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Home My WebLink About1991-07-23 CC Packet Special Meeting - e -- /VI- t~. r illwater ~ -~ ~ -- ~ THE BIRTHPLACE OF MINNESOTA . J July 19, 1991 M E M 0 TO: FROM: SUBJECT: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK SPECIAL COUNCIL MEETING, TUESDAY AFTERNOON, JULY 23, 1991, 4:30 P.M. This memo is a reminder to Council that a Special Meeting has been scheduled for Tuesday afternoon, July 23, 1991 at 4:30 P.M., in the Council Chambers of City Hall, 216 No. Fourth St., Stillwater, Minnesota, to discuss the foll owing: 1. Discussion of Paver Plan. 2. Neal Casey - Discussion of SAEDC goals and objectives. 3. Workshop with BC/BS representative on hospital/medical insurance. 4. Workshop - Popeye1s. 5. Any other busines5 Council may wish to discuss. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e s a e d c ~ -~ - ~ '\ I I STILLWATER AREA ECONOMIC DEVELOPMENT CORPORATION June 19. 1991 Mayor Wally Abrahamson CITY OF STILLWATER 216 North Fourth Street Stillwater, MN 55082 RE: STILLWATER CITY COUNCIL WORKSHOP Dear Mayor Abrahamson, The Stillwater Area Lconomic Development Corporation (SAEDC) Executive Committee would appreciate the opportunity to meet informally with the City Council on Tuesday, July 16th. A comprehensive plan of action has been formulated to respond to the short term and future economic development In our distinct and uniquely situated star City area. We would like to review past activities and discuss future plans in support of the retention, exp,:msion and establishment of businesses consistent with the individual community development goals. I will be in contact with Mary Lou Johnson for verification of the date and time. Sincerely, ~ J. Nea I C':lsey Executive Dire JNC/sb 423 SOUTH MAIN STREET . STILLWATER, MN 55082 . (612) 439-4544 It e e ;/}/) // <-I . /I1P~7 ~- . MEMORANDUM TO: Employee Group Representative FR: City Coordinator DA: July 18, 1991 RE: INFORMATIONAL MEETING ON HOSPITAL/MEDICAL INSURANCE (BLUE CROSS/BLUE SHIELD) A representative from Blue Cross/Blue Shield will be at City Hall (Council Chambers) at 5:30 p.m., Tuesday, July 23, 1991 to explain the reasons for the increase in insurance premiums and to answer any questions the City might have regarding our hospital/medical plan. I am providing you with some information pertaining to our plan including the proposed rate.increase and some alternatives we can consider to reduce the increase in premiums that we are facing. It would be very helpful if you or someone from your bargaining uni t could attend the meeting. Perhaps their is something we could all agree on to keep the costs down. If nothing else, we will have an opportunity to better understand what our hospital/medical plan provides. ~d-~ RENEWAL DEVELOPMENT SUMMARY RENEWAL DATE C~/01/91 PAID THROUGH DATE 03/31/91 E680 RTG PAGE 1 ******************************* * USER 10: 000048164 * * RUL NO 0001432-100/009.001 * * RUN DATE: OS/25/91 * * C.F REV: 147.0 * ******************************* BLUE CROSS AND BLUE SHIELD OF MINNESOTA CITY OF STILLWATER GROUP NUMBER OGM032 GROUP SIZE 03 EXCESS CLAIM POOLING LIMIT S 25,000 HOSPITAL MED-SURG MAJOR MED 1 . 12.0 MONTH RENEWAL RATE BASE PERIOD SERVICE DATES FROM 02/90 THRU 01/91 CLAIMS PAYMENT $ 62,157 $ 51,517 $ 55,769 $ 2. CLAIMS ADJUSTED FOR $ 0 S 0 $ 0 $ 3. RENEWAL RATE BASE PERIOD IBNR $ 7,720 S 4,808 S 4,771 S 4. TOTAL COMPLETED CLAIMS $ 69,877 S 56,325 $ 60,540 $ 5. EXCESS POOLED CLA I MS $ 0 $ 0 S 0 $ 6. EXCESS CLAIM POOLING CHARGE $ 9,474 S 4,459 $ 4,645 S 7. TOTAL RENEWAL RATE-BASE-ClAIMS $ 79,351 $ 60,784 $ 65,185 $ 8. CURRENT CONTRACT YR COST TREND 7.0 MONTHS) 109.10% 109.10% 109.10% 9. PROJECTED CURRENT CONTRACT YEAR CLAIMS (12.0 MONTHS) $ 86,572 $ 66,315 $ 71,117 S 10. RENEWAL YEAR COST TREND ( 12.0 MONTHS) 115.60% 115.60% 115.60% 11. PROJECTED RENEWAL YEAR CLAIMS (12.0 MONTHS) $ 100,077 $ 76,660 $ 82,211 S 12. TARGET lOSS RATIO 13. NEED ED INCOME S 14. RATE BASE I NCO~lE S 15. INCREASE CALCULATED 16. INCREASE BASED ON CREDIBiliTY BAND INCREASE EFFECTIVE 09/01/91 - DUE TO BENEFIT CHANGES, THIS MAY NOT BE THE FINAL RECOMMENDATION. REFER TO THE ATTACHED FOR FINAL RENEWAL RATES. e e TOTAL 169,443 o 17 ,299 186,742 o 18,578 205,320 109. 10 224,004 115.60% 258,948 79.1% 327,368 189,568 72.7% 50.0% 25.0% e BLUE CROSS AND BLUE SHIELD OF MINNESOTA CITY or STILLWATER GROUP NUMBER OGM032 HOSPITAL MEDICAL/SURGICAL MAJOR MEDICAL MONTHLY UTILIZATION - INCURRED RENEWAL DATE C~!01/91 PAID THROUGH DATE 03/31/91 E61T RTG PAGE 2 301-0 ******************************* * USER 10: 000048164 * * RUL NO: 0001432-100/009.000 * * RUN DATE: 04/13/91 * * C.F. REV: 147.0 * ******************************* ----------------------------------------------------------------------------------------------------------------------------- CONTRACTS CLAIMS COMPLETED LOSS MONTH SINGLE FAMILY TOTAL INCOME PAYM CLAIMS RATIO ----------------------------------------------------------------------------------------------------------------------------- 09/89 31 60 91 $ 14,183.59 $ 5,998.46 S 6,011.61 10/89 30 61 91 $ 14,305.49 $ 6,703.13 $ 6,721.00 11/89 29 61 90 $ 14,230.00 $ 8,914.62 $ 8,942.24 12/89 29 61 90 $ 14,230.00 $ 8,362.50 S 8,403.01 01/90 30 61 91 $ .14,305.49 $ 8,502.86 S 8,564.40 02/90 31 61 92 $ 14,380.98 $ 14,031.59 $ 14,655.43 03/90 31 61 92 $ 14,380.98 $ 7,378..52 $ 7,68.5.85 04/90 32 60 92 $ 14,259.08 S 7,296.54 S 7,610.98 05/90 32 60 92 $ 14,259.08 $ 18,083.30 $ 19,049.12 06/90 32 59 91 $ 14,061.69 $ 10,LI26.59 $ 10,990.02 07/90 33 59 92 $ 14,137.18 $ 12,548.02 $ 13,342.66 08/90 33 59 92 $ 14,137.18 $ 25,812.48 $ 27,937.87 TOTAL 373 723 1,096 $ 170,870.74 $ 134,058.61 $ 139,914.19 81.9 % ----------------------------------------------------------------------------------------------------------------------------- 09/90 33 59 92 $ 15,694.69 $ 17,013.15 S 18,574.70 10/90 34 59 93 $ 15,778.33 $ 20,245.33 $ 22,466.22 11/90 34 59 93 $ 15,778.33 $ 11,756.21 $ 13,364.01 12/90 35 59 94 $ 15,861.97 $ 10,595.94 $ 12,362.40 01/91 35 59 94 $ 15,861,97 $ 14,254.85 S 18,700.75 ----------------------------------------------------------------------------------------------------------------------------- 5 MONTH TOTAL 171 295 466 $ 78,975.29 $ 73,865.48 $ 85,468.08 108.2 % 02/91 36 58 94 $ 15,726.38 $ 5,851.19 03/91 36 58 94 $ 15,726.38 $ 2,798.58 7 MONTH TOTAL 243 411 654 $ 110,428.05 $ 82,515.25 ----------------------------------------------------------------------------------------------------------------------------- RENEWAL RATE BASE 02/90 THRU 01/91 395 714 1,109 $ 178,591.46 $ 169,442.52 $ 186,740.01 104.6 % *********************************************************************************************************************************** CLAIMS ARE BY SERVICE DATE *********************************************************************************************************************************** e e e PROCESS 04/16/91 RTE # 0340 C495 (512) REASON FOR HOSPITALIZATION CITY OF STILLWATER PAGE 1 INCURRED FROM 02-01-90 THRU 01-31-91 PAID FROM 02-01-90 THRU 03-31-91 TOTAL I NPATI ENT DESCRIPTION CASES DAYS/ CHARGES CHARGES/ CHARGES/ BENEFIT % OF INPATIENT CORPORATE VISITS CASE DAY PAYMENT BEN PAYMENT NORMS MATERNITY 4 10.00 2.5 $11,247.39 $2,811.85 $1,124.74 $11,194.39 21.9 11.8 INFECTIOUS PARASITIC 2 6.00 3.0 $4,005.47 $2,002.74 $667.58 $3,997.47 7.8 1.3 MALIGNANT NEOPLASMS 2 17 .00 8.5 $17,450.84 $8,725.42 $1,026.52 $13,907.37 27.2 8.6 BENIGN NEOPLASMS 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 1.8 ENDOCRINE 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 1.9 BLOOD, BLOOD FORMING 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0.4 CHEMICAL DEPENDENCE 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 4.4 OTHER NERVOUS MENTAL 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 8.5 NERVOUS SYSTEM ETC. 1.00 1.0 $4,657.24 $4,657.24 $4,657.24 $4,641.56 9.1 3.0 CARDIOVASCULAR SYSTEM 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 15.2 RESPIRATORY SYSTEM 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 5.4 DIGESTIVE SYSTEM 4.00 4.0 $2,248.31 $2,248.31 $562.08 $2,248.31 4.4 10.7 GENITOURINARY SYSTEM 4.00 4.0 $7,930.05 $7,930.05 $1,982.51 $7,902.05 15.4 6.8 SKIN, SUBCUTANEOUS 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0.8 MUSCULOSKELETAL SYST 3 11.00 3.7 $12,810.02 $4,270.01 $1,164.55 $6,669.47 13.0 6.2 CONGENITAL ANOMALIES 0 0.00 0.0 SO.OO SO.OO $0.00 $0.00 0.0 2.2 PERINATAL 0 0.00 0.0 SO.OO $0.00 $0.00 $0.00 0.0 2.4 SYMPTOMS, ILL-DEFINED 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 1.1 INJURY AND POISONING 8.00 8.0 $5,335.12 $5,335.12 $666.89 $616.00 1.2 7.2 OTHER 0 0.00 0.0 $0.00 $0.00 SO.OO $0.00 0.0 0.0 SUB TOTAL 11 51.00 4.6 $54,437.05 $4,948.82 $1,067.39 $39,982.23 78.1 87.9 SUPPLEMENTAL 0 0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0.3 TOTAL 15 61.00 4.1 $65,684.44 $4,378.96 $1,076.79 $51,176.62 100.0 100.0 e e e PROCESS 04/16/91 RTE # 0340 C495 (512) REASON FOR HOSPITALIZATION CITY OF STILLWATER PAGE 2 INCURRED FROM 02-01-90 THRU 01-31-91 PAID FROM 02-01-90 THRU 03-31-91 TOTAL OUTPATIENT DESCRIPTION CASES DAYS/ CHARGES CHARGES/ CHARGESI BENEFIT % OF OUTPATIENT CORPORATE VISITS CASE DAY PAYMENT BEN PAYMENT NORMS MATERNITY 0 0.00 SO.OO SO.OO SO.OO SO.OO 0.0 INFECTIOUS PARASITIC 0 0.00 SO.OO $0.00 $0.00 $0.00 0.0 MALIGNANT NEOPLASMS 2 2.00 $477.50 $238.75 $238.75 $162.70 1.5 BENIGN NEOPLASMS 1.00 S288.00 $288.00 $288.00 $57.60 0.5 ENDOCRINE 1.00 $29.00 $29.00 $29.00 $29.00 0.3 BLOOD, BLOOD FORMING 0 0.00 $0.00 $0.00 $0.00 SO.OO 0.0 CHEMICAL DEPENDENCE 3.00 $324.40 $324.40 $108.13 $324.40 3.0 OTHER NERVOUS MENTAL 0 0.00 $0.00 $0.00 SO.OO $0.00 0.0 NERVOUS SYSTEM ETC. 3 3.00 $2,907.75 $969.25 $969.25 $1,998.64 18.2 CARDIOVASCULAR SYSTEM 0 0.00 $0.00 $0.00 $0.00 $0.00 0.0 RESPIRATORY SYSTEM 2 2.00 $ 11 0 . 00 $55.00 $55.00 $110.00 1.0 DIGESTIVE SYSTEM 2 2.00 $1,488.35. $744.18 $744.18 $1,488.35 13.6 GENITOURINARY SYSTEM 0 0.00 $0.00 $0.00 $0.00 $0.00 0.0 SKIN, SUBCUTANEOUS 0 0.00 $0.00 $0.00 $0.00 $0.00 0.0 MUSCULOSKELETAL SYST 2 2.00 $1,841.35 S920.68 $920.68 $1,488.55 13.6 CONGENITAL ANOMALIES 0 0.00 $0.00 $0.00 $0.00 $0.00 0.0 PERINATAL 0 0.00 $0.00 $0.00 $0.00 $0.00 0.0 SYMPTOMS, ILL-DEFINED 1.00 $25.00 $25.00 $25.00 $25.00 0.2 INJURY AND POISONING 12 12.00 $4,125.43 $343.79 $343.79 $4,125.43 37.6 OTHER 0 0.00 $0.00 $0.00 $0.00 $0.00 0.0 SUB TOTAL 27 29.00 $11,616.78 $430.25 $400.58 $9,809.67 89.3 SUPPLEMENTAL 3 15.00 $2,061.65 $687.22 $137.44 $1,170.45 10.7 TOTAL 30 44.00 $13,678.43 $455.95 $310.87 $10,980.12 100.0 e e e CITY OF STILLWATER GROUP NUMBER OGM032 COMMENTS SINGLE FAMILY e 36 58 :. . BLUE CROSS AND BLUE SHIELD OF MINNESOTA CURRENT & RENEWAL RATES RENEWAL DATE C~/01/91 PAID THROUGH DATE 03/31/91 E695 RTG PAGE 1 ******************************* * USER 10: 000048164 * * RUL NO 0001432-100/009.001 * * RUN DATE: OS/25/91 * * * ******************************* OVERALL % RATE CHG INCREASED 25.0 % CURRENT RATES EFFECTIVE 09/01/90 RENEWAL RATES EffECTIVE 09/01/91 CT SINGLE fAMILY e CURRENT $ 83.64 $ 219.23 RENEWAL $ 103.05 $ 270.62 ,/ e BLUE CROSS AND BLUE SHIELD OF MINNESOTA BENEFIT DESCRIPTION RENEWAL DATE 09/01/91 CITY OF ST.lLLWATER GROUP NUMBER OGM032-000 E655 PAGE 82 ********************** * USER ID: 000048164 * * * * RUN DATE: 04/13/91 * ********************** FORM NUMBER CATEGORY DESCRIPTION ALLOWANCE HOSPITAL G213-R1 HOSPITAL AWARE HOSPITAL COVERAGE ROOM AND BOARD ALLOWANCE PRIVATE ROOM .G222-R2 OTHER ROOM MAXIMUM NUMBER DAYS NON-ACUTE CARE COVERAGE ANCILLARY ALLOWANCE F4111 G1236 F3670 F4064 AMENDMENT AMENDMENT HOME HEALTH CARE AGENCY COVERAGE AMENDMENT F3670 8-87 LEIGS (OP N&M, TMJ & WIGS) AMENDMENT F4064 8-88 LEGIS (CANCER SCREENING, VENTILATOR DEPENDENT PERSONS, DEFINITION OF NURSE PRACTITIONER & CLINICAL SPECIALIST) AMENDMENT F4092 7-88 LEGIS (GROUP THERAPY) F4401 8-89 LEGIS (PRIOR AUTHORIZATION AND PREADMISSION NOTIFICATION FOR NON PAR PROVIDERS; ER ADMISSION NOTICE FOR NON PAR PROVIDERS; DEFINITION OF LICENSED PSYCHOLOGIST; COURT ORDERED EXAMS; WELL BABY TO AGE 6 - NO DEDUCT OR COINSURANCE FOR WELL BABY ONLY) F4369 8-89 LEGIS (CONTINUATION OF COVERAGE, INCLUDES SPECIAL RULE FOR PRE-EXISTING CONDITIONS) Q&A FOR PRE-NOTIFICATION 89 LEGISLATION WILL BE ISSUED WHEN APPROVED 89 LEGISLATION WILL BE ISSUED WHEN APPROVED G1228 ALTERNATIVE CATE G1261 EXC MAINT &/OR CUSTODIAL THERAPY G1260 CHG DEFIN OF MEDICALLY NECESSARY F3442 ARTIFICIAL ORGAN IMPLANT EXC F4110 SMOKING CESSATION PROGRAMS EXC F4092 F2871R7 FLI401 F4369 e e AVERAGE SEMI-PRIVATE SEMI-PRIVATE 365 UNLIMITED FOR 365 DAYS 100% e BLUE CROSS AND BLUE SHIELD OF MINNESOTA BENEFIT DESCRIPTION RENEWAL DATE 09/01/91 CITY OF STILLWATER GROUP NUMBER OGM032-000 E655 PAGE 83 ********************** * USER 10: 000048164 * * * * RUN DATE: 04/13/91 * ********************** FORM NUMBER CATEGORY DESCRIPTION ALLOWANCE G1220 MED/SURG G832-R2 F4085 PRIVATE DUTY NURSING AMENDMENT G1220 NAIC COB OPTION 1 HEART,HEART-lUNG & LIVER TRANSPLANTS SURGICAL SERVICE COVERAGE SURGICAL CONVERSION FACTOR ANESTHESIA CONVERSION FACTOR OBSTETRICAL CONVERSION FACTOR IN-HOSPITAL MEDICAL SERVICE COVERAGE DAILY ALLOWANCE MAXIMUM VISITS OUTPATIENT DIAG. X-RAY & LAB. SERVICE COVERAGE OUTPATIENT DIAGNOSTIC BENEFIT INPATIENT DIAG. X-RAY & LAB. SERVICE COVERAGE INPATIENT DIAGNOSTIC BENEFIT CONSULTAT.ION AND THERAPY SERVICE COVERAGE CONSULTATION AND THERAPY CONVERSION FACTOR SUPPLEMENTARY ACCIDENT EXPENSE COVERAGE SUPPLEMENTARY ACCIDENT BENEFIT FORMULARY COPAY NONFORMULARY DRUG COPAY (MN ONLY) (3 MO. SUPPLY ORAL CONTRACEPTIVES) 5513 0016 0562PCS 5.50 Q & A FORM-FORMULARY PCS AMENDMENT G1257R1 NON ACCEPTANCE OF ASSIGNMENT G857-R2 G860-Rl G861-R2 G873-R1 G872-R1 F3724 F 3072R2 e e U&C U&C U&C U&C 365 $100 $100 U&C $50 $5.50 $10.00 e e BLUE CROSS AND BLUE SHIELD OF MINNESOTA BENEFIT DESCRIPTION RENEWAL DATE 09/01/9~ CITY OF STILLWATER GROUP NUMBER OGM032-000 E655 PAGE 84 ********************** * USER lD: 000048164 * * * * RUN DATE: 04/13/91 * ********************** FORM NUMBER CATEGORY DESCRIPTION ALLOWANCE MAJOR MED G898-R3 MAJOR MEDICAL EXPENSE COVERAGE (HOSPITAl-SURGICAl-MEDICAl) AMENDMENT DEDUCTIBLE AMOUNT COVERED PERCENTAGE - FIRST $2,500 PER CAl. YR COVERED PERCENTAGE THEREAFTER TO END CAL. YR INDIVIDUAL MAXIMUM ELIGIBLE ROOM AND BOARD MAXIMUM C19 AGE LIMIT FOR DEPENDENT COVERAGE; CHilDREN TO AGE 19 G917-R 1 e $100 80% 100% $1,000,000 SEMI-PRIVATE e e - e .8lue Cross and Blue Shield of Minnesota ALTERNATE BENEFIT PLAN DESCRIPTION CITY OF STILLWATER GM032 --,.~ * $100 deductible per individual / $300 per family * 800,.'0 coverage to a maximum of $1,100 per individual / $2,200 per family, including deductible, 1000/0 coverage thereafter * Well child benefits included * $7.00 pes drug copay * $1,000,000 lifetime maximum THE RATES BELOW ARE GUARANTEED UNTIL YOUR 09/01/92 RENEWAL IF THIS BENEFIT PLAN IS SELECTED. SINGLE $91.36 $239.91 FAMIL Y LIMITATIONS EXIST REGARDING THE OFFERING OF MULTIPLE PLANS AS A "DUAL CHOICE" OPTION. PLEASE CONTACT YOUR BLUE CROSS and BLUE SHIELD of MINNESOTA REPRESENTATIVE. THIS IS ONLY A SUMMARY OF BENEFITS. ACTUAL BENEFITS ARE SUBJECT TO THE TERMS AND LIMITATIONS STATED IN THE CONTRACT. 28-May-91 If you wish to choose this plan effective 09/01/91 please contact your Blue Cross & Blue Shield of Minnesota representative at least three weeks prior to the effective date. e - e . Blue',Cross and Blue Shield of Minnesota ALTERNATE BENEFIT PLAN DESCRIPTION CITY OF STILLWATER GM032 _.1- * $200 deductible per individual / $600 per family * 800/0 coverage to a maximum of $700 per individual / $1,400 per family, including deductible, 1000/0 coverage thereafter * Well child benefits included * $7.00 pes drug copay * $1,000,000 lifetime maximum THE RATES BELOW ARE GUARANTEED UNTIL YOUR 09/01/92 RENEWAL IF THIS BENEFIT PLAN IS SELECTED. SINGLE $89.19 FAMIL Y $234.21 LIMITATIONS EXIST REGARDING THE OFFERING OF MULTIPLE PLANS AS A "DUAL CHOICE" OPTION. PLEASE CONTACT YOUR BLUE CROSS and BLUE SHIELD of MINNESOTA REPRESENTATIVE. THIS IS ONLY A SUMMARY OF BENEFITS. ACTUAL BENEFITS ARE SUBJECT TO THE TERMS AND LIMITATIONS STATED IN THE CONTRACT. 28-May-91 If you wish to choose this plan effective 09/01/91 please contact your Blue Cross & Blue Shield of Minnesota representative at least three weeks prior to the effective date. : Blue Cross and Blue Shield of Minnesota e - e ALTERNATE BENEFIT PLAN DESCRIPTION CITY OF STILLWATER GM032 ....................................... ............................. .' .:'-. . ,,: ....::.....:.:..:.:::::::::::::;:::~::::::::.:.:::.::::::;:::}:....:....:;...::.::;::.:.:...:.:.;..:.:::.~.:..:..: :::....:.:...t;,..;:;:::.:~:~.;::::..:;:~::.:.;.~.;:::::;:;:)~{:;:~:;;~:~:tt~~~~~:;:;:;:;:;:;:;:t~:;~{~:{~:~:~:f~~~~~:~:~::::: _,li___ * $200 deductible per individual / $600 per family * 800/0 coverage to a maximum of $1,200 per individual / $2,400 per family, including deductible, 1000/0 coverage thereafter * Well child benefits included * $7.00 pes drug copay * $1,000,000 lifetime maximum THE RATES BELOW ARE GUARANTEED UNTIL YOUR 09/01/92 RENEWAL IF THIS BENEFIT PLAN IS SELECTED. SINGLE $86.45 $227.01 FAMIL Y LIMITATIONS EXIST REGARDING THE OFFERING OF MULTIPLE PLANS AS A "DUAL CHOICE" OPTION. PLEASE CONTACT YOUR BLUE CROSS and BLUE SHIELD of MINNESOTA REPRESENTATIVE. THIS IS ONLY A SUMMARY OF BENEFITS. ACTUAL BENEFITS ARE SUBJECT TO THE TERMS AND LIMITATIONS STATED IN THE CONTRACT. 28-May-91 If you wish to choose this plan effective 09/01/91 please contact your Blue Cross & Blue Shield of Minnesota representative at least three weeks prior to the effective date. . ' .B~ue Cross and Blue Shield of Minnesota e - - ALTERNATE BENEFIT PLAN DESCRIPTION CITY OF STILLWATER GM032 .....- * $500 deductible per individual! $1,000 per family * 800/0 coverage to a maximum of $1,000 per individual! $2,000 per family, including deductible, 1000/0 coverage thereafter * Well child benefits included * $7.00 pes drug copay * $1,000,000 lifetime maximum THE RATES BELOW ARE GUARANTEED UNTIL YOUR 09/01/92 RENEWAL IF THIS BENEFIT PLAN IS SELECTED. SINGLE $78.70 FAMILY $206.67 LIMITATIONS EXIST REGARDING THE OFFERING OF MULTIPLE PLANS AS A "DUAL CHOICE" OPTION. PLEASE CONTACT YOUR BLUE CROSS and BLUE SHIELD of MINNESOTA REPRESENTATIVE. THIS IS ONLY A SUMMARY OF BENEFITS. ACTUAL BENEFITS ARE SUBJECT TO THE TERMS AND LIMITATIONS STATED IN THE CONTRACT. 28-May-91 If you wish to choose this plan effective 09/01/91 please contact your Blue Cross & Blue Shield of Minnesota representative at least three weeks prior to the effective date. STILLWATER CITY COUNCIL MEETING JULY 16, 1991 7 :00 p.m. ~ Honored Mayor and Council Members: I am here as a concerned member of the Dock Association of Stillwater. My purpose tonight is to ask some questions and hopefully find some answers to concerns we feel are legitimate regarding Popeye's Bar & Grill, and its close proximity to the Stillwater Yacht Club Marina. It is hoped that by bringing these issues to the attention of the Council, a viable and reasonable solution, satisfactory to both sides can be reached. Our main concerns are as follows: 1/). NOISE: - Loud music and noise continues to be a problem, especially on weekend evenings when the bar and outside deck areas are extremely crowded. Since many of us consider our boats and the space in which we keep them, to be our weekend (and in some cases permanent) homes, we feel it is fair to say that the harbor is in fact, a residential area. However, because of the excessive noise which travels throughout the marina, sleeping overnight on the boat has become impossible. Loud, boisterous, adult-oriented behavior, along with inappropriate language often conducive to a bar setting, is not compatible with family-oriented activity where young children and teenagers are present. While we realize that some residents in the harbor do enjoy the activity of a party atmosphere, there are many who do not and prefer to havea more mellow environment. My question is, 1S there an ordinance which deals with decibel levels in a residential area and has this been enforced? Is it possible to create a buffer zone between Popeye's and the marina to ensure that both parties are allowed to carry on their intended business without infringing on each other's rights? 112. PARKING LOT: It There have been concerns about motorcycles blocking the entrance to the docks. Also, we have had trouble with broken bottles under tires and half-full beer cups being left on roofs and hoods of our cars. Is it possible to provide us with additional patrols to monitor the parking lot on weekend evenings? r s ge ' #3. SERVICE ROAD: Please correct me if! I'm wrong, but we were of the understanding that the service road which r~ns parallel to the railroad tracks behind Popeye's is i an emergency exit. ~here have been many instances in which cars are parked in such a way as to block the road. Is there a way of keeping this exit free and clear? e #4. I i TRANSIENT BOAT PARKI G FOR POPEYE'S CUSTOMERS: Among, other problemsl, we must deal with boaters who wish to use the outside of Dock A for courtesy parking while visiting Popeye's. While this may have i worked before the se~urity gates were installed at all entrances, it is no longer acceptable. ~hiS leads to arguments on the docks, and disappointments among those who WOU1~ like to go to Popeye's by boat, but have no place to park. They become frustrated and.agitated when they are unable to exit the docks. Are there any plans now or in the future to provide courtesy docking for Popeye's patrons? In closing, I would like to say that we do not begrudge Popeye's their s~ccess, but only want to co-exist iJ.n harmony with them. After all, I do believe we are all here because we enjo~ boating, we enjoy Stillwater, and ask only that we be allowed a peaceful ex~stence in a safe and secure marina, free of harrasement. e I appreciate i the audiencJ your supportl I i that there are other concerned members here tonight. and thank you for your kind attention. I can see in e e JUL-19-1991 09:52 FROM SEH INC. TO STILLWATER P.02 ~Sal 9IG'NttItS. ARCHtnCTS. PLANNERS 3SZS VAONAIS CE!NTE~ OItIVE. ST. PAUL, MINNESOTA 5S110 612 490.2000 e e July 19, 1991 RE: STILLWATER, MINNESOTA CITY ENGINEER SEH FILE NO: 89114 Honorable Mayor and City Council City of Stillwater . 216 North Fourth street Stillwater, MN 55082 Dear Council Members: We were requested to review a drainage concern for properties on Sycamore Street in the Westphal Heights subdivision west of County Road 5. The Martin residence at 1020 Sycamore has installed a pool and completed some grading. They are concerned about drainage on a drainage easement and storm sewer outlet on their neighbor's lo~ to the north. The Martins wish to landscape around their pool and do some additional filling. They have requested that a storm sewer be extended by pipe past their lot. We are enclosing a section of the plat indicating the properties in question and the easement. After reviewing the drainage with Mr. Junker, I feel it is best to do a survey of the properties in question to locate the actual utility easement that the City has, shoot some elevations and prepare a letter report for the Council to review, considering all the facets and requests of the property owners. We have estimated the cost of a study and survey and any estimated construction costs for recommendations at $3,250. We would perform the work in accordance with our existing contract. I would be happy to discuss this with the Council at their convenience. ~ Richard E. Moore, P.E. City Engineer REM/Cih cc: Nile Kriesel, City Coordinator David Junker, Public Works Director Diane Deblon, Finance Director , 1"'-1'& I.{.YC \ ';: /...... 'v" t..../.- , ........ '\. 888"52'51'" - - - ~9G 02. .-_. __' .. ~ LINE OF SOJT" &4!lOFtE, II Jl./tIlI~'fJ\/4,..SW\l4 SEC, 2.\ .. I ___~;IiK/SNr pfl 4V~ "ON " .. '42.95-- ~ 0' .....~....-..'..,.... '" \./' \j\J ~ /'f"" H /f t--- ..' ....... _J J _..- \88.0" .. .. _.. \5\2;\...... " ..... " -=.. '7 . ,"" ,.( , ... ......' ;'.... I,' ,I', , #,..... .. 4.. ... ,..... "Ill \ '" . ,,' \.J Jt . ftE.E\ ,-,filE' - ,-.."..... , Wi y . 1n<1l oy.... . - -- -- '!-- (/'I' , , -~ "':'. "'-.I '1. " ---- ~-- "' \...': ." 1ft} ~ \ , \ , {'- \ \ \ \ \ , \ \....... , \ I , \ \ \ \ ,,- " \ \ I \ \ , \ ....... _.- ...., .:.~ ~::J ~:~l ,...." '.' \".!.- ~..": ",:L t:~. ':J'- ~... "............._J ,.,' \0..... () \ . , \ I \ \ I iOiAL ?03 II - - QiillYYater '~ ~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: FROM: MAYOR AND CITY COUNCIL V\ ~ DIANE DEBLDN, FINANCE DIRECTOR ,jJ ~ JUL Y 19, 1991 1992 BUDGET WORKSHOPS DATE: SUBJECT: The first 1992 budget meeting viill be held on July 30 at 3:30. The following Department Heads will be in attendance. to review their 1992 budget requests with the City Council: Police Chief, Fire Chief, Public Works Director, Library Director, City Coordinator and Finance Director. At this time, I am requesting the City Council to schedule two additional Budget Workshops (August 13 and August 27). The workshop on August 13 will be scheduled to meet with the remaining Department Heads to review their budget requests. By August 27, the City of Stillwater should be ready to finalize the proposed tax levy and proposed budget. For Truth in Taxation purposes, the deadline is September 1st for adopting a proposed levy and budget. Dependi ng on how the pri or budget meeti ngs progress, addi ti onal lfeeti ngs may be required prior to August 27th. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e July 17, 1991 Mayor Wally Abrahamson City of stillwater City Hall 216 North Fourth street Stillwater, MN 55082 Dear Mayor: I wanted to personally thank you for your assistance in seeing to it that our modification request was reviewed by City Council last night. As you were aware, we were in quite a hurry to meet the needs of our buyer and through your help we were able to accomplish a number of items. Thank you! -- In addition, the City Attorney, Dave Magnuson, was very helpful in reviewing our request to approve a resolution to vacate an additional street located on the property. I came away with a very strong and favorable oplnlon of your staff and have relayed this to the President of st. Anthony Park state Bank, W. Andrew Boss. Thanks again! :1;;' (hJ Galen J tie Assistant Vice President cc: Dave Magnuson W. Andrew Boss - gc/435/sh Jl:IrIiIJarIk St.AnthonyParkStateBank ~~t;;j Como Avenup. St. Paul, MN iJiJlOH. fiI2fj,17-01:H · FAX f)J~-fj47.()I:-;~) ~ ~ '-- 5555 MARGARET RIVERS FUND 200 EAST CHESTNUT STREET P. O. BOX 197 STILLWATER, MINNESOTA 55082 July 12. 9 75-41/919 19~ PAY ~ ~mOF City of Stillwater Eighteen thousand and no/100 cents ~".R STILLWATER """-@ BANK, N.A. Stillwater, MN 55082 ---., ".. >~"--,,,,"~,....', .'. "". _.....~...,;~- " ~'.-........ $ . ': 18,000.00 : .-...--..---.<-...-.....-. I -------------------------------------- DOLLARS MARGARET RIVERS FUND \ . 4J I i , FOR ~L, . III 0 0 5 5 5 5 III .: 0 q ~ q DOL. ~ 0 .- ___ .__~.~ _ _ _:~~__ ~'~__. T....-~~----=."..."........,'" ,~"-...~."'''',....-''''",,'IT,.,,....... ----- -.---- "" - ,.,. .... " __ ... ..._li -,.-. h1 (6v~-f. rA-A/~./CA/ _~ '. .. d/ _ / ......--- " /J II /tJU/t) U'\u."i---CU/'J 7A'~'f-( ~~ . ~'"-" O-CV( -^fr:~+A - fH /I~~ f~J~J CJ-~ J CJ jA,.J- C"- J?~ I ~1'L60l)V~ \ crl t2u~ } '1 '- 0 . a-~ 7J /. c/vT'-f ~1 . O-()j\~{ ( dL~,t { Gfc~t~~ ~Y7 .~ / /> :/ / / _L./Lf / - e RESOLUTION NO. 91-149 A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 744, A MODIFICATION OF THE ZONING ORDINANCE BY TITLE AND SUMMARY WHEREAS, an amendment to the zoning ordinance, including a comprehensive reorganization, clarification and minor modification was proposed by the Community Development Director and the Planning Commission and thereafter, the City Council, at their regular meeting on the 21st day of May, 1991, conducted the first reading of Ordinance No. 744 amending the City Code to include the amendment and thereafter, the Council set the second reading of the ordinance and the date of its adoption per the 18th of June, 1991, the Council ordered that Notice be published in the Stillwater Courier, the legal newspaper for the City setting forth that a public hearing would be held on the adoption of the ordinance, and on the 6th of June, 1991, publication of the notice of the hearing was made in the Courier and, WHEREAS, at the Hearing, after all persons were given an opportunity to be heard, the Mayor closed the Hearing, and upon motion made and seconded the Council, by unanimous vote passed and approved Ordinance No. 744 and, e WHEREAS, Article V, Section 5.03F of the Stillwater City Charter provides that in the case of lengthy ordinances, a Title and Summary of the Ordinance may be authorized by the Council upon a finding that the Title and Summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE, be it resolved by the City Council of the City of Stillwater that the Title and Summary of Ordinance No. 744, amending the Zoning Ordinance section of the Stillwater City Code attached hereto as Exhibit "A" be in the same hereby is approved for publication in lieu of a publication of the entire text of the ordinance. Enacted by the City Council this 23rd day of July, 1991. Wally Abrahamson, Mayor ATTEST: It Mary Lou Johnson, Clerk TITLE AND SUMMARY OF ORDINANCE NO. 744 e An Zoning. d' I d' or lnanc~ amen lng TITLE: the Stillwater City Code, Chapter 31, SUMMARY OF ORDINANCE: Ordinance Nd. 744 rearranges and recodifies the Zoning Ordinance into a comprehensive and readable document. Since the Ordinance in its :torm before the adoption of this Ordinance had been adopted in ~ peace meal fashion and certain requirements that should have tome under the heading of Zoning Ordinance had been contained in other sections of the City Code, this comprehensive upd te was necessary. No substantive additions to the Zoning Ordinance were incorporated into the Zoning Ordinance by this change th~at were not already contained in various portions of the City Code. A printed COi y of Ordinance No. 744 is available for inspection by any person during the regular office hours of the City Clerk and, and a copy of the Ordinance is available for inspection at the Stillwater Public Library. Authorized br the City Council this 23rd day of July, 1991. e Mary Lou Johnson Stillwater City Clerk e e City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: Mayor Wally Abrahamson De ar t1r. Mayor: - I am writing this letter to inform you and the council of the damage which we have incurred due to the construction on Main Street. On July 10, 1991 at 7 a.m. due to the rain that filled a four-foot hole along side our building, John~s Bar, the foundation received damage and water and sand was washed into our basement. We now have holes in our foundation, and everyday since when it has rained, water seeps into our basement. This is very upsetting as we probably have the only basement in Stillwater that had never had water in it before this. On July 12, 1991 after they put the new sewer and fire pipes in our building, we have'been unable to open our front door because the door settled so badly. It tooK Harold Johnson and myself, 1 ifting on each side with a crowbar, to get the door open. As a result of the damage to our front door, it now taKes two people to locK and unlocK our door. On July 16, 1991, we observed that the bacK wall on the outside of our building which had a hairl ine cracK, now began to open wider and wider. It is my hope that the counc i 1 wi 11 taKe an act i ve interest in seeing that repairs will be made to return our building to its previous status before the damage occurred. I appreciate your full cooperation. Sincerely, tf?~J ~~ Rob""! Hinz ~ J.L.H. Inc. John~s Bar 302 South Main St. Stillwater, MN 55082 CC Johnson Brothers Construction Mr. Richard Moore Steve Russe 11 -- e ....Sal ENCINEERS. ARCHITECTS. PLANNERS 3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55710 612490-2000 July 18, 1991 RE: STILLWATER, MINNESOTA CITY ENGINEER MSA FILE Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Council Members: e The City received a notice from the Municipal State-Aid Needs Manager, Kenneth Straus, of the Minnesota Department of Trans- portation, regarding the fund balance in the City's construction fund for municipal state-aid. Mr. straus has indicated an excess balance of $364,218, which must be reduced by September 1, 1991 to avoid an adjustment to the money needs. We are enclosing a copy of Mr. Straus's letter for the Council's information. This excess balance does not include the monies Curve Crest Boulevard and monies that will be Second Street and Myrtle Street in the downtown state-aid department approves them. encumbered for encumbered on proj ect if the The funding for the proposed state-aid projects on this year's program are as follows: Curve Crest - L.I. 271 S.A.P. 169-112-07 Engineering Second Street - L.I. 257 S.A.P. 169-106-04 Engineering $l24,226 (Bid) 9,938 (Est) $152,478 (Bid) 12,198 (Est) $ 70,500 (Bid 5,640 (Est) $374,980 Myrtle Street - L.I. 257 S.A.P. 169-104-06 Engineering e Total Projects - 1991 SHORT ELLIOTT HENDRICKSON INC ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN City of stillwater July 18, 1991 Page #2 e I We feel that th~ City can meet the state-aid regulations for expenditures of their construction fund if the Myrtle street right-of-way is granted and if they allow the City to proceed with the state-aid construction on both Second street and Myrtle Street and fund .tioth of these projects. There has been some new legislation affecting state-aid funding that was part of the transportation bill, passed by the Governor thi.s yea.i'. O.-.:.C. ,of the allcwa.Iice~ i:pat !ilastn~r!e. onMSA fl,U)d5ng was to permit ~ municipality to. request and receive advance funding on MSA ~treets, permitting the funding of up to three years of allocation of their normal allotment. That is, the City may apply the entire yearly allocation each year for three years against a projecl' This will not make it necessary for the City to try to keep the construction fund balance at a reasonable level to complet a project, and will not be detrimental to the City's funding i~ they do not spend the required amount each year and their needs -land apportionment is reduced; because the City will have the po*er to request advance funding which also brings their needs allocation back to the normal fundable amount. 4It We will discuss ~his with the Council further if you wish at your convenience. I Richard E. Moore, P.E. City Engineer REM/cih cc: Diane Deblon, Finance Director Nile Kriesel City Coordinator David Junker Public Works Director e / '~ e - e :5 A P /&:.q-I/z_ -- 07 1i/Z.cf-/ZZ~ /yfrL R(~\~I'lE~Sol:q 1q. ~ I- ::0 ~ ...... It' -;, 0 ~-})- 4 OF TRI>-~ July 10, 1991 Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 f<.ECEIVED SHORT ELLIOTT HENOR((',K~ON.INC'(612) 296-1662 JUL 11 1991 ST. PAUL In reply refer to: Second Notice of Excess Unencumbered Construction Fund Balance Dear /?t./t--. ~ / The present Screening Board Resolution states that whenever a municipality's construction fund balance available as of September 1, of the current year, not including the current year's allotment, exceeds $500,000 (Amount revised by the June Screening Board) or two times their annual construction allotment (whichever is greater), shall receive an adjustment to their money needs. . Our records show that as of June 30, 1991 you have a balance of $l;1 i I~ 33 3 available for construction. According to the guidelines set forth by the screening Board Resolution, you have an excess balance of $ 30'1 ~ /g- . This excess must be reduced by September 1, 1991 to avoid an adjustment to the money needs. Any excess above the specified limits will result in $ ~/~~~~ loss of money needs. The effect of this loss for the 1992 apportionment, based on the 1991 apportionment, will be approximately $ 6/; :30 ~ . A copy of this notice was also sent to the Municipal Clerk when a Consulting Engineer is retained. See the enclosed computation sheet and resolution for details. You are not required to inform me how you intend to reduce the excess balance by September 1. If there are questions regarding your fund balance, please feel free to call me at the above number. Sincerely, .' /, I- , /. d I /, . ~. / a~th sfriu~(,!~t /~ Municipal State Aid Needs Manager An Eoual ()nr'tlrlltlllt\. 1-~",,,I..\'LJr <'--1:. .___~.,. .--,,",,>;..a' NATIONAL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATION 1620 Eye Street, N.W: . Fourth Floor · Washington, D.C. 20006 · (202) 296-2230 . PELRA 20 YEARS 1971.1991 ! !Action Alert!! July 17, 1991 Last week the Senate passed a Police Officers' Bill of Rights (POBR) along with the Omnibus Crime Bill. Senator Joseph Biden (D-DE) had introduced the POBR a few weeks earlier and had it included in the Crime Bill without a hearing. At this point, the House is developing a crime package of its own and there is a strong possibility that a similar POBR will be included. e NPELRA strongly opposes a federally mandated POBR. And, now is time to let all of the members of the House Judiciarv Committee, and your own Congressman, too, know how you feel about the proposal. We have attached (1) a listing of the members of the House Committee on the Judiciary, (2) a sample or draft letter that your and/or your elected officials might send to the members of the Committee and your own Congressman, and (3) a copy of the POBR that passed the Senate. Time is important. While we cannot ascertain the precise timetable for moving the crime bill--possibly including the POBR--we all need to act immediatel v to stop any momentum POBR has in the Committee. Please remember to provide NPELRA' s Washington Office with a copy of any correspondence you send. If you have any questions, please call the Washington office at (202) 296-2230. e promoting excellence in labor relations in support of public management ~o.,'\ '}~ q, ~v e e e , SAMPLE LETTER Dear Congressman [ ] : We need your assistance. As a member of the Judiciary Committee you know that the Senate's Crime Bill contains a Police Officers' Bill of Rights. We would like you to know that [name of jurisdiction] applauds your efforts to fashion a Crime Bill that responds to the problems we face, but we do not support the inclusion of a police bill of rights. The Senate version of a Police Officers' Bill of Rights would: 1) Restrict the ability of elected officials and their pOlice chiefs to investigate allegations of police misconduct or excessive use of force at a time when many local police departments are struggling with the problems of internal corruption and questionable tactics. 2) Impose excessively legalistic federally established procedural rights that would cause police chiefs and their subordinate managers and supervisors no end of confusion in the day to day supervision, training, coaching, and disciplining of police officers. 3) Singles out one occupation for extraordinary federal protection. Other occupations also must make life and death decisions, e.g., doctors, military personnel, pilots, nurses, nuclear engineers. Singling out police officers for special treatment does not make sense. These are the major flaws with the proposed Police Officers' Bill of Rights. There are more that could be raised. Further, while a number of states have passed such legislation, others have consistently rejected it. Given the fact that most, if not all, police officers already have civil service protection, and that a significant number also have collectively bargained job protection, there is simply no need for a Police Officers Bill of Rights. We thank you for your help. .. e CONGRESSIONAL RECORD - SENATE ilEay 14. 1:J:J 1 ote what the AuciUy pro- ~d protec- . tnvestigati ~esttgatio w ask unanimous cun- et laying OUt elc. g <;;ith a. copy of has a number EC01iD. the mate- cd in the fac the bill . which a.lre 3, be printed in here being no objec ial was ordered to be p RECORD. as follows: S. 1043 Be it enacted bV th.~ Se':7.C'.te a.nd House of Repnsentativu of the United St~~s of America in Congress a.uembled. SEcrtOS 1. SaOllT TITLE. This Act may be cited us the "Police OHio cers' Bill of Righta Act 01 1391". !oEC. z. UIGHTS OF I.AW E~ORCE~.lE.''T OffiCERS. Put H of title 1 ot the Omnibus Crime Control and S3!e Streets Act of !:}68 (42 U.S.C, 3781 et. seQ.) Is a.:nended by addmg at the end thereof the following r.ew !ectior.: "RIGllTS or LAW mJ'OltC~ CfrIC!:F.S "SEC. 819. (a) ~OLITIC.\L' i..':"ftvITT.- Except wl~en on duty or acting in a.n official capacitv, no law enforcement officer shall be prohibited from enpging in pol!tical ac- tivity or be dented the right to retrain from engaging in such activity. "(b) RIGHTS or LAw Eln"oRCEKEln' OFFI- CERS WHILE UNllD lKvnT1GATIOIf.-Whpn a law enforcement officer is under investiga- tion or is subjei:ted to quutioning for L'lY reuon. other than 111 connection with an 111- vestigation or action described 111 subsectton (h), under circumstances that could lead to disciplinary action. the followtnl minimum standards shall apply: "(1) QuestioniDc of the law enforcemerAt ofiicer shall be conducted a.t a reasonable hour, preferablY when the law entorcement officer Is on duty. unless exigent circum- stances otherw1ae require. "(2) Questioninc of tl~e law enforcement officer sh&ll t.Ue Pla.ce at the oHlces of thoae conduct1nc the in\'estigation or the place ,,'here such law enforcement officer reports for duty unless the officer consents in writin. to being questioned elsewhere. "(3) The law enforcement officer under in. vestlgation shall be lnformed. at the com. mellcement of any questioninit. of the name. rank. and command of the offIcer conduct. ing the Questionina- . "(4) Durinl any single period of Question- 109 of the law enforcement oiflcer. all ques- tiorus shall be aslted by or through a single investigator. "(5) The law enforcement offfcer under In. vestiption shall be infonned 111 writing of the nature of the investigation prior to :my Questioning. "(6) Any questioning of a law tnforcement offIcer in connection with an investigation shall be for a reasonable period of time and shall allow for rl"Uonable periods for the rest and personal necessities of the la.w en- forcement officer. "(7) No threat against. harusment of. or - promise or reward (except an offer of immu- nity from prosecution) to any la.w enforce- ment officer shall be made in connection v.1th an investigt.tion to l."lduce the a."lSWer- inl of any quest1on. "(8) All questioning of any law enforce- ment oUlcer in connection with the investi- gation shall be recorded in full in wntin8 or by electronic device. and a copy of the tran- script ah&l1 be made available to the officer under in,,.estlgt.tion. "(9) The law enforcement officer under in. vestigation shall be entitled to the presence of counsel (or any other one person of the oif1cer's ~hoice) at any questioDinC of the oiiicer. unless the officer consenu in writ- ing to being questioned outside the presence of counsel. "(10) At the conclusion of the in....estllta. HOn. the person in chug" ot the in....f'st1~a- tion shall lnform the law enforcement offi. cer under tnvestintion. in wTitl.n8. of the in. \'estigati\'e findina and any recom.r.:lenda- tlon for disciplic:lrY action that the pe!"Son Ir.tends Lo make. "<11> .\. law enforcement. officer u-ho is brought before a disciplinary hearinlt shall be pro\;ded access to all transcripts. recordS. ~7itten statements. v.7itten reports a.,d :malYses and video tapes pertinent to the ca.sethat- "CA) cont.3.in exculpatory information: "(B) are intended to support any discipll. nary action: or "CC) are to be introduced in the discipli- nary hearing. "(c) O?PORTUtHTY FOR " HEARIIfG.-( 1> F.xcept In a case of summary punishment or ~mergency suspension described In subsec. don (d). it n.n lnv~tigation of a law enforce- ment officer results In a recommendntton of disCipJlnary action. tha l:t.w enforcement agency sha.ll noUfy the law enforcement of. ficer that the o{{lcer is entitled to a hearing on the ~ues by a heartng officer or ~oard. "(2}(A) Subject to subparasraph (8), a State shall determine the composition of . dl.scipllnary heannl board and the prace- duns for a disciplinary hearing. "(B> A disciplinary heartnc b;:)ard th~t In- cludes employees of the law enforcement agency of which the officer who Is the sub- ject of the hea.r1n8 11 a member shall in. clude at !ea.at one law enforcement officer of equal or lesser rarAk to the officer who is the subject of the hearin8. "C3> A disciplinary hearin8 board shall not have power to impose d1sciplinar'J' action against a law enfcrcement ofncer that Is more severe than the action recommended by the person in charge of the inve&tisRtlon of the officer. "(d) SUUKAAY P'lnnSBMJ:lft' A1CD EM.ERccc- CY SOSPEKSIOIf.-( 1) Th1s section does not preclude a State from providinl for swuma- ry punishment or emergency suspension {or mIsconduct by no la.w enforcement oUicer. "(2) An emeu;ency suspension shall not affect or lnIringe on the health benefits ot :\ law enforcement officer. "(e) NOTICE OrDISCIPLIJlARY AcTIOH.- Wnen disciplinary action is to be taken againat a. la.w enforcement officer, the oin- Cl~r shall be notified of the acIJon and the reasons therefor a reasonable t.ime before the action takes effect. "cn RftALIATIOIf 1'0. EXDCISIXG RIGKrS.- There shall be no penalty or threat of penalty agalnst. a law enlorcement off1cel' {or the exercise of the oUicer's rights under this section. "cg) 0TH:EJl ReMEDIES Nor IlIlPAIRD.-(l) Nothin8 in this section shall be construed to Impair any otller legal remedY that a law enforcement officer haa WIth respect to any ri~hta under this section. "(2) A law emorcement officer may waive any of the righu auaranteed by this section. "(h) ArPLICATIOIf or SIlCTIOIf.-Thla sec- tion does not apply in the cue of- "(1) an investigation ot crtminal conduct by a law enforcement officer. or "(2) a nondiscipllnary a.ct.ion taken in good faith on the buil of a law enforcement orn- cera employment-related performance. "(1) DutlUnOl'fs.-Fol' the purpoeea of th1l aection- ..... . Jttlay 11;, 1991 CONGRESSIONAL RECORD-SENATE e "(1) the term 'disciplinary action' means the suspension. demotion. reduction in pay or other employment benefit. dl~mi~l. transfer, or s1mllar action taken against a law enforcement officer as punishment for misconduct; "(2) the term 'emergency suspension' means temporary action imposed by the head of the law enforcement agency when that official determines that the action Is in the best interests of the public: "(3) the term 'summary punishment' means punishment imposed for a minor vio- lation of a law enforcement agency's rules and regulations that does not result in disci- plinary action; "(4) the term 'law enforcement agency' means a public agency charged by law with the duty to investigate crimes or apprehend or hold in custody persons charged with or convicted of crimes: and "(5) the term 'law enforcement officer' means a full-time police officer, sheriff, or correctional officer of a law enforcement agency. "(j) PaOHtBITIOlf or ADVDSE MATERIAL IN On'ICJ:R'S F'n.L-A law enforcement agency sh&ll not insert any adverse material into the file of any law enforcement officer unless the officer has had an opportunity to re\iew and comment in writing on the ad- verse material. "(k) DISCLOSURE OF PERSONAL AssE'l's.-A law enforcement officer sh&ll not be re- Quired or requested to disclose any item of the officer's personal property, income. asseta.sources of income. debts. personal or domestic expenditures (including those of any member of "the officer's household), unless "(1) the information is necessary in inves- tigating a violation of any Federal. State, or local law, rule. or regulation with respect to the performance of official duties: or "(2) such disclosure is required by Federal. State, or local law. "(1) Em'oRCDIJ:N'1' OF PaOTZCTlOlfS FOR LAw ENFORC'DIDT OrnCERS.-( 1) A State shall have not more than :lleglslatiVe sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights for law enforce- ment officers that are substanti&lly similar to the rights afforded under this section. "(2) After the expiration of the time limit described in paragraph (1). a law enforce- ment officer shall have a cause of action in State court for the recovery of pecuniary and other damages and full reinstatement against a law enforcement agency that ma- terially violates the righta afforded by this sectlon. "(3) The sovereign immunity of a State sh&ll not apply in the case of a violation of the rights afforded by thJa section. "(m) STATES' RIGBTS.-Thta section does not preempt State law or collective bargain- ing agreements or d1scuss1ona durtnc the collective b&rPin.ina process that provide rights for law enforcement officers that are substantially similar to the rights afforded by this section.". e The bi: reflects t compron that this objectior