HomeMy WebLinkAbout2001-02-28 CC Handouts
International Union of Operating Engineers
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LOCAL UNION NO, 49, 49A, 49B, 49C, 49D and 49E
MINNESOTA · NORTH DAKOTA. SOUTH DAKOTA (East half)
MICHAEL S. WENDEL, President
DUANE L OTNESS, Vice President
TIMOTHY L. LELAND,
Recording-Corresponding Secretary
JAMES J. HANSEN, Treasurer
Affiliated with AF.L.-C.1.0.
.~:.
FRED P DERESCHUK, Business Manager-Financial Secretary
2829 ANTHONY LANE SOUTH - MINNEAPOLIS, MINNESOTA 55418-3285
Phone: (612) 788-9441
FAX: (612) 788-1936
February 12, 2001
ML Jim Marc:h
City Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038-9794
RE: Draft of New Labor Agreement between the City of Centerville and I.U.O.E. Local
No. 49 for the period of January 1, 2001 through December 31, 2003
Dear Mr. March;
Enclosed please find a revised "draft" copy of Appendix B regardin~ Insurance and the
Deferred Compensation Program which replaces the previous draft copy that was
included with the above Agreement for your review.
It should also be noted that all issues/ items of the new Labor Agreement shall be
retroactive to January 1, 2001.
If you have any questions, please feel free to call me. Thank you.
Sincerely,
INTERNATIONAL UNIO
E EERS, LOCA
JH/dka
opeiu #12
afl-cio
Enc!.
cc:
Steward
BRANCH OFFICES
Box 279
Bagley, MN 56621
(218) 694-6206
2002 London Road
Duluth, MN 55812
(218) 724-3840
816 South Bend Ave.
Mankato, MN 56001
(507) 625-3670
1848 2nd Ave. SE
Rochester, MN 55904
(507) 282-0401
8 North Enterprise Drive
Virginia, MN 55792
(218) 741-8190
2109 - 251 st Street
SI. Cloud, MN 56301
(320) 252-2162
2901 Twin City Dr.
Mandan, ND 58554
(701) 663~0407
3002 1 st Ave. No.
Fargo, ND 58102
(701) 232-2769
724 Washington N.
Grand Forks, ND 58203
(701) 775-3969
[Feb. 12, 2001]
APPENDIX B
INSURANCE
Effective January 1, 2001:
The EMPLOYER will continue to pay fifty percent (50%) of the individual health insurance--
premium for permanent part-time employees up to a maximum of two hundred and seven
dollars ($207.00) per month.
The EMPLOYER will pay a flat fee of two hundred fifty-seven ($257.00) dollars per month for
permanentfull-time employees electing single health insurance coverage. Any amount over the
$257.00 premium will be paid by the EMPLOYEE. Any excess amount not used for health
insurance under the $257.00 flat fee can be used to purchase additional life insurance or taken
as deferred compensation.
The EMPLOYER will pay a flat fee of four hundred and seven dollars ($407.00) per month for
permanent full-time employees electing family insurance coverage. Any amount over the
$407.00 premium will be paid by the Employee. Any excess amount not used for health
insurance under the $407.00 flat fee can be used to purchase additional life insurance or taken
as deferred compensation.
The EMPLOYER shall continue to provide for each employee the same Dental Insurance
coverage as current non-bargaining unit employees receive in accordance with the City's
current policy.
The Employer/ Employee split of insurance premium increases will be eighty percent (80%)
Employer and twenty percent (20%) Employee of the lowest cost plan offered by the City.
All increases will be retroactive to January 1, 2001.
DEFERRED COMPENSATION PROGRAM
Employees choosing not to be covered by City paid medical insurance will be eligible to
contribute the full amount of the single premium towards a deferred compensation plan,
effective January 1,2001 through December 31, 2003.
19
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PART 553- Application of the Fair Labor Standards Act
to Employees of State and Local Governments
Subpart A-General
INTRODUCTION
Sec.
553.1 Definitions.
553.2 Purpose and scope.
553.3 Coverage-general.
SECTION 3(e)(2)(C)-ExCLUSIONS
553.10 General.
553.11 Exclusion for elected officials and
their appointees.
553.12 Exclusion (or employees of legisla-
tive branches.
SECTION 7(o)-COMPENSATORY TIME AN:>
COMPENSATORY TIME OFF
553.20 Introduction.
553.21 Statutory provisions.
553.22 "FLSA compensatory time" and
"'FLsA compensatory time off".
553.23 Agreement or understanding prior
to performance of work.
553.24 "Public safety", "emergency re-
sponse", and "seasonal" activities.
553.25 Conditions for use of compensatory
time ("reasonable period", "unduly dis-
rupt">'
553.26 Cash overtime payments.
553.27 Payments for unused compensatory
tIme.
553.28 Other compensatory time.
OTHER EXEMPTIONS
553.30 Occasional or sporad1c employ.
ment-section 7(p)(2).
553.31 SubstitutIon-section 7(p)(3).
553.32 Other FLSA exemptions.
RECORDKEEPING
553.50 Records to be kept of compensatory
time.
553.51 Records to be kept for employees
paid pursuant to section 7(k).
Subpart 8-Vo/unteers
553.100 General.
553.101 "Volunteer" defined.
553.102 Employment by the same pUblic
agency.
553.103 "Same type of services" defined.
553.104 PrIvate individuals who volunteer
services to pUblic agencies.
553.105 Mutual aid agreements.
553.106 Payment of expenses, benefits, or
fees.
Subpart C-Flre Protllldion and Law
Enforcement Employeel of Public Agenciel
GENERAL PRINCIPLES
553.200 Statutory provisions: section
13(b)(20).
553.201 Statutory provisions: section 7(k).
553.202 Limitations.
EXEMPTlON REQUIREMENTS
553.210 Fire protection activities.
553.211 Law enforcement activities.
553.212 Twenty percent limitation on non-
exempt work.
553.213 Public agency employees engaged
In both fire protection and law enforce.
ment activities. .
553.214 Trainees.
553.215 Ambulance and rescue service em-
ployees.
Sec.
553.216 Other exemptions.
TOUR OF DUTY AND COMPENSABLE HOURS OF
WORK RULES
553.220 "Tour of duty" defined.
553.221 Compensable hours of work.
553.222 Sleep time.
553.223 Meal time.
553.224 "Work period" defined.
553.225 Early relief.
553.226 Training time.
553.227 Outside employment.
OVERTIME COMPENSATION RULES
553.230 Maximum hours standards for
work periods of 7 to 28 daYs-section
7(k).
553.231 Compensatory time off.
553.232 Overtlme pay requirements.
553.233 "Regular rate" defined.
AUTHORITY: Sees. 1-19 52 Stat. 1060, as
amended (29 U.S.C. 201-219); Pub. L. 99-150.
99 Stat. 787 (29 U.S.C. 203. 207, 211>.
SOURCE: 52 FR 2032. Jan. 16. 1987, unless
otherwise noted.
Subpart A-General
INTRODUCTION
~ 553.1 Definitions.
(a) Act or FLSA means
Labor Standards Act of
amended (52 Stat. 1060, as
29 U.S.C. 201-219).
(b) 1985 Amendments means the
Fair Labor Standards Amendments of
1985 (Pub. L. 99-150).
(C) Public agency means a State, a
political subdivision of a State or an
Interstate governmental agency.
(d) State means a State of the
United States, the District of Colum-
bia, Puerto Rico, the Virgin Islands, or
any other Territory or possession of
the United States (29 U.S.C. 203(c)
and 213(f)).
the Fall'
1938, as
amended;
II 553.2 Purpose and scope.
(a) The 1985 Amendments to the
Fair Labor Standards Act (FLSA)
changed certain provisions of the Act
as they apply to employees of State
and local public agencies, The purpose
of part 553 is to set forth the regula-
tions to carry out the provisions of
these Amendments, as well as other
FLSA provisions preViously in exist-
ence relating to such public agency
employees.
(b) The regulations In this part are
divided Into three subparts. Subpart A
interprets and applies the special
FLSA provisions that are generally ap_
plicable to all covered and nonexempt
employees of State and local govern-
ments. Subpart A also contains provl.
sions concerning certain individuals
(i.e., elected officials, their appointees,
and legislative branch employees) who
are excluded from the definition of
"employee" and thus from FLSA cov-
erage. This subpart also interprets and
applies sections 7(0), and 7(p)(2),
7(p)(3), and ll(c) of the Act regarding
compensatory time off. occasional or
sporadic part-time employment, and
the performance of substitute work by
pUblic agency employees. respectively.
(c) Subpart B of this part deals with
"volunteer" services performed by in-
dividuals for public agencies. SUbpart
C applies various FLSA provisions as
they relate to fire protection and law
enforcement employees of pUblic agen-
cies.
II 553.3 Coverage-general.
(a)(1) In 1966, Congress amended
the FLSA to extend coverage to State
and local government employees en-
gaged In the operation of hospitals,
nursing homes, schools, and mass
transit systems.
(2) In 1972, the Education Amend-
ments further extended coverage to
employees of public preschools.
(3) In 1974, the FLSA Amendments
extended coverage to Virtually all of
the remaining State and local govern-
ment employees who were not covered
as a result of the 1966 and 1972 legisla-
tion.
(b) Certain definitions already in the
Act were modified by the 1974 Amend-
ments. The definition of the term
"employer" was changed to include
public agencies and that of "employ-
ee" was amended to include individ-
uals employed by pUblic agencies. The
definition of "enterprise" contained in
section 3(1') of the Act was modified to
provide that activities of a pUblic
agency are performed for a "business
purpose." The term "enterprise en-
gaged in commerce or in the produc-
tion of goods for commerce" defined In
section 3(s) of the Act was expanded
to Include public agencies.
SECTION 3(e)(2)(C)-ExCLUSIONS
11553.10 General.
Section 3(e)(2)(C) of the Act ex-
cludes from the definition of "employ-
ee", and thus from coverage, certain
individuals employed by public agen-
cies. This exclusion applies to elected
public offidals, their Immediate advi-
sors, and certain individuals whom
they appoint or select to serve in vari-
ous capacities. In addition, the 1985
Amendments exclude employees of
legislative branches of State and local
governments. A condition for exclu-
sion is that the employee must not be
subject to the civil service laws of the
employing State or local agency.
II 553.11 Exclusion for eJected officials
and their appointees.
(a) Section 3(e)(2)(C) provides an ex-
clusion from the Act's coverage for of-
ficials elected by the voters of their ju-
risdictions. Also excluded under this
prOvision are personal staff members
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~553.11(a)
and officials In pOllcymaklng positions
who are selected or appointed by the
elected public officials and certain ad-
visers to such officials.
(b) The statutory term "member of
personal staff" generally Includes only
persons who are under the direct su-
pervision of the selecting elected offi-
cial and have regular contact with
such official. The term typically does
not Include Individuals who are direct-
ly supervised by someone other than
the elected official even though they
may have been selected by the official.
For example, the term might Include
the elected official's personal secre-
tary, but would not Include the secre-
tary to an assistant,
(c) In order to Qualify as personal
staff members or officials In policy-
making positions, the Individuals In
Question must not be subject to the
civil service laws of their employing
agencies. The term "civil service laws"
refers to a personnel system estab-
lished by law which Is designed to pro.
tect employees from arbitrary action,
personal favoritism, and political coer-
cion, and which uses a competitive or
merit examination process for selec-
tion and placement. Continued tenure
of employment of employees under
civil service, except for cause, Is pro-
vided. In addition, such personal staff
members must be appOinted by, and
serve solely at the pleasure or discre-
tion of, the elected official.
(d) The exclusion for "Immediate ad-
viser" to elected officials Is limited to
staff who serve as advisers on constitu.
tional or legal matters, and who are
not subject to the civil service rules of
their employing agency.
!l 553.12 Exclusion for employees of legis.
lative hranches.
(a) Section 3(e)(2)(C) of the Act pro-
vides an exclusion from the definition
of the term "employee" for Individuals
who are not subject to the civil service
laws of their employing agencies and
are employed by legislative branches
or bodies of States, their political sub.
divisions or interstate governmental
agencies.
(b) Employees of State or local legis.
latlve libraries do not come within this
statutory exclusion. Also, employees
of school boards, other than elected
officials and their appointees (as dis-
cussed in 1553.11), do not come within
this exclusion.
SECTION 7(0)-COMPENSATORY TIME
AND COMPENSATORY TIME OFF
6 553.20 Introduction.
Section 7 of the FLSA requires that
covered, nonexempt employees receive
not less than one and one-half times
their regular rates of pay for hours
worked In excess of the applicable
maximum hours standards. However,
section 7(0) of the Act provides an ele-
ment of flexibility to State and local
government employers and an element
of choice to their employees or the
representatives of their employees reo
gardlng compensation for statutory
overtime hours. The exemption pro.
vided by this subsection authorizes a
public agency which is a State, a polit-
ical subdivision of a State, or an inter-
state governmental agency, to provide
compensatory time off (with certain
limitations, as prOVided In ~ 553.21> In
lieu of monetary overtime compensa.
tion that would otherwise be required
under section 7. Compensatory time
received by an employee in lieu of
cash must be at the rate of not less
than one and one-half hours of com-
pensatory time for each hour of over.
time work, just as the monetary rate
for overtime Is calculated at the rate
of not less than one and one-half
times the regular rate of pay.
Ii 553.21 Statutory provisions.
Section 7(0) provides as follows:
(0)(1) Employees of a public agency which
Is a State, a political subdivision of a State,
or an interstate governmental agency may
receive, In accordance with this subsection
and In lieu ol overtime compensation, com-
pensatory time off at a rate not less than
one and one-half hours for each hour of em-
ployment for which overtime compensation
Is required by this section.
(2l A public agency may provide compen-
satory time under paragraph (1) only-
(A) Pursuant to-
(\) Applicable provisions of a collective
bargaining agreement, memorandum of un-
derstanding, or any other agreement be-
tween the public agency and representatives
of such employees; or
(jj) In the case of employees not covered
by subclause (I>, an agreement or under-
standing arrived at between the employer
and employee before the performance ol
the work; and--
(a) If the employee has not accrued com-
pensatory time In excess of the limit appli-
cable to the employee prescribed by para-
graph (3).
In the case of employees described In
clause (A)(jj) hired prior to AprJ] IS, 1986,
the regular practice In effect on April 15,
1986, with respect to compensatory time off
for such employees In lieu of the receipt of
overtime compensation, shall constitute an
agreement or understanding under such
clause (A)(II). Except as provided In the pre-
vious sentence, the provision of compensato-
ry time off to such employees for hours
worked after April 14, 1986, shall be In ac-
cordance wlth this subsection.
(3)(A) If the work of an employee for
which compensatory time inay be provlded
Included work In a public safety actlvlty, an
emergency response activity, or a seasonal
actlvlty, the employee engaged In such work
may accrue not more than 480 hours of
compensatory time lor hours worked after
April IS, 1986. If such work was any other
work, the employee engaged In such work
may accrue not more than 240 hours of
compensatory time for hours worked after
April IS, 1986. Any such employee who,
after April 15, 1986, has accrued 480 or 240
hours, as the case may be, of compensatory
time off shall, lor additional overtime hours
ol work, be paid overtime compensation.
(Bl If compensation Is paid to an employ-
ee for accrued compensatory time olf, such
compensation shall be paid at the regular
rate eamed by the employee at the time the
employee receives such payment.
(4) An employee who has accrued compen-
satory time off authorized to be provided
under paragraph (1) shall, upon termination
ol employment, be paid for the unused com-
pensatory time at a rate ol compensation
not less than-
2
(A) The average regular rate rec(,ived by
such employee during tht!. last 3 years of the
employee's employment, or
(B) The tlnal regular rate recelv<,ct by
such employee, whichever Is higher.
(5) An employee of a public agency which
Is a State, political subdivisIon of a SU,te. or
an Interstate governmental agency-
(A) Who has accrued compensatory ~ime
off authorized to be provided under ;:m:-'1-
graph (1), and
(Bl Who has requested the use of "ueh
compensatory time, shall be permitted by
the employee's employer to use such time
within a reasonable period after making the
request U the use of the compensattory time
does not unduly disrupt the operatir,I's of
the pUblic agency.
(6) For purposes of this subsectlon-
(A) The term overtime compensation
means the compensation required by subu'~-
tlon (a), and
(B) The terms compensatory time !!nc.
compenaatory time 011 means hours durin;,
which an employee Is not working, whiCh
are not counted as hours worked during the
applJcable workweek or other work pNiod
for purposes of overtime compensation. s.nd
lor which the employee Is compensat.,d at
the employee'S regular rate.
[52 FR 2032, Jan. 16, 1987: 52 FR 2648, Jan.
23, 1!lB71
Il 553.22 "FLSA compensatory time" and
"FLSA compensatory time off".
(a) Compensatory time and compen-
satory time off are interchangeable
terms under the FLSA. Compensatory
time off is paid time off the job which
Is earned and accrued by an employee
IIi lieu of Immediate cash payment f'Jr
employment In excess of the statutory
hours for which overtime compensa-
tion Is required by section 7 of the
FLSA.
(b) The Act requires that compen<;a-
tory time under section 7(0) be earned
at a rate not less than one and one-
half hours for each hour of employ-
ment for which overtime compensr--
tion is required by section 7 of the
FLSA. Thus, the 480-hour limit on ac-
crued compensatory time represents
not more than 320 hours of actual
overtime worked. and the 240-hour
limit represents not more than 160
hours of actual overtime worked.
(c) The 480- and 240-hour limits or.
accrued compensatory time only apply
to overtinle hours worked after April
15, 1986. Compensatory time which an
employee has accrued prior to April
15, 1986, is not subject to the overtime
requirements of the FLSA and need
not be aggregated with compensatory
time accrued after that date.
6 553.23 Agreement or understanding
prior to performance of work.
(a) GeneraL (1) As a condition for
use of compensatory time In lieu of
overtime payment In cash, section
7(o)(2)(A) of the Act requires an
agreement or understanding reached
prior to the performance of work. This
can be accomplished pursuant to a col-
lective bargaining agreement, a memo-
randum of understanding or any other
agreement between the public agency
~553.23(a)(1 )
and representatives of the employees.
If the employees do not have a repre-
sentative, compensatory time may be
used in lieu of cash overtime compen-
sation only if such an agreement or
understanding has been arrived at be-
tween the public agency and the indi-
vidual employee before the perform-
ance of work. No agreement or under-
standing is required with respect to
employees hired prior to April 15,
1986 who do not have a representa-
tive;' if the employer had a regular
practice in effect on April 15, 1986, of
granting compensatory time off in lieu
of overtime pay.
(2) Agreements or understandings
may provide that compensatory time
off in lieu of overtime payment in cash
may be restricted to certain hours of
work only. In addition, agreements or
understandings may provide for any
combination of compensatory time off
and overtime payment in cash (e.g.,
one hour compensatory time credit
plus one-half the employee's regular
hourly rate of pay in cash for each
,hour of overtime worked) so long as
the premium pay principle of at least
"time and one-half" is maintained.
The agreement ,or understanding may
include other provisions governing the
preservation, use, or cashing out of
compensatory time so long as these
provisions are consistent with section
7(0) of the Act. To the extent that any
provision of an agreement or under-
standing is in violation of section 7(0)
of the Act, the provision is superseded
by the requirements of section 7(0).
(b) Agreement or understanding be-
tween the public agency and a repre-
sentative of the employees. (1) Where
employees have a representative, the
agreement or understanding concern-
ing the use of compensatory time must
be between the representative and the
public agency either through a collec-
tive bargaining agreement or through
a memorandum of understanding or
other type of oral or written agree-
ment. In the absence of a collective
bargaining agreement applicable to
the employees, the representative
need not be a formal or recognized
bargaining agent as long as the repre-
sentative is designated by the employ-
ees. Any agreement must be consistent
with the provisions of section 7(0) of
the Act.
(2) Section 2(b) of the 1985 Amend-
ments provides that a collective bar-
gaining agreement in effect on April
15, 1986, which permits compensatory
time off in lieu of overtime compensa-
tion, will remain in effect until the ex-
piration date of the collective bargain-
ing agreement unless otherwise modi-
fied. However, the terms and condi-
tions of such agreement under which
compensatory time off is provided
after April 14, 1986, must not violate
the requirements of section 7(0) of the
Act and these regulations.
(c) Agreement or understanding be-
tween the public agency and individ-
ual employees. (I) Where employees of
a public agency do not have a recog-
nized or otherwise designated repre-
sentative, the agreement or under-
standing concerning compensatory
time off must be between the public
agency and the individual employee
and must be reached prior to the per-
formance of work. This agr~ement or
understanding with individuaf\,employ-
ees need not be in writing, but a record
of its existence must be kept. (See
~ 553.50.) An employer need not adopt
the same agreement or understanding
with diffe!'ent employees and need not
provide compensatory time to all em-
ployees. The agreement or under-
standing to provide compensatory
time off in lieu of cash overtime com-
pensation may take the form of an ex-
press condition of employment, pro-
vided (i) the employee knowingly and
voluntarily agrees to it as a. condition
of employment and (if) the employee
is informed that the compensatory
time received may be preserved, used
or cashed out consistent with the pro-
visions of section 7(0) of the Act. An
agreement or understanding may be
evidenced by a notice to the employee
that compensatory time off will be
given in lieu of overtime pay. In such a
case, an agreement or understanding
would be presumed to exist for pur-
poses of section 7(0) with respect to
any employee who faUs to express to
the employer an unwillingness to
accept compensatory time off in lieu
of overtime pay. However, the employ-
ee's decision to accept compensatory
time off in lieu of cash overtime pay-
ments must be made freely and with-
out coercion or pressure.
(2) Section 2(80) of the 1985 Amend-
ments provides that in the case of em-
ployees who have no representative
and were employed prior to April 15,
1986, a public agency that has had a
regular practice of awarding compen-
satory time off in lieu of overtime pay
is deemed to have reached an agree-
ment or understanding with these em-
ployees as of April 15, 1986. A public
agency need not secure an agreement
or understanding with each employee
employed prior to that date. If, howev-
er, such a regular practice does not
conform to the provisions of section
7(0) of the Act, it must be modified to
do so with regard to practices after
April 14, 1986. With respect to employ-
ees hired after April 14, 1986, the
public employer who elects to use com-
pensatory time must follow the guide-
lines on agreements discussed in para-
graph (c)( 1> of this section.
[52 FR 2032, Jan. 16, 1987: 52 FR 2648. Jan.
23, 1987]
II 553.24 "Public safety", "emergenc:y re-
sponse", and "seasona'" activities.
(a) Section 7(0)(3)(A) of the Fl.SA
provides that an employee of a public
agency which is a State, a political
subdivision of a State, or an interstate
governmental agency, may accumulate
not more than 480 hours of compensa-
tory time for Fl.SA overtime hours
which are worked after April 15, 1986,
if the employee is engaged in "public
safety", "emergency response", or
"seasonal" activity. Employees whose
work includes "seasonal", "emergency
3
response", or "public safety" activities,
as well as other work, will not be sub-
ject to both limits of accrual for com-
pensatory time. If the employee's
work regularly involves the acUvities
included in the 480-hour limit, the em-
ployee will be covered by that limit. A
public agency cannot utilize the
higher cap by simple classification or
designation of an employee. The work
performed is controlling. Assignment
of occasional duties within the scope
of the higher cap will not entitle the
employer to use the higher cap. Em-
ployees whose work does not regularly
involve "seasonal", "emergency re-
sponse", or "public safety" activities
are subject to a 240-hour compensato-
ry time accrual limit for Fl.SA over-
time hours which are worked after
April 15, 1986.
(b) Employees engaged in "public
safety", "emergency response", or
"seasonal" activities, who transfer to
positions subject to the 240-hour limit,
may carryover to t.he new position
any accrued compensatory time. The
employer will not be required to cash
out the accrued compensatory time
which is in excess of the lower limit.
However, the employee must be com-
pensated in cash wages for any subse-
Quent overtime hours worked until the
number of accrued hours of compensa-
tory time falls below the 240-hour
limit.
(c) "Public safety activities": The
term "public safety activities" as used
in section 7(0)(3)(A) of the Act in-
cludes law enforcement, fire fighting
or related activities as described in
U 553.210 (a) and (b> and 553.211 (a)-
(c>, and ([). An employee whose work
regularly involves such activities will
Qualify for the 480-hour accrual limit.
However, the 480-hour accrual limit
will not apply to office personnel or
other civilian employees who may per-
form public safety activities only in
emergency situations. even if they
spend substantially all of their time in
a particular week in such activities.
For example, a maintenance worker
employed by a public agency who is
called upon to perform fire fighting
activities during an emergency would
remain subject to the 240-hour limit,
even if such employee spent an entire
week or several weeks in a year per-
forming public safety activities. Cer-
tain employees who work in "publlc
safety" activities for purposes of sec-
tion 7(0)(3)(A) may qualify for the
partial overtime exemption in section
7(k) of the Act. (See ~ 553.201>
(d) "Emergency response activity":
The term "emergency response activi-
ty" as used in section 7(o)(3)(A> of the
Act includes dispatching of emergency
vehicles and personnel, rescue work
and ambulance services. As is the case
with "public safety" and ".3easonal"
activities, an employee must regularly
engage in "emergency response" ac-
tivities to be covered under the 480-
hour limit. A city office worker who
may be called upon to perform rescue
work in the event of a flood or snow-
storm would not be covered under the
higher limit, since such emergency re-
....
?
~553.24(d)
sponse activities are not a regular part
of the employee's job. Certain employ-
ees who work in "emergency response"
activities for purposes of section
7(o)(3)(A) may qualify for the partial
overtime exemption in section 7(k) of
the Act. (See ~ 553.215.)
(e)( 1) "Seasonal activity": The term
"seasonal activity" includes work
during periods of significantly in-
creased demand, which are of a regu-
lar and recurring nature. In determin-
ing whether employees are considered
engaged in a seasonal activity, the
first consideration is whether the ac-
tivity in which they are engaged is a
regular and recurring aspect of the
employee's work. The second consider-
ation is whether the projected over-
time hours during the period of sig-
nificantly increased demand are likely
to result in the accumulation during
such period of more than 240 compen-
satory time hours (the number avail-
able u:lder the lower cap). Such pro-
jections will normally be based on the
employer's past experience with simi-
lar employment situations.
(2) Seasonal activity is not limited
strictly to those operations that are
very susceptible to changes in the
weather. As an example, employees
processing tax returns over an ex-
tended period of significantly in-
creased demand whose overtime hours
could be expected to result In the ac-
cumulation during such period of
more than 240 compensatory time
hours will typIcally qualify as engaged
in a seasonal activity.
(3) While parks and recreation activ-
Ity is primarily seasonal because peak
demand is generally experienced In
fair weather. mere periods of short but
intense activity do not make an em-
ployee's job seasonal. For example,
clerical employees working increased
hours for several weeks on a special
project or assigned to an afternoon of
shoveling snow off the courthouse
steps would not be considered engaged
in seasonal activities, since the in-
creased activity would not result in
the accumulation during such period
of more than 240 compensatory time
hours. Further, persons employed in
municipal auditoriums, theaters, and
sports facilities that are opl:'n for spe-
cific, limited seasons would be consid-
ered engaged in seasonal activities,
while those employed in facilities that
operate year round generally would
not.
(4) Road crews, while not necessarily
seasonal workers, may have significant
periods of peak demand, for instance
during the snow plowing season or
road construction season. The snow
plow operator/road crew employee
may be able to accrue compensatory
time to the higher cap, while other
employees of the same department
who do not have lengthy periods of
peak seasonal demand would remain
under the lower cap.
[52 FR 2032. Jan. 16, 1987; 52 FR 2648, Jan.
23, 1987]
II 553.25 Conditions for use of compensa.
tory time ("reasonable period",
"unduly disrupt").
(a) Section 7(0)(5) of the FLSA pro-
vides that any employee of a public
agency who has accrued compensatory
time and requested use of this com.
pensatory time, shall be permItted to
use such time off WIthin a "reasonable
period" -after making the request, jf
such use does not "unduly disrupt"
the operations of the agency. This
provision, however, does not apply to
"other compensatory time" (as defined
below In ~ 553.28), including compensa-
tory time accrued for overtime worked
prior to April 15, 1986.
(b) Compensatory time cannot be
used as a means to avoid statutory
overtime compensation. An employee
has the right to use compensatory
time earned and must not be coerced
to accept more compensatory time
than an employer can realistically and
in good faith expect to be able to
grant within a reasonable period of his
or her making a request for use of
such time.
(c) Reasonable period. (1) Whether a
request to use compensatory time has
been granted wIthin a "reasonable
period" will be determined by consid-
ering the customary work practices
within the agency based on the facts
and circumstances in each case. Such
practices include, but are not limited
to (a) the normal schedule 'of work, (b)
anticipated peak workloads based on
past experience, (c) emergency re-
qUIrements for staff and services, and
(d) the avallabtUty of qualified substi-
tute staff.
(2) The use of compensatory time In
lieu of cash payment for' overtime
must be pursuant to some form of
agreement or understanding between
the employer and the employee (or
the representative of tl1e employee)
reached prior to the performance of
the work. (See ~ 553.23.) To the extent
that the (conditions under which an
employee can take compensatory time
off are contained in an agreement or
understanding as defined in ~ 553.23,
the terms of such agreement or under- '
standing will govern the meaning of
"reasonable period".
(d) Unduly 'disrupL When an em-
ployer receives a request for compen- .
satory time off, It shall be honored
unless to do so would be "unduly dis-
ruptive" to the agency's operations.
Mere inconvenience to the employer is
an insufficient basis for denial of a re-
quest for compensatory time off. (See
H. Rep. 99-331, p. 23.) For an agency
to turn down a request from an em-
ployee for compensatory time off re-
quires that it should reasonably and In
good faith anticipate that it would
impose an unreasonable burden on the
agency's ability to provide services of
acceptable quality and quantity for
the pubUc during the time requested
without the use of the employee's
services.
[52 FR 2032. Jan. 16, 1987; 52 FR 2648, Jan.
23, 1987]
4
II 553.26 Cash overtime payments.
(a) Overtime compensation due
under section 7 may be paid In cash at
the employer's option, in lieu of pro-
Viding compensatory time off under
section 7(0) of the Act In any work-
week or work period. The FLSA dot":';
not prohibit an empfoyer from freely
substituting cash, In whole or part. for
, compensatory time off; and overtime
. payment in cash would not affect sub-
sequent granting. of compen.<;atory
time off In future workweeks or work
periods. (See ~ 553.23(a)(2)')
(b) The principles for computim;
cash overtime pay are contained in 29
CFR part 778. Cash overtime compen-
sation must be paid at a rate not leS0
than one and one-half times the regu-
lar rate at-which the employee is actu-
ally raid. (See 29 CFR 778.107.)
(c) In a workweek or work period
during which an employee works
hours which, are overtime hours unde:-
FLSA and for which cash overtime
payment will be made, and the em-
ployee also takes compensat.ory time
off, the payment for such time off
may be excluded from the regular ra:e
of pay under section 7(e)(2) of the Act.
Section 7(e)(2) provides t.hat the regu-
lar rate shall not be deemed to include
. . . payments made for occasional periods
when no work is perfonned due to vacation.
holiday. . . . or other slml.lar cause.
As explained in 29 CFR 778.218(d). the
term "other similar cause" refers to
payments made for periods of absence
due to factors Hke holidays, vacations,
illness, and so forth. Payments made
to an employee' for periods of absence
due to the use of accrued compen.<;ato-
ry time are considered to be the type
of payments in this "other similar
cause" category.
II 553.27 Payments for unused compensa.
tory time.
(a) Payments for accrued compensa-
tory time ,earned after April 14, 1986,
may be made at any time and shall be
paid at the regular rate earned by the
employee at the time the employee re-
ceives such payment.
(b) Upon termination of employ-
ment, an employee shall be paid for
unused compensatory time earned
after April 14, 1986, at a rate of com-
pensation not less than-
(1) The average regular rate received
by such employee during the last 3
'years of the employee's employment,
or
(2) The final regular rate received by
such employee, whichever is higher.
(c) The phrase last 3 years of em-
ployment means the 3-year period im-
medIately prior to termination. Where
an employee's last 3 years of employ-,
ment are not continuous because of a
break in service, the period of employ-
ment after the break In service will be
treated as new employment. However,
such a break in service must have been
intended to be permanent and any ac-
crued compensatory time earned after
April 14, 1986, must have been cashed
(
~553.27(c)
out at the time of initial separation.
Where the final period of employment
is less than 3 years, the average rate
still must be calculated based on the
rate(s) in effect during such period.
(d) The term "regular rate" is de-
fined in 29 CFR 778.108. As indicated
in ~ 778.109, the regular rate is an
hourly rate, although the FLSA does
not require. employers to compensate
employees on an hourly basis.
. [52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan.
23, 1987]
~ 553.28 Other compensatory time.
(a) Compensatpry time which- is
earned and accrued by an employee
for. employment in excess of a nonsta-
tutory (that is, non-FLSAl require-
ment is considered "other" compensa-
tory time. The term "other" compen-
satory time off means hours during
which an employee is not working and
which are n~t counted as hours
worked during the period when used.
-For example, a ,colle~tive bargaining
agreement may provide that compen-
satory. time .be granted to employees
for hours worked in excess of 8 'in ~
day, or for working on a scheduled day
off in a nonovertime workweek. The
FLSA does not require compensatory
time to be granted in such situations.
(b) Compensatory time which is
earned and accrued by an employee
working hours which are "overtime"
hours underState or local law, ordi-
nance, or other provisions, but which
are not overtime hours under section 1
of the FLSA is also considered "other"
compensatory time. Por example, a
local law or ordinance may provide
that compensatory time be granted to
employees for hours worked in excess
of 35 in a workweek. Under section
7(a) of the FLSA, only hours worked
in excess of 40 in a work.week are over-
time hours Which must be compensat-
ed at one and one-half times the regu-
lar rate of pay.
(c) Similarly, compensatory time
earned or accrued by an employee for
e~ployment in excess of a standard
established by the personnel policy or
practice of an employer, or by custom,
which does not result from the FLSA
provision, is another example of
"other" compensatory time.
(d) The FLSA does not require that
the rate at which "other" compensato-
ry time is earned has to be at a rate of
one and one-half hours for each hour
of employment. The rate at which
"other" compensatory time is earned
may be some lesser or greater multiple
of the rate or the straight-time rate
itself.
(e) The require~ents of section 7(0)
of the FLSA, including the limitations
on accrued compensatory time, do not
apply to "other" compensatory time as
described above.
OTHER EXEMPTIONS
~ 553.30 Occasional or sporadic employ-
ment-section 7(p)(2).
(a) Section 7(p)(2) of the FLSA pro-
vides that where State or local govern-
ment employees, solely at their option,
work occasionally or sporadically, on a
part-time basis for the same public
agency in a different capacity from
their regular employment, the hours
worked in the different jobs shall not
be combined for the purpose of deter-
mining overtime liability under the
Act.
(b) Occasional or sporadic. (1) The
ternl occasional or sporadic meanS in-
frequent, irregular, or occurring in
scattered instances. There may be an
occasional need for additional re-
sources in the delivery of certain types
of public services which is at times
best met by the part-time employment
of an individual who is already a
public employee. Where employees
freely and solely at their own option
enter into such activity, the total
hours worked will not be combined for
purposes of determining any overtime
compensation due on the regular, pri-
mary job. ~owever, in order to prevent
overtime abuse, such hours worked are
to be excluded from computing over-
time compensation due only where the
occasional or sporadic aSsignments are
not within the same general occupa-
tional category as the employee's regu-
lar work.
(2) In order for an employee's occa-
sional or sporadic work on a part-time
basis to qualify for exemption under
section 7(p)(2), the employee's deci-
sion to work in a different capacity
must be made freely and without coer-
cion, implicit or explicit, by the em-
ployer. An employer may suggest that
an employee undertake another kind
of work for the same unit of govern-
ment when the need for assistance
arises, but the employee must be free
to refuse to perform such work with-
out sanction and without being re-
quired to explain or justify the deci-
sion.
(3) Typically, public recreation and
. park facilities, and stadiums or audito-
riums utilize employees in occasional
or sporadic work. Some of these em-
ployment activities are the taking of
tickets, providing security for speci8J.
events (e.g., concerts, sports. events,
and lectures), officiating at youth or
other recreation and sports events, or
engaging in food or beverage sales at
special events, such as a county fair.
Employment in such activity may be
considered occasional or sporadic for
regular employees of State or local
government agencies ev~n where the
need can be anticipated becJl.use it
recurs seasonally (e.g., a hOliday
conert at a city college. a program of
scheduled sports events, or assistance
by a city payroll clerk in processing re-
turns at tax filing time). An activity
does not fail to be. occasional merely
because it is recurring.' In contrast, for
example, if a parks department clerk,
in addition to his or her regular job,
also regularly works additional hours
on a part-time basis (e.g., every week
or every other week) at a public park
food and beverage sales center operat-
ed by that agency. the additional work
does not constitute intermittent and
5
..
irregular employment and, therefore,
the hours worked would be combined
in computing any overtime compensa-
tion due.
(c) Different capacity. (1) In order
for employment in these occasional or
sporadic activities not to be considered
subject to the overtime requirements
of section 7 of the FLSA, the regular
government employment of the indi.
vidual performing them must also be
in a different capacity, i.e., it must not
fall within the same general occupa-
tional category.
(2) In general, the Administrator
will consider the duties and other fac-
tors contained in the definitions of the
3-digit categories of occupations in the
Dictionary of Occupational Titles
(except in the case of pUblic safety
employees as discussed below in sec-
tion (3)), as well as all the facts and
circumstances in a particular case, in
determining whether employment in a
second capacity is substantially differ-
ent from the regular employment.
(3) For example. if a public park em-
ployee primarily engaged in play-
ground maintenance also from time to
time cleans an evening recreation
center operated by the same agency,
the additional work would be consid-
ered hours worked for the same em-
ployer and subject to the Act's over-
time requirements because it is' not in
a different capacity. This would be the
case even though the work was occa-
sional or sporadic, and, was not regu-
larly scheduled. Public safety employ-
ees taking on any kind of security or
safety function within the same local
government are never considered to be
employed in a different capacity.
(4) However, if a bookkeeper for a
municipal park agency or a city mail
clerk occasionally referees for an adult
evening basketball league sponsored
by the city, the hours worked as a ref-
eree would be considered to be in a dif.
ferent general occupational category
than the primary employment and
would not be counted as hours worked
for overtime purposes on the regular
job. A person regularly employed as a
bus driver may assist in crowd control,
for example, at an event such as a
winter festival, and in doing so, would
be deemed to be serving in a different
capacity.
(5) In addition, any activity tradi-
tionally associated with teaching (e.g.,
coaching, career counseling, etc.) will
not be considered as employment in a
different capacity. However, where
personnel other than teachers engage
in such teaching-related activities, the
work will be viewed as employment in
a different capacity, provided that
these activities are performed on an
ocCasional or sporadic basis and all
. other 'requirements for this provision
are met. For example, a school secre-
tary could substitute as a coach for a
basketball team or a maintenance en-
gineer could provide instruction on
.auto repair on an occasional or sporad-
ic basis.
~553.31 (a)
!l553.31 Substitution-section 7(p)(3).
(a) Section 7(p)(3) of the FLSA pro-
vides that two individuals employed in
any occupation by the same public
agency may agree, solely at their
option and with the approval of the
public agency, to substitute for one an-
other during scheduled work hour:> in
performance of work in the same ca-
pacity. The hours worked shall be ex-
cluded by the employer in the calcula-
tion of the hours for which the substi-
tuting employee would otherwise be
entitied to overtime compensation
under the Act. Where one employee
substitutes for another, each employee
will be credited as if he or she had
worked his or her normal work sched-
ule for that shift.
(b) The provisions of section 7(p)(3)
apply only if employees' decisions to
substitute for one another are made
freely and without coercion, direct or
implied. An employer may suggest
that an employee substitute or "trade
time" with another employee working
in the same capacity during regularly
scheduled hours, but each emplo'ye'e
must be free to refuse to perform such
work without sanction and without'
being required to explain or justify
the decision. An employee's decision to
substitute will be considered to have
been made at his/her sole option when
It has been made (i) without fear of re-
prisal or promise of reward by the em-,
ployer, and (if) exclusively for the em-
ployee's own convenience. '
(c) A public agency which employs
individuals who substitute or "trade
time" under this subsection is not re-
quired to keep a record of the hours of
the substitute work.
(d) In order to qualify under section
7(p)(3), an agreement between individ-
uals employed by a public agency to
substitute for one another at their
own option must be' approved by the
agency. This requires that the agency
be aware of the arrangement prior to
the work being done, i.e., the employer
must know what work is being done,
by whom it is being done, and where
and when it is being done. Approval is
manifest when the employer is aware
of the substitution and indicates ap-
proval in whatever manner is custom-
ary. L
!l 553.32 Other FLSA exemptions.
(a) There are other exemptions from
the minimum wage and/or overtime
requirements of the FLSA which may
apply to certain employees of public
agencies. The following sections pro-
vide a discussion of some of the major
exemptions which may be applicable.
This list is not comprehensive.
(b) Section 7(k) of the Act provides a
partial overtime pay exemption for
public agency employees employed in
fire protection or law enforcement ac-
tivities (including security' personnel
in correctional institutions). In addi-
tion, section 13(b)(20) provides a com-
plete overtime pay exemption for any
employee of a public agency engaged
in fire protection or law enforcement
activities, if the public agency employs
less than five employees in such activi-
ties. (See subpart C of this part.)
(c) Section 13(a)(1) of the Act pro-
vides an exemption from both the
minimum wage and overtime pay re-
quirements for any employee em-
ployed in a bona. fide executive, ad-
ministrative, professional, or outside
sales capacity, as these terms are de-
fined and delimited in part 541 of this
title. An employee will qualify for ex-
emption if he or she meets all of the
pertinent tests relating to duties, re-
sponsibilities, and salary.
(d) Section 7(j) of the Act provides
that a hospital or residential care es-
tablishment may, pursuant to a prior
agreement or understanding with an
employee or employees, adopt a fixed
work period of 14 consecutive days for
the purpose of computing overtime
pay in lieu of the regular 7-day work-
week. Workers employed under section
7(j) must receive not less than one and
one:half times their regular rates of
pay for all hours worked over 8 in any
workday, and over 80 in the 14-day
work period. (See ~ 778.601 of this
ti tIe.)
(e) Section 13(a)(3) of the Act pro-
videsa minimum wage and overtime
pay exemption for any employee em-
ployed by an amusement or recre-
ational establishment if (1) it does not
operate for more than 7 months in
any calendar year or (2) during the
preceding calendar year, its average
receipts for any 6 months of such year
were not more than 33% percent of its
average receipts for the other 6
months of such year. In order to meet
the requirements of section
13(a)(3)(B), the establishment in the
previous year must have received at
least 75 percent of its income within 6
months. The 6 months, however, need
not be 6 consecutive months. State
and local governments operate parks
and recreational areas to which this
exemption may apply.
(f) Section 13(b)(1) of the Act pro-
vides an exemption from the overtime
pay requirements for "Any employee
with respect to whom the Secretary of
Transportation has power to establish
qualifications and maximum hours of
service pursuant to the provisions of
section 204 of the Motor Carrier Act,
1935." (recodified at section 3102, 49
V.S.C.). With regard to State or local
governments, this overtime pay ex-
emption may affect mass transit sys-
tems engaged in interstate commerce.
This exemption is applicable to driv-
ers, driver's helpers, loaders, and me-
chanics employed by a common carrier
whose activities directly affect the
safety of operation of motor vehicles
in the transportation on the public
highways of passengers or property.
(See part 782 of this title.)
(g) Section 7(n) of the Act provides
that, for the purpose of computing
overtime pay, the hours of employ-
ment of a mass transit employee do
not include the time spent in charter
activities if (1) pursuant to a prior
agreement the time is not to be so
6
counted, and (2) such charter artivi-
ties are not a part of the employee',;
regular employment.
(h) Additional overtime pay exemp-
tions which may apply to emloyees of '
public agencies are contained in Se;('-
tions 13(b)(2) (employees of cert~,;n
common carriers by rail). 13(b)(9) (cer-
tain employees of small market r2.~iio
and television stations), and section
13(b)( 12) (employees in agriculture) of
the Act. Further, section 13(a)(5) of
the Act provides a minimum wage and
overtime pay exemption for a[::;-icu]-
tural employees who work on small
farms. (See pt'.rt 780 of this title.)
RECORDKEEPING
~ 553.50 Records to be kept of compE'nsa-
tory time.
For each employee subject to the
compensatory time and compensatory
time off provisions of section 7(0) of
the Act, a public agency which is a
State, a political subdivision of a State
or an interstate governmental agency
shall maintain and preserve records
containing the basic information and
data required by ~ 516.2 of this title
and, in addition:
(a) The number of hours of compen-
satory time earned pursuant to section
7(0) each workweek, or other applica-
ble work period, by each employee at
the rate of one and one-half hour for
each overtime hour worked;
(b) The number of hours of such
compensatory time used each work-
week, or other applicable work period,
by each employee;
(c) The number of hours of compen-
satory time compensated in cash, the
total amount paid and the date of
such payment; and
(d) Any collective bargaining agree-
ment or written understanding or
agreement with respect to earning and
using compensatory time off. If such
agreement or understanding is not in
writing, a record of its existence must
be kept.
~ 553.51 Records to be kept for employees
paid pursuant to section 7(k).
For each employee subject to the
partial overtime exemption in section
7(k) of the Act, a public agency which
is a State. a political subdivision of a
State, or an interstate governmental
agency shall maintain and preserve
records containing the information
and data required by A 553.50 and, in
addition, make some notation on the
payroll records which shows the work
period for each employee and which
indicates the length of that period and
its starting time. If all the workers (or
groups of workers) have a work period
of the same length beginning at the
same time on the same day, a single
notation of the time of day and begin-
ning day of the work period will suf-
fice for these workers.
Subpart 8-Volunteer.
~ 553.100 General.
Section 3( e) of the Fair Labor Stand-
ards Act. as amended in 1985, provides
~553.1 00
that individuals performing volunteer
serVices for units of State and local
governments will not be regarded as
"employees" under the statute. The
purpose of this subpart is to define the
circumstances under which individuals
may perform hours of volunteer serv-
ice for units of State and local govern-
ments without being considered to be
their employees during such hours f9r
purposes oUhe FLSA.
~ 553.101 "Volunteer" defined.
(a) An individual who performs
hours of service for a public agency
for civic, charitable, or humanitarian
reasons, without promise, expectation
or receipt of compensation for services
rendered, is considered to be a volun-
teer during such hours. Individuals
performing hours of service for such a
public agency will be considered volun-
teers for the time so spent and not
subject to sections 6, 7, and 11 of the
FLSA when such hours of service are
performed in accord with sections
3(e)(4) (A) and (B) of the FLSA and
the guidelines in this subpart.
(b) Congress did not intend to dis-
courage or impede volunteer activities
undertaken for civic, charitable. or hu-
manitarian purposes, but expressed its
wish to prevent any manipulation or
abuse of minimum wage or overtime
requirements through coercion or
undue pressure upon individuals to
"volunteer" their services.
(c) Individuals shall be considered
volunteers only where their service~
are offered freely and without pres-
sure or coercion, direct or implied,
from an employer.
(d) An individual shall not be consid-
ered a volunteer if the individual is
otherwise employed by the same
public agency to perform the same
type of services as those for which the
individual proposes to volunteer.
~ 553.102 .Employment by the same public
agency.
(a) Section 3(e)(4)(A)(ii) of the
FLSA does not permit an individual to
perform hours of volunteer service for
a public agency when such hours in-
volve the same type of services' which
the individual is employed to perform
for the same public agency.
(b) Whether twi> agencies of the
same State or local government consti-
tute the same public agency can only
be determined on a case-by-case basis.
One factor that would support a con-
clusion that two agencies are separate
is whether they are treated separately
for statistical purposes in the Census
of Governments issued by the Bureau
of the Census, U.S. Department of
Commerce.
11553.103 "Same type of services" defined.
(a) The 1985 Amendments provide
that employees may volunteer hours
of service to their public employer or
agency provided "such services are not
the same type of services which the in-
dividual is employed to perform for
such public agency." Employees may
volunteer their services in one capac-
\
ity or another without contemplation
of pay for services rendered. The
phrase "same type of services" means
similar or identical services. In gener-
al, the Administrator will consider, but
not as the only criteria, the duties and
other factors contained in the defini-
tions of the 3-digit categories of occu-
pations in the Dictionary of Occupa-
tional Titles in determining whether
the volunteer activities constitute the
"same type of services" as the employ-
ment activities. Equally important in
such a determination will be the con-
sideration of all the facts and circum-
stances in a particular case, including
whether the volunteer service is close-
ly related to the actual duties per-
formed by or responsibilities assigned
to the employee.
(b) An example of an individual per-
forming services which constitute the
"same type of services" is a nurse em.
ployed by :J. State hospital who pro-
poses to volunteer to. perform nursing
services at a State-operated health
clinic which does not qualify as a sepa.
rate public agency as discussed in
~ 553.102. Similarly, a firefighter
cannot volunteer as a firefighter for
the same public agency.
(c) Examples of volunteer services
which do not constitute the "same
type of services" include: A city police
officer who volunteers as a part-time
referee in a basketball league spon.
sored by the city; an employee of the
city parks department who serves as a
volunteer city firefighter; and an
office employee of a city hospital or
other health care institution who vol.
unteers to spend time with a disabled
or elderly person in the same institu.
tion during off duty hours as an act of
charity.
~ 553.104 Private individuals who volun.
teer services to public agencies.
(a) Individuals who are not em-
ployed in any capacity by State 0:
Ioca: government agencies ofter,
donate hours of service to a public
agency for civic or humanitarian rea-
sons. Such individuals are considered
volunteers and not employees of such
public agencies if their hours of servo
ice are provided with no promise ex.
pectation, or receiPt of compensation
for the services rendered, except for
reimbursement for expenses, reasona-
ble benefits, and nominal fees, or a
combination thereof, as discussed in
~ 553.106. There are no limitation" or
restrictions imposed by the FLSA on
the types of services which private in-
dividuals may volunteer to perform for
public agencies.
(b) Examples of services which
might be performed on z. volunteer
basis when so motivated include help-
ing out in a sheltered workshop or
providing personal services to the sick
or the elderly in hospitals or nursing
homes; assisting in a school library or
cafeteria: or driving a school bus to
carry a football team or band on a
trip. Similarly, individuals may volun-
teer as firefighters or auxiliary police,
or volunteer to perform such tasks as
7
working with retarded or handicapped
children or disadvantaged youth, help-
ing in youth programs as camp coun-
selors, soliciting contributions or par-
ticipating in civic or charitable benefit
programs and volunteering other serv-
ices needed to carry out charitable or
educational programs.
[52 FR 2032, Jan. 16, 1987: 52 FR 2648, Jan.
23, 1987J
~ 553.105 Mutual aid agreements.
An agreement between two or more
States, political subdivisions, or inter-
state governmental agencies for
mutual aid does not change the other-
wise volunteer character of services
performed by employees of such agen-
cies pursuant to said agreement. For
example, where Town A and Town B
have entered into a mutual aid agree-
ment related to fire protection, a fire-
fighter employed by Town A who also
is a volunteer firefighter for Town B
will not have his or her hours of vol-
unteer service for Town B counted as
part of his or her hours oi employ-
ment with Town A. The mere fact that
services volunteered to TOVv-n B may in
some instances involve performance in
Town A's geographic jurisdiction does
not require that the volunteer's hours
are to be counted as hours of employ-
ment with Town A.
!l 553,106 Payment of expenses, benefits,
or fees.
(a) Volunteers may be paid expenses,
reasonable benefits, a nominal fee, or
any combination thereof, for their
service without losing their status as
volunteers.
(b) An individual who performs
hours of service as a volunteer for a
public agency may receive payment
for expenses without being deemed an
employee for purposes of the FLSA. A
school guard does not become an em-
ployee because he or she receives a
uniform allowance, or reimbursement
for reasonable cleaning expenses or
for wear and tear on personal clothing
worn while performing hours of volun-
teer service. (A uniform allowance
must be reasonably limited to relieving
the volunteer of the cost of providing
or maintaining a required uniform
from personal resources.) Such indi-
viduals would not lose their volunteer
status because they are reimbursed for
the approximate out-of-pocket ex-
penses incurred incidental to pro"iding
volunteer services, for example. pay-
ment for the cost of meals and trans-
portation expenses.
(c) Individuals do not lose their
status as volunteers because they are
reimbursed for tuition, transportation
and meal costs involved in their at-
tending classes intended to teach them
to perform efficiently the services
they provide or will provide as volun-
teers. Likewise, the volunteer status of
such individuals is not lost if they are
provided books, supplies, or other ma-
terials essential to their vollmteer
training or reimbursement for the cost
thereof.
S553.1 06( d)
(d) Individuals do not lose their vol-
unteer status if they are provided rea-
sonable benefits by a pUblic agency for
whom they perform volunteer serv-
ices. Benefits would be considered rea-
sonable, for example, when they in-
volve inclusion of individual volun-
teers in group insurance plans (such as
liability, health, life, dis~bUity, work-
ers' compensation) or pension plans or
"length of service" awards, commonly
or traditionally provided to volunteers
of State and local government agen-
cies, which meet the additional test in
paragraph (n of this section.
(e) Individuals do not lose their-vol.
unteer status if they receive a nominal
fee from a public agency. A nominal
fee is not a substitute for compensa-
tion and must not be tied to productiv-
ity. However, this does not preclUde
the payment of a nominal amount on
a "per call" or similar basis to volun-
teer firefighters. The fOllOWing factors
will be among those examined in de-
termining whether a given amount is
nominal: The distance traveled and
the time and effort expended by the
volunteer; whether the volunteer has
agreed to be available around-the-
clock or only during certain specified
time periods; and whether the volun-
teer provides services as needed or
throughout the year. An individual
who volunteers to provide periodic
services on a year-round basis may re-
ceive a nominal monthly or annual sti-
pend or fee without losing volunteer
status.
(n Whether the furnishing of ex-
penses, benefits, or fees would result
in individuals' losing their status as
volunteers under the FLSA can only
be determined by examining the total
amount of payments made (expenses,
benefits, fees) in the context of the
economic realities of the particular sit-
uation.
Subpart C-Fire Protedion and Law
Enforcement Employees of Public
Agencies .
GENERAL PRINCIPLES
11 553.200 Statutory provisions: section
13(b)(20).
(a) Section 13(b)(20) of the FLSA
provides a complete overtime pay ex-
emption for "any employee of a public
agency who in any workweek is em-
ployed in fire protection activities or
any employee of a public agency who
in any workweek is employed in law
enforcement activities <including secu-
rity personnel in correctional institu-
tions), if the public agency employs
during the workweek less than 5 em-
ployees in fire protection or law en-
forcement activities, as the case may
be."
(b) In determining whether a public
agency qualifies for the section
13(b)(20) exemption, the fire protec-
tion and law enforcement activities are
considered separately. Thus, if a
public agency employs less than five
employees in fire protection activities,
but five or more employees in law en-
forcement activities (including securi-
ty personnel in a correctional institu-
tion), it may c1a.im the exemption for
the fire protection employees but not
for the law enforcement employees.
No distinction is made between full-
time and part-time employees, or be-
tween employees on duty and employ-
ees on leave status, and all such cate-
gories must be counted in determining
whether the exemption applies. Indi-
viduals who are not considered "em-
ployees" for purposes of the FLSA by
virtue of section 3(e) of the Act (in-
cluding persons who are "volunteers"
within the meaning of ~ 553.101, and
"elected officials and their appoint-
ees" within the meaning of ~ 553.11)
are not counted in determining wheth-
er the section 13(b)(20) exemption ap-
plies.
(c) The section 13(b)(20) exemption
applies on a workweek basis. It is
therefore possible that employees may
be subject to maximum hours stand-
ard in certain workweeks, but not in
others. In those workweeks in whiCh
the section 13(b)(20) exemption does
not apply, the pUblic agency is entitled
to utilize the section 7(k) exemption
which is explained below in ~ 553.201.
[52 FR 2032, Jan. 16,1987; 52 FR 2648, Jan.
23, 1987]
Ii 553.201 Statutory provisions: section
7(k).
(a) Section 7(k) of the Act provides a
partial overtime pay exemption for
fire protection and law enforcement
personnel (including security person-
nel in correctional institutions) who
are employed by public agencies on a
work period basis. This section of the
Act formerly permitted public agen-
cies to pay overtime compensation to
such employees in work periods of 28
consecutive days only after 216 hours
of work. As further set forth in
9 553.230 of this part, the 216-hour
standard has been replaced, pursuant
to the study mandated by the statute,
by 212 hours for fire protection em-
ployees and 171 hours for law enforce-
ment employees. In the case of such
employees who have a work period of
at least 7 but less than 28 consecutive
days, overtime compensation is re-
quired when the ratio of the number
of hours worked to the number of
days in the work period exceeds the
ratio of 212 (or 171) hours to 28 days.
(b) As specified in U 553.20 through
553.28 of SUbpart A, workers employed
under section 7(k) may, under certain
conditions, be compensated for over-
time hours worked with compensatory
time off rather than immediate over-
time premium pay.
II 553.202 Limitations.
The application of sections 13(b)(20J
and 7(k), by their terms, is limited to
pUblic agencies, and does not apply to
any private organization engaged in
furnishing fire protection or law en-
8
forcement services. This is so even if
the services are provided under con.
tract with a pUblic agency.
ExEMPTION REQUIREMENTS
11553.210 Fire protection activities.
(a) As used in sections 7(k) and
13(b)(20) of the Act, the term "any
employee. . . in fire protection acti\";-
ties" refers to any employee (1) who is
employed by an organized fire depart-
ment or fire protection distric~: (:?)
who has been trained to the extent re-
Quired by State statute or local ordi-
nance; (3) who has the legal authOrity
and responsib1l1ty to engage in th e
prevention, control or extinguishment
of a fire of any type; and (4) who P'~;-
forms activities which are required
for, and directly concerned witll, th2
prevention, control or extinguish_tUG; t
of fires. including such incidental non-
fire fighting functions as housekeep-
ing, equipment maintenance, k~tur-
ing, attending community fire drilL,
and inspecting homes and schoo;, for
fire hazards. The term would include
all such employees. regardless of thei:-
status as "trainee," ..probationar:;.... or
"permanent," or of their particular
speCialty or job title (e.g., firefighter.
engineer, hose or ladder operator. fire
specialist, fire inspector, lieutenant,
captain, inspector, fire marshal, bat-
talion chief, deputy chief, or ehlen,
and regardless of their assignment to
support activities of the type described
in paragraph (c) of this section,
whether or not such assignment is for
training or familiartzationpurposes, or
for reasons of illness, injury or infirmi-
ty. The term would also include rescue
and ambulance service personnel if
such personnel form an !.ntegral part
of the public agency's fire protection
activities. See ~ 553.215.
(b) The term "any employee in fire
protection activities" also refers to em-
ployees who work for forest conserva-
tion agencies or other public agencies
charged with forest fire fighting re-
sponsibilities, and who direct or
engage in (1) fire spotting or lookout
activities, or (2) fighting fires on the
fire line or from aircraft or (3) operat-
ing tank trucks, bulldozers and trac-
tors for the purpose of Clearing fire
breaks. The term includes all persons
so engaged, regardless of their status
as full time or part time agency em-
ployees or as temporary or casual
workers employed for a particular fire
or for perIods of high fire danger, in-
cluding those who have had no prior
training. It does not include such
agency employees as maintenance and
office personnel who do not fight fires
on a regular basis. It may include such
employees dUring emergency situa:
tions when they are called upon to
spend SUbstantially all <i.e., 80 percent
or more) of their time during the ap-
plicable work periOd in one or more of
the activities described in paragraphs
(b)(1), (2) and (3) of this section. Addi-
tionally, for those persons who actual-
ly engage in those fire protection ac-
tivities, the simultaneous performance
of such related functions as house-
~553.21 O(b)
keeping, equipment maintenance,
tower repairs and/or the construction
of fire roads, would also be within the
section 7(k.) or 13(b)(20) exemption.
(c) Not Included in the term "em-
ployee in fire protection activities" are
the so-called "civilian" employees of 'a
fire department, fire district, or forest-
ry service who engage in such support
activities as those performed by dis-
patchers, alarm operators, apparatus
and equipment repair and mainte-
nance workers, camp cooks. clerks, ste-
nographers, etc.
[52 FR 2032. Jan. 16, 1987; 52 FR 2648, Jan.
23. 1987]
~ 553.211 Law enforcement acth'ities.
(a) As used in sections 7(k) and
13(b)(20) of the Act, the term "any
employee . . . in law enforcement ac-
tivities" refers to any employee (1)
who is a uniformed or plainclothed
member of a body of officers and sub-
ordinates who are empowered by State
statute or local ordinance to enforce
laws designed to maintain public peace
and order and to protect both life and
property from accidental or willful
injury, and to prevent and detect
crimes, (2) who has the power to
arrest, and (3) who is presently under-
going or has undergone or will under-
go on-the-job training and/or a course
of instruction and study which typical-
ly includes physical training, self-de-
fense, firearm proficiency, criminal
and civil law principles, investigative
and law enforcement techniques, com-
munity relations, medical aid and
ethics.
(b) Employees who meet these tests
are considered to be engaged in law
enforcement activities regardless of
their rank, or of their status as "train-
ee," "probationary," or "permanent,"
and regardless of their assignment to
duties inCidental to the performance
of their law enforcement activities
such- as equipment maintenance, and
lecturing, or to support activities of
the type described in paragraph (g) of
this section, whether or not such as-
signment is for training or familiariza-
tion purposes, or for reasons of illness,
injury or infirmity. The term would
also include rescue and ambulance
service personnel if such personnel
form an integral part of the public
agency's law enforcement activities.
See ~ 553.215.
(c) Typically, employees engaged in
law enforcement activities include city
police; district or local police, sheriffs,
under sheriffs or deputy sheriffs who
are regularly employed and paid as
such; court marshals or deputy mar-
shals; constables and deputy consta-
bles who are regularly employed and
paid as such; border control agents;
state troopers and highway patrol offi-
cers. Other agency employees not spe-
cifically mentioned may, depending
upon the particular facts and perti-
nent statutory provisions in that juris-
diction. meet the three tests described
above. If so, they will also qualify as
law enforcement officers. Such em-
ployees might include, for example,
fish and game wardens or criminal in-
vestigative agents assigned to the
office of a district attorney, an attor-
ney general, a solicitor general or any
other law enforcement agency con-
cerned with keeping public peace and
order and protecting life and property.
(d) Some of the law enforcement of-
ficers listed above, including but not
limited to certain sheriffs, will not be
covered by the Act if they are elected
officials and if they are not subject to
the civil service laws of their particu-
lar State or local jurisdiction. Section
3(e)(2)(C) of the Act excludes from its
definition of "employee" elected offi-
cials and their personal staff under
the conditions therein prescribed. 29
U.S.C. 203(e)(2)(C), and see ~ 553.11.
Such individuals, therefore, need not
be counted in determining whether
the public agency in question has less
than five employees engaged in law
enforcement activities for purposes of
claiming the section 13(b)(20) exemp-
tion.
(e) Employees who do not meet each
of the three tests described above are
not engaged in "law enforcement ac-
tivities" as that term Is used in sec-
tlOIlf 7(k) and 13(b)(20). Employees
who normallY would not meet each of
these tests include
(1) Building Inspectors (other than
those defined In ~ 553.213(a)),
(2) Health inspectors,
(3) Animal control personnel,
(4) Sanitarians,
(5) civillan traffic employees who
direct vehicular and pedestrian traffic
at specified Intersections or other con-
trol points,
(6) Clvillan parking checkers who
patrol assigned areas for the purpose
of discovering parking violations and
Issuing appropriate warnings or ap-
pearance notices,
(7) Wage and hour compliance offi-
cers.
(8) Equal employment opportunity
compliance officers,
(9) Tax compliance officers,
(10) Coal mining inspectors. and
(11) Building guards whose primary
duty is to protect the lives and proper-
ty of persons within the limited area
of the building.
(n The term "any employee in law
enforcement activities" also includes,
by express reference, "security person-
nel in correctional instltitions." A cor-
rectional Institution is any govern-
ment facility maintained as part of a
penal system for the Incarceration or
detention of persons suspected or con-
victed of having breached the peace or
committed some other crime. Typical-
ly, such facUities include penitentia-
ries, prisons, prison farms, county, city
and village jails, precinct house lock-
ups and reformatories. Employees of
correctional institutions who quaIlCy
as security personnel for purposes of
the section 7(k) exemption are those
who have responsibility for controlling
and maintaining custody of Inmates
and of safeguarding them from other
inmates or for supervising such func.
tions, regardless of whether - their
duties are performed inside the correc-
9
tional institution or outside the insti-
tution (as In the case of road gangs).
These employees are considered to be
engaged in law enforcement activities
regardless of their rank (e.g., warden,
assistant warden or guard) or of their
status as "trainee," "probationary," or
"permanent," and regardless of their
assignment to duties incidental to the
performance of their law enforcement
activities, or to support activities of
the type described in paragraph (g) 01
this section, whether or not such as-
signment is for trainlng or familiariza-
tion purposes or for reasons of illness,
injury or Infirmity.
(g) Not included in the term "em-
ployee in law enforcement activities"
are the so-called "civilian" employees
of law enforcement agencies or corTf~C-
tional institutions who engage in such
- support activities as those performed
by dispatcher, radio operators, appara-
tus and equipment maintenance and
repair workers, janitors. clerks and ste-
nographers. Nor does the term include
employees in correctional instltutlons
who engage in building repair and
maintenance, culinary services, teach-
ing, or in psychological, medical and
paramedical services. This is se even
though such employees may, when as-
signed to correctional institutions.
come into regular contact with the in-
mates in the performance of tl1f'ir
duties.
~ 553.2]2 Twenty percent Iimitstioh on
nonexempt work.
(a) Employees engaged in fire pro-
tection or law enforcement activities
as described in H 553.210 and 553.211.
may also engage in some nonexempt
work which is not perfornled 11.5 an In-
cident to or in conjunction with their
fire protection or law enforcement ac-
tivities. For example, firefighters who
work for forest conservation agencies
may, during slack times, plant trees
and perform other conservation activi-
ties unrelated to their firefighting
duties. The performance of such non-
exempt work will not defeat either the
section 13{b)(20) or 7(k) exemptions
unless it exceeds 20 percent of the
total hours worked by that employee
during the workweek or applicable
work period. A person who spends
more than 20 percent of his/her work-
ing time in nonexempt activities is not
considered to be an employee engaged
in fire protection or law enforcement
activities for purposes of this part.
(b) Public agency fire protection and
law enforcement personnel may, at
their own option, undertake employ-
ment for the same employer on an oc-
casional or sporadic and part-time
basis in a different capacity from their
regular employment. (See ~ 553.30.)
The performance of such work does
not affect the application of the sec-
tion 13(b)(20) or 7(k) exemptions with
respect to the regular employment. In
addition, the hours of work In the dif-
ferent capacity need not be counted as
hours worked for overtime purposes
on the regular job, nor are such hours
counted in determining the 20 percent
~553.212(b )
tolerance for nonexempt work dis-
cussed in paragraph (a) of this section.
/? 553.213 Public agency employees en-
gaged in both fire protection and law
enforcement activities. '
(a) Some public agencies have em-
ployees (often called "public safety of-
ficers") who engage in both fire pro-
tection and law enforcement activities,
depending on the agency needs at the
time. This dual assignment would not
defeat either the section 13(b)(20) or
7(k) exemption, provided that each of
the activities performed meets the ap-
propriate tests set forth in H 553.210
and 553.211. This is so regardless of
how the employee's time is divided be-
tween the two activities. However, all
time spent in nonexempt activities by
public safety officers within the work
period, whether performed in connec-
tion with fire protection or law en-
forcement functions, or with neither,
must be combined for purposes of the
20 percent limitation on nonexempt
work discussed in ~ 553.212.
(b) As specified in ~ 553.230, the
maximum hours standards under sec-
tion 7(k) are different for employees
engaged in fire protection and for em-
ployees engaged in law enforcement.
For those employees who perform
both fire protection and law enforce-
ment activities, the applicable stand-
ard is the one which applies to the ac-
tivity in which the employee spends
the majority of work time during the
work period.
11553.214 Trainees.
The attendance at a bona fide fire or
police academy or other training facili-
ty, when required by the employing
agency, constitutes engagement in ac-
tivities under section 7(k) only when
the employee meets all the applicable
tests described in ~ 553.210 or A 553.211
(except for the power of arrest for law
enforcement personnel), as the case
may be. If the applicable tests are met,
then basic training or advanced train-
ing is considered incidental to, and
part of, the employee's fire protection
or law enforcement activities.
11553.215 Amhulance and rescue service
employees.
(a) Ambulance and rescue service
employees of a pUblic agency other
than a f,ire protection or law enforce-
ment agency may be treated as em-
ployees engaged in fire protection or
law enforcement activities of the type
contemplated by sections 7(k) and
13(b)(20) if their services are substan-
tially related to firefighting or law en-
forcement activities in that (1) the am-
bulance and rescue service employees
have received training in the rescue of
fire, crime, and accident victims or
firefighters or law enforcement per-
sonnel injured in the performance of
their respective, duties, and (2) the
ambulance and rescue service employ-
ees are regularly dispatched to fires,
crime scenes, riots, natural disasters
and accidents. As provided in
~ 553.213(b), where employees perform
both fire protection and law enforce-
ment activities, the applicable stand-
ard is the one which applies to the ac-
tivity in which the employee spends
the majority of work time during the
work period.
(b) Ambulance and rescue service
employees of public agencies subject
to the Act prior to the 1974 Amend-
ments do not come within the section
7(k) or section 13(b)(20) exemptions,
since it was not the purpose of those
Amendments to deny the Act's protec-
tion of previously covered and nonex-
empt employees. This would include,
for example, employees of pUblic agen-
cies engaged in the operation of a hos-
pital or an institution primarily en-
gaged in the care of the sick. the aged.
the mentally ill or defective who
reside on the premises of such institu-
tions.
<c) Ambulance and rescue service
employees of private organizations do
not come within the section 7(k) or
section 13(b)(20) exemptions even if
their activities are subste.ntially relat.
ed to the fire protection and law en-
forcement activities performed by a
public agency or their employer Is
under contract with a public agency to
provide such services.
g 553.216 Other exemptions.
Although the 1974 Amendments to
the Fl.SA provided special exemptions
for employees of public agencies en-
gaged in fire protection and law en-
forcement activities, such workers may
also be subject to other exemptions In
the Act, and public agencies may claim
such other appllcable exemptions in
lieu of sections 13<b)<20) and 7<k). For
example, section 13(a)(1) provides a
complete mlnlmum wage and overtime
pay exemption for any employee em-
ployed in a bonl;\. fide executive, ad-
ministrative, or professional capacity.
as those terms are defined and delimit-
ed In 29 CFR part 541. The section
13(a)(1) exemption c8.I'\ be claimed for
any fire protection or law enforcement
employee who meets all of the tests
specified In part 541 relating to duties,
responsibilities, and salary. Thus, high
ranking police officials who are en-
gaged in law enforcement activities,
may also, depending on the facts, Qual-
Ify for the section 13<a)(1) exemption
as "executive" employees. Similarly,
certain criminal Investigative agents
may Qualify as "administrative" em-
ployees under section 13(a)(l). Howev-
er, the election to take the section
13(a)(1) exemption for an employee
who qualifies for It will not result in
excluding that employee from the
count that must be made to determine
the application of the section 13(b)(20)
exemption to the agency's other em-
ployees.
TOUR OF DUTY AND COMPENSABLE
HOURS OF WORK RULES
@553.220 "Tour of duty" defined.
(a) The term "tour of duty" Is a
unique concept appllcable only to em-
10
ployees for whom the section 7(k) ex-
emption Is claimed. This term, ;;5 u:;,:;d
in section 7(k). means the p'C;j()d of
time during which an employee is con-
sidered to be on duty for pur;:csps of
determining compensable hOCH:,. It
may be a scheduled or un.<;chedu:ed
period. Such periods include "Silifts"
assigned to employees often days 1::1
advance of the performance of tl:3
work. Scheduled periods also include
time spent in work outside the "shift"
which the pubUc agency employer a.s-
signs. For example. a police offl~er
may be assigned to crowd cont!'ol
during a parade or other speCial eve:1t
outside of his or her shift.
<b) Unscheduled periods i:~'..:J1Jde
time spent in court by police officers,
time spent handling emergency :;it',.,2.-
tlons, and time spent working l1~ter a
shift to complete an assignment. Such
time must be included in the compen-
sable tour of duty even though the
specific work performed may not have
been assigned in advance.
(c) The tour of duty does not include
time spent w,orking for a separate p.nd
independent employer in certain typ'.;s
of special details as provided in
~ 553.227. The tour of duty does not
include time spent worklng on an OCC8.-
slonal or sporadic and part-time basis
in a different capacity from the regu-
lar work as provided in ~ 553.30. The
tour of duty does not include time
spent substituting for other employees
by mutual agreement as specified In
~ 553.31.
(d) The tour of duty does not in-
clude time spent in volunteer fire fight-
ing or law enforcement activities per.
formed for a different jurisdiction,
even where such activities take plRce
under the terms of a mutual aid agree-
ment in the jurisdiction in which the
employee is employed. (See ~ 553.105.)
@ 553.221 Compensable hours of work.
(a) The general rules on compensa-
ble hours of work are set forth In 29
CFR part 785 which Is appllcable to
employees for whom the section 7(k)
exemption is claimed. Special rules for
sleep time (~553.222) apply to both
law enforcement and flrefighting em-
ployees for whom the section 7(k) ex-
emption is claimed. Also, special rules
for meal time apply in the case of fire-
fighters (~ 553.223). Part 785 does not
discuss the special provisions that
apply to State and local government
workers with respect to the treatment
of sllbstitution, special details for a
separate and independent employer,
early relief, and work performed on an
occasional or sporadic and part-time
basis, all of which are covered in this
subpart.
(b) Compensable hours of work gen-
erally include all of the time during
which an employee is on duty on the
employer's premises or at a prescribed
workplace, as well as all other time
during which the employee is suffered
or permitted to work for the employer.
Such time includes all pre-shift and
post-shift activities which are an inte-
gral part of the employee's principal
~553.221
activity or which are closely related to
the performance of the principal activ-
ity, such as attending roll call, writing
up and completing tickets or reports,
and washing and re-racking fire hoses.
(c) Time spent away from the em-
ployer's premises under conditions
that are so circumscribed that they re-
strict the employee from effectively
using the time for personal pursuits
also constitutes compensable hours of
work. For example, where a police sta-
tion must be evacuated because of an
electrical failure and the employees
are expected to remain in the vicinity
and return to work after the emergen-
cy has passed, the entire time spent
away from the premises is compensa-
ble. The employees in this example
cannot use the time for their personal
pursuits.
(d) An employee who is not required
to remain on the employer'S pre,mises
but is merely required to leave word at
home or with company officials where
he or she may be reached is not work-
ing while on call. Time spent at home
on call mayor may not be compensa-
ble depending on whether the restric-
tions placed on the employee preclude
using the time for personal pursuits.
Where, for example, a firefighter has
returned home after the shift, with
the understanding that he or she is ex-
pected to return to work in the event
of an emergency in the night, such
time spent at home is normally not
compensable. On the other hand,
where the conditions placed on the
employee'S activities are so restrictive
that the employee cannot use the time
effectively for personal pursuits, such
time spent on call is compensable.
(e) Normal hOffif to work travel is
not compensable, even where the em-
ployee is expected to report to work at
a location away from the location of
t.he'employer's premises.
([) A police officer. who has complet-
ed his or her tour of duty and who is
given a patrol car to drive home and
use on personal business, is not work-
ing during the travel time even where
the radio must be left on so that the
officer can respond to emergency calls.
Of course, the time spent in respond-
ing to such calls is compensable.
(g) The fact that employees cannot
return home after work does not nec-
essarily mean that they continue on
duty after their shift. For example,
firefighters working on a forest fire
may be transported to a camp after
their shift in order to rest and eat a
meal. As a practical matter, the fire-
fighters may be precluded from going
to their homes because of the distance
of the fire from their residences.
[52 FR 2032. Jan. 16. 1987; 52 FR 2648. Jan.
23. 1987]
!l 553.222 Sl~p time.
(a) Where a pUblic employer elects
to pay overtime compensation to fire-
fighters and/or law enforcement per-
sonnel in accordance with section
7(a)(l) of the Act, the public agency
may exclude sleep time from hours
worked if all the conditions In ~ 785.22
of this title are met.
(b) Where the employer has elected
to use the section 7(k) exemption,
sleep time cannot be excluded from
the compensable hours of work where
(1) The employee is on a tour of
duty of less than 24 hours, which is
the general rule applicable to all em-
ployees under ~ 785.21, and
(2) Where the employee is on a tour
of duty of exactly 24 hours, which is a
departure from the general rules In
part 785.
(c) Sleep time can be excluded from
compensable hours of work, however,
in the case of police officers or fire-
fighters who are on a tour of duty of
more than 24 hours, but only if there
is an expressed or implied agreement
between the employer and the em-
ployees to exclude such time. In the
absence of such an agreement, the
sleep time is compensable. In no event
shall the time excluded as sleep time
exceed 8 hours in a 24-hour period. If
the sleep time is interrupted by a call
to duty, the interruption must be
counted as hours worked. If the sleep
period is interrupted to such an extent
that the employee cannot get a rea-
sonable night's sleep (which, for en-
forcement purposes means at least 5
hours), the entire time must be count-
ed as hours of work.
!l 553.223 MeRI time.
(a) If a public agency elects to pay
overtime compensation to firefighters
and law enforcement personnel in ac-
cordance with section 7(a)( 1) of the
Act, the public agency may exclude
meal time from hours worked if all the
tests in ~ 785.19 of this title are met.
(b) If a public agency elects to use
the section 7(k) exemption, the public
agency may, in the case of law en-
forcement personnel, exclude meal
time from hours worked on tours of
duty of 24 hours or less, provided that
the employee is completely relieved
from duty during the meal period, and
all the other tests in ~ 785.19 of this
title are met. On the other hand,
where law enforcement personnel are
required to remain on call in barracks
or similar Quarters, or are engaged in
extended survelllance activities (e.g.,
"stakeouts"), they are not considered
to be completely relieved from duty,
and any such meal periods would be
compensable.
(c) With respect to firefighters em-
ployed under sectlon 7(k), who are
confined to a duty station, the legisla-
tlve history of the Act indicates Con-
gressional Intent to mandate a depar-
ture from the usual FLSA "hours of
work" rules and adoption of an over-
time standard keyed to the unique
concept of "tour of duty" under which
firefighters are employed. Where the
public agency elects to use the section
7(k) exemption for firefighters, meal
time cannot be excluded from the
compensable hours of work where (1)
the firefighter is on a tour of duty of
less than 24 hours, and (2) where the
firefighter is on a tour of duty of ex-
11
actly 24 hours, which Is a departure
from the general rules in ~ 785.22 of
this title.
(d) In the case of police officers or
firefighters who are on a tour of duty
of more than 24 hours, meal time may
be excluded from compensable hours
of work provided that the tests in
H 785.19 and 785.22 of this title are
met.
!/553.224 "Work period" defined.
(a) As used in section 7(k), the term
"work period" refers to any estab-
lished and regUlarly recurring period
of work which, under the terms of the
Act and legislative history, cannot be
less than 7 consecutive days nor more
than 28 consecutive days. Except for
this limitation, the work period can be
of any length, and it need not coincide
with the duty cycle or pay period or
with a particular day of the weet 0,
hour of the day. Once the beginning
and ending time of an employee'S
work period is established, however. It
remains fixed regardless of how many
hours are worked within the period.
The beginning and ending of the >\'ork
period may be changed, provided that
the change is Intended to be perma-
nent and is not designed to evade the
overtime compensation requirements
of the Act.
(b) An employer may have one work
period applicable to all employees, or
different work periods for different
employees or groups of employees.
!l 553.225 Early relief.
It is a common practice among em-
ployees engaged in fire protection ac-
tivities to relieve employees on the
previous shift prior to the scheduled
starting time. Such early relief time
may occur pursuant to employee
agreement, either expressed or im-
plied. This practice will not have the
effect of increasing the number of
compensable hours of work for em-
ployees employed under section 7(k)
where it is voluntary on the part of
the employees and does not result,
over a period of time, in their failure
to receive proper compensation for all
hours actually worked. On the other
hand, if the practice is required by the
employer, the time involved must be
added to the employee'S tour of duty
and treated as compensable hours of
work.
!/ 553.226 Training time.
(a) The general rules for determin-
ing the compensability of trainin~
time under the FLSA are set forth in
~ ~ 785.27 through 785.32 of this title.
(b) While time spent in attending
training required by an employer is
normally considered compensable
hours of work, following are situations
I where time spent by employees of
State and local governments in re-
Quired training is considered to be
noncompensable:
(1) Attendance outside of regular
working hours at specialized or follow-
up training, which is required by law
for certification of public and private
~553.226(b)(1 )
sector employees within a particular
governmental jurisdiction (e.g., certifi-
cation of public and private emergency
rescue workers), does not constitute
compensable hours Of work for public
employees within that jurisdiction and
subordinate jurisdictions.
(2) Attendance outside of regular
working hours at specialized or follow-
up training, which is required for cer-
tification of employees of a govern-
mental jurisdiction by law of a higher
level of government (e.g., where a
State or county law imposes a training
obligation on city employees), does not
constitute compensable hours of work.
(3) Time spent in the training de-
scribed in paragraphs (b) (1) or (2) of
this section is not compensable, even if
all or part of the costs of the training
Is borne by the employer.
(c) Police officers or firefighters,
who are in attendance at a police or
fire academy or other training facility,
are not considered to be on duty
during those times when they are not
in class or at a training session. if they
are free to use such time for personal
pursuits. Such free time is not com-
pensable.
!? 553.227 Outside employment.
(a) Section 7(p)(l) makes special pro-
vision for fire protection and law en-
forcement employees of public agen-
cies who, at their own option, perform
special duty work in fire protection,
law enforcement or related activities
for a separate and independent em-
ployer (public or private) during their
off-duty hours. The hours of work for
the separate and independent employ-
er are not combined with the hours
worked for the primary public agency
employer for purposes of overtime
compensation.
(b) Section 7(p)(1) applies to such
outside employment provided (1) The
special detail work is performed solely
at the employee's option, and (2) the
two employers are in fact separate and
independent.
(c) Whether two emp1t'yers are, in
fact, separate and independent can
only be determined on a case-by-case
basis.
(d) The primary employer may fa-
cilitate the employment or affect the
conditions of employment of such em-
ployees. For example, a police depart-
ment may maintain a roster of officers
who wish to perform such work. The
department may also select the offi-
cers for special details from a list of
those wishing to participate, negotiate
their pay, and retain a fee for adminis-
trative expenses. The department may
require that the separate and inde-
pendent employer pay the fee for such
services directly to the department,
and establish procedures for the offi-
cers to receive their pay for the special
details through the agency's payroll
system. Finally. the department may
require that the officers observe their
normal standards of conduct during
such details and take disciplinary
action against those who fail to do so.
(e) Section 7(p)(1) applies to special
aetails even where a State law or local
ordinance requires that such work be
performed and that only law enforce-
ment or fire protection employees of a
public agency in the same jurisdiction
perform the work. For example. a city
ordinance may require the presence of
city police officers at a convention
center during concerts or sports
events. If the officers perform such
work at their own option. the hours of
work need not be combined with the
hours of work for their primary em-
ployer in computing overtime compen-
sation.
(!) The principles in paragraphs (d)
and (e) of this secUon with respect to
special details of public agency fire
protection and law enforcement em-
ployees under section 7(p)(l) are ex-
ceptions to the usual rules on joint
employment set forth In part 791 of
this title.
(g) Where an employee is directed
by the public agency to perform work
for a second employer. section 7(p)( 1)
does not apply. Thus, assignments of
police officers outside of their normal
work hours to perform crowd control
at a parade, where the assignments
are not solely at the option of the offi-
cers. would not qualify as special de-
tails subject to this exception. This
would be true ev~n if the parade orga-
nizers reimburse the public agency for
providing such services.
(h) Section 7(p)(1) does not prevent
a public agency from prohibiting or reo
stricting outside employment by its
employees.
OVERTIME COMPENSATION RULES
II 553.230 Maximum hours standards for
work periods of 7 to 28 days-section
7(k).
(a) For those employees engaged in
fire protection activities who have a
work period of at least 7 but less th::.n
28 consecutive days, no overtime com-
pensation is required under section
7(k) until the number of hours worked
exceeds the number of hours which
bears the same relationship to 212 as
the number of days in the work period
bears to 28.
(b) For those employees engaged in
law enforcement activities <Including
security personnel in correctional in-
stitutions) who have a work period of
at least 7 but less than 28 consecutive
days, no overtime compensation is re-
quired under section 7(k) until the
number of hours worked exceeds the
number of hours which bears the same
relationship to 171 as the number of
days in the work periOd bears to 28.
(c) The ratio of 212 hours to 28 days
for employees engaged In fire protec-
tion activities is 7.57 hours per day
(rounded) and the ratio of 171 hours
to 28 days for employees engaged in
law enforcement activities is 6.11
hours per day (rounded), Accordingly.
overtime compensation (in premium
payor compensatory time) is required
for all hours worked in excess of the
following maximum hours standards
(rounded to the nearest whole hour):
12
Maximum hours s\Z.ncar-~'S
Wor\< period (days)
Fire I
protection ,
L!!V'I
en~or:~""
rT'I4:tnt
2B.....................................................
27.....................................................
26.....................................................
25.....................................................
24.....................................................
23.....................................................
22.....................................................
21.. .................................................
20.....................................................
19.....................................................
lB.....................................................
17.....................................................
16.................. .
15............... ....................................
14.....................................................
13.....................................................
12.....................................................
".............. .....................................
10.....................................................
9.......................................................
8..................
7................ ........................
212 ), '
204 1?:-.,)
197 ISg
189 E3
182 ."
lH! ..,
1671 134
159 I 12B
151 122
144 i 11'3
1361 110
129 104
121 i 83
114 : 92
1;)6 i 3B
~ I ~~
B3 , 67
76! 61
661 55
61 I 49
53 43
1_.___
1l553.231 Compensatory time off.
(a) Law enforcement and fire pf:)tec-
tlon employees who are SUbject to the
section 7(k) exemption may receive
compensatory time off in lieu of o'/pr.
time pay for hours worked in excl's:; 0:
the maximum for their work perle,j l:S
set forth in ~ 653.230. The rules fer
compensatory time off are set forth in
~ ~ 553.20 through 553.28 of this part.
(b) Section 7(k) permits public 8.~l'n-
cles to balance the hours of work over
an entire work period for law enforce-
ment and fire protection employees.
For example, if a firefighter's work
period is 28 consecutive days, and he
or she works 80 hours in each of the
first two weeks. but only 52 hours In
the third week, and does not work in
the fourth week. no overtime compen-
sation (in cash wages or compensatory
time) would be required since the total
hours worked do not exceed 212 for
the work period. If the same firefight-
er had a work period of only 14 days,
overtime compensation or compensa-
tory time off would be due for 54
hours (160 minus 106 hours) in the
first 14 day work period.
II 553.232 Overtime pay requiremcnt~.
If a pubUc agency pays employees
subject to sectlon 7(k) for overtime
hours worked in cash wage" rather
than compensatory time off, such
wages must be paid at one and one-
half times the employees' regUlar
rates of pay. In addition, employees
who have accrued the maximum 480
hours of compensatory time must be
paid cash wages of time and one-half
their regular rates of pay for overtime
hours in excess of the maximum for
the work period set forth in ~ 553.230.
II 553.233 "Regular rate" defined.
The rules for computing an employ-
ee's "regular rate", for purposes of the
Act's overtime pay requirements, are
set forth in part 778 of this title.
These rules are applicable to employ-
ees for whom the section 7(k) exemp-
tion is claimed when overtime com per:.-
sation is provided in cash wages. How-
ever, wherever the word "workweek"
is used in part 778, the words "work
period" should be substituted.
. T~y+_,.
'~.'.'. r!'~:. !..~.~~,n/L~~.' n.iIi9~~nde Associates, Inc.
'! /, ;-;,;"'.h-j \ /, /," ~ / j"
I '\~.,.:\~lj(=:~~{~~l: / /// ~i
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\~-+--r" ;~ljruary 12,2001
'" '. '"./ \ \,
',~~~1 ""~
,-"f:,~,');;::t--_.:/ Mr. J~~s M~
"",F~ \ _/
~~~~:rJf)j ~~:~ ~d~!::~~:
~ 0 Main Street
. \:=~~.;ille, MN 55038
Dear Mr. March:
F'ti.9 /t n
.Ri
./ n 11/11
~ - J 1
I enjoyed our conversation regarding the development opportunities and pressures facing
Centerville. Like many communities, Centerville seeks to balance growth with the social and
environmental qualities its citizens have valued over many years.
We have helped other communities tackle these problems with a process that involves community
workshops, open houses, and focus groups that bring clarity to the issues and build consensus
around an approach. Experience has shown us that planning and community design succeeds
when broad-based community leadership and thoughtful political will support it. We view our
role as two-fold: creating a plan with a vision rooted in local values and engaging in a process
that builds network of citizens to carry out that plan.
At a minimum, issues of economics, land use, transportation, built form, and open space need to
be addressed in the planning process. We assemble a team with expertise in these areas, as
needed, for a given project. As I mentioned to you, we frequently work with Close Landscape
Architecture on community planning projects and have included examples of their work and of
our own projects for your review.
Thank you for calling last week. We are very interested in the possibility of working with you to
develop a framework based on your community's values to guide development in Centerville. As
a next step, we suggest getting together with you to discuss the issues facing Centerville and to
begin to draft a work program.
Please call Scott Wende or me if you have need additional information or to set up a meeting. We
look forward to learning more about Centerville from you.
Sincerely,
275 East Fourth Street, Suite 620
Saint Paul, Minnesota 55101
ssociates, Inc.
Voice: 651.221.0915
Fax: 651.222.6259
Email: hlwai@visi.com
Joe Selvaggio Initiative
Minneapolis, Minnesota
The Joseph Selvaggio Initiative is a cooperative effort of the
Phillips Partnership Initiative, Allina Foundation, Abbott
Northwestern Hospital and Project for Pride in Living. This
project is designed to improve existing housing within an
eight block area of the Phillips neighborhood in south
Minneapolis. The project area is located between Portland
and Chicago Avenues and between 26th and 28th Streets.
The JSI is a low income tax credit project that includes build-
ing acquisition and redevelopment of multi-family properties
for quality low income rental opportunities. Overall, 11
multi-family buildings will be acquired, of which 3 will be
demolished. The project includes rehabilitation at various
levels from major restructure of existing space to interior and
exterior upgrading and finishing and one new construction
building that will contain 6 two bedroom units.
Elliot Park Housing Competition
Minneapolis, Minnesota
In our approach taken, on this desolate piece of land in the
heart of Elliot Park, we defined five organizing principles:
· strengthen the street edge and public realm;
. create a hierarchy of open spaces; develop
opportunities for a variety of ownership;
· offer a mix of housing types;
· respect existing neighborhood density; and
. maximize views to downtown.
Because Elliot Park is primarily a residential neighborhood,
we set a priority on residential redevelopment with some
street-level, neighborhood-oriented commercial space that
reinforces the existing retail opportunities kitty-corner from
the site along 10th street and Chicago Avenue. The project
was an opportunity to reintroduce people and pedestrians to
the street.
Chicago, Portland and Park avenues are the major com-
muter streets through the site, and thus the corners more
appropriate for commercial functions. Similarly, 14th and
15th streets are residential streets and thus should support
more housing activity. We designed a series of low-rise,
3- to 4-storied structures that maintain the neighborhood's
low-rise scale and sense of community.
5
Phillips Park Initiative
Minneapolis, Minnesota
Located in the Phillips neighborhood of south Minneapolis,
this project will bring new affordable and market-rate housing
to this inner-city community. The site comprises a four block
area between Portland and Chicago Avenues and 24th and
25th Streets. The plan calls for the development of two
"urban villages" that reinforce and link to the surrounding
neighborhood fabric.
The project, funded under the Metro Livable Communities
Act, is a unique collaboration between the neighborhood
group and local institutions such as Phillips Eye Institute and
Lutheran Social Service. Close Landscape Architecture devel-
oped the overall site plan concept and has also created
guidelines for public realm improvements.
Bloomington-Cedar-Lake Study
Minneapolis, Minnesota
Th~ purpose of the project is to foster the economic revital-
ization of Minneapolis commercial areas by effectively inte-
grating strategic and business planning. Work was com-
pleted in close association with the Bloomington-Lake
Commercial Club and the Lake Street Council.
Phase One produced guidelines and criteria for area revi-
talization. Phase Two developed a feasible strategy to
implement the guidelines and criteria. Recommendations
are made for a conceptual commercial improvement plan
and implementation steps, strategies and potential projects
are outlined to assist the business association in future deci-
sion-making. The work included a safety/security assess-
ment with a commercial area lighting plan, traffic study and
commercial area parking plan, outlining improvements to
the public realm and working with individual business and
property owners.
Out of this project, the Mercado Central, a cooperative
made up of over forty Latino merchants in the renovated
retail center at the intersection of Bloomington and Lake,
was created. We worked with the Mercado, Whittier
Community Development Corporation, and Project for Pride
in Living to renovate three buildings totaling 28,000 square
feet into retail, food court, and office space. In addition to
serving the needs of the merchants, the Mercado is an
anchor at this key Lake Street intersection.
6
Side-by-side townhouse
Guideljnes
Parks and Open Space
Guidelines
Penn-Lowry Corridors Study
Minneapolis, Minnesota
Scott Wende Architects led the architecture and urban design
efforts in examining revitalization issues for the Penn and
Lowry Avenue corridors in north Minneapolis. Work was
completed in close association with the Cleveland, Victory,
Folwell, McKinley, Jordan and Hawthorne neighborhoods, as
well as the Penn-Lowry Business Association
Recommendations included concentration of commercial
activities in the major nodes, development of neighborhood
centers, reclamation of former wetlands, and greenway
connections to the Mississippi River.
Lake Street Corridor Study
Minneapolis, Minnesota
Scott Wende Architects was part of larger multi-disiplinary
team which examined revitalization issues for Lake Street
between 35W and Hiawatha Avenue. Work was completed
in close association with the Corcoran, Powderhorn, Phillips
and Central Neighborhoods.
Recommendations included concentration of commercial
activities in the major nodes, higher density mixed-use
between each of the nodes, with transit and open space
improvements throughout the corridor.
Mississippi Corridor Neighborhood Coalition
Minneapolis, Minnesota
Working closely with the Mississippi Corridor Neighborhood
Coalition and Bottineau Citizens in Action, this Project is a
comprehensive approach examing the areas of neighborhood
revitalization, economic development, land use, urban
design, transportation and parks and open space from a
neighborhood-based perspective.
Recommendations are made for a conceptual corridor plan
and implementation steps, strategies and potential projects
are outlined to assist the neighborhoods at an individual and
collective approach for making use of their River.
The project area is the Mississippi River corridor and the
adjacent neighborhoods in North and Northeast
Minneapolis from Hennepin Avenue and Nicollet Island to
the north City limits.
7
Chicago-Lake Urban Design Study
Minneapolis, Minnesota
The Chicago-Lake Urban Design Project is a comprehensive
approach examining the areas of neighborhood revitaliza-
tion, economic development, land use, urban design, trans-
portation and parks and open space from a neighborhood
based perspective. Work was completed in close association
with the Chicago-Lake Business Association and the Lake
Street Council.
In developing the conceptual plan for the commercial area,
existing conditions, issues, opportunities and constraints
were inventoried and studied. Goals and objectives to
guide the future decision-making of the area were formulat-
ed through numerous public meetings with area businesses.
Recommendations are made for a conceptual commercial
improvement plan and implementation steps, strategies and
potential projects are outlined to assist the business associa-
tion in future decision-making.
......................................-........................................................................................................................,......................................................................u..
Bottineau Comprehensive Plan
Minneapolis, Minnesota
The Bottineau Comprehensive Plan was the first step in
providing a re-direction for this inner-city neighborhood,
located on the east bank of the Mississippi River. Work
was completed in close association with Bottineau
Citizens in Action and area residents.
The major task was to develop a neighborhood-based
plan which cOuld integrate vacant and underutilized
industrial lands into a comprehensive residential vision
for the future. Under-utilized rail corridors become the
spine for a new open space system. A greenway pro-
vides a connection between Bottineau and Gluek
Riverside Parks, with new housing and small commer-
cial space developed on the vacant industrial lands.
8
Lake Street Midtown Greenway
Minneapolis, Minnesota
The Framework Plan was prepared for an audience of both
public and private sector groups and individuals. It is already
being used as an 'implementation tool' to heighten discus-
sion and strengthen the resolve of corridor stakeholders,
working together to create a unique, memorable, safe and
sustainable model from which to build a stable, mixed income
community that works for everyone for decades to come.
The purpose of the Framework Plan was to bring forward an
exciting and engaging vision resulting from the broad-based
commitment of the many stakeholders in this corridor and to
identify the specific steps needed to realize the vision.
Working closely with neighborhood organizations and pub-
lic agencies, the Framework Plan seeks to balance policy
issues with an increased demand to get things done - to
implement real projects with tangible results for local resi-
denb and
businesses. This Framework Plan represents a three-year
process of neighborhood workshops and public open house
events conducted to organize and encourage the communi-
ty and political will needed to define priorities, facilitate
detailed planning and design recommendations and secure
the resources to move projects forward.
Urban Village
Minneapolis, Minnesota
The "Urban Village" is a proposed housing development on
the north rim of the new Midtown Greenway, which links the
lake district to the Mississippi River through south
Minneapolis. Included in the initiative are a renovated
warehouse and new infill housing for a range of income
groups. Three teams of architects and developers are work-
ing in tandem to develop this innovative project.
As the urban design firm for the Midtown Greenway and
Lake Street Corridor Framework Plan, Close Landscape
Architecture developed the design concept and guidelines
for the public/private interface between the Urban Village
and the Midtown Greenway. Included in the public realm is
a high quality "promenade" along the Greenway rim, with
gracious "landscape galleries" at the top of the ramped
access paths connecting to the trail below. Lighting, furnish-
ings, landscaping, special paving, walls and ornamental iron
fencing will all contribute to this urban civic space.
9
Excelsior Boulevard Corridor Study,
Minneapolis, Minnesota
Following participation in an intensive design "charrette,"
Close landscape Architecture was retained to develop a
plan and "implementation workbook" for Excelsior
Boulevard as it passes through the West Calhoun neighborhood.
Attention focused on the interface of the public realm with a
major new commercial redevelopment site and established
surrounding neighborhoods. Recommendations were
developed for the creation of key linkages to civic and
recreational spaces in and near the community.
Design concepts centered on enhancing the overall quality
of the neighborhood, including strengthening connections to
the Minneapolis park system and lake Calhoun and improving
the character of the public realm. Strategies were explored
to upgrade the quality and safety of the sidewalk and to
calm traffic through this neighborhood "main street." The
goal of making the street livelier and more "urban" - rather
than developing a suburban, car-focused environment - was
deemed essential to making the area more pedestrian-
friendly and, ultimately, more livable.
Shepard-Davern Small Area Plan and Gateway
Saint Paul, Minnesota
Close Landscape Architecture teamed with A-Studio to
develop an urban design framework and "city gateway" plan
for the Shepard-Davern neighborhood, located directly
across the Mississippi River from Fort Snelling in Saint Paul's
west end district. The project included recommendations for
new land use, re-structuring existing roads and the development
of new ones, enhancing bridges with stone veneer, lighting
and ornamental iron railings, and installing a new city entry
sign, lighting and extensive landscaping.
Our work focused on the development of the public realm -
streets, sidewalks, parks and open space - from Fort Snelling
on the west to 1-35E on the east end of the study area.
Guidelines were developed for the freeway section of West
Seventh Street (Fort Road) as well as the more urban
commercial, residential and mixed-use areas.
Recommendations were developed to establish and improve
connections between the Highland Park neighborhood
above and the Mississippi River below this unique terraced
neighborhood in the city.
10
_.....-
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Joseph Selvaggio Initiative Public Realm
Improvements, Minneapolis, Minnesota
The Joseph Selvaggio Initiative is an urban revitalization pro-
ject involving an eight block area in the Phillips
Neighborhood. The purpose of the initiative is to improve
the quality of life for both the residents of the area, and the
employees and visitors of area businesses.
Working closely with a neighborhood advisory committee,
Close Landscape Architecture completed a master plan of
the area and developed a palette of public realm elements
to be installed throughout the 8 block area. These elements
included stone walls, traffic calming bump outs, fencing,
planting and more. a central spine converted 27th Avenue
into a "green street" that will link the front doors of two
major institutions in the area and provide a park-like street
in this densely urban neighborhood.
Franklin Avenue Redevelopment
Minneapolis, Minnesota
Our office was retained by Seward Redesign, the development
arm of the Seward Neighborhood Group, as a first step
toward their goal of "reclaiming" Franklin Avenue as a
community Main Street as it passes through Seward from
Cedar and Minnehaha Avenues on the west to the
Mississippi River on the east.
Our work focused on the western end of the thoroughfare,
studying the options for developing a "gateway" into the
community. The project also made specific recommendations
for improving the complicated intersection at Cedar and
Franklin through an aggressive planting and pavement
project, opportunities for traffic-calming, boulevard planting
and improved lighting along this mixed-use corridor.
11
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Scott Wende, AlA
Principal, Hokanson/Lunning Associates, Inc.
Education
Bachelor of Architecture, University of Minnesota
Registered Architect, Minnesota
Member, American Institute of Architects
Professional Experience
. Various Offices 1973- 1984
· Smiley Glotter Architects 1984-1986
· BRW, Inc. 1986-1990
· Private Practice 1990-present
Urban Design & Community Planning
Commercial area improvements for
Bloomington/Lake and 27th/Lake, Minneapolis
Lake Street at the Crossroads, Minneapolis
Chicago Ave./Lake St. Urban Design Project,
Minneapolis
Minneapolis/Mississippi Upper River Corridor Project
Chicago Avenue Corridor Project, Minneapolis
Bottineau Neighborhood Comprehensive Plan,
Minneapolis
· Frogtown Neighborhood Public Art Framework, St. Paul
. Comprehensive Plans for City's of Hibbing & Chisholm
Rice Street Planning, Urban Design, Streetscape and
Storefront Project, St. Paul
Corridor Analysis, Urban Design and Station Area
Planning:
Metropolitan Light Rail Transit, Hennepin,
Anoka and Ramsey Counties
Minneapolis Warehouse Project, Artist Living/Working
Space
General Experience
28 years of architectural and urban design service
A number of adaptive re-use projects for older
industrial buildings
Competition submittals for urban parks, housing and
a State office building
Various master planning projects
Several single-family and multi-family residential projects
Numerous commercial projects such as office
buildings and retail projects
. AlA/Minnesota Honor Award, 1995
Community Service
Governor's Design Team 1984 to 1991
Past Board Member and President, Standish Ericsson
Neighborhood Association
Past Chair, AlA Minnesota Urban Design Committee
28
Bob Lunning
Principal, Hokanson/Lunning Associates, Inc.
Education
· University of Iowa, Iowa City, B.G.S. 1972. Theatrical
design and political history.
· Boston Architectural Center, Boston, 1974-77.
Architectural studies.
· University of Minnesota, Minneapolis. M. Arch.
(thesis pending) 1977-82.
Professional Practice
· Miller Hanson Westerbeck Bell Architects.
Minneapolis. February, 1979-May, 1982. Project
architect for multi-family housing and mixed use
projects.
. Bastille-Neiley, Architects. Boston. September, 1974-
August, 1977. Draftsman/designer for historic
restorations, housing and commercial projects.
Teaching
· Minneapolis College of Art and Design, Associate
Professor. Teaching courses in environmental design
and design theory. 1981-1993.
. College of the Associated Arts, Visiting Lecturer.
1993, 1994.
. University of Minnesota, Design, Housing and
Apparel. Visiting Lecturer, 1994.
Community Service
. Saint Paul Planning Commission, Member. 1992-
1994
. Land Use Committee, Member; Urban Issues
Committee, Member; Mayors Forum Task Force,
Chair; Bremer/RanView Small Area Plan Task Force,
Co-chair; Department of Public Works/Historic
Preservation Commission Infrastructure Task Force,
Co-Chair Central River Valley Development Task
Force, Member. St. Paul Historic Preservation
Commission, Member, 1994-1997. Commission
Chair, 1996-97.
Recognition
· Architectural designs published in Progressive
Architecture, Architecture, Architectural Record, Inland
Architecture, Landscape Architecture and other joumals.
. Competition entries recognized in five local and
national design competitions. AlA/Minnesota Honor
Award 1992.
29
Bob Close
Principal, CLose Landscape Architecture
Registered Landscape Architect
· Bachelor of Landscape Architecture
University of Minnesota, 1976
. B.A. English/Studio Arts
University of Minnesota, 1969
Bob Close established his practice in 1 976. From the outset,
his work has focused on the creation of engaging,
sustainable and livable environments, whether in the public
domain ar for private clients. He has become increasingly
involved with community-based design - often in the inner
city - exploring the important relationships that have made
traditional urban neighborhoods so successful.
Bob's background as a landscape architect gives him a
unique perspective on the importance of creating integrated,
mixed-use communities, where people are able to live,
work and play. He brings to a project an understanding of
the delicate interplay between open space and the built
environment, and the importance of designing with
environmental considerations at the forefront.
Representative Proieds
· Saint Paul on the Mississippi Framework Plan, St Paul
. Grey Cloud Island Harbor Island Master Plan Study,
Cottage Grove
· Upper Landing Park on the Mississippi, St Paul
. Phillips-Park Initiative, design guidelines for a four
block inner-city redevelopment project, Mpls
. Park Commons and Wolfe Park Master Plan,
St. Louis Park
. Midtown Greenway, Urban Design Framework Plan, Mpls
Professional Experience
. 1988 - present, Principal Landscape Architect,
Owner & President Close Landscape Architecture
· 1977 - 1988, Owner and Principal Landscape
Architect Robert Close, Landscape Architect
Teaching Experience
. Adjunct Professor, Urban Design Studio
University of Minnesota, 1999
· Instructor, Environmental Design Studio
Minneapolis College of Art and Design, 1984 - 1986
· Instructor, Landscape Architecture Design Studio
University of Minnesota, 1977 - 1983
Professional Affiliations
· Minnesota Chapter of the American Society of
Landscape Architects (MASLA)
· Congress for the New Urbanism (CNU)
31
Bruce Jacobson
Associate, Close Landscape Architecture
Registered Landscape Architect
· Bachelor of Landscape Architecture, Iowa State
University, 1980
Bruce joined Close Landscape Architecture in 1995.
His experience in planning and urban design draws
from completed projects in a number of urban centers
across the country including the Twin Cities, Denver,
Phoenix, San Francisco and the Baltimore Washington
D.C. metro area.
Much of this work defined strategies for neighborhood
revitalization and economic development organized
around a public amenity to encourage private investment,
attract tourism dollars and support "round the clock" activ-
ity. Amenities included parks, trails and a variety of recre-
ational uses, ponds, streams and other natural systems
and urban waterfront/public gathering places.
Bruce brings valuable experience to community-based
planning and site design; his work with public participa-
tion has been key to the successful implementation of
each project.
Representative Proiects
· Jacobson Wallace Associates,lnc.
Carrol Creek Park, Fredrick, MD. Urban greenway
park and land use master plan Bentztown, Spring
Park. Connecting the 'centerpiece' city park with the
down town historic district.
. Close Landscape Architecture
St. Paul on the Mississippi Development Framework,
St. Paul, MN. Como Park Framework Plan, St. Paul,
MN. Midtown Greenway, Minneapolis, MN. Mississippi
River Regional Trails, St. Paul, MN
Professional Experience
· Co-Owner and Principal, Jacobson Wallace
Associates, Inc. Frederick, Md 1990 to 1995
· Director of Planning & Landscape Arch Department
AESI - Hagerstown, Maryland, 1988 to 1990
· Co-ordinator of Site Planning & Landscape Architecture
Dames and Moore - Denver Colorado 1985 to 1988
Teaching Experience
· Teaching Assistant, Graphic Studio Workshop
University of Maryland, Dept. of Landscape Arch.
· Instructor, Landscape Design Short Course
George Washington University
32
1
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PROPOSAL
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TABLE OF CONTENTS
Cover Letter
Tentative Scope of Work and Fee Estimate
Hourly Rates
Firm Background
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Resumes
Relevant Experience
Master Planning
Streetscape Projects
Colored Project Sheets
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The proposal includes information our firm, staff members, hourly rates, related experience, a description of the
tentative scope of work for your project and a fee estimate. The scope of work is intended to provide you with Vlh
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365 East Kellogg Boulevard
LANDSCAPE
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Saint Paul, Minnesota 55101
651-221-0401
PLANNERS
Fax: 651-297-6817
February 15, 2001
Mr. James March
City Administrator
City of Centerville
1880 Main St.
Centerville, MN 55038
FAX 651.429-8629
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Downtown Planning and Design Services for Centerville
We appreciate the opportunity to submit the attached proposal to provide planning and design services for the
City of CentervilIe. As we discussed earlier, services would include preparation of building and site design
guidelines for a 15 acre commercial property and the traditional downtown area and preparation of design
concepts for downtown streetscapes.
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TENTATIVE WORK SCOPE AND FEE ESTIMATE
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TASK DESCRIPTION ESTIMATED
FEE
L PROJECT START-UP $500.00
(includes one or two meetings with City staff and planning
committee)
a. Confirm project work program and scope of services.
b. Prepare a project schedule, refine fee proposal and consultant
contract.
c. Confirm project administration and communication
procedures.
d. IdentifY primary stakeholders and outline a public
participation process including
n INVENTORY AND ANALYSIS $1,500.00
(includes one meeting with City staff)
a. Gather information on the project area, including base maps,
plans and as-built conditions.
b. Prepare a base map(s) of the project area from information
furnished by the City.
c. Photograph key features of the project area.
d. Inventory and analyze existing conditions including but not
limited to land uses, traffic patterns, pedestrian circulation,
sidewalks, streets, utilities, drainage, architecture and other
visual features that may affect the proposed design
alternatives.
ID. ISSUES IDENTIFICATION AND GOALS AND $800.00
OBJECTIVES
(includes 2 meetings with stakeholder groups)
a. Conduct a visioning session that defines, early in the process,
the stakeholders vision for the future of Downtown
Centerville.
b. Identify key issues relating to the appearance, function and
image of the project area.
c. Review problems and opportunities posed by existing
conditions.
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d. Prepare a list of specific goals and objectives for downtown
improvements.
IV. CONCEPTUAL DESIGN AND CONSENSUS $9,200.00
BUILDING (Includes 4 meetings with stakeholder groups)
a. Prepare conceptual design alternatives that will explore a
range of public improvements for the project area including
but not limited to streets, sidewalks, plazas, lighting, street
furniture, sign age and parking.
b. Prepare alternative architectural design concepts that focus
on the development of an architectural theme for the project
area. The concepts may include treatment of existing
building facades and the exterior design of future buildings.
c. Prepare refined design concepts based on input from
stakeholders.
d. Prepare a cost estimate for proposed improvements as
required.
v. IMPLEMENTATION STRATEGY (includes one meeting $500.00
with City staff)
a. Prioritize public improvements proposed in the project area.
b. Prepare a phasing plan that groups proposed public
improvements into affordable packages.
c. IdentifY funding alternatives.
VI. MASTER PLAN AND DESIGN GUIDELINES (includes $7,800.00
one meeting with City staff)
a. Prepare a master plan report for public street and site
improvements including maps, drawings, photographs and
text to describe the approved design concepts.
b. Prepare design guidelines for future site and building
development in the project area including maps, drawings,
photographs and text to define approved guidelines.
TOTAL ESTIMATED FEE $20,300.00
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HOURLY RATES
Fees for work performed by Sanders Wacker Bergly, Inc., Landscape
Architects and Planners, will be based on the following standard
hourly rates:
Principal Landscape ArchitectIPlanner
Landscape ArchitectIPlanner 4
Landscape ArchitectIPlanner 3
Landscape ArchitectIPlanner 2
Landscape ArchitectIPlanner 1
Technician/Clerical
$ 85.00 per hour
$ 70.00 per hour
$ 65.00 per hour
$ 60.00 per hour
$ 55.00 per hour
$ 50.00 per hour
Direct expenses will be billed at cost.
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These rates will remain in effect through the completion of this
project.
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BACKGROUND
Sanders Wacker Bergly, Inc. is a professional firm offering high
quality services in landscape architecture and site planning, We
have established an outstanding record of service to our clients,
award winning design, technical competence and cost effective
solutions.
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Sanders Wacker Bergly, Inc, has an experienced and highly
qualified staff who are dedicated to serving the best interests of the
client with creativity and commitment.
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STAFF
Jim Harbaugh
Bryan Murphy
Peter McEnery
Michael E. Korby
Kathleen O'Neill
Dawn M. Nippoldt
William Sanders, President
Larry L. Wacker, Vice-Pres.
John O. Bergly, Vice-Pres. (Advisor)
David Wanberg
Greg Johnson
William Bleckwenn
Natural Resource Specialist/Landscape Architect
Landscape Architect
Landscape Architect in Training
Landscape Architect in Training
Project Manager
Planner
Office Manager
Landscape Architect
Landscape Architect
Planner
Planner/Landscape Architect
Landscape Architect
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SERVICES
LANDSCAPE ARCIllTECTURE
URBAN DESIGN AND PLANNING
SITE AND LAND PLANNING
COMPREHENSIVE PLANNING
DOWNTOWN REVITALIZATION/STREETS CAPE
PARK AND RECREATION PLANNING DESIGN
LAND RECLAMATIONIENVlRONMENT AL SERVICES
CEMETERY PLANNING
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APPROACH AND PHaOSOPHY
As Landscape Architects and Planners, Sanders Wacker Bergly,
Inc. are dedicated to the philosophy that man must live in harmony
with nature, that our outdoor environments are integral to our
quality of life and that we must utilize the land with sensitivity to
the needs of future generations.
Sanders Wacker Bergly, Inc. believe that close communication
between the client and design team is crucial to the success of a
project and that one of the firms principals should be in direct
charge of each project. The success and the reputation for quality
work that our firm has enjoyed is a result of an efficient and
dedicated team.
EQUIPMENT
IBM compatible computers with current versions of AutoCad
ArcView, ArcCad, Photoshop, WordPerfect, MSWord, Excel,
Powerpoint. Photo quality color printing/plotting capabilities.
Scanning equipment.
J
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LARRYL. WACKER
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VICE PRESIDENT - REGISTERED LANDSCAPE ARCillTECT
REGISTRA nON
Landscape Architect, Minnesota 1977
EDUCA nON
University of Minnesota - Bachelor of Landscape Architecture 1973
University of Minnesota Guest Lecturer and Critic
WORK
EXPERIENCE
1979 - Present Sanders Wacker Bergly, Inc.
Sanders and Associates, Inc.
Principal Landscape Architect responsible for all phase of project design
and management.
1973 - 1979 Department of Planning and Economic Development of the City of St.
Paul
Project Designer responsible for project design and construction, design
review and development coordination.
1972 - 1973 Housing and Redevelopment Authority of the City of S1. Paul
Project Designer responsible for project design and construction, urban
design and design review.
r7
PROJECT
EXPERIENCE
Mr. Wacker has 28 years of experience in urban planning and design. He has served as
project manager and/or project landscape architect on downtown, neighborhood
streets cape and park planning and development projects. Mr. Wacker has been
successful in building consensus in public participation processes and has worked with
government agencies and departments in setting policies and in resolving technical
design issues. Mr. Wacker is effective as a facilitator during the planning process and is
also skilled at preparation of cost estimates, feasibility reports, phasing studies and
construction documents.
Streets cape Desi1!:n and Construction: Grandview Streetscape Improvements (Edina),
66th Street Streets cape (Edina), Red Wing downtown improvements, Columbia Heights
streetscape and parking areas, Biwabik streets cape, Osseo streetscape.
Master Plannin1!:: Downtown CBD (Little Falls), 40th Street Greenway (Minneapolis),
Railroad Island Neighborhood (S1. Paul), Lake of the Isles (Minneapolis), Minnehaha
Park (Minneapolis), Colvill Park (Red Wing), Cretin Derham Hall High School (St.
Paul), Fergus Falls Community College (Fergus Falls), Levee Park (Red Wing), Cannon
Valley Trail (Goodhue County), Thurnbeck Park (Wyoming), Lake Byllesby Regional
Park (Dakota County), Spring Lake Regional Park (Dakota County), Byllesby County
Park (Goodhue County).
Parks and Plazas: Bloomington (5 parks), Hastings Riverfront development and
Oliver's Court, John Rich Park restoration (Red Wing), Biwabik Town Square and
Vermilion Trail Park, Seventh Place Mall (St. Paul), Lake Elmo Park Reserve and
Campground (Washington County), Spring Lake Park Reserve and Sacajawea Youth
Group Campground (Dakota County), Pioneer Park (Little Canada), Barrier Free Pottery
Pond (Red Wing).
ASSOCIATIONS
American Society of Landscape Architects
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DA VID J. WANBERG, AICP
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PLANNER, LANDSCAPE ARCHITECT, ARCHITECT
EDUCATION
Iowa State University, Ames, IA
- Masters in Landscape Architecture - 1992
- Masters in Community and Regional Planning - 1992
North Dakota State University, Fargo, ND
- Bachelors in Architecture -1984
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REGISTRATION AND
CERTIFICATION
Member of the American Institute of Certified Planners
Licensed Landscape Architect, States ofMN and WI
Licensed Architect, State of Minnesota
WORK EXPERIENCE
1996-Present Planner and Landscape Architect
Sanders Wacker Bergly, Inc.
1992-1996 . Assistant Professor - Department of Landscape
Architecture
Kansas State University - Manhattan, KS
1989-1996 Private Consultant in Architecture and Landscape
Design
1991-1992 GIS Information Systems Technician
Iowa State University GIS Research Facility -
Ames, IA
1991 Landscape Designer - National Parks Service,
Midwest Regional Office - Omaha, NE
1989-1991 Instructor/Teaching Assistant - Department of
Landscape Architecture, Iowa State University -
Ames, IA
1990 Project Architect - George Butler Associates -
Ames, IA
1987 -1989 Architect - Associate of HRMA Architects &
Planners - Mpls. MN
1984-1987 Intern Architect - Cheever & Asleson Architects,
Mankato, MN
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RECENT PLANNING
RELATED EXPERIENCE
Staff Planner for:
City of Mahtomedi
City of Forest Lake
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Project Planner for:
Comprehensive Plan Update for Benson, MN
Grey Cloud Island Township Comprehensive Plan Update
Grey Cloud Island Township Critical Area Plan Update
Park and Open Space System Plan for Hugo, MN
Business District Improvements for Center City, MN
Housing Inventory Study for South Saint Paul, MN
-
EDUCATION
EXPERIENCE
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PROFESSIONAL
REGISTRA TIONSI
AFFILIATIONS
TRANSIT PLANNINGI
SITE DESIGN
RECREA TIONI
PARK PLANNING
URBAN DESIGN
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SITEILANDSCAPE LANNING
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JAMES H HARBAUGH, ASLA
Registered Landscape Architect
Bachelor of Landscape Architecture, Iowa State University, 1995
Responsibilities include project planning, design development, presentation graphics,
construction documents, cost estimates and specification preparation.
Registered Landscape Architect, State of Minnesota (26732/1998)
Registered Landscape Architect, State of Iowa (366/1998)
American Society of Landscape Architects
National Soil and Water Conservation Society
Mr. Harbaugh has been involved in several aspects of the
Hiawatha Light Rail Transit Project including station site design, station landscape
design, and design guidelines for the Hiawatha LRT corridor. Other transit related
projects include alternative transportation studies for National Parks and federal
lands, and bus transit hubs planning for metro transit.
Park and recreation projects that Mr. Harbaugh has been involved
in include: West River Parkway along the Mississippi River,
Minneapolis, MN; Lake Harriet Parkway Rehabilitation, Minneapolis, MN; Lake
Calhoun Parkway Rehabilitation, Minneapolis, MN; Humboldt Avenue Greenway
Plan, an urban renewal and parks project, Minneapolis, MN; Portage Park Athletic
Fields, Cohasset, MN; Dubuque Riverwalk, Dubuque, lA; Mill Ruins Park, an
interpretive park and trail system, Minneapolis, MN; Arroyo Colorado Trail, a
bicycle and pedestrian trail system, Harlingen, TX.
Mr. Harbaugh has been involved in numerous urban design projects including:
Village on the Ponds, a New Urban PUD design in Chanhassen, MN; Bumsville
Parkway Streetscape Improvements, Burnsville, MN; Minnetonka Mills Townhomes,
market rate housing for the City of Minnetonka, Minnetonka, MN; Downtown
Streetscape Improvements, including lighting, paving and planting, for Perham, MN;
and Iowa City Streetscape, Iowa City, lA.
Mr. Harbaugh has been a team member on several Site/landscape planning projects.
Some of these projects include: Minnetonka Boatworks, a joint city park and private
development project; Wayzata, MN; Imation Corporate Campus, Oakdale, MN;
Minnesota Korean Veterans War Memorial, St. Paul, MN; Woodlane Office Center,
Woodbury, MN; Calhoun Commons commercial development, Minneapolis, MN;
U.S.-Canadian Border Station serving the United. States Immigration and
Naturalization Service, Baudette, MN; Camp Bluewater, a four-season youth and
adult camp in Northern Minnesota, Grand Rapids, MN; Little Forks Big Falls
School, a K-12 school renovation and rebuild, Little Fork, MN.
"
I]
WILLIAM J. BLECKWENN
REGISTERED LANDSCAPE ARCHITECT
Landscape Architect, State of Minnesota
REGISTRA TION
EDUCATION
Bachelor of Landscape Architecture - University of Minnesota,
1990
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PROJECT
EXPERIENCE
Mr. Bleckwenn is a registered landscape architect with 12 years
expenence. He has focused his practice in natural resource
assessment and management. Mr. Bleckwenn has managed a
variety of planning, construction and natural resource assessment
projects. His areas of expertise include: natural resource
assessment, analysis, mapping, and management; Threatened and
Endangered Species Surveys; Geographic Information Systems
(GIS); Global Positioning Systems (GPS); wetland delineation,
assessment, mitigation, and permitting; Environmental Assessments,
Environmental Assessment Worksheets, Environmental Site
Assessments, Environmental Impact Statements; Air Quality
modeling; noise modeling; site planning, design, and construction,
residential and mixed-use planning and construction; park planning,
and transportation planning. He has conducted hundreds of wetland
delineations in eight states. By incorporating state-of-the-art
technology such as GPS, GIS, and AutoCAD software into his
practice, project information has been provided to stakeholders in a
seamless manner. Mr. Bleckwenn has also placed a high value on
incorporating public input into the planning phases of projects by
developing a planning process that utilizes community involvement
throughout a project. Projects typically use a variety of media to
provide information to the greater community and to assimilate their
ideas.
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Lake of the Isles Renovation Plan, Minneapolis, MN, involves
park restoration, wetland mitigation, and native community
management.
Arbor Pointe Planned Unit Development, Inver Grove Heights,
MN,
Project Planner for conceptual layout, Preliminary Plat, and Final
Plat submittals
Coon Rapids Dam Regional Trail, Consulting Planner for Master
Planning process, community input, and construction document
preparation.
Woodbury Village P.D.D., Indirect Source Permit application,
Preliminary Plat application, construction drawings, air quality and
noise modeling.
"
II
SWB EXPERIENCE
MASTER PLANNING AND DESIGN GUIDELINES
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Master Plans for Downtown Areas Minnesota
. Comprehensive Plan for City of Sandstone - Sandstone, MN
. Small Area Plan for City of Minneapolis - Minneapolis, MN
. Downtown Plan for City of Red Wing - Red Wing, MN
. Downtown Plan for City of New Brighton - New Brighton, MN
. Downtown Plan for City of Watertown - Watertown, MN
. Small Area Plan for City of St. Paul, MN
. Downtown Plan for the City of Little Falls, MN
. Downtown Plan for the City of Forest Lake, MN
r .
Capitol Area Architectural and Planning Board St. Paul, MN
. Architectural Advisor - 1980 to present
. Planning Team! Advisor to Comprehensive Plan updates for the Minnesota State
Capitol Area in 1980 to 1996
. Prepared the Design Framework Study for the Summit Park Area within the
Capitol Complex.
. Prepared the Design Framework study for the Rice-University Area within the
Capitol Complex.
. Prepared the Design Framework Study for exterior lighting within the Capitol
Complex.
· Architectural Advisor to the Lindbergh Memorial, Wilkins Memorial, Vietnam
Veterans Memorial, Korean War Veterans Memorial and the Woman Suffrage
Memorial.
Master Plans for College Campuses Minnesota
. William Mitchell College of Law - S1. Paul, MN
. Metropolitan State University - S1. Paul, MN
. Fergus Falls Community College - Fergus Falls, MN
· University of Minnesota, Crookston - Crookston, MN
. St. John's University - ColIegevilIe, MN
Master Plans for Regional Parks Minnesota
. Minnehaha Park - Minneapolis, MN
. Lake of the Isles Regional Park - Minneapolis, MN
. Harriet Island Regional Park - S1. Paul, MN
. Anoka County Park Systems Plan - Anoka County, MN
. Lowell Park Riverfront - Stillwater, MN
Master Plans for Historic Sites Minnesota
· Irvine Park Historic District - S1. Paul, MN
. Fort Snelling Historic - Twin Cities, MN
. North West Company fur Post - Pine City, MN
. Birch Coulee Battlefield - Morton, MN
· Lower Sioux Agency Historic Site - Redwood Falls, MN
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II
SWB EXPERIENCE
S TREETS CAPE PROJECTS
Sanders Wacker Bergly, Inc. has extensive experience in all aspects of business
district and streetscape improvements, including the preparation of construction
documents, observation of construction and administration of streets cape
improvement contracts.
The following is partial list of business district and streets cape improvement
projects that are representative of our experience:
1. Red Wing Downtown SidewalklStreetscape Improvements -
Red Wing, MN
2. Central Avenue Business District Improvement Program-
Columbia Heights, MN
3. Granite Falls Downtown Revitalization Program - Granite Falls, MN
4. Commercial District Enhancement Program - Owatonna, MN
Rice Street/University Avenue Urban Design Study -
S1. Paul, MN
6. Urban Design Plan - Biwabik, MN
5.
7. Downtown Streetscape and Town Square Construction - Biwabik, MN
8. Wabasha Street Public Improvements - St. Paul, MN
9. Seventh Place Mall - S1. Paul, MN
10. Irvine Park Historic District - S1. Paul, MN
11. Downtown Riverfront Public Improvements - Hastings, MN
12. Central Business District Program - Osseo, MN
13. Downtown Parking, Depot Plaza and Riverfront Improvements -
Faribault, MN
14. Payne Avenue/Arcade Street - Governor's Design Team
S1. Paul, MN
15. Downtown Plan and Riverfront Improvements - Watertown, MN
16. Crosby/Deerwood Downtown Revitalization Concepts
Crosby/Deerwood, MN
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Capitol Approach and Visual Corridor Urban Design Studies
S1. Paul, MN
18. International Market PlacelUniversity Avenue Streets cape
S1. Paul, MN
17.
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19. Energy Park Streetscape Improvements - St. Paul, MN
20. East 7th Street Bridge and 8treetscape - 81. Paul, MN
21. East Kellogg Boulevard Streetscape Program - St. Paul, MN
22. Downtown Entrance Enhancement Program - 81. Paul, MN
23. Little Canada Road Streetscape and City Entrance Program
Little Canada, MN
.24. Summit Park Urban Design Study - St. Paul, MN
25. Gateway ParkJRaymond Avenue Streets cape - St. Paul, MN
26. Euclid A venue Greenway Improvements - Albert Lea, MN
27. Highway 52 Corridor Streetscape Improvements - Harmony, MN
r'c-' 28. Arlington Main Street Improvements - Arlington, MN
29. Old Highway 8 Corridor Streetscape Improvements and City Entrance
r'"7' Design - New Brighton, MN
30. Stillwater Riverfront Improvement Program - Stillwater, MN
31. E. 7th Street! Arcade St. Commercial Area Streets cape Improvements -
St. Paul, MN
32. Railroad Island Neighborhood Revitalization Project - St. Paul, MN
33. Claquet Downtown Streetscape Improvements - Claquet, MN
34. Rice Lake Main Street Program - Rice Lake, WI
35. Grandview Redevelopment Area/50th & Vernon Streetscape - Edina,
MN
36. LaGrande A venue Improvement Project - Princeton, MN
37. West Broadway Streetscape Study - Forest Lake, MN
38. Godfrey Parkway Redesign - Minneapolis, MN
39. Windom Streets cape Improvements - Windom, MN
40. St. James Streetscape Improvements - St. James, MN
L'_~ 41. Grand Rapids Streetscape Improvements - Grand Rapids, MN
42. Worthington Downtown Streetscape Improvements - Worthington, MN
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43. Pipestone Downtown Planning - Pipestone, MN
44. Downtown Streets cape Plan - Cambridge, MN
45. Downtown Plan - Forest Lake, MN
46. Downtown Plan - Center City, MN
47. Downtown Streets cape and Entrances Plan - Little Falls, MN
r 1 48. Ellis A venue Redevelopment Plan - Ashland, WI
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SANDERS WACKER BERGL ~ INC.
DOWNTOWN MASTER PLAN
LITTLE FALLS, MINNESOTA
Project SCODe
Prepare a master plan for downtown Little Falls including
recommendations related to street furnishings, signs, lighting,
landscaping, auto, bicycle and pedestrian circulation, handicapped
access, rear building entries, linkages between downtown and other use
areas and riverfront enhancement.
Unique Features
. Downtown is divided by Mississippi River
. Design character focuses on historic theme
. Project area included 30 square blocks
Client: City of Little Falls
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ELLIS AVENUE
REDEVELOPMENT
Ashland, WI
SWB, Inc. prepared plans for the
redevelopment of Ellis Avenue and an
adjacent abandoned railroad yard in the
downtown area of Ashland. In addition, we
coordinated urban design plans and design
guidelines for in-fill commercial and office
development as well as prepared plans for
streetscape improvements and a new city
park. SWB also prepared detail designs for
streetscape elements, including sidewalks,
landscaping, lighting, signage, street
furnishings, and entry monuments.
PROJECT
SCOPE
· Redevelopment In-fill Project
· Urban Design Guidelines
· Streetscape Improvements
· Public Park Development
UNIQUE
FEATURES
Client: City of Ashland, Wisconsin
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DOWNTOWN STREETSCAPE
Biwabik. Minnesota
PROJECT
SCOPE
Preparation of plans and specifications
for streetscaping and town square
construction, including sidewalks, light-
ing, landscaping, banners, street furn-
ishings and gazebo.
UNIQUE
FEATURES
· Colored and scored concrete walks
. Gazebo with theme detailing
· Special custom designed light fix-
tures
· International banners and flags
· European ski village atmosphere
Client: Mark Flaherty, Community Development Director
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SANDERS WACKER WEHRMAN BERGL ~ INC.
URBAN DESIGN PLAN
of
Biwabik. Minnesota
PROJECT
SCOPE
Preparation of an urban design study
that established a theme for redevel-
opment of the City. The work included
plans, sketches and cost estimates for
the overall cityscape, town square,
streetscape, redevelopment of building
facades and development of new com-
mercial expansion.
UNIQUE
FEATURES
. Recommendations on building fa-
cades
· Recommendations on streetscape
improvements
· Recommendations on Town
Square Development
. Recommendations on new devel-
opment opportunities
· Assistance with grant proposals
Client: Mark Flaherty, Community Development Director
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SANDERS WACKER WEHRMAN BERGL Y, INC.
MAIN STREET
IMPROVEMENTS
Arlington, Minnesota
PROJECT
SCOPE
Prepare plans for improvements to
Main Street, including sidewalks, land-
scaping, lighting, parking, signage,
street furnishings and downtown en-
trance features.
UNIQUE
FEA TURES
Theme Development
Historic Streetscape and Facades
Total Street Reconstruction
Task Force Participation
Redevelopment Project
Client: City of Arlington
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DOWNTOWN MASTER PLAN
LITTLE FALLS, MINNESOTA
Proiect Scooe
Prepare a master plan for downtown Little Falls including
recommendations relating to street furnishings, signs, lighting,
landscaping, auto, bicycle and pedestrian circulation, handicapped
access, rear building entries, linkages between downtown and other use
areas and riverfront enhancement.
· Downtown is divided by Mississippi River
· Design character focuses on historic theme
· Project area included 30 square blocks
Unique Features
Client: City of Little Falls
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SANDERS WACKER WEHRMAN BERGL Y, INC.
GRANDVIEW
REDEVELOPMENT PLAN
Edina, Minnesota
PROJECT
SCOPE
Prepare plans for streetscape im-
provements and redevelopment of the
area of West 50th Street and Vernon
Avenue in Edina. The project included
the coordination of site, landscape and
streetscape improvements for both ex-
isting and proposed commercial, in-
dustrial and multi-family residential
property.
UNIQUE
FEA TURES
· Redevelopment Project
. Public/Private Joint Venture
Urban Design Goals and
Objectives
· Streetscape Improvements
Client: City of Edina
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SANDERS WACKER WEHRMAN BERGL ~ INC.
DOWNTOWN STREETSCAPE
PLAN
Cloquet, Minnesota
PROJECT
SCOPE
Prepare a downtown streetscape plan
for Cloquet Avenue, including side-
walks, ,landscaping, lighting, parking,
signage, street furnishings and down-
town entrance features. The project
included theme development, cost and
financing options, and task force par-
ticipation.
UNIQUE
FEATURES
· Theme Development
Downtown Entrances
. Highway Turnback Project
· Financial Options
· Total Street Reconstruction
Client: City of Cloquet
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STREETSCAPE AND
DOWNTOWN
REVITALIZATION
Granite Falls, Minnesota
PROJECT
SCOPE
Develop a theme and design concept
for revitalization of the downtown busi-
ness district. Provide facade studies
and analysis of commercial structures.
Provide design and construction docu-
ments for two major pedestrian plazas
adjacent to the river in the downtown
area and for the downtown streets-
cape, including paving, lighting, land-
scaping and street furnishings.
UNIQUE
FEATURES
II Decorative paving pattern and ma-
terials
II Connections to river
II Re-use of bridge railings
II Historic street furnishings
Client: Bill Lavin, City Manager
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SECTION - 5TH AVENUE N.E.
SANDERS WACKER WEHRMAN BERGL Y, INC.
CIT'{ CENTER
New Brighton, Minnesota
PROJECT
SCOPE
-
Prepare plans for the redevelopment
of the downtown area of New Brighton,
including the coordination of site plans
and design objectives for new housing,
new office development, an elderly
care facility and a new community
center. Prepare plans for streetscape
improvements, including sidewalks,
landscaping, lighting, parking, signage,
street furnishings and city entrance
features.
UNIQUE
FEA TURES
· Redevelopment Project
· Public/Private Joint Venture
· Urban Design Goals and
Objectives
· Streetscape Improvements
Client: City of New Brighton
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FOURTH STREET
CORRIDOR
Economic Revitalization and Streetscape Plan
Duluth, MN
SWB, Inc. prepared plans for the
economic revitalization and streetscaping
of Fourth Street from Mesaba Avenue to
N. 14th Avenue at Chester Park. The plan
addressed urban design, streetscape,
development opportunities and marketing.
The public participation process brought
togetherthe neighborhood, the City, public
agencies and businesses to establish a
vision for the future.
PROJECT
SCOPE
Streetscape Improvements
Entrances
Redevelopment Opportunities
Economic Revitalization
UNIQUE
FEATURES
Client: City of Duluth EDA
Hillside Business Association
RLK-Kuusisto, Ltd.
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Edina, MN
DESIGN INFLUENCES
· Streetscape elements became cohesive identity
in this District.
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Limestone walls used throughout Edina
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SANDERS WACKER BERGL Y, INC,
DOWNTOWN STREETSCAPE
IMPROVEMENTS
Grand Rapids, MN
PROJECT
SCOPE
Preparation of a master plan and drawings and
specifications for the first phase of construction
including parking lot, street and sidewalk
improvements and street furniture, lighting and
landscaping.
UNIQUE
FEATURES
. Emphasis on Parking
. Wrought Iron Details
. Art and Sculpture
. Decorative Sidewalk Surfacing Treatment
. Signage Controls
Client: Dave Halter, City Engineer
STREETSCAPE ELEMENTS
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New BJrnghton, MN
DESIGN INFLUENCES
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· Architectural character of new development in
this district.
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in this District
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Princeton, Minnesota
DESIGN INFLUENCES
. City of Flowers Theme
. Maintenance and Durability
. City Entrances
· Street Reconstruction Project
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SANDERS WACKER BERGL Y, INC.
DOWNTOWN STREETSCAPE
PLAN
Red Wing, MN
PROJECT
SCOPE
Prepared a downtown streetscape plan for the
entire central business district that included an
evaluation of various decorative sidewalk
materials, as well as lighting, landscaping, window
boxes, signage and street furnishings. Worked
closely with the City engineering staff on the
implementation of the project.
UNIQUE
FEA TURES
. Colored and textured concrete paving
· Participation of business community
. Signal program
· Window box/flower planting program
· Integration with park and open space projects
Client:
City of Red Wing
Brian Peterson, Planning Coordinator
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SANDERS WACKER BERGL Y, INC.
DOWNTOWN STREETSCAPE
IMPROVEMENTS
Worthington, MN
PROJECT
SCOPE
Preparation of a master plan and drawings and
specifications for the first phase of construction
including street and sidewalk improvements and
entrance features, street furniture, lighting and
landscaping.
UNIQUE
FEATURES
. Entrance Features
. Landscaping
. Lighting
. Sidewalk and Paving Surfacing Treatment
. Facade Changes
Client: City of Worthington - Bob Filson, City
Administrator
City of Centerville
2001 Park Recreation Budget
REVENUE
$ 50,000.00 2002 General Fund
Park Dedication Fund:
$ 50,000.00 -
EXPENSE
$ 15,500.00 Maintain All Parks:
$ 500.00 Park Clean Up
$ 7,500.00 Tree Planting
$ 2,500.00 Picnic TableslPads
$ 5,000.00 Turf
$ 15,500.00
$ 45,000.00 LaMotte Park Improvements
$ 20,000.00 CurblGutter
$ 25,000.00 Blacktop Parking lot
$ 45,000.00
$ 25,000.00 Royal Meadows - Pave Trail
$ 300,000.00 St Paul Water Property
$ 385,500.00
$ (335,500.00) Budget Short-Fall (Reduce Expenditures or Receive Grant)
2/28/01
Council - Individual Council Member
Taken From LMC Handbook
CITY COUNCIL AND ITS POWERS
1. This is a time of rising expectations, diminishing resources, and
increasingly complex issues.
2. Balancing individual constituent interests with the long-term good of
the community is becoming increasingly difficult.
3. In order to be an effective decision-maker, certain standards of
conduct should be followed.
4. The laws and rules governing openness and ethics in government
must be followed and promoted
5. Any actual or perceived conflict of interest should be avoided.
6. All members of the city council should encouraged high ethical
standards in making decisions.
7. An ethical manner is essential to restore public confidence in our
democratic institutions.
8. It is the duty of the mayor, clerk, and council members to ensure
the city is properly exercising its functions, fulfilling its duties under
the law, and not exercising powers that it does not legally possess.
9. Furthermore, the council must direct and control the actions of city
employees, making sure they are properly carrying out their duties
and not exercising authority they do not possess.
10. The voters of the city and the courts hold elected city officials
responsible for the proper performance of these duties.
11. City officials can sometimes be held personally liable for failure to
act, for improper actions, and for unauthorized actions on the part
of the city.
12. To avoid personal liability suits; city officials should gain a working
knowledge of the laws that regulate city government.
13. Whenever there is any doubt about the validity of an action or
procedure, city officials should consult their city attorney.
14. One important step city councils can take to reduce the city's and
their own exposure to lawsuits is to limit the activities of the city
government to things the city can perform effectively and well. The
council should not adopt ordinances unless they are enforceable.
The city should not begin new projects and programs unless the
city is committed to their success. A city council should determine
what it expects the city to accomplish and keep the city's activities
within the scope of the council's determination. This will reduce the
possibility of an inadequate job, resulting in potential liability
exposure.
15. Another way to reduce liability exposure is through training.
16. City officials should increase their knowledge of the decision-
making process and develop new skills to add to their level of
understanding.
17. The League sponsors a wide range of training opportunities for citysofficials.
1
Council - Individual Council Member
Taken From LMC Handbook
ROLE OF THE INDIVIDUAL COUNCil MEMBER
1. Council Members' statutory duties are to be performed, almost
without exception, by the council as a whole.
2. The council, not individual members, must supervise administrative
officers, formulate policies, and exercise city powers.
3. Even the duties of city employees are the direct or indirect
responsibility of the council.
4. Council Members should devote their official time to problems of
basic policy and act as liaisons between the city and the general
public.
5. Council Members should be concerned, not only with the conduct
of daily affairs, but also with the future development of the city.
Minn. Stat. & 412.191, subd. 2
6. The most important single responsibility of a Council Member is
participation at council meetings.
7. Each Council Member, including the mayor in statutory cities, has
full authority to make and second motions, participate in
discussions, and vote on every matter before the council. In a
statutory city, any two Council Members of a five-member council
can call special meetings.
8. Three members of a seven-member council may call a special
~ meeting.
. As individuals, Council Members have no administrative authority.
They cannot give orders or otherwise supervise city employees
unless specifically directed to do so by the council.
10. As a council, however, Council Members have complete authority
over all administrative affairs in the city. Minn. Stat. & 412.101 See,
e.g., Minn. Stat. & 169.98, subd. 1a; Minn. Stat. & 626.862; Minn.
Stat. & 626.863.
11. In Standard Plan and Plan A statutory cities, all members of the
council, including mayors, are "peace officers." Council Members
are authorized to suppress any "riotous or disorderly conduct" in
the streets or public places of the city. Considerable care should be
taken in attempting to exercise this authority because of liability
issues. Other statutes preclude any person who is not a state-
licensed peace officer from carrying a firearm, operating marked
police squads, stopping other vehicles, or issuing citations.
Therefore, unless licensed as peace officers, Council Members
should refrain from exercising these powers, except in serious
emergencies, due to the potential criminal and civil liability
exposure.
2
February 27,2001
City of Centerville
1880 Main Street
Centerville, MN 55038
A TT: Jim March & City Council
RE: Snow removal from sidewalks
Dear Jim March & Centerville City Council Members,
I would like to take this time to thank Mr. March and the Centerville City
Council members for taking the time to address my concern. I have been a
resident of Centerville for the past three years and I am amazed at the lack of
concern our residents take on their part for removing snow from the
sidewalks in front of their homes and business'. The purpose for having the
sidewalks throughout our community is so we can use them to walk on. The
disregard by some residents and business owners is overwhelming to me.
Our children have to walk to and from the school bus in the middle of the
street even when a sidewalk is there. I spoke with Mr. March last week
regarding this matter that is of high concern to me. He stated that there is an
ordinance to cover this matter but that our city does not in force it. My
question is WHY? We moved here from S1. Paul and if your sidewalk was
not clear from any debris within 72 hours the city took care of it and you
were billed $70.00 an hour. If you didn't pay it was put on your property
taxes to be collected. People need to start taking responsibility and we need
to start enforcing our ordinances.
I would hope this issue is as important to you as it is to me and we can get
some resolve so that we can start using our sidewalks again.
Sincerely,
Michele Wroblewski