mail to the person responsible for the violation, aswell as the owner of the property on which the violation occurred, if not the same person. The citation shall state the date,time and nature of the offense, the name of the official issuing the citation, the amount of the scheduled civil fine and themanner for paying the fine or appealing the citation by requesting an administrative conference.

(b) Except as otherwise required in law, rule, regulation or ordinance, service pursuant to this Chapter shall be effectivewhen a copy is:

(1) Delivered personally;

(2) Sent by first-class mail addressed to the person who is listed by the County Auditor as the owner of tax payerrecord. If the tax payer's address is different than the address where the violation exists, then the notice shall also be mailedto the property address where the violation exists; or

(3) If the notice is returned showing that the letter was not delivered or the property is known to be vacant, a copythereof shall be posted in a conspicuous place in or about the structure involved.

(Ord. 99-32, passed 10-4-1999; Ord. 2007-36, passed 10-22-2007; Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed10-24-2016)

§ 1.13 CIVIL FINES. The administrative offenses detailed in § 1.11 may be subject to a civil fine. The amount of a civil fine may not exceed theamount of the maximum fine allowed if each ordinance violation had been prosecuted as a misdemeanor. In the case of civilfines imposed for excessive nuisance service calls pursuant to § 12.15 of this city code, the civil fine may not exceed theactual costs of providing excess law enforcement services up to $2,000 for each separate call subject to a fee. Civil finesmay not be imposed for ordinance violations that prohibit the same conduct that is classified as a crime or pettymisdemeanor in M.S. Chapters 168, 168A, 169, 169A, 170 and 171, as they may be amended from time to time, or for anyother violation of a state law that preempts local regulations on the same topic.

(Ord. 99-32, passed 10-4-1999; Ord. 2000-1, passed 1-3-2000; Ord. 2006-13, passed 4-17-2006; Ord. 2007-36, passed 10-22-2007)

§ 1.14 SCHEDULE OF CIVIL FINES. The City Council shall adopt by resolution a schedule of civil fines for administrative offenses for which a citation has beenissued. City officials shall adhere to this schedule of fines in issuing administrative citations pursuant to this Article II.

(Ord. 99-32, passed 10-4-1999)

§ 1.15 PAYMENT OF CIVIL FINE; REQUEST FOR ADMINISTRATIVE CONFERENCE. (a) The person responsible for the violation must either pay the scheduled civil fine to the Community DevelopmentDepartment or request a conference with the City Attorney’s office within 25 calendar days after issuance of theadministrative citation. This administrative conference will be with the City Attorney or an Associate City Attorney who hasreviewed the underlying facts of the violation, the history of prior violations, the impact of the violation on adjoining

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properties and any information provided by the person responsible for the violation. Based upon those facts, the CityAttorney or Associate City Attorney will determine if any settlement options may, consistent with the public health, welfareand safety, be offered to the person responsible for the violation as an alternative to the payment of the entire amount of thefine. This conference shall take place within 20 calendar days of the City Attorney’s office receiving the request. If asettlement cannot be reached at the administrative conference, the person responsible for the violation may, at theconclusion of the conference, either pay the fine or request a hearing before an independent hearing officer. A request for anadministrative conference must be made to the City Attorney’s office by mail or telephone. Only the City Attorney or anAssociate City Attorney has authority to dismiss the citation or waive the scheduled civil fine or both during theadministrative conference. Failure to pay the fine or request an administrative conference within 25 calendar days of thedate of the citation shall be deemed an admission of the charges set forth therein.

(b) The person responsible for the violation may not request a hearing before an independent hearing officer without firsthaving timely requested an administrative conference with the City Attorney’s office. Failure to attend the administrativeconference as scheduled shall be deemed an admission of the charges set forth in the administrative citation or nuisanceservice call fee notice.

(c) If the person responsible for the violation requests an administrative conference and the civil fine or nuisance servicecall fee is for the same violation at the same property, which was the subject of a prior hearing before a hearing officer oradministrative law judge within the last 12 months, the person responsible for the violation will only have the option of eitherpaying the fine or scheduling an administrative conference with the City Attorney’s office. The person responsible for theviolation may not request a hearing before an independent hearing officer.

(Ord. 99-32, passed 10-4-1999; Ord. 2000-1, passed 1-3-2000; Ord. 2007-36, passed 10-22-2007; Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed 10-24-2016)

§ 1.16 FEE FOR LATE PAYMENT OF CIVIL FINE. (a) A late payment fee of 10% of the civil fine amount shall be imposed if the person responsible for the violation fails topay the civil fine within 25 calendar days after issuance of the administrative citation or fails to timely request a mediationand hearing pursuant to this Article II.

(b) If a civil fine is not paid within the time specified and no request for an administrative conference is timely received,the nonpayment of the civil fine shall constitute a personal obligation of the violator that may be collected by any appropriatelegal means. If the fine was imposed for a property-related violation, including excessive nuisance service calls pursuant to §12.15 of this city code, the city may assess the applicable property pursuant to § 1.19 of this code. However, nothing in thissection shall be construed to limit the city’s other available legal remedies for any violation of the law, including theprosecution of criminal, civil or injunctive actions against the offender.

(Ord. 99-32, passed 10-4-1999; Ord. 2006-13, passed 4-17-2006; Ord. 2007-36, passed 10-22-2007; Ord. 2011-19, passed8-15-2011)

§ 1.17 HEARING PROCEDURES. The City Attorney will determine whether the independent hearing officer conducting the hearing will be an administrativelaw judge or a hearing officer.

(a) Hearing officers. The City Manager shall periodically approve a list of lawyers, from which the City Attorney shallselect as a hearing officer, to hear a matter for which a hearing is requested. The person requesting a hearing shall have theright to request, no later than ten calendar days before the date of the hearing, that the assigned hearing officer be removedfrom the case. One such request for each case will be granted automatically by the City Attorney. A subsequent requestshall be directed to the assigned hearing officer, who will decide whether he or she cannot fairly and objectively review thecase. If such a finding is made, the hearing officer shall remove himself or herself from the case, and the City Manager shallassign another hearing officer. The hearing officer is not a judicial officer, but is a public officer as defined by M.S. § 609.415,as it may be amended from time to time. The hearing officer shall not be a current city employee or have a personal orfinancial interest in the outcome of the case.

(b) Administrative law judges. As an alternative to a city-appointed hearing officer, the City Attorney may engage theservices of the Minnesota Office of Administrative Hearings. That Office will appoint an administrative law judge to oversee ahearing held at Bloomington Civic Plaza. Hearing dates will be set in accordance with a pre-determined schedule with theOffice of Administrative Hearings. New contests to civil fines will be set for the next scheduled hearing date. If the personresponsible for the violation cannot appear at the initially scheduled hearing, the hearing will be continued to the followingscheduled hearing date. Hearing dates will be set and confirmed with the City Attorney’s office.

(c) Subpoenas. Upon the hearing officer’s own initiative or upon written request of an interested party demonstrating theneed, the hearing officer may issue a subpoena for the attendance of a witness or the production of books, papers, recordsor other documents that are material to the matter being heard. The party requesting the subpoena shall be responsible forserving the subpoena in the manner provided for civil actions and for paying the statutory fees and expenses of any witness.A person served with a subpoena may file an objection with the hearing officer promptly but not later than the time specifiedin the subpoena for compliance. The hearing officer may cancel or modify the subpoena if it is unreasonable or oppressive.Any person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedienceto a subpoena shall be guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order fromdistrict court directing compliance. When a hearing occurs before an administrative law judge, the parties may requestsubpoenas following the procedures established by the Office of Administrative Hearings.

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(d) Notice of hearing and continuances. Notice of the name of the assigned independent hearing officer, date, time andplace of the hearing must be served by the city in person or mailed to the person responsible for the violation at least 14calendar days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. Authorization forcontinuances shall be granted by the assigned independent hearing officer only upon good cause shown. Subsequentrequests for a continuance, or requests made less than five business days prior to the scheduled mediation or hearing, shallonly be granted in the case of extreme emergency, such as the death or incapacitating illness of a party, or by theagreement of the parties.

(e) Mediation. At the time of the hearing before the independent hearing officer, either party may request mediation of thedispute. If the violation cannot be mediated, then the parties will move on to the hearing that same day with the sameindependent hearing officer. No continuances will be granted following mediation.

(f) Hearing procedures. At the hearing, the parties shall have the opportunity to present testimony and question anywitnesses, but strict rules of evidence shall not apply. The independent hearing officer shall tape record the hearing andreceive testimony and exhibits, and the full record of the hearing shall be kept. The independent hearing officer shall receiveand give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted byreasonable and prudent people in the conduct of their affairs. In the case of an administrative law judge, the hearing will beconducted in accordance with the procedures set forth by the Office of Administrative Hearings. Failure to attend the hearingas scheduled shall be deemed an admission of the charges set forth in the administrative citation or the nuisance service callfee notice.

(g) Authority of independent hearing officer. The independent hearing officer shall have the authority to:

(1) Mediate and enforce a settlement of the disputed administrative citation or excessive nuisance service call fee;

(2) Determine whether the city has proven by a preponderance of the evidence that the facts serving as the basis forthe administrative citation or excessive nuisance service call fee occurred;

(3) Dismiss the administrative citation or declaration of a public nuisance issued under § 12.04 of this city code basedupon a finding that the city failed to provide sufficient evidence to prove the violation or charge;

(4) Impose the scheduled fine or affirm the excessive nuisance service call fee imposed under § 12.15 of this city codeor affirm the costs of public health nuisance abatement to be assessed under § 12.06 of this city code;

(5) Reduce, stay or waive a scheduled fine or the excessive nuisance service call fee imposed under § 12.15 of this citycode or the costs of abatement to be assessed under § 12.06 of this city code either unconditionally or upon compliance withappropriate conditions; or

(6) Make the final determination as to the apportionment of the costs of mediation.

The independent hearing officer shall not have the authority to declare any portion of the city code invalid or to interpretthe city code in a manner that is inconsistent with the interpretation of the City Attorney. The decision of a hearing officer inany case, shall have no precedential value in future cases.

(h) Imposition of civil fine by independent hearing officer. When imposing a fine for a violation, the independent hearingofficer may consider any or all of the following factors but in the case of ordinance violations, the fine must not exceed theamount of the maximum fine if each violation had been prosecuted as a misdemeanor, and in the case of civil fines imposedfor excessive nuisance service calls pursuant to § 12.15 of this city code, the civil fine may not exceed the actual costs ofproviding excess law enforcement services up to $2,000 for each separate call subject to a fee:

(1) The duration of the violation;

(2) The frequency or recurrence of the violation;

(3) The seriousness of the violation;

(4) The history of the violation;

(5) The violator’s conduct after issuance of the notice of hearing;

(6) The good faith effort by the violator to comply;

(7) The economic impact of the fine on the violator;

(8) The impact of the violation upon the community;

(9) Prior record of city code violations; or

(10) Any other factors appropriate to a just result.

(i) Fines for continuing violations. The independent hearing officer may exercise discretion to impose a fine for more thanone day of a continuing violation but only upon a finding that:

(1) The violation caused a serious threat of harm to the public health, safety or welfare; or

(2) The accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer’sdecision and supporting reasons for continuing violations must be in writing.

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(j) Written report of independent hearing officer. The decision of the independent hearing officer shall be in writing andcontain findings of fact and conclusions of law. The written report shall be served on the parties by mail within ten-calendardays of the last date of the hearing.

(k) Finality of decision. The decision of the independent hearing officer shall be final without any further right ofadministrative appeal.

(l) Payment for cost of hearing. The cost of the hearing before the independent hearing officer shall be apportionedequally between the person requesting the hearing and the city. At the time the request for a hearing is made, the city shallprovide the requestor with an estimate of the requesting party’s share of that cost. The requestor must provide payment ofthat estimated cost in cash or cash equivalent to the city not later than seven days in advance of the scheduled mediation orhearing. However, the city has authority to reduce the requesting person’s share of the costs where that person candemonstrate indigency by clear and convincing evidence. Proof of indigency can be demonstrated by the person’s receipt ofmeans tested governmental benefits or a demonstrated lack of assets or current income. Such proof shall be presentedpreliminarily to the City Attorney’s office for determination of the amount of the prepayment in advance of the hearing.However, the independent hearing officer at the time of the hearing shall make specific findings as to whether therequesting person is indigent and make a final determination as to that party’s share of the hearing’s costs. In all caseswhere the person requesting a hearing is unable to attend and fails to request a continuance of the hearing at least 48 hoursin advance of the scheduled hearing, all costs incurred by the city attributable to the requested hearing shall be charged tothe requesting party and deducted from any prepayment made. Where the requesting party’s one-half share of the costs ofthe hearing exceed the requesting party’s prepayment, payment thereof must be made within 25 calendar days of the datethe city serves, by regular mail, notice of the amount due and owing to the address on record for the requesting party.Failure to pay the remaining costs when due will result in the assessment of a late payment fee of 10% of the amount dueand owing. This amount shall constitute a personal obligation of the violator that may be collected by any appropriate legalmeans. If the initial fine was imposed for a property-related violation, including excessive nuisance service calls pursuant to§ 12.15 of this city code, the city may assess the applicable property pursuant to § 1.19 of this city code.

(Ord. 99-32, passed 10-4-1999; Ord. 2000-1, passed 1-3-2000; Ord. 2006-13, passed 4-17-2006; Ord. 2007-36, passed 10-22-2007; Ord. 2008-15, passed 5-5-2008; Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed 10-24-2016)

§ 1.18 JUDICIAL REVIEW. An aggrieved party may obtain judicial review of the decision of the independent hearing officer by petitioning theMinnesota Court of Appeals for a writ of certiorari pursuant to M.S. § 606.01, as it may be amended from time to time.


§ 1.19 ASSESSMENT OF CIVIL FINES FOR PROPERTY-RELATED VIOLATIONS. (a) Civil fines subject to assessment. In accordance with § 12.15, subd. 2 of the City Charter, unpaid civil fines imposedfor property-related violations may be assessed against:

(1) Property which was the subject matter or related to the subject matter of the civil fines; or

(2) Property which was the location of an activity, proposed use, delivery of city service or other circumstance whichresulted in the civil fine.

(b) Prior voluntary payment. Prior to any assessment for unpaid fines, the City Manager or the Manager’s designate shallseek voluntary payment of the fines by notifying the owner of the property in writing of the fine imposed.

(c) Assessment procedure. On or before October 1 of each year, the unpaid civil fine and late fees, including theadministrative charge due under subsection (d) below, together with interest thereon at the maximum lawful rate permittedunder M.S. Chapter 429, as it may be amended from time to time, to be charged against said lot or parcel of land, togetherwith a description of the premises and the name of the supposed owner, shall be certified to the County Auditor and shall becollected in the same manner as taxes or special assessments against the premises. The charge shall be a perpetual lienon the premises until paid. Prior to the certification to the County Auditor, the owner shall be given written notice of theproposed assessment and have the right to a hearing before an independent hearing officer to determine the following:

(1) Whether the unpaid civil fine is of the type of unpaid special charge that qualifies for special assessment pursuant toM.S. § 429.101, as it may be amended from time to time, or § 12.15 of the City Charter;

(2) Whether the amount to be assessed is correct;

(3) Whether the property was correctly identified;

(4) Whether the owner of the property was correctly identified; and

(5) Whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time,was properly followed by the city.

Thereafter, the independent hearing officer shall make a report that includes recommendations to the City Council as towhether the unpaid civil fine should be collected as a special assessment against the real property. Subsequently theproperty owner shall be provided an opportunity to be heard before the City Council.

(d) Administrative assessment charge. The administrative assessment charge is set forth in City Code Appendix A.

(Ord. 99-32, passed 10-4-1999; Ord. 2007-36, passed 10-22-2007; Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed13



10-24-2016; Ord. 2019-26, passed 5-22-2019; Ord. 2020-40, passed 11-23-2020)

§ 1.20 ASSESSMENT OF OTHER SPECIAL CHARGES. Prior to any assessment of special charges, the City Manager or the Manager’s designee shall seek voluntary payment ofthe following charges by notifying the owner of the property in writing of the amount and basis for the charge. In accordancewith applicable state law, on or before October 1 of each year the unpaid charge, with any late fees and administrativecharges, together with interest thereon at the maximum lawful rate permitted under state law, to be charged against said lotor parcel of land, together with a description of the premises and the name of the supposed owner, shall be certified to theCounty Auditor and shall be collected in the same manner as taxes or special assessments against the premises. Thecharge shall be a perpetual lien on the premises until paid. Prior to the certification to the County Auditor, the owner shall begiven written notice of the proposed assessment and have the right to a hearing before an independent hearing officer todetermine the propriety of the charge to be assessed. Thereafter, the independent hearing officer shall make a report thatincludes recommendations to the City Council as to whether the charge should be collected as a special assessmentagainst the real property. Subsequently, the property owner shall be provided an opportunity to be heard before the CityCouncil.

(a) Special charges against real property. The independent hearing officer may, where the charge against the property iscontested, conduct hearings at the Bloomington Civic Plaza to determine the following facts:

(1) Whether the type of disputed unpaid special charge qualifies for special assessment pursuant to M.S. § 429.101, asit may be amended from time to time, or § 12.15 of the City Charter;

(2) Whether the amount to be assessed is correct;

(3) Whether the property was correctly identified;

(4) Whether the owner of the property was correctly identified; and

(5) Whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time,was properly followed by the city.

(b) Public health nuisance abatements. The independent hearing officer may, where the abatement cost is contested,conduct hearings at the Bloomington Civic Plaza to determine whether all or a portion of the city’s cost of abating a publichealth nuisance pursuant to M.S. § 145A.04, subd. 8, as it may be amended from time to time, is properly subject to specialassessment against the benefited real property pursuant to M.S. § 145A.08, as it may be amended from time to time, and ifso, whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time, wasproperly followed by the city. The property owner may not contest the underlying basis for the abatement at this time.

(c) Hazardous building abatements. The independent hearing officer may, where the cost of the abatement is contested,conduct hearings at the Bloomington Civic Plaza to determine whether all or a portion of the city’s cost of repair, removal orcorrection of a hazardous building or hazardous building condition pursuant to M.S. § 463.21, as it may be amended fromtime to time, is properly subject to special assessment against the real property pursuant to M.S. Chapter 429, as it may beamended from time to time, and if so, whether the special assessment procedure set forth in M.S. Chapter 429, as it may beamended from time to time, was properly followed by the city. The property owner may not contest the underlying basis forthe abatement at this time.

(d) Delinquent utility charges. The independent hearing officer may, where the cost of the delinquent utility charges arecontested, conduct hearings at the Bloomington Civic Plaza to determine the propriety of the charge to be assessedpursuant to M.S. § 444.075, as it may be amended from time to time. The property owner may not contest the underlyingbasis for the utility charges at this time.

(e) Public nuisance abatements. The independent hearing officer may, where the cost of the abatement is contested,conduct hearings at the Bloomington Civic Plaza to determine whether all or a portion of the city's cost of abating the publicnuisance pursuant to M.S. Chapters 609 and 617, as they may be amended from time to time, is properly subject to specialassessment against the benefited real property pursuant to M.S. Chapters 609 and 617, as they may be amended from timeto time, and if so, whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from timeto time, was properly followed by the city. The property owner may not contest the underlying basis for the abatement at thistime.


14




1

Earned Safe and Sick Leave Enforcement Comparison

Minneapolis St. Paul Duluth Effective date after passage

Adopted May 27, 2016

Effective July 1, 2017

Adopted September 7, 2016

Effective July 1, 2017 for employers with 24 or more employees

Effective January 1, 2018 for employers with 23 or less employees

Adopted May 29, 2018

Effective January 1, 2020

Phase in period First 12 months—could only mediate alleged first violations

New Employers within first 12 months—only needed to provide unpaid sick time

New employers within first 6 months—only needed to provide unpaid ESSL

None

Authority to Enforce

Minneapolis Department of Civil Rights

St. Paul Department of Human Rights and Equal Economic Opportunity

City Clerk’s Office

Statute of Limitations

Within 365 days of the alleged violation



Investigation Initiated by an employee, other person, or the department

Sole discretion on whether to investigate—written notification if declining; 21 days to request reconsideration. Director has 10 days to respond.

Initiated by an employee, other person, or the department

Sole discretion to investigate—written notification if declining; 21 days to request reconsideration. Director has 10 days to respond.

Notification to the employer

Initiated by an employee or other person

Sole discretion to investigate—written notification if declining; 21 days to request reconsideration. Clerk has 20 days to respond.

Notification to the employer

15

2

Minneapolis St. Paul Duluth Notification to the

employer Written position

statement from the employer and request for records as outlined in rules

Failure of employer to respond creates a rebuttable presumption of a violation

May hold a fact finding conference—resolve disputed facts and opportunity to discuss settlement

Written determination

Determination will be based on a preponderance of the evidence

Written position statement from the employer and request for records as outlined in rules


May hold a fact finding conference—resolve disputed facts and opportunity to discuss settlement



Written position statement from the employer and request for records within 30 days




Relief and Administrative fines

Reinstatement and back pay

Crediting of any accrued ESSL plus payment of the dollar value of the uncredited ESSL times 2 or $250, whichever is greater

Payment of accrued ESSL plus payment of the dollar value of the uncredited ESSL times 2 or $250, whichever is greater

Up to $1,500 administrative


First violation—Payment of accrued ESSL plus payment of the dollar value of the uncredited ESSL times 2 or $250, whichever is greater

Second violation against same employee-- Payment of accrued ESSL plus payment of the dollar value of the uncredited ESSL times 2 or


Crediting of any accrued ESSL

Payment of any accrued ESSL

Administrative penalty payable to the employee

16

3

Minneapolis St. Paul Duluth penalty payable to the employee for each violation

Administrative fine payable to the city up to $50 for each day of a violation after written notice

May award interest on all amounts due

$250, whichever is greater plus administrative fine to the city up to $1,000

Third violation or subsequent violation against the same employee—administrative fine payable to the employee up to $1,000 or an amount equal to 10% of the total unpaid wages, whichever is greater

Administrative fine up to $1,000 payable to the city for each violation

Appeals Failure to exhaust

administrative remedies constitutes the city’s final determination

Appeal within 21 days of the date of service of the determination

Failure of employer to appeal constitutes admission to the violation

Appeal submitted to an administrative hearing officer

Standard of proof—clearly erroneous

Failure to exhaust administrative remedies constitutes the city’s final determination



Appeal submitted to the Human Right and Equal Economic Opportunity Commission

Failure to exhaust administrative remedies constitutes the city’s final determination



Appeal submitted to the city’s chief administrative officer

17

4

Minneapolis St. Paul Duluth Administrative

hearing officer’s decision constitutes the city’s final decision

May award interests

Writ of Certiorari to Minnesota Court of Appeals


HREEO’s decision constitutes the city’s final decision

May appeal HREEO Commission as allowed by state law


Chief administrative officer’s decision constitutes the city’s final decision

Civil Enforcement City Attorney may initiate court action to enforce

May seek lost wages, payment of additional sum as civil penalty, reinstatement in employment, injunctive relief, and attorney’s fees and costs.

A person injured by a violation may bring a civil action in district court

All damages recoverable under law, costs, disbursements, attorney’s fees, and injunctive relief

City attorney may initiate court action

City Attorney may initiate court action to enforce

May seek lost wages, civil penalty not to exceed twice the amount awarded for lost wages, reinstatement of employment, and attorney’s fees and costs

Retaliation Prohibited Request or use

ESSL Right to file a

complaint or action to enforce ESSL

Prohibited Request or use



Prohibited Request or use



18



Item Community Outreach & Engagement Plan (continued)


Date July 28, 2021

Requested Action:

This is a discussion item. No formal action is requested.

Description:

At the Task Force's July 14 meeting, the group began discussion on plans to engage stakeholders andthe public in the ordinance development. That discussion will continue at this meeting.

Attached are draft copies of two surveys - one for employers and one for employees. Task Forcemembers are asked to review these in advance of the meeting, so that any necessary edits can benoted quickly at the meeting. Also attached are starting point lists of potential outreach contacts thatTask Force members will be asked to help flush out.

Attachments:

Draft Survey of Employees.pdfDraft Survey of Employers.pdfList of Potential Outreach Contacts - Employees.pdfList of Potential Outreach Contacts - Employers.pdf

19

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1006197/Draft_Survey_of_Employees.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1006198/Draft_Survey_of_Employers.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1006199/List_of_Potential_Outreach_Contacts_-_Employees.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1006200/List_of_Potential_Outreach_Contacts_-_Employers.pdf

Do you work in Bloomington?

(Choose any one option)

Yes

No

Do you live in Bloomington?


Yes

No

How many hours per week do you typically work?


0-8 hours

9-16 hours

17-24 hours

24-32 hours

40

Does your job provide you with paid time off?


Yes

No

I don't know

If you are eligible for paid time off, what can you use it for? (Check all that apply)

(Choose any 7 options)

Illness

Medical appointment

Family member illness

Family member medical appointment

To address / resolve issues of domestic violence, stalking or harassment

Other family emergency

For rest and relaxation (i.e. vacation)

What category best describes your wage level?


$10.08 per hour or less

$10.09 - $15.00

$15.01 - $20.00

$20.01 - $30.00

More than $30.00

What industry classification best describes the field you work in?


Accommodation and Food Services

Administrative and Waste Services

Arts, Entertainment, and Recreation

Finance and Insurance

Bloomington Employee Survey

This survey is intended for individuals who work at a job located in the city of Bloomington.

Earned Sick and Safe Leave DiscussionsLet's Talk Bloomington

Page 1 of 2 20

tsmith

Draft

Health Care and Social Assistance

Information

Management of Companies and Enterprises

Manufacturing

Professional and Technical Services

Public Administration

Real Estate and Rental and Leasing

Retail Trade

Wholesale Trade

Other Services, Ex. Public Adminstration

All Other Industries

Educational Services

Other (please specify)

Please offer any comments, suggestions or opinions you would like to share as the City considers an earned sick and safe leaveordinance.


Page 2 of 2 21

What zip code(s) is your business(es) located in? Check all that apply if you have multiple businesses in Bloomington.


55420

55431

55435

55437

55438

Outside of Bloomington (please specify)

How many employees does your business or organization employ?


Up to 5

6 - 20

20 - 49

50+

What industry classification best describes your business(es)?


Accommodation and Food Services

Administrative and Waste Services

Arts, Entertainment, and Recreation

Educational Services

Finance and Insurance

Health Care and Social Assistance

Information

Management of Companies and Enterprise

Manufacturing

Public Administration

Real Estate and Rental and Leasing

Professional and Technical Services

Retail Trade

Wholesale Trade

Other Services, Ex. Public Administration

All Other Industries


Do you provide paid leave time to your employees in any of the following categories: (Check all that apply)


Yes, to full-time employees

Yes, to part-time employees working a certain number of hours per week

Yes, to all part-time employees

Yes, to temporary employees

Yes, to seasonal employees

No, no paid leave time provide to any employee


What percent of your total workforce (full-time, part-time, temporary and seasonal) are eligible for paid leave benefits?

Bloomington Employer Survey


Page 1 of 2 22

tsmith

Draft

If you provide paid leave time, what are the eligible uses for that time? (Check all that apply)


Employee Illness

Employee medical appointment

Family member illness

Family member medical appointment

To address/resolve issues of domestic violence, stalking or harassment

Other family emergency

For rest and relaxation (i.e. vacation)


Which of the following best describes the way paid leave is earned:


An hour of leaver for a certain number of hours worked

A set amount per pay period

An annual amount awarded at the beginning of each year

If you currently provide paid leave time to your employees, which category best describes the amount of leave provided, assuming theemployee is full-time?


7 or fewer days per year (56 hours per year or fewer)

8-14 days per year

15+ days per year

Please offer any comments, suggestions or opinions you would like to share as the City considers an earned sick and safe leaveordinance.

I would like to be contacted in the future about this project. Please list e-mail address.


Page 2 of 2 23

Employee Group Contact Person E-mail Phone ESSL Task Force Contact Are you available to join/co-host coUnion Organization(s)Child Care OrganizationsNon-Profit clients (Cornerstone)Non-Profit clients (VEAP)Non-Profit clients (Oasis)

ESL Classes (Metro SouthWIC Clinics

Health and Social Workers (in hospitals, clinics, and public HealthResturant Opportunity CenterFaith CommunitiesISAIAHMN Council of Non-ProfitsBIPOC specific organziation, esp those with work force centers (CLUES, Latino League, etc)Refugee/Immigrant organizations (AFEAP)Bloomington School DistrictNormandale Community College Youth AudienceOther BIPOC organzations

24

Employer Group Contact Person E-mail Phone ESSL Task Force Contact Are you available to join/co-host conversationHospitality - HotelsHospitaliaty - ResturantRetailersChamberHispanic ChamberAfrican American ChamberManufacturing AssocationBusiness Development OrganziationsNon-profit CommunityBusinesses with serval PT employees (MOA/MAC)Main Street AllianceMetro Independence AllianceBlack Womens Wealth AllianceNew American Development CenterMinnesota Building Trades

25

Documents

Earned Sick and Safe Leave Task Force AGENDA