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10/18/2004 BWS - 4582� � William W. Burns M E M O R A N D U M City Manager arr aF FRIDLEI( Memo to: The Mayor and Council (),) From: William W. Burns, City Manager �1��� Subject: Budget Work Session Date: 10-12-04 Staff has met on several occasions to discuss the October budget work session. We would like to recommend that Council use its time on Monday night to focus on the following budget topics: 1. Cost of living adjustment (COLA) for City employees. 2. Employee health insurance benefits for 2005. 3. Recommendations for reducing the number of tennis courts in City parks. 4. A review of the likely tax impact of the proposed 2005 City property tax levy. 5. The addition of 73rd Avenue resurfacing to the Capital Improvements budget. 6. Update on Utility Rates. 7. Restoration of items cut from 2004 budget: a. University Avenue corridor mowing. b. Employee tuition reimbursement. c. Restoration of funding for national conferences. d. Citizen Survey. e. Contribution to Mediation Services of Anoka County. f. Others? We have attached staff inemos and recommendations on these items. The meeting will start at 7:00 p.m. in Meeting Room 1 on the lower level. I plan on having Rick Pribyl, Jon Haukaas, Deb Dahl and Jack Kirk there to join our discussion. Attachments emo �� To: William W. Burns, City Manager � From: Deborah Dahl, Human Resources Director �� Date: October 15, 2004 Re: RECOn��NDATIONS FOR 10/18/04 COiTNCIL BUDGET MEETING As you make your final decisions for the 2005 budget, I am making the following recommendations for you and the Council to consider: A. Cost of Living Adjustment for 2005 Recommendation: Award 3% COLA to all groups for 2005 at an additional cost of approa�imately $104,315. Rationale: a) As you are aware, the City budgeted a 2% COLA for a11 groups in 2005. The police patrol union requested arbitration and was awarded a 3% cost of living adjustment far 2004 and 2005. Giving non-unions and other unions the same adjustment for 2005 is the fair thing to do and will provide consistency as well as minimi�e further grievances or arbitrations. b) This recommendation includes the back-pay of the additional 1% for patrol and sergeants for 2004 at a cost of approx. $23,988. c) Labor Relations Associates (the City's labor consultants) has reported an average increase of 3.1 % for patrol union wages in 2004. Seven (� of the Twenty-three (23) cities who have settled far 2005, reported an increase of 2.7%. d) At a 2% COLA for 2004, Fridley continues to trail the market The 2004 Twin Cities Metro Area Comp Survey, compiled by Stanton Group, has reported the following for all groups: • An average of 2.7% overall increase in pay structure (ranges) occurred between 2003 and 2004. • Group 5 cities received 2.8% COLA. • Nationwide Cost of Living Adjustment - 2.1% (CPI for Urban Wage Earners and Clerical Workers, CPI-V� • Minneapolis-S� Paul Cost of Living Adjustrnent -1.6% (CPI-V� e) Metro Area TUG List (Public Sectar HR Directors and Managers) reported COLA increases at an average increase of 2.46% for 2004 and 2.88% for 2005 (Aug. 2004). B. Recommendation: Approve the City's health insurance contribution and renew the contracts with HealthPartners and Delta Dental. Rationale: • The City prepared and budgeted for a 15% increase in health insurance for 2005 and a 5% increase in dental coverage. In August, we received a renewal rate of 16% with HealthPartners. Our insurance broker, Financial Concepts, Inc. was able to negotiate with the carrier and receive a final renewal of just 9%. They said that the City's wellness program and lower claims experience were major factors in reducing the renewal rate. By using a renewal rate of 9% and revising changes in participation, the City will realize a savings of approaumately $29,000 in 2005. • I am recommending that the City maintain coverage with HealthPartners and keep the same plan design and contribution levels. • The renewal for the dental plan came back at no increase for the current plans. Since the City of Fridley has fallen behind in the contribution amounts for employees compazed to other cities, I have recommended an increase in the City's contribution from $15 to $20 per month. This figure is already built into the 2005 budget so you will not see any additional impact to the budget. • In a11 of our benefit plans, we will continue to look at the marketplace to offer attractive and competitive plans as well as control costs and exposure to the City. While we have been strongly considering offering high deductible plans (eg. HRA/HAS's) I am not yet comfortable with this option in 2005, due to little experience and participation within other cities, the uncertainty as to the survivorship of the funds, as well as the complicated implementation/education process. C. Recommendation: Fund up to $34,736 in overtime pay for sergeants. Rallonale: This was an unbudgeted expense for 2005. As you are aware, the new Fair Labor Standards Act rules have been amended as of August 2004. Police sergeants who were previously considered to be exempt from overtime, are now considered to be first responders and, therefore, should be classified as hourly and receive overtime. In order to comply with federal standards, the City is required to pay overtime to this classification. • This estimate includes a 3% COLA and is considered to be the m�imum or worst case scenario. It is more probable that some sergeants will elect to take compensatory time in lieu of overtime, which may further reduce this projection. D. Recommendation: Authorize up to $40,000 in Compensation and Classification Adjustments Rationale: • Because of recent budget reductions, the City has delayed or deferred any job reclassifications or market adjustments for two years, affecting our ability to remain competitive in the marketplace. • According to the Twin Cities Metro Area Salary Survey, our supervisor and director positions are consistently falling 6-10% below the rates paid for comparable positions within the Stanton Group V cities. The salaries of our hourly employees, however, are on par with those compared to Stanton Group V. • In addition, the layoffs and staff reductions have affected the City's compliance with Pay Equity, where we are falling further out of compliance. While we are not required to file our ne� report until 2008, we are required to sta.y in compliance at a11 times. Any violations could expose the City to significant fines, claims or litigation, therefore, it is essential to rectify this situation immediately. If you accept these recommendations, the additional cost to the 2005 budget will break down as follows: 3% Cola and police back-pay Health Insurance Dental Insurance Sergeants Overtime Compensation Adjustments Total $104,315 -29,000 0 34,736 40,000 $150,051 I have provided supporting documentation for your review. I will be available at the Oct. 18, 2004 budget meeting to answer any questions you or the Council may have. Thank you for your assistance in this process. � � � 0�0 O O � � o N � N � I� O I 0 ` � � � � � �,r� = N � M M N V � G> � f� I� O i� � fA CO � O � CO � li O � (O M � O N = � d I� CO CO N I� o � M � O N M p L � aO N �A a- t� C V � p O> O� <O f� � !- %� t�0 1A � f � d' Q O 3� � N� M V N o m � � � W � � e- Cp O Q o � � O N :� o ` OO N � 1L � t,> � C W �+ � � Cfl O�O a � m cfl o�n rn � N O � M � O � W N 3 O 00 N�f") (� m � � � v � J Z O N � � o � � o V Z � s > o � O u, �' O N � y W Z 7 � +N+ �-N+ y C �/i � U � � � 0 J � .� � N ,a Q Q J N ���� O �a �iic�n� O Q i/i � � Q U LL U U J •.«_�+ � W �y= � Z 'O � 'O •O UUa C9 Q �a.�aa O � 0 �. � U • � 2005 - Budget (General Fund Only) City of Fridley Summary of Insurance Changes (REVISED) Budgeted Actual Difference Health Insurance 2004 2005 2005 from Budget % Diff 9% Renewal Rate City Contribution Single (100%) 4,008.36 4,622.20 4,369.08 -253.12 -6.3 Family (80%) 8,978.64 9,772.55 9,786.72 14.17 0.2 Cash 3,204.00 3,204.00 3,204.00 0.00 0.0 Annual Base Prem. Single 4,008.36 4,609.61 4,369.08 -240.53 -6.0 Family 11,223.36 12,906.86 12,233.40 -673.46 -6.0 Participation Single 27 27 30 3 11.1 Family 45 45 42 -3 -6.7 Cash 37 37 35 -2 -5.4 Annual Leave 8 8 10 2 25.0 Total 117 117 117 0 Cost to city Single 108,225.72 124,799.40 131,072.40 6,273.00 5.8 Family 404,038.80 439,764.75 411,042.24 -28,722.51 -7.1 Cash 118,548.00 118,548.00 112,140.00 -6,408.00 -5.4 Total 630,812.52 683,112.15 654,254.64 -28,857.51 -4.6 Actual Budgeted Actual Monthly Premium Rates 2004 2005 2005 Difference Base Plan Single 334.03 384.13 364.09 30.06 Family 935.28 1,075.57 1019.45 84.17 High Option Single 357.32 410.92 389.48 32.16 Family 1,000.49 1,150.56 1090.53 90.04 budget.2005.insurancesummary (rev.10/13/04) Insurance summary.revised.xls U � V� � W Z U J la�l Z M � � m 0 � W � W a �a � W L�L d u. 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Jack Kirk, Director of Recreat�on and Natural Resources Date: October 12, 2004 Re: Tennis and Basketball Court Study At the September meeting of the Parks and Recreation Commission, the Commission approved the staff recommendations included in the tennis and basketball court areas study. The recommendations call for the elimination of nine tennis courts, one basketball court and some additional steps to help reduce the long term maintenance costs associated with the hard surface court areas. The recommendations from the Tennis and Basketball Court Study are as fol lows: • Remove the two north courts at Commons Park and replace with sand volleyball courts • Remove the finro courts at Craig Park and replace with a grass open play area • Remove the two tennis courts at Briardale Park and replace with a single tennis court • Remove the single tennis court at Springbrook Park and replace with a grass open play area • Remove the two tennis courts at North Park Elementary School or explore turning maintenance of existing courts over to school district • Remove the tennis court and basketball court at Woodcrest Elementary School or explore turning over the maintenance of existing courts to school district • Remove existing single tennis courts and replace with new single courts at Edgewater Gardens, Madsen, and Sylvan Hills parks. • Keep existing tennis courts at other park locations and provide on- going color-coating and maintenance to retain good playable surfaces. • Remove the basketball court at Oak Hill Park and replace with a grass area and picnic tables. • Remove the old basketball court surfaces and replace with a half- court asphalt pad at the following parks: Edgewater Gardens, Glencoe, Jay, Summit Square and Sylvan Hills. • Remove and replace basketball court areas at Briardale Park, Madsen Park, and Plymouth Square Park. • Keep existing basketball courts at other park locations and provide on-going asphalt sealing and/or color-coating to retain good playable surFaces. • Add a full-court basketball area to the Fridley Community Center outdoor play area. The recommendations include removing 9 additional tennis courts from those currently provided in the park system. That would amount to 15 city provided courts remaining, in addition to the 13 public school courts for a total of 28 tennis courts. This would be a reduction from our high point of 40 tennis courts in our community approximately ten years ago. The recommendations would only result in a reduction of one basketball court area if a court were installed by the Fridley Community Center to replace the one being removed at Oak Hill Park. However, the smaller playing surfaces at some of the basketball courts and a cut back in color coating of surfaces will save dollars in our parks improvement budget. The Parks and Recreation Commission has been concerned about the high cost of maintaining the court areas and recommended action in the past few years to help reduce long-term costs. Action already taken in the park system includes: • Removed finro tennis courts at Logan Park in 2001 and replaced with one tennis court and a small basketball playing area • Removed two tennis courts at Terrace Park in 2002 and replaced with one tennis court and a small basketball playing area • Removed the basketball court at Springbrook Park in 2002 The proposed Parks 5-Year Capital Improvement Program budget for 2005 has identified $62,000 for court surfacing and overlays. Since we have not done any repair, replacement or color-coating of courts for the past finro years, I would recommend that we keep that amount in next year's budget in an attempt to catch up on some overdue work. Adopting the recommended plan for the tennis and basketball courts will provide a significant savings in the long run, as we could save as much as $223,000 over a ten year period. That amount assumes that the City would be making the needed replacement of courts and providing the regular upkeep to maintain good playing surfaces. If this plan were approved, I would anticipate that it would be implemented over a five to six year time frame. Some of the work on the court areas could begin as early as next spring. I will be at the October 18, 2004 City Council conference meeting to discuss the plan. �� �� To: William W. Burns, City Manager ,�m From: Richard D. Pribyl, Finance Director ��' Re: Tax Impacts Date: October 14, 2004 Attached are the tax impacts that are estimated based on valuations for property taxes payable in 2004. I have provided both the increase due to the LGA levy back and the Springbrook levy. An easy rule of thumb for estimating tax based on value is that for every $10,000 in market value, an additional $3.23 in property taxes is generated for both levies. RDP/me Attachment Tax increases proposed for 2005 2004 2005 Market City Est City Residerrtiai Value Taxes Taxes $200,000 $210,000 $220,000 $230,000 $240,000 $250,000 $300,000 $350,000 $400,000 $605 $635 $685 �� $726 $756 $907 $1,059 $1,209 $1,0 $1,1 $1,3 Increase Increase Total LGA Springbrook $65 $68 $71 $74 $78 $$1 $97 $113 $130 $26 $90 $27 $95 $28 $99 $29 $104 $31 $1d8 $32 $113 $38 $135 $45 $158 $51 $181 City of Fridley TO: William W. Bums, City Manager 1�` � FROM: Jon fl�aas, Public Works Director DATE: October 5, 2004 SUBJECT: Request for Adjustrnents to 2005 Budget PW04-070 We have noted a few things we would like to change in the 2005 budget since it was originally compiled this past spring. The first item is an increase in the amount budgeted for our GIS consultant The proposed budget shows a carryover of the amount budgeted in 2004 at �27,500. We have since received their proposal for 2005 which includes a slight increase to �28,200. Request the budget for the contract GIS services be increased by �700 to �28,200. The second item is to include a mill and overlay project for a project on our Minnesota State Aid street system. To maintain our status as a completed system and be allowed to use some of this money for the rest of our streets, we need to continue to do a certain amount of maintenance on those roads. Because many of these roads have higher volumes of traffic and heavier trucks, the roads have shown more wear and tear. ln particular, 73`� Avenue between Central Avenue west to Baker Street is becoming severely wash boarded. The cost for this project will be entirely covered by our MSAS account funds or by special assessment Request a line item for an MSAS mill and overlay project at a cost of �100,000 be added to the 2005 capital improvement project budget In following years we are looking at portions of 7"' Stree�, Matterhom Drive, Gardena Avenue and 61S` Avenue needing similar treatrnents. The MSAS funds used from this project are from the portion that can only be used on the system. Therefore, this will not have an impact on the amount available to be used for our neighborhood sh-eet project A final item, and the only item with a significant impact on the budget is the need to add a soil cleanup project using a°vapor extraction system" to finish the cleanup of the old gas tanks at the City Garage. These tanks were replaced several years ago but not before there was contamination of the surrounding soils. The MPCA has authorized moving ahead with cleanup. We have been working with a consultant DPRA on this since the tank replacement They estimate the cost of the work to be around �100,000. The good news is that appronimately 90% of this will be reimbursed by the Petrofund. Recommend inclusion of these costs and reimbursements in the 2005 General CIP. (f necessary, we will be prepared to discuss these items at the upcoming budget conference session. Jtiti:cz To: William W. Burns, City Manager �.�� From: Richard D. Pribyl, Finance Director � Re: Utility rate Increases/Projected losses Date: October 13, 2004 Shown below are the projected rate increases that we had shown Council at the budget planning session earlier this year. The information shown below provides the anticipated loss for each utility fund at the Charter Limited rate increase along with the anticipated loss. I have also run a scenario that calculates what the rate would need to be to break even. The Sewer Fund pro forma was recalculated a short time ago due to a change made by Met Council Environmental Services as a result of revenue shortfalls that they experienced within the entire system over the past few years. They redesigned the formula they use to calculate billable flows. In this particular case we benefited from the calculation, thus causing the 2004 cost to drop by approximately $192,775. This new information has been incorporated in the financial data shown below in the Sewer Fund. Rate Estimated Water Fund Increase % Inc./Loss Charter limited rate increase 1.70% $ 276,840.00 Break even rate increase 19% $ - Sewer Fund Charter limited rate increase 1.70% $ 160,962.00 Break even rate increase 7% $ - Storm Water Fund Charter limited rate increase 1.70% $ 77,622.00 Break even rate increase 7% $ - RDP/me � ,„ Memo to: The Mayor and Council � From: Wil6am W. Burns, City Manager�t!N Subject: Restoration Items Date: 10-14-04 As part of my review work for Monday's budget discussions, I took a look at the list of items we cut from the 2004 budget and selected five items that I thought were most worthy of restoration, Since we have a scary legislative session ahead of us with Phil Krinkie being the likely chair of the House Tax Committee and a$1.1 billion budget deficit facing legislators for 2006-2007, I did not recommend restoring personnel. Here's my list and the approximate cost impact of each item. University Avenue Corridor Mowing...While it won't help with the fence, I think it will help the corridor image. In the past, we have spent between $17,000 and about $20,000 for this service. I believe it would be safe to restore $25,000 for this purpose. Jon Haukaas was not available this week but will be available Monday night to refine my guess. Employee Tuition Reimbursement ... We were forced into restoration of tuition reimbursement by police arbitration. I am suggesting that we restore it for all employees. Since we spent an average of just over $19,000 a year during the most recent year in which tuition reimbursement was in effect, I'm suggesting that we restore $20,000 to the budget for this purpose. Restoration of Funding for National Conferences ... We ha.ve denied nationa.l conferences to our department mana.gers over the last two years. I regard this cut as a short-term item that ought to be restored in order to reward and maintain a very talented group of department managers. I'm also recommending tha.t Council rejoin the National League of Cities and that you budget for attendance by two Council members at their na.tional conferences. The cost of restoring national conferences for my self and the department managers is approxima.tely $13,500. The Cost of rejoining the National League of Cities is $1,600. The cost for two Council members attending two nationa.l conferences is $6,600 . Biennial Citizen Survey ... We did our last survey in 2001. I believe the survey is valuable as a means of ineasuring citizen use and satisfaction with City services. It is also a good tool for measuring citizen response to issue questions and a good source of socioeconomic da.ta. The cost for conducting this survey would be $25,000. Contribution to Mediation Services of Anoka Connty ... There aze two things that are driving my recomrnendation to restore funding to this group. We are living in an increasingly divided and more diverse society. I also know from our e�eriences here with Fridley court cases tha.t judges, more often than not, work to get litigants to resolve their own problems after litigants have spent thousands of dollars on attorney fees. Mediation Services offers an inexpensive, proactive and effective method of dispute resolution. While it may not be a good reason to reswme our support, I also know that Fridley is just about the only Anoka County city that does not provide fmancial support for this organization. m I've included a newsletter article tha.t I wrote on Media.tion Services about two years ago and a more recerrt article on the effectiveness of inediation programs from the police chiefls magazine as packet materia.ls for your reading pleasure. The budget impact of restoring support for Mediation Services would be 10 cents per capita or about $2,750. The total cost impact of these frve recommendations ....... $94,450. , 0�� 14 04 10:10a MEDIRTIOH SERVICES 763-422-0808 p.2 -_ . ..:;;�;+�r Seeki�g Peaceful Alterna�ives Six mediation programs in disputes to solve their own By Ellie M. Bayrd Durirtg n schaol lunc/r hnur; three upperclass»ien join fares to embar- rass ��oerng�r students. Fuoc1 trn��s ar•e "a��►d�»rnu,� �� spilled and the victems' clorhes and boaks ar� damaged. !he vic�irnscornpinin of rncial bias a�zdfee.l hur►. A neig/T6nr•liood struggles witl� zon- ing rs.cues, disgrunrled ►iult a hu.rines.c has been huilt despile their crnu•erns. The neighbnrltood reside�us con:plairi tlwt 1lreir griei�anr.es• Irave heen i�- r:nred. /n boNt of th.e aboi�e examples, the ��ictints called law enforremerrt and the case was referred to Mediatio�i Ser- vices .for Anoka. Instead o( la►�� en- ,forcement a�- tl:e coirrts placing fegal restrictials on the victims oroffe�ulers, the groups �vere crble to discuss their positions in �hc presence of inedir�tors and come to mutuall�� agreeable salu- tions. In �he case of rlie schoo! bullies, jear;cnfrzecial biasund r•etnlialrort were pu! to rest und lelters of'apolog�• were hnnded out The nffenders also learned the impac� of their uctions. In the case of rhe neighborhood sqrenbble, the par- ticipantsfnund a wa�� to commurcicnre and made a plan for hurv tr, handle futirre isswes, A Voluntary Process According to the descrip[ion shared by the Minnesota Association of Com- mUnity Medivtion Programs on the ZOth anniversary of inediation service in Min- nesota: "Mediation is a voluntary pro- cess that provides an opportunity for participants to meet in a safe environ- ment with an impartial mediator and work toward a satisfactory resolution uf the issues withaut the addiuonal time and expense involved in litiga- tion. The mediator does not decide the outcome, but rather assists parties in reaching their own agreementin a manner 14/MINNESOTA POUCE CHIEF the state are warking to empower people involved in problems and accept personal responsibility. Beth Bailey-Al1en, executive di- rector, North Iiennepin Media- tion Program. that best meets their needs" Mediation first became a popular conecept iR LI]C I97O5, and cince 19$2, when the idea took off in Minnesota, six mediation programs have been formed: Mediation Services forAnoka Counry (MSAC), North Hennepin Me- diation Program (NHMP), Alterna- tive Dispute Resolution Services in Olmsled County {ADRS), Dispuce Resolution Center (DRC) in the East Metro, Minneapolis ;�Tediation Pro- gram, and Rice County Dispute Reso- lution Program. The caseload is heavy and con- stant. At any given time, says Beth Bailey-Allen, executive director of North Hennepin Mediation Program, their mediators are coverina 50 cases; they handle approximately ] 5,000 cases a year. Minneapolis Mediation Program, says Executive Director Michele Gullickson Moore, worked 1,673 cases last year (389 commu- nity cases and 1,284 court eases). "We expect a 10 percent increase again this year;' she says. Director Edwardo Wolle of Rice County Dispule Resolution Center notes that his program works approxi- Ann Wallerstedt, executive di- rector, Mediation Services far Anoka County. mately 100 cases a year. `'Our vol- ume of cases is smaller compared to �ur counterpart.s since we are in a rural county outside the Twin Cities" Kinds of Confliets The six statewide mediation programs differ in their categorization of inedia- ti�n caties, hui they are similar in the kinds of contlict they include. In each program, however, certain cases have a higherPercenta�e of neferral _ Rice County, for instanc�e, hand]es more reported ru- ral problems than Hennepin County. Mediation ServicesforAnokaCounty has three categories of service: commu- nity, family visitation, shared parenting and expediting, and victim-offender. NorthHennepin Mediation Prorr-�un's breakdown of non-court mediations in 2002 came to: 20 percent neighbor, 20 percent post-divorce,l7 percent school/ juvenile,l6percentbusiness/consumer, 13 percent landlord/tenant, 12 percent family-interpersonal, and 2 percent employer_ Bailey-Allen says North Hennepin Mediacion Program's number of school cases has been growing steadily. Many of these cases are referred direcfly by Oct 14 04 l0:lla MEDIRTION SERVICES 763-4Z2-0808 p.3 school resource officers. In school cases, NHMP offers peer mediation training and support, teaching students how to help each other tackle minor conflicts. Many cases are too serious Car• peer mediation, and those are handled by adult community mediators. NHMP provides a[eam of inedia�ors ane day a week in two secondary schools. Peer mediation training and sup- port, plus an anger management class for court-ordered juveniles, is empha- sized by MSAC, too. "We are workin� directly with schools districts inAnoka County, mediatin� schooJ suspension cases" says Wallerstedt. Neighborhood dispu�es are also com- monly referred. Like its counterparts, the Dispute Resolution Center handles a variety of these, citing noise com- plaints, pet problems, parking, prop- erty lines, and vandalism as the most common. TheDispule Resolution Center also mediates small claims cases re- gazding accidents, money owed, and property damege. Other cases referred to mcdiation include harassment and discrimination. Hennepin C�unty District Court en- courages the use of inediation to settle non—life-threatening disputes, urging disputants �u try mediativn before re- sorting to restraining orders. With complicated, changing family si[untiuns beco►ning more and more prevalent, all six mediation programs offer services for shared parenting me- diauun serviccs. Thcse mediations help constructive decision-making in shared pazenting situacions and encourage civil interaction between participants cnd- inp relationships. The Costs of Conflict Mediation is affordable, which is one reason why it is so successful. Disputing parties are more tempted to attend the sessions because it will save them money on legal fees or restitution payrnents in the courts. For the Dispuee Resolution Center, says DirectorJeanne F. Zimmer, "Fees are dependant upon thc type of casc and number of partici- pants involved. Sliding fees are avail- able for [hose who meet income guide- lincs. Noone is denied serviceforinability to pay." Ann Wallerstedt, eaecutive di- rector, Mediation Services for Anoka Connty (Ieft) and Beth Bailey-Allen of the North Hennepin Mediarion Program explain the usefnllness of ine- diation for law enforcement o� cers. Beth Bailey-Allen says, "Typically the cost of inediation is covered by or al least subsidized by a third party---for cxample, u municipality or a court. Fees range from free to $ l 50 for shared parenting mediation. Mediation may be economical for disputants in comparison to court fees, but the programs do take a lot to run. While most of the program staff is vo(unteer, the ful]-time positions are paid and there are many ocher expenses for running a mediation program. Most of the money comes from a combination of "state funding, local funding, and private funding," says Bailey-AIlen. Executive Director Ann Wallerstedt says Mediation Services of Anoka County aiso receives county funding and hosts a beneft each yeac Dispute Resolution Center, says Jeanne Zimmer, is facing cuts in ;ov- ernment support. "Over the past 21 years, a variety to government entities have supported DRC; that funding has been reduced by almost 80 percent," she says. The effect of these cuts has been a decrease in caseload. In 2001, DRC handled a total of 7l4 cases; in 2003, that number slipped to 485. Betty Christenson ofAlternativeDis- pute Resolution Services says theirpra gram been affected recently by their financial situation. A si�nificant state reduction in funding for services at the local level "challenged the viability of all non-mandated services," she says. Relationship With Law Enforcement Ann Wallerstedt of Mediation Ser- vices of Anoka and Beth Bailey-Allen of North Hennepin Med�ation Pro�ram both feel that the relationship between law enforcement and che mediation pro- grams is critical. Officers are the first ones called to disturbances and are aware of ongoing squabbtes that might benefit from mediation. OfFcers are encoura�ed to identify these cases and tell the parties about mediation option. Each of the six mediation Programs has different protocols for reporting mediation cases. Ufficers need to fa- miliarize themselves with the proce- dures of [he mediation program avai]- able to their department before reportina any cases. Bailey-Allen prefers that NHMP staff make the call to the parties involved afrer receivino refenals from law en- forcement. She notes, "There are two things police can do that will greatly increase the odds that (a ca�eJ gets resolved. Pirst, rnake the referral di- rectly to the mediation program so that the burden is on us to m�ke that first phone call. The second thing they can do is let fniks know right on the spot that chey think mediacion w�uld be beneficial and that they [the officersj will refer them to mediation:' Wallerstedt's program differs slightly in its reportin� process. She hands out bu sin ess cards to offic ers w i th the program's contact information andencoura;es them to fax police reports. Most juvenile cases in Anoka County, however, need to go to the county attorney first. Michele Gullickson Moore of Min- neapolis Mediation Program tries to make a rresentallon at police stauon roll call once a year. She hands out laminated business cards for law enforcement of- ficers and provides the precinct with bro- chures, Referrals can come "either by having the officer caIl us and give us the contact info or by having the officer encourage the parties to call in. The AUTUMN 2004/15 Oct 14 D4 l0:lla MEDIATION SERVICES 763-422-0808 Seeking Peace£ul Alternatives latter usually works better." Edwardo Wolle of Rice County Dis- pute Resolution Program elso hands out cards at law enforcement events and roll call. Their cards are printed in bo[h English and 5panish. He prefers to receive referrals by phone or e-mail. Jeanne Zimmer of Dispute Resolu- tion Center says that they are opcn to both direct and indirect referrals from poli�e officers, and, according to coor- dinator Betry Christenson, refeiYals at Alternalive Dispute Resolution Services "Renerally come from the person re- ferred. ... Sometime� the police or slieriff's department w-il1 contact us describin� the situation ta so we can an[icipate a call froru [he individua!" Recognizing a Referral Case Boch Bailey-Allen and Wallerstedt have found that officers receive re- peated calis for service from the same residence. These cases may be suitable for mediation. Bailey-Allen says that sometimes the issue is a Isck of com- munication between dte disputin� par- ties. "I am amazed in neighborhood mediations _.. how often ttie�people are meeting eacti other for the first time in the mediation," says Bailey-Allen. Me- dia[ion helps give tbe disputing parties a way to cooperate in the future, so their first call isn't to the police. Themost importantthing police need to knuw about mediation, though, is that while mediation may work in many small disputes, any cases involving weapuns or alcohol, dru�s, or domcstic violence should not be referred to me- diation. "We are not a crisis a�_enc�;" W�llerstedt adds. Dailey-Allen agrees, "We get too many calls for domestic violence situations and that's got to be frustrating for thc people who are mak- ing ehose calls and finding out that the resource they've been given isn't going to be helpful." Another reminder for police is to refercasesearlyto mediation. Wallerstedt just rcccntly was referred a eF►se by law enforcement that the police had been dealing with unsuccessfully for five years. Senior Commander Colleen Luna p.4 Mediators from the Minneapolis Mediation Program train for han- dling community mediations. of the Saint Paul Police Department is chair of the DisQute Resolution Center Board of Directors_ Luna says that al- ternative dispute resolution is "near and dear" to her heart and notes tbat "every case mediated or facilitated by a DRC volunteer is one less 911 phone cull or protracted le�al dispute." Luna is "committed to the community-based mediation and restorative justice ser- vices DRC offers:' She says, "DRC provides a forum for healing commu- nities and erripowering individuals to solve their own disputes ... Mediatioo is an efficient, effective, and economi- cal approach to resolving our community's disagreements." Volunteer mediators Bonnie Lukes and Jerry McCadden both feei that po- liee officers shouid refer annoyance cases before they escalate. Police of- ficers should hand over these cases, Lukes says, so they are free "for the things that need their exact police ex- pertise" McCadden says that sometimes po- lice have sat in on his mediation ses- sions and the community Has learned from them about what they can and can't do. In one case, the police were accused of "doing noching;' but since no chazges had been filed, there were no legal aecions that they could take. Once this was explained to the com- plainants, they better understood the role of the officer. Community Justice Coordinator David Hines of the Woodbury Police Department eneourages police officers to refer cases_ His departmeut has a special restorative justice pro�r�m for juvenile cases and neighborhood dis- putes. They be�an including me�iiation in 1994. Hines says thaC "a�encies {shouldj get involved by at least refer- ring cases out and par[icipntirig in the,n as a key player if not facilitating cases, as we do:' Hines often speaks to law enforce- ment officers and has been asked many questions about the responsibilities of law enforcement in terms uf inedia- tion. Hines says if manpower is a prob- lem, o�cers don't have to be coo in- volved, they can jusl refer the cases to mediation and not participate them- selves. To those who question whether eops should be inv�lved, he says, "Po- licing has always been and always will need to be about community interac- tion, problem solving and, to be effec- tive, working with and seeking out com- munity resources to define and address the community's necds. Our prime goal should always be to prevent crime and wben that fails to help repair AUTUMN 2�04/!7 Oct 14 04 10:12a MEDIRTION SERVICES 763-422-0808 Seeking Peaceful Alternatives victims and community wfiile holding offendcrs accountable." Hines reminds, though, that it is not an easy out: mediation can be a lot of work, And mediation is not the answer for all cases, Hines says to those who see it as "nearly miraculous in its out- cume:' Hines h�s also had some people question whether mediation is "soft" on crin�e. He says, "People find this mo►�e difficulc, dcmand ing, and rewarding than lawyer-dominated court" The Gift of Time Besides the knowledge that he or she h�s helped solve a dispute, an of- ficer can thonk the mediation pracess for giving the gift of time. To illusvate mediation's usefulness, Bailey-Allen cites a Harrisburg, Pennsylvania. 1995 study of the effectiveness of nei�hbor- hood dispute resolution (mediation) as proof of the time-sc+ving benefits. Roosevelt E. Shepherd, associate pro- fessorofcriminal justice at Shippensbur� Univcrsity, prepared the report. In 1994, a partnership between the Neiohborhood Dispute Settl ement Center and the Harrisburs Police.Department was created and a study tested the use- fulness of this new coUaboration. In thc Shepherd study, neishborhood dis- pute resotution was used in a se[ect � oup of law enforcement referred cases. The resutts were positive: In the 37 mediation-referred cases, there was a 75.3 percent decrease in calls afler six months; in the 37 cases withoot media- tion, the number of calls to police in- creased 5_8 percent. Chief Richard Shaffer said. "I real- ized this (the use of the Nei�hborhood Dispute Settlement Centerj was the tool by which I could decrease the nuntber of times a police officer must respond to the same neighborhood problem and, thus, improve the utilizatinn of police services to the city of Harrisburg °' The same results have been noted in Minnesota. Wallerstedt recall s an Anoka County case where neighbors in an aparcment building had been squab- bling. One of the neighbors lived di- rectly above the other. The two had called police more than 40 times ov�r p.5 Lonni McCauley s�nd Richard Jefferson cerve as mediators in a neighborhood mediation simulation that was part of a training session at Mediation Services for Anoka Connty. noise disturbances. They were referred to MSAC. By mcdiation, the parties were able to empathize with the others' work schedule. They exchanged tele- phvne numbers, and onc party agreed to wear earplugs at niDht when che other would come home from work. F�Ilow-ups show that the agreement is working, frustration is down, and no further calls to police occurred. The bottom line is, says Wallerstedt, 80 [o 85 percent of the time, you can rely on othec people's word. Role of the Mediator The mediation process be�ins with the aforementioned referral_ The case is tk►en assigned two mediators as part of the co-mediation structure. There ar�c more than 200 vo)unteer mediators in the state of Minnesota. T'hese media- tors come from a variery of backgc�ounds, but all have fulfilled the Minnesota Supreme Court's guidelines. Among the reqnirements, 30 hours of initial training nnd six hours of continuing education per yeaz. Most mediation pro- grams also require six mediations a year. Bonnie Lukes, former executive di- rector of North Hennepin Mediation Program, currently serves NHMP in thecapacity of volunteer mediatoc Lukes mediates about once a month. Jerry McCadden is a volunteermediatorwith Mediation 5ervices for Anoka Counry, and volunteers tti�ice a week to medi- a[e. All mediators are volunteers and work in pairs. "Since we use volunteets as the mediators, what we have to offer is time," says i3ailey-Allen. "That's whai these situations call for and that's what police offcers don't ha��e. They may have 15 minutes, for example, co spend on a ca(1. For nur average mediation we block out two hours of time" Mediators can dictate chei r own level of participation. Some mediators have time for only the minimum six cases a year; others choose ro cYedicate a(ew hours a week. Wallerstedt notes that some mediators choose to focus on a pazticular kind of case; they will not dv juvenile cases or will only do neighborhood dis- putes,'The mediation programs recognize these choices and also nolice when a me- diatorhasproficiencyin a specialty azea. AUTUMN 2004/19 Oct 14 04 10:13a MEDIRTION SERVICES 763-422-0808 p.6 Seeking Peaceful Alternatives Mediators represent a11 walks of life_ Some mediators are lawyers, but it is important to have mediators who "are as diverse as the community we serve," says Bailey-Allen. Lukes also serves as chief trainer for the state in AARP defensive driving. McCaddcn is a re- tired rehab counselor and school coun- selor, having always worked in some capacity helping others. Inside a Mediation Statistics from the National Asso- ciation of Community Mediation show that 85 percent of inediations result in agreements between disputants, 90 percent of disputant�t uphold agreements throu�h mediation, 95 percent of par- ticipants indicate that they would use mediation again, and 82 percent of Americans would prefer to go to me- diation rather than court, Much of this apprecia[ion for the process stems from three impoRant facts. Mediation is voluntary, it's confiden- tial, and the disputing parties �et to create their own mediation agreements. The dispute is given back to the people, who are also given the tools to fix the problems themselves so they don't keep callin� the police. "They now have the relationship with each other so when that future incident comes up; ' Bailey- Allen says. "they will catl each other or communicate with each other in what- ever way they've a�reed upon through mediation:' Mediations are held at the media- tion pro�ram's headquarters or at a neutral lacation. These meetin�s can include any numberof pcople. Gullicl:son Moore of Minne�polis Mediation Pro- gr�m explains that they "are adept at handling groups in excess of 125 people" Medietors begin the process by do- ing a pre-screening, ensuring safety for participants and making sure the case is acceptableformediation. In addition to screening to ensure safety, media- tors do at times contact law enforce- ment, to request that a squad car drive by the tocation and ensure safety for themseIves and the pardcipants. Mak- ing mediation voluntary helps ensure that only participants who want to be there, �rre there and this keeps the meet- ings safe. Mediators also do preliminary case- work to make sure all involved parties are contacted about the situation and to Iearn about the conllict at hand before the meeting. "It is important;' Wallerstedt says, "to have all who are responsible [o the a�reementpresent so things won't become an issue later" The way mediation is conducted varies by situation. Forsome large-aroup me- diations, the groups are spIit up; in other small-group mediations, the re- storative circle is implemented. The restorative circie mediation model comes from the indigenous practice of talking circles. A res[orative circle emphasizes living in balance with one's self and the community. In this type of inediation, the group sits in a circle, and each person gets Nme to speak before com- ing to a group solution. Wallerscedt says that mediators often use a talking Piece tn ensure order to conve.rsations_ The person holding the talking piece is the only one who can talk; tlus keeps peoPle from talking over each other. Lukes says that when working in the co-mediaUon style one mediator is not put in charge; they have an equal share of work. When a mediation begins, the volunteers greet the participants and then ask who wishes t�i be�in or ask the person who reported the case to be the first speaker. T'hat person gives a brief overview of the prnblem and then the other side has a chance to respond. The mediator's job is to "listen for areas of agreement and ask questions for clarifi- cation:' says Lukes. The hardest part, aecording to both Lukes and McCadden, is ge[ting pe�ple to communicate if they don't want to. Media[ors work to break down barriers blocking conversation, like getting quiet people to speak up and vocal people to calm down. In Agreement The agreement that is formed during a mediation is one created by the disput- ing parties. Before its signing, the me- dialors will do a"reality check" on the agreement by coming up with "what iF' scenarios so that the disputants know how to handle any future problems. An agreement is considered successful "as long as the aoreement repairs the harm to the victim and the offender feels that he or she has been able to make amends for it," says Bailey-Allen_ When writing amedialionagreement, the mediator is very specific about what is a�reed vpon. Copies are made for both parties so there is "no mistaking what they've agreed to," says Lukes. Bailey-Alien catls the mediation room the "If only" room, as disputants often come in saying, "lf only my ex were more reasonable," or "If only my neigh- bor were more reasonable" In effect, the mediation room is the place where people have the opportunity to be rea- sonable. Sometimes the mediation a�eements do have some legal ramifications. Cases referred by the courts or legal system can come with restrictions on the dispu- tants. Charges that were dropped upon the assignment of inediation can be reinstated if the agreement is not fol- lowed. Most agreements are more what one might call a"gen[leman's agree- ment" or an aa eement in good faith. Senior Commander Col leen Luna, Saint Paul Police Department adds that, "Me- diation allows a win/win rather than a win/lose outcome." Mediation does not end with the agreement. Mediators do check back to make sure the problem was cleared up during mediatio� and keep tabs on the number ot�calls made to police pre and post-mediation. In rare cases, further mediation is required, but most times the first meeting and the agreement created work to solve the issue. Dispute Resolution Center has its clients fill out evaluations after creat- ing their mediat.ion agreemeni. One contentcommunity participant remarked on her evaluation, "An amazino pro- cess! I wish all communication could be this straightforward. People are free to share what they really think and feel—what a concept" Another, a par- ent of an offender, said "Very powerful [ool, essential to the healing process for all." AUTUMN 2004/2i Oct 14 �4 10:14a MEDIRTION SERVICES 763-422-0808 Seekin Peaceful Alteznatives Not Inconsequential to Them Wallerstedt feels mediation is im- portant because "tliose little things we think of as inconsequential" can be so important to others. People will resort to violence �s a result of minor neighborh�od disputeslike a barking dog. Wallerstedt says there is an old phrase used in mcdiation, "It's not minor when the barking dog is the neiahbor's and the lost sleep is yours:' Mediation agreements can be quite imaginative; there is no set �uideline for how �hey must be formcd. In an example of this creativity, one juve- nile was asked by the victim of his vandalism to join the Boy Scouts for one year to make restitution. The boy ended up enjaying the Scouts and learned lessons through that pro- gram about how to treat people be�- ter, Lukes says that she gets "such a good Teelin� all around when the parties chemselves reconcile and brin� peace [o chat one part of their lives" MeJiation is valuablc in teuching offenders the impact of their actions. Wallerstedt says that, in terms of juvenile ofFenders, oftcn the actions they have taken. like ��andalism, were made out of boredom. They "really have no scnse of hoW- they are im- pacting people until they are in that mediation,'� says Bailey-Ailen. "I re- ully bclieve that if we are only fo- cused on punitive consequences. people just get bet►er at not being caugt�t" Mediation hotds people account- able. In fact, some juveniles have said they woutd "rather go to cour�" than face mediation, because that's a faceless place to be, says Wallerstedt. In mediation, the offender is forced to sit across frorn his or her victim and learn about how his or her ac- tions made someone feel. It is more effective than showing up to have "a judge shake their finger or a diver- sion hcsring officer say `y ou shouldn't have done that.' They know they shouldn't have done that" Bailey-Allen says the current prac- Atternative Dispute Resolnt,ion Services 1421 Third Avenue S.E. Rochester, MN 55904 Phane:507/287-2249 . Fax: 507/287-2436 E-mail: christenson.berty@ co.olmstedmn.us Dispute Resolution Center 974 West Seventh Street Saint Paul, MN 55102 Phone: 651/292-7791 Fax:651/292-6065 Web: www disputeresolutioncenrer.org E-mail: . d re @disputeresolutiancenter. org Mediation Services for Anoka County 2520 Coon Rapids Boulevard, Suite 100 Coon Rapids, MN 5$433 Phone: 763/422-8878 Fax:763/422-0808 i��eb: www medrationservice.org E-mail: artnw @mediationservice. o�g tice of issuing a letter and a small fine as restitution for smail juvenile infractions is not as much of a detetrent. Having mom or dad pay the fine is easier to do than�work through community service. Get Involved There are available training oppor- tunities for would-be mediaturs each spring. If you or someone you know is interested in pursuing such an opportu- nity, contact your local mecliation pro- gram to learn more about the qualifica- tions and training opportunities. Police officers make great modiators, because they already have training in Minneapolis Mediation Program 31U 38tfi Avenue Easc, Suite 22l Minneapolis, MN 55409 Phone: 612/822-9883 Faz: 6l2/822-9890 Web: www. mplsmediationpmgram. org E-mail: mplsmediation@mtn.org North Hennepin Mediation Program 3300 Bass Lake Road, Suite 2l2 Brookiyn Center, MN 55429 Phone:763/651-0033 Fax:763i561-0266 Web: wwwmediarionprogram.com E-mail: sta�`'@ medation p rograwi _ com Rice County Dispute Resolution Program 1651 Jefferson Parkway, Suite HS 125 Northfield, MN 55057 Phone:507/644-3522 Web' http://rcdrp.com E-mail: rcdrp@clear.lakes.com p.7 � `�, '`��.. �` `1 � ;� . �'. ,� . ��__:` . \.` �� \ ��. �--� .� .� `; � conflic[ resolution, VJoodbury Com- ,= � muniryJusticeCoordinatorDavidHines �' says. "To be good at [mediation] you must be able to be neutral, recogni�e and drop personal and professional bi- ases, carc about people, understand and seek out fairness, be a good communi- cator at all levels, and be dedicated to the work, not womed about how this may fit in the inner world of policing but involved because it is the right thing to do." ff you have other questions about mediation, representatives from any of thc six state mediation programs are more than happy to answer questions. AUTUMN 2004/23