Ellison joins final push for administrative citations in St. Paul

Attorney General Keith Ellison today joined St. Paul workers, renters, small business owners and community activists making one last appeal for a “yes” vote on administrative citations.

St. Paul currently lacks authority under the city’s charter to enforce labor standards, property codes, renter protections and other ordinances by issuing civil fines. That makes it an outlier among Minnesota’s largest cities.

When local officials have both civil and criminal enforcement options, Ellison said, they are less likely to tap the Attorney General’s Office for assistance, and their low-income residents are less likely to turn to nonprofits for legal aid.

“We’ve had to sue bad landlords all over the state,” Ellison said during a press conference with the Vote Yes for a Fairer St. Paul campaign outside City Hall. “Every time we do, that means time, money and people, and it means that there’s some other problem that is not being addressed.”

Question 1 on the ballot in the City of St. Paul asks voters whether to amend the charter to allow enforcement of certain ordinances through civil fines, rather than criminal charges.

The proposal emerged from the city’s Charter Commission earlier this year and advanced to the City Council, where it passed unanimously. Mayor Melvin Carter supported the change, but opponents collected enough signatures to put the question before voters Nov. 4.

Labor groups, including the St. Paul Regional Labor Federation, have endorsed the “Vote Yes” campaign, arguing the change will allow more efficient and equitable enforcement of labor standards that unions lobbied hard for, including a higher minimum wage and protections against wage theft.

“These ordinances make our city stand out, but, unfortunately, we also stand out for not having a critical tool to enforce them,” Rick Varco, political director of SEIU Healthcare Minnesota and Iowa, said.

Varco pointed to the city’s first major attempt to enforce its ordinance requiring employers to provide earned sick and safe time. The case, filed in 2020, involved about 100 workers at a home health agency who had to wait over four years to get their legally required benefit.

Forcing enforcement into the criminal courts isn’t just impractical, advocates at the press conference said; it also plays into the hands of employers and property owners, with deeper pockets than workers and renters.

“Without administrative citations, the city is left with only two extremes: send a warning letter or pursue a time-consuming, costly criminal case,” Housing Justice Center attorney Jessica Szuminski said. “Predictably, most violations result in no actions at all.”

With a victory for administrative citations Nov. 4, Szuminski added, “tenant protections in St. Paul will finally have teeth, and renters can be assured that their calls for help to the city will mean something.”

– Michael Moore, Union Advocate editor

Unions join coalition pushing ‘yes’ vote on administrative citations in St. Paul

Representatives of labor, faith and community organizations participating in the Vote Yes for a Fairer St. Paul coalition hold a kickoff event outside City Hall.

St. Paul unions are teaming up with labor and community groups this fall on a campaign to advance administrative citations from the general election ballot to the capital city’s charter.

The Vote Yes for a Fairer St. Paul campaign launched with a press conference outside City Hall on Aug. 27. Leaders of labor and faith groups joined workers and tenants in making the case for a “yes” vote on the ballot question before St. Paul voters this fall.

By passing the initiative, voters would confirm the St. Paul City Council’s unanimous vote last spring amending the charter to allow enforcement of certain ordinances through civil fines, rather than criminal charges.

The proposal emerged from the city’s Charter Commission, which voted overwhelmingly late last year to advance it to the council. But opponents collected enough signatures to put the question before voters Nov. 4.

At the kickoff event, Vote Yes leaders said they’re confident the more people learn about administrative citations, the more likely they are to support them. That means education – through press coverage, community engagement and the campaign’s website – will be key to their success.

“The public doesn’t know a whole lot about this,” Rick Varco, political director of SEIU Healthcare Minnesota and Iowa, acknowledged. “We’re working with community organizations to educate their members and supporters, and we hope people who are looking into what this complex thing is will use those resources to decide to vote ‘yes.’”

Some people, though, are familiar with St. Paul’s inability to enforce ordinances with civil penalties – often because they’ve found themselves waiting on a response to code violations that, in most other cities, would not play out in the criminal-justice system.

Of the state’s 25 largest cities, only St. Paul does not allow for administrative citations.

The city’s police department can issue fines for parking tickets and related violations under state law, and the city can assess fines to recover the cost of some property-related matters, like sidewalk shoveling.

James Blake shares their experience as a renter trying to hold a landlord accountable for unsafe conditions.

But advocates say the city needs more power to take swift action in enforcing labor standards and housing codes, preventing bad employers and corporate landlords from dragging the process out in court.

That’s what recently happened to James Blake after moving into their dream apartment in St. Paul. Blake soon discovered wood rot and mold in the kitchen and a moth infestation in the apartment’s built-in cabinets.

Requests for repairs went unanswered. Blake reported several code violations to the city, which began legal proceedings against the company, but nothing changed, they said, until Blake made the decision to move out four months into their lease.

“The rental company violated multiple deadlines from the city inspectors and even a court order to make repairs,” Blake said. “Watching them face zero consequences left me helpless and exhausted.”

The city’s current structure, advocates say, too often forces renters like Blake – and workers who experience wage theft – to seek relief through the legal system.

“Try to see what kind of lawyer you can hire with my paycheck,” Blake said. “I don’t think I deserve to live with mold, pests and an unusable kitchen because I can’t afford a lawyer.”

Minister JaNaé Bates, co-Executive Director of the progressive faith organization ISAIAH, said administrative citations will make St. Paul a more equitable place to live and work. For residents who commit minor infractions, the change allows them to avoid criminal proceedings, while tenants and workers can leverage real, immediate consequences when powerful bad actors violate their rights.

“Right now, our existing enforcement mechanisms fall hardest on working families and communities of color, while wealthy corporations with deep pockets and legal teams can delay and dodge accountability,” Bates said. “Administrative citations level the playing field.”

– Michael Moore, UA editor

Labor fed backs St. Paul’s administrative citations referendum, no endorsement in Ward 4

The St. Paul Regional Labor Federation will recommend a “yes” vote on the ballot question before voters in the capital city this November regarding administrative citations.

The referendum will determine whether to amend the city charter to allow St. Paul to enforce certain ordinances by issuing civil fines, rather than getting entangled in costly, sometimes lengthy legal battles.

Unions have argued the change will allow for more timely and equitable enforcement of St. Paul’s labor standards, like minimum wage and earned sick and safe time.

The fines could also make it easier for the city to enforce its housing codes and compel owners of vacant or blighted properties to make improvements.

Currently, the only enforcement option available to city staff who identify a labor violation is to recommend criminal charges. Allowing for administrative citations would add flexibility to the process, advocates said during City Council hearings on the charter proposal earlier this year.

“It would allow the city to avoid burdening people with criminal convictions, and it would absolutely make a difference for low wage workers who are not being paid fairly in our city,” Regional Labor Federation President Kera Peterson said. “The City of St. Paul should add it to their toolkit.”

Council members voted unanimously to adopt the charter amendment in January, but opponents of the change collected the signatures necessary to put the question before voters. The referendum will appear on the Nov. 4 ballot.

Delegates to the Regional Labor Federation voted to endorse the charter amendment at their July 9 meeting. A recommendation for endorsement on the St. Paul Public Schools’ levy request could come at the next meeting, Aug. 13.

Special election in Ward 4

The federation made no endorsement in the special election to determine the Ward 4 representative on the St. Paul City Council. Mitra Jalali stepped down from the seat earlier this year.

The special election is set for Aug. 12, with polls open from 7 a.m. to 8 p.m. Early voting at the Ramsey County election offices, located at 90 W. Plato Blvd., is open during regular business hours through Aug. 8, with special hours scheduled Aug. 9 from 9 a.m. to 3 p.m. and Aug. 11 from 8 a.m. to 5 p.m.

Four candidates will appear on the ballot: Chauntyll Allen, Molly Coleman, Cole Hanson and Carolyn Will.

Ward 4 includes portions of the Hamline-Midway, Merriam Park, St. Anthony Park, Mac-Groveland and Como neighborhoods.

Labor groups applaud St. Paul’s move to allow administrative fines

New civil fines will allow the City of St. Paul to enforce labor standards more effectively. That includes the city’s $15 minimum wage, which workers fought to pass in 2018.

In a move praised by worker advocates, St. Paul City Council members voted unanimously Jan. 22 to allow the city to issue administrative citations.

The vote to amend the city charter, supporters said, will allow St. Paul to enforce its labor standards and other ordinances more effectively and equitably by issuing civil fines, rather than getting entangled in costly, sometimes lengthy legal battles.

It’s a tool other large cities in Minnesota have at their disposal – and for good reason, St. Paul Regional Labor Federation President Kera Peterson told council members during a public hearing on the amendment Jan. 15.

“It would allow the city to avoid burdening people with criminal convictions, and it would absolutely make a difference for low wage workers who are not being paid fairly in our city,” Peterson said. “The City of St. Paul should add it to their toolkit.”

In recent years the city has passed an ordinance establishing its own minimum wage, as well as wage-theft and sick-time ordinances, with enforcement falling on the Department of Human Rights and Equal Economic Opportunity (HREEO).

But until now, the only enforcement option available to HREEO staff who identified a violation was criminal charges.

With administrative citations, the process will play out without going to court.

“The current system rewards people who are wealthy and can afford to fight the city and drag things out,” SEIU Healthcare Minnesota and Iowa’s Rick Varco told council members.

That creates an incentive, SEIU member Tavona Johnson added, for “wealthy corporations to break the law and force low-wage workers to do something about it.”

“Under the current system, employers can threaten to clog the courts and run out the clock,” Johnson, who lives in St. Paul, added. “I have lived paycheck to paycheck, and these delays and lost wages hurt.”

“If you’re a low-wage worker, any delay in getting the wages that you’ve earned can be devastating,” UNITE HERE Local 17 Secretary-Treasurer Sheigh Freeberg said.

St. Paul renters, small business owners and community members joined labor activists at the public hearing, where the overwhelming majority of speakers voiced support for administrative citations.

The fines could also make it easier for the city to enforce its housing codes and compel owners of vacant or blighted properties to make improvements. Tonette Clardy, a homeowner in Ward 4, complained to council members about a vacant building in her neighborhood that was recently condemned.

“As a Black homeowner, I’m afraid this building will bring down my property values, which hurts my ability to build wealth for my family,” Clardy said. “I want to make sure the building owner is held accountable, and at the same time, I don’t think they should go to jail.”