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<br />Kennedy <br /> <br />470 Pillsbury Center <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br /> <br /> <br />JAMES M. STROMMEN <br />Attorney at Law <br />Direct Dial (612) 337-9233 <br />ernai1: jstrommen@kennedy-graven.com <br /> <br />August 17, 1999 <br /> <br />\ \'1\\ <br />~~Y <br /> <br />Mayor Stephanie Klinzing and City Council <br />City of Elk River . , <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330 <br /> <br />Re: City-Public Utilities Commission Personnel Sharing <br /> <br />Dear Mayor Klinzing and Council: <br /> <br />. <br /> <br />Qur.f1!111has been retained to review the following issue: whether the City of Elk River ("City") <br />and,the. City'.Municipa!UtilitiesCommissio,n ("Commi~sjon'~)may enter.into an agreement by <br />which asingleymployee performs "superintendent" dutiesfallingunder>the separate jurisdiction <br />of-the City (sanitary sewer system) and the, Commission (water system), respectively. <br />Alternatively stated, the issue is whether there is any legal prohibition against the City and <br />Commission agreeing to share the employee filling the described superintendent positions. In <br />my opinion, there is no legal prohibition if the City-Commission sharing agreement ensures a <br />separation of duties and jurisdiction. <br /> <br />. <br /> <br />To answer this question, the following information has been provided. The City operates the <br />sanitary sewer system and the personnel hired to cany out its operation report to the City <br />administrator imd to .~he City council. The' Commission operates the City water,'system. The' <br />Commission is governed by Minnesota Statutes, Sections 412.321 to 412.391 and Sections <br />210.00-210.14 of the City Code. Personnel hired by the Commission report to the general <br />manager, who answers to the Commission. The shared position contemplated is created by the <br />retirement of both the City wastewater treatment system superintendent and the Commission's <br />water superintendent. The "essential functions" of the wastewater treatment system <br />superintendent include responsibility for "operation and management" of the facilities, collection <br />system, lift stations, building and grounds and the application of bio-solids. The water <br />~uperintendent position includes metering, water testing, water production and distribution and <br />environmental. compliance to ope:rate the City water system. It is assumed that these positions <br />draw on the same type of operational expertise and can be carned out adequately by one full-time <br />employee: ' , '.. ;~,., <br /> <br />]MS-167431 <br />EL185-4 <br />