4. Memorandum to CouncilmembersECKBERG LAMMERS
MEMORANDUM
TO: Scandia City Council Members
FROM: Mike McCain
DATE: July 29, 2014
RE: Use Policy Recommendation
After careful review and consideration it is my recommendation that the City of Scandia ("City")
pass the attached Use of City Vehicles, Equipment, Supplies, Tools Uniforms and Facilities
policy ("Use Policy"). Among other things, the Use Policy specifically prohibits employees
from using City facilities for non -work related activities such as washing or performing light
maintenance on personal vehicles.
During the June 4, 2014 work session, members of the fire department stated that washing and
light maintenance of personal vehicles was necessary to ensure vehicle upkeep and safety when
using personal vehicles during emergency calls. This was the first time I became aware that
members were responding to emergencies with personal vehicles. This fact gave me pause that
the City needed to think through the issue and I could potentially craft a policy demonstrating a
public purpose for washing and light maintenance of personal vehicles. However, since the June
4th work session, there have been several issues that have solidified my opinion that the City
should pass the "black and white" Use Policy applicable to all City employees prohibiting the
washing and light maintenance of personal vehicles at City facilities.
Meeting with Fire Chief, Public Works Director and City Administrator
On June 11, 2014, I met with the City's Fire Chief, Public Works Director and City
Administrator. During this discussion, I asked the Fire Chief to provide me with an estimate of
the members who use personal vehicles to respond to emergency calls. The Fire Chief
responded that mayb twenty-five percent (25%) of members actually use personal vehicles to
respond to emergency calls. Of this twenty-five percent (25%), a member usually responds to an
emergency in a personal vehicle because the member was in closer proximity to the emergency
than the fire station. In sum, most firefighters do not use personal vehicles to respond to
emergency fire calls and the primary reason for allowing personal vehicle washing or light
maintenance at the fire station is to provide a private, non -monetary benefit for the membership
rather than for safety and/or upkeep of personal vehicles used in response to emergencies.
In order for this type of public expenditure to be lawful, there must be a public purpose for the
expenditure and there must be specific or implied authority for the expenditure in statute or in
the City's charter. In order for an activity to meet a "public purpose", the activity must:
1) Benefit the community as a body;
2) Directly relate to the functions of government; and
3) Not have as its primary objective the benefit of a private interest.
None of the public purpose factors above permit the City to make available its resources for the
washing and/or light maintenance of personal vehicles within City facilities. The vast majority
of member firefighters use the City's fire equipment to respond to emergency calls. This is not a
safety and upkeep issue for the membership that will benefit the public. The primary objective
of the requested car wash and light maintenance exception for members is a private, non -
monetary benefit. Therefore, I cannot find any public purpose for allowance of the expenditure.
The State Auditor's Letter Memo
Additionally, the City does not have any specific or implied authority for the proposed
expenditure. Within the last couple of weeks I discovered a letter memo dated February 13,
2014 from the Office of the State Auditor ("OSA") to the City of Owatonna. The letter is
attached as Exhibit A. The letter provided guidance to the City of Owatonna regarding the
city's policy allowing city employees to use Owatonna's shop wash bay to clean personal
vehicles. Although the OSA did not necessarily prohibit Owatonna's policy or take further
action against the city, the OSA clearly stated:
... [T]he Minnesota Attorney General's Office has taken the
position that nonmonetary benefits to public officers and
employees must be specifically authorized by law. A
public employee's personal use of public resources is a
nonmonetary benefit to the public employee.
The OSA is unaware of any specific authority that would
allow city employees to use city facilities or equipment for
non -work related purposes on any basis other than that
afforded to the general public.
This is a significant warning by the OSA. In essence, the OSA makes clear that there is no state
statute that would give the City authority to award nonmonetary benefits (in Scandia's case
washing and light maintenance of personal vehicles) to public officers and employees. I am not
aware of any City Ordinance that would give this authority either. Thus, there is neither a public
purpose nor specific or implied authority for the City to authorize such a private, non -monetary
benefit to member firefighters or any other City employee.
Lake Elmo's Vehicle Washing Policy
During the June 4th work session, members of the fire department stated that the City of Lake
Elmo allowed city employees to wash their personal vehicles. The members contended that if
Lake Elmo's leadership approved and implemented a similar policy then the City should follow
suit. However, Lake Elmo's City Administrator recently informed Kristina Handt that it plans to
eliminate the policy. Apparently, the League of Minnesota Cities encouraged Lake Elmo to
eliminate the policy for liability reasons.
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Conclusion
For the reasons set forth above, the City should adopt the attached Use Policy and avoid the
temptation of permitting the washing and/or light maintenance of personal vehicles on City
property and/or in City facilities. The City Council is without public purpose and/or authority to
permit the public expenditure and such a policy will increase the City's exposure to liability.
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