HF 279

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to veterans; changing the Veterans Preference 
  1.3             Act; amending Minnesota Statutes 1998, section 197.46. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  Minnesota Statutes 1998, section 197.46, is 
  1.6   amended to read: 
  1.7      197.46 [VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT 
  1.8   OF MANDAMUS.] 
  1.9      (a) Any person whose rights may be in any way prejudiced 
  1.10  contrary to any of the provisions of this section, shall be 
  1.11  entitled to a writ of mandamus to remedy the wrong.  No person 
  1.12  holding a position by appointment or employment in state 
  1.13  government or the several counties, cities, towns, school 
  1.14  districts and all other political subdivisions in the state, who 
  1.15  is a veteran separated from the military service under honorable 
  1.16  conditions, shall be removed from such position or employment 
  1.17  except for incompetency or misconduct shown after a hearing, 
  1.18  upon due notice, upon stated charges, in writing.  
  1.19     (b) Any veteran who has been notified of the intent to 
  1.20  discharge the veteran from an appointed position or employment 
  1.21  pursuant to this section shall be notified in writing of such 
  1.22  intent to discharge and of the veteran's right to request a 
  1.23  hearing within 60 days of receipt of the notice of intent to 
  1.24  discharge.  The failure of a veteran to request a hearing within 
  2.1   the provided 60-day period shall constitute a waiver of the 
  2.2   right to a hearing.  Such failure shall also waive all other 
  2.3   available legal remedies for reinstatement.  
  2.4      (c) Request for a hearing concerning such a discharge shall 
  2.5   be made in writing and submitted by mail or personal service to 
  2.6   the employment office of the concerned employer or other 
  2.7   appropriate office or person.  
  2.8      (d) In all governmental subdivisions entities having an 
  2.9   established civil service board or commission, or merit system 
  2.10  authority, such hearing for removal or discharge shall be held 
  2.11  before such civil service board or commission or merit system 
  2.12  authority.  Where no such civil service board or commission or 
  2.13  merit system authority exists, such hearing shall be held by a 
  2.14  board of three persons appointed as follows:  one by the 
  2.15  governmental subdivision, one by the veteran, and the third by 
  2.16  the two so selected. 
  2.17     The governmental entity and the veteran must select their 
  2.18  members of the board within ten business days after the employer 
  2.19  receives the written request under paragraph (c).  In the event 
  2.20  the two persons so selected do not appoint the third person 
  2.21  within ten days after the appointment of the last of the two, 
  2.22  then the judge of the district court of the county wherein the 
  2.23  proceeding is pending, or if there be more than one judge in 
  2.24  said county then any judge in chambers, shall have jurisdiction 
  2.25  to appoint, and upon application of either or both of the two so 
  2.26  selected shall appoint, the third person to the board and the 
  2.27  person so appointed by the judge with the two first selected 
  2.28  shall constitute the board.  The board must hear the matter 
  2.29  within 30 days after the third member of the board is appointed 
  2.30  and issue a decision within 30 days after the hearing.  The 
  2.31  parties may agree to waive the ten-day deadline for appointment 
  2.32  of the first two members of the board and the 30-day deadlines 
  2.33  for holding a hearing and issuing a decision. 
  2.34     The veteran may appeal from the decision of the board upon 
  2.35  the charges to the district court by causing written notice of 
  2.36  appeal, stating the grounds thereof, to be served upon the 
  3.1   governmental subdivision entity or officer making the charges 
  3.2   within 15 days after notice of the decision and by filing the 
  3.3   original notice of appeal with proof of service thereof in the 
  3.4   office of the court administrator of the district court within 
  3.5   ten days after service thereof. 
  3.6      Nothing in section 197.455 or this section shall be 
  3.7   construed to apply to the position of private secretary, 
  3.8   teacher, superintendent of schools, or one chief deputy of any 
  3.9   elected official or head of a department, or to any person 
  3.10  holding a strictly confidential relation to the appointing 
  3.11  officer.  The burden of establishing such relationship shall be 
  3.12  upon the appointing officer in all proceedings and actions 
  3.13  relating thereto. 
  3.14     (e) All officers, boards, commissions, and employees shall 
  3.15  conform to, comply with, and aid in all proper ways in carrying 
  3.16  into effect the provisions of section 197.455 and this section 
  3.17  notwithstanding any laws, charter provisions, ordinances, or 
  3.18  rules to the contrary.  Any willful violation of such sections 
  3.19  by officers, officials, or employees is a misdemeanor.  
  3.20     (f) The employer shall pay the costs of the three-person 
  3.21  boards appointed under paragraph (d), including the costs of 
  3.22  court reporters for the hearings. 
  3.23     (g) Parties to an employment agreement covered by this 
  3.24  section may contractually agree that an employee who is a 
  3.25  veteran is limited to a hearing under this section or the 
  3.26  disciplinary process available to all employees of the 
  3.27  governmental entity, but not both. 
  3.28     (h) Beginning 60 days after an employee receives 
  3.29  notification of the employer's intent to discharge the employee, 
  3.30  the employee's wages must be escrowed until the conclusion of 
  3.31  the hearing and any appeals under paragraph (d).