12-11-18 BOA Minutes December 11, 2018 Page 1 of 10

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue December 11, 2018 7:00 p.m. Minutes

Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Mark Winings, Joanne Boulton, Rich Lintz, Ira Berkowitz, Michelle Harris, and Bridget McAndrew. Mayor Sanger City Manager Owens City Attorney O’Keefe

Motion made by Alderman Lintz to approve the November 27, 2018 minutes. Alderman Boulton seconded. Motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

Mayor Sanger introduced the members of the Mayor’s Youth Advisory Council. AN ORDINANCE TO CONSIDER APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF BRENTWOOD FOR A DOG PARK

City Manager Owens reported that for your consideration tonight is an Intergovernmental Agreement between the City of Clayton and the City of Brentwood for the construction of a new dog park in Brentwood that will be available for use by Clayton residents and current dog park members during the closure of Anderson Park. The Park closed on November 1, 2018 for the Metropolitan Sewer District to work on the Deer Creek Tunnel Project and will remain closed until 2021. Both cities have a history of formal and informal collaborative service delivery relationships with each other and neighboring cities and their proximity to Clayton makes this a good opportunity for another joint initiative between the cities.

The Park closed on November 1, 2018 for the Metropolitan Sewer District to work on the Deer Creek Tunnel Project and will remain closed until 2021. Both cities have a history of formal and informal collaborative service delivery relationships with each other and neighboring cities and their proximity to Clayton makes this a good opportunity for another joint initiative between the cities. Alderman Winings introduced Bill No. 6702, an ordinance approving an intergovernmental agreement with the City of Brentwood for a dog park to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe read Bill No. 6702, first reading, An Ordinance Authorizing the City Manager to Enter into an Intergovernmental Agreement with the City of Brentwood for the Construction and Joint Use of a Dog Park in the City of Brentwood by title only. The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING PROVISIONS FOR COLLECTIVE BARGAINING WITH CITY OF CLAYTON LAW ENFORCEMENT PERSONNEL

City Manager Owens reported that this is an ordinance establishing a process for police employees to be recognized as a bargaining unit for collective bargaining. Recently the Fraternal Order of Police stated that employees in the Clayton Police Department wished to be recognized. The Missouri Constitution allows employees to bargain collectively through representatives of their own choosing. In 2012 the Missouri Supreme Court held that the Missouri Constitution imposes an affirmative duty on public employers with employees that are excluded from “Missouri’s Public Sector Labor Law” to bargain with the representatives of their employees regardless of the lack of a governing statute. In the most recent legislative session, passage of House Bill 1413 by the Missouri General Assembly excludes law enforcement personnel from Missouri’s Public Sector Labor Law, thereby continuing a void for established collective bargaining guidelines and procedures for public employers and law enforcement personnel. In order to fill this void some cities in Missouri establish by ordinance procedures to allow employees to pursue their constitutional rights. The model upon which those procedures was based was upheld in a 2015 Appellate Court ruling. The City of Clayton has had a long history of positive relations with employees from all departments. Some, like the Fire Department have had a union in place for many decades and have negotiated agreements. Most others have benefitted from an open employment relationship under the compensation, benefits and personnel rules and regulations established for all employees without collective bargaining.

Some, like the Fire Department have had a union in place for many decades and have negotiated agreements. Most others have benefitted from an open employment relationship under the compensation, benefits and personnel rules and regulations established for all employees without collective bargaining. The city has and does consider all employees vital and the most essential part of the critical role the local government plays in the life of the city through service delivery. The city supports the exercise of all rights of employees under federal, state and local law. This ordinance establishes a process and timeframe to allow police employees to participate in the decision to form a collective bargaining unit or units of their own choosing and negotiate for an agreement. Officer Ron Keel, Clayton Police Department, 13-year employee, addressed the Board stating that part of what they are asking for as a collective bargaining unit is that they would like to have