HF 1609

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state employment; modifying various 
  1.3             provisions of the state personnel system; amending 
  1.4             Minnesota Statutes 2000, sections 43A.02, subdivisions 
  1.5             4, 6, 11, 26, 32, 34, and by adding subdivisions; 
  1.6             43A.04, subdivisions 3 and 4; 43A.05, subdivision 1; 
  1.7             43A.10; 43A.11, subdivisions 3, 4, 5, 6, 7, 8, and 9; 
  1.8             43A.15, subdivisions 1, 4, 7, 14, and 15; 43A.16, 
  1.9             subdivision 1; 43A.191, subdivision 3; 43A.36, 
  1.10            subdivision 1; 43A.39, subdivision 1; and 197.455; 
  1.11            repealing Minnesota Statutes 2000, sections 43A.02, 
  1.12            subdivisions 7, 8, 15, 16, 19, 20, and 37; 43A.12; 
  1.13            43A.13; and 43A.15, subdivisions 2, 3, 8, 9, 10, 11, 
  1.14            and 13. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 43A.02, 
  1.17  subdivision 4, is amended to read: 
  1.18     Subd. 4.  [APPLICANT.] "Applicant" means a person who has 
  1.19  completed a state application for employment and has 
  1.20  submitted it the requisite employment information to the 
  1.21  department of employee relations or other appointing 
  1.22  authority who has been delegated authority to recruit and 
  1.23  examine individuals for state jobs.  
  1.24     Sec. 2.  Minnesota Statutes 2000, section 43A.02, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 4a.  [APPLICANT POOL.] "Applicant pool" means a group 
  1.27  of applicants who have been determined to meet the minimum 
  1.28  qualifications for a vacant position. 
  1.29     Sec. 3.  Minnesota Statutes 2000, section 43A.02, 
  1.30  subdivision 6, is amended to read: 
  2.1      Subd. 6.  [APPOINTMENT.] "Appointment" means the act of 
  2.2   filling a vacancy by placement of a person in a civil service 
  2.3   position through selection from an eligible list a finalist pool 
  2.4   or a noncompetitive or qualifying process including transfer, 
  2.5   demotion or reinstatement.  
  2.6      Sec. 4.  Minnesota Statutes 2000, section 43A.02, 
  2.7   subdivision 11, is amended to read: 
  2.8      Subd. 11.  [CLASS.] "Class" means one or more positions 
  2.9   sufficiently similar with respect to duties and responsibilities 
  2.10  that the same descriptive title may be used with clarity to 
  2.11  designate each position allocated to the class and that the same 
  2.12  general qualifications are needed for performance of the duties 
  2.13  of the class, and that the same schedule of pay can be applied 
  2.14  with equity to all positions in the class under the same or 
  2.15  substantially the same employment conditions. 
  2.16     Sec. 5.  Minnesota Statutes 2000, section 43A.02, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 20a.  [EMERGENCY EMPLOYEE.] "Emergency employee" 
  2.19  means an employee who is appointed for no more than 45 aggregate 
  2.20  working days in any 12-month period in any one agency.  
  2.21     Sec. 6.  Minnesota Statutes 2000, section 43A.02, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 22b.  [FINALIST POOL.] "Finalist pool" means a group 
  2.24  of applicants from the applicant pool that have been determined 
  2.25  to best meet all the qualifications for a vacant position. 
  2.26     Sec. 7.  Minnesota Statutes 2000, section 43A.02, 
  2.27  subdivision 26, is amended to read: 
  2.28     Subd. 26.  [LAYOFF LIST LAID OFF EMPLOYEE.] "Layoff 
  2.29  list Laid off employee" means an eligible list by class of a 
  2.30  former permanent or probationary employees employee who have has 
  2.31  been terminated from positions a position in the a class because 
  2.32  of a shortage of funds or curtailment of service or for any 
  2.33  other reason beyond their the employee's control not reflecting 
  2.34  discredit on the employee.  
  2.35     Sec. 8.  Minnesota Statutes 2000, section 43A.02, 
  2.36  subdivision 32, is amended to read: 
  3.1      Subd. 32.  [PROBATIONARY PERIOD.] "Probationary period", 
  3.2   part of the examination selection process, means a working 
  3.3   period following unlimited appointment to a position in the 
  3.4   classified service, during which the employee is required to 
  3.5   demonstrate ability to perform the duties and fulfill the 
  3.6   responsibilities of the position.  
  3.7      Sec. 9.  Minnesota Statutes 2000, section 43A.02, 
  3.8   subdivision 34, is amended to read: 
  3.9      Subd. 34.  [QUALIFYING APPOINTMENT.] "Qualifying 
  3.10  appointment" means the selection, from other than an eligible 
  3.11  list a finalist pool, of a candidate an applicant who has 
  3.12  demonstrated through an examination a selection process that the 
  3.13  candidate applicant meets minimum job-related requirements.  
  3.14     Sec. 10.  Minnesota Statutes 2000, section 43A.02, is 
  3.15  amended by adding a subdivision to read: 
  3.16     Subd. 37a.  [TEMPORARY EMPLOYEE.] "Temporary employee" 
  3.17  means an employee in the classified service who is appointed 
  3.18  with a definite ending date.  A temporary employee's term of 
  3.19  employment may not exceed a total of 12 months in any 24-month 
  3.20  period in any one agency. 
  3.21     Sec. 11.  Minnesota Statutes 2000, section 43A.04, 
  3.22  subdivision 3, is amended to read: 
  3.23     Subd. 3.  [RULES.] The commissioner shall adopt rules under 
  3.24  the Administrative Procedure Act to implement the provisions of 
  3.25  this chapter that directly affect the rights of or processes 
  3.26  available to the general public.  The rules have the force and 
  3.27  effect of law and may include but are not limited to: 
  3.28     (1) the processes for determining the extent of competition 
  3.29  for filling vacancies, for recruiting applicants, for conducting 
  3.30  competitive open examinations, for ranking candidates and 
  3.31  maintaining competitive open eligible lists, and for 
  3.32  certification and appointment of eligibles from competitive open 
  3.33  eligible lists a selection process and appointment of 
  3.34  applicants; 
  3.35     (2) the process for effecting noncompetitive and qualifying 
  3.36  appointments; 
  4.1      (3) the process for temporary designation of positions in 
  4.2   the unclassified service and for effecting appointments to the 
  4.3   unclassified service; 
  4.4      (4) a statewide affirmative action program to include 
  4.5   requirements for agency affirmative action plans, statewide 
  4.6   policies and procedures, reporting requirements, accountability 
  4.7   and responsibility of employees in the executive branch, and 
  4.8   overall objectives of the program; 
  4.9      (5) conditions under which moving and other expenses may be 
  4.10  authorized and paid prior to appointment to persons who have 
  4.11  accepted state employment; 
  4.12     (6) procedures for administration of the code of ethics for 
  4.13  employees of the executive branch; 
  4.14     (7) examination procedures for candidates with disabilities 
  4.15  as described in section 43A.15, subdivision 14; and 
  4.16     (8) procedures or policies that affect the operation of or 
  4.17  participation in the public employees insurance program. 
  4.18     Sec. 12.  Minnesota Statutes 2000, section 43A.04, 
  4.19  subdivision 4, is amended to read: 
  4.20     Subd. 4.  [ADMINISTRATIVE PROCEDURES.] The commissioner 
  4.21  shall develop administrative procedures, which are not subject 
  4.22  to the rulemaking provisions of the Administrative Procedure 
  4.23  Act, to effect provisions of chapter 43A which do not directly 
  4.24  affect the rights of or processes available to the general 
  4.25  public.  The commissioner may also adopt administrative 
  4.26  procedures, not subject to the Administrative Procedure Act, 
  4.27  which concern topics affecting the general public if those 
  4.28  procedures concern only the internal management of the 
  4.29  department or other agencies and if those elements of the topics 
  4.30  which affect the general public are the subject of department 
  4.31  rules.  
  4.32     Administrative procedures shall be reproduced and made 
  4.33  available for comment to agencies, employees, and appropriate 
  4.34  exclusive representatives certified pursuant to sections 179A.01 
  4.35  to 179A.25, for at least 15 days prior to implementation and 
  4.36  shall include but are not limited to: 
  5.1      (a) maintenance and administration of a plan of 
  5.2   classification for all positions in the classified service and 
  5.3   for comparisons of unclassified positions with positions in the 
  5.4   classified service; 
  5.5      (b) procedures for administration of collective bargaining 
  5.6   agreements and plans established pursuant to section 43A.18 
  5.7   concerning total compensation and the terms and conditions of 
  5.8   employment for employees; 
  5.9      (c) procedures for effecting all personnel actions internal 
  5.10  to the state service such as conduct of competitive promotional 
  5.11  examinations, ranking and certification of employees for 
  5.12  promotion, noncompetitive and qualifying appointments of 
  5.13  employees and leaves of absence; and 
  5.14     (d) maintenance and administration of employee performance 
  5.15  appraisal, training, and other programs; and. 
  5.16     (e) procedures for pilots of the reengineered employee 
  5.17  selection process.  Employment provisions of this chapter, 
  5.18  associated personnel rules adopted under subdivision 3, and 
  5.19  administrative procedures established under clauses (a) and (c) 
  5.20  may be waived for the purposes of these pilots.  The pilots may 
  5.21  affect the rights of and processes available to members of the 
  5.22  general public seeking employment in the classified service.  
  5.23  The commissioner will provide public notice of any pilot 
  5.24  directly affecting the rights of and processes available to the 
  5.25  general public and make the administrative procedures available 
  5.26  for comment to the general public, agencies, employees, and 
  5.27  appropriate exclusive representatives certified pursuant to 
  5.28  sections 179A.01 to 179A.25 for at least 30 days prior to 
  5.29  implementation. 
  5.30     Sec. 13.  Minnesota Statutes 2000, section 43A.05, 
  5.31  subdivision 1, is amended to read: 
  5.32     Subdivision 1.  [GENERAL.] The commissioner through the 
  5.33  personnel bureau shall perform the duties assigned in this 
  5.34  chapter.  The deputy for the personnel bureau shall perform any 
  5.35  duties delegated by the commissioner.  
  5.36     The commissioner's authority and responsibility shall 
  6.1   include but not be limited to maintenance of a classification 
  6.2   plan, assignment of all positions in the classified service to 
  6.3   job classes, maintenance and approval of total compensation 
  6.4   plans for all positions in the executive branch pursuant to the 
  6.5   provisions of section 43A.18 and other provisions of law; 
  6.6   preparation of examinations, rating of candidates for employment 
  6.7   and preparation of eligible lists administration of systems for 
  6.8   employee selection; maintenance of employee performance 
  6.9   appraisal, training and affirmative action programs; and 
  6.10  maintenance and publication of logical career paths in the 
  6.11  classified civil service.  
  6.12     Sec. 14.  Minnesota Statutes 2000, section 43A.10, is 
  6.13  amended to read: 
  6.14     43A.10 [EXAMINATIONS SELECTION PROCESS; ELIGIBILITY TO 
  6.15  COMPETE.] 
  6.16     Subdivision 1.  [GENERAL.] Entrance to the classified 
  6.17  service shall be through successful competition in an 
  6.18  examination and certification a selection process and 
  6.19  appointment from an eligible list a finalist pool except as 
  6.20  provided in section 43A.15 or other law.  
  6.21     Subd. 2.  [EXAMINATION SELECTION CRITERIA AND METHODS.] All 
  6.22  examinations selection criteria and methods for filling 
  6.23  positions in the classified service shall be job related and 
  6.24  designed to fairly assess ability to perform the duties of 
  6.25  the class vacant position for which the examination selection 
  6.26  process is given conducted. 
  6.27     Subd. 2a.  [ELIGIBILITY FOR APPLICANTS.] The commissioner 
  6.28  shall establish, publicize, and enforce minimum requirements for 
  6.29  application and minimum and maximum terms of eligibility for all 
  6.30  applicants.  The appointing authority shall enforce minimum 
  6.31  requirements for application for individuals who express 
  6.32  interest directly to the appointing authority.  
  6.33     Subd. 3.  [FACILITIES FURNISHED EXAMINERS FOR SELECTION 
  6.34  PROCEDURES.] The authorities having control of public buildings 
  6.35  in political subdivisions of the state and school districts, 
  6.36  upon written request of the commissioner, shall furnish 
  7.1   convenient facilities for the administration of examinations 
  7.2   selection procedures.  Upon such request, it shall be the duty 
  7.3   of state and local authorities and employees, as it is 
  7.4   consistent with their other duties, to aid in carrying out the 
  7.5   provisions of this section.  Campuses of the Minnesota state 
  7.6   colleges and universities may charge the commissioner for actual 
  7.7   costs incurred in providing facilities for 
  7.8   examinations selection procedures, provided that the costs were 
  7.9   incurred due solely to the examination selection procedure. 
  7.10     Subd. 4.  [CANDIDATES, ELIGIBLES APPLICANTS; EXPENSES.] The 
  7.11  commissioner or an appointing authority may pay travel expenses 
  7.12  incurred by candidates or eligibles applicants invited for oral 
  7.13  examinations or employment interviews in the manner and amounts 
  7.14  authorized by the commissioner.  
  7.15     Subd. 5.  [ELIGIBILITY FOR COMPETITIVE OPEN EXAMINATIONS.] 
  7.16  Competitive open examinations shall, upon public notice, be open 
  7.17  to all applicants who meet reasonable job-related requirements 
  7.18  fixed by the commissioner.  
  7.19     Subd. 6.  [ELIGIBILITY FOR COMPETITIVE PROMOTIONAL 
  7.20  EXAMINATIONS.] Competitive promotional examinations shall be 
  7.21  open only to employees of the civil service, the Minnesota state 
  7.22  retirement system, the public employees retirement association, 
  7.23  and the teacher's retirement association.  The commissioner may 
  7.24  require that competition be extended to all employees as defined 
  7.25  above or may limit competition to employees of one or more 
  7.26  agencies or organizational units thereof or to employees meeting 
  7.27  specified employment conditions.  
  7.28     Subd. 6a.  [LIMITED SELECTION OF APPLICANTS.] The 
  7.29  commissioner may limit consideration to only those applicants 
  7.30  who have indicated availability for the geographic location, 
  7.31  employment condition, travel status, and career family of the 
  7.32  vacant position.  In addition, the commissioner may limit 
  7.33  consideration to only those applicants who are: 
  7.34     (a) current employees of the civil service, the Minnesota 
  7.35  state retirement system, the public employees retirement 
  7.36  association, and the teacher's retirement association, or 
  8.1   employees of one or more agencies or organizational units 
  8.2   thereof; 
  8.3      (b) laid off employees with previous permanent or 
  8.4   probationary service in the job class of the vacant position.  
  8.5   If there are laid off employees for the class, employment 
  8.6   condition, and geographic location of the vacant position, the 
  8.7   appointing authority shall consider those names as provided in 
  8.8   collective bargaining agreements and plans as established under 
  8.9   section 43A.18; 
  8.10     (c) current and former permanent and probationary employees 
  8.11  of the job class who have separated from the class in good 
  8.12  standing within the past four years and have indicated 
  8.13  availability for reemployment in the class; or 
  8.14     (d) current permanent and probationary employees who have 
  8.15  indicated availability for transfer or demotion to the job class.
  8.16     Subd. 6b.  [REFUSAL TO CONSIDER AN APPLICANT.] The 
  8.17  commissioner may remove from consideration any applicant who: 
  8.18     (a) is found to lack any of the requirements established 
  8.19  for the vacant position for which the applicant is being 
  8.20  considered; 
  8.21     (b) has been dismissed for cause from the public service; 
  8.22     (c) has directly or indirectly given or promised to give 
  8.23  anything of value to any person in connection with the selection 
  8.24  process, appointment, or proposed appointment; 
  8.25     (d) has made a false statement of any material fact, or 
  8.26  practiced or attempted to practice any deception or fraud in the 
  8.27  application or selection process in securing eligibility or 
  8.28  appointment; or 
  8.29     (e) has a prior conviction of a crime directly related to 
  8.30  the vacant position provided such refusal is consistent with the 
  8.31  requirements and procedures of chapter 364. 
  8.32  When the commissioner refuses to consider an applicant, the 
  8.33  commissioner shall, upon request of the applicant refused, 
  8.34  furnish the applicant a statement of the reasons for the 
  8.35  refusal.  Upon receipt of relevant information, the commissioner 
  8.36  shall reconsider the refusal and may consider the applicant. 
  9.1      Subd. 7.  [EXAMINATION SELECTION PROCESS ACCOMMODATIONS.] 
  9.2   Upon request, the commissioner or appointing authority shall 
  9.3   provide examination selection process accommodations to a 
  9.4   candidate an applicant with a disability that does not prevent 
  9.5   performance of the duties of the class position.  The 
  9.6   accommodations must provide an opportunity to fairly examine 
  9.7   assess the ability of the candidate applicant to perform the 
  9.8   duties of the class position notwithstanding the disability but 
  9.9   must preserve, to the extent feasible, the validity of the 
  9.10  examination selection process and equitable comparison of 
  9.11  examination scores results with the results of competitors 
  9.12  without disabilities.  
  9.13     Subd. 8.  [ELIGIBILITY FOR QUALIFIED DISABLED 
  9.14  EXAMINATIONS SELECTION PROCESS.] The commissioner shall 
  9.15  establish alternative examination methods to assess the 
  9.16  qualifications of applicants for a competitive open or 
  9.17  competitive promotional examination vacant position who have a 
  9.18  disability that does not prevent performance of the duties of 
  9.19  the class position but that cannot be accommodated in the 
  9.20  regular examination selection process.  Alternative examination 
  9.21  selection methods offered must allow candidates for competitive 
  9.22  open and competitive promotional exams applicants to demonstrate 
  9.23  possession of the same knowledge, skills, and abilities 
  9.24  essential to satisfactory performance in the job class position 
  9.25  without compromising inferences about other candidates' 
  9.26  applicants' qualifications. 
  9.27     Sec. 15.  Minnesota Statutes 2000, section 43A.11, 
  9.28  subdivision 3, is amended to read: 
  9.29     Subd. 3.  [NONDISABLED VETERAN'S CREDIT.] There shall be 
  9.30  added to the competitive open examination rating of a 
  9.31  nondisabled veteran, who so elects, a credit of five points 
  9.32  provided that the veteran obtained a passing rating on the 
  9.33  examination without the addition of the credit points.  The 
  9.34  nondisabled veteran's credit shall consist of one additional 
  9.35  skill match. 
  9.36     Sec. 16.  Minnesota Statutes 2000, section 43A.11, 
 10.1   subdivision 4, is amended to read: 
 10.2      Subd. 4.  [DISABLED VETERAN'S CREDIT.] There shall be added 
 10.3   to the competitive open examination rating of a disabled 
 10.4   veteran, who so elects, a credit of ten points provided that the 
 10.5   veteran obtained a passing rating on the examination without the 
 10.6   addition of the credit points.  There shall be added to the 
 10.7   competitive promotional examination rating of a disabled 
 10.8   veteran, who so elects, a credit of five points provided that 
 10.9   (a) the veteran obtained a passing rating on the examination 
 10.10  without the addition of the credit points and (b) the veteran is 
 10.11  applying for a first promotion after securing public employment. 
 10.12  The disabled veteran's credit shall consist of two additional 
 10.13  skill matches. 
 10.14     Sec. 17.  Minnesota Statutes 2000, section 43A.11, 
 10.15  subdivision 5, is amended to read: 
 10.16     Subd. 5.  [DISABLED VETERAN; DEFINITIONS DEFINITION.] For 
 10.17  the purpose of the preference to be used in securing appointment 
 10.18  from a competitive open examination in the state's selection 
 10.19  process, "disabled veteran" means a person who has a compensable 
 10.20  service connected disability as adjudicated by the United States 
 10.21  Veterans Administration, or by the retirement board of one of 
 10.22  the several branches of the armed forces, which disability is 
 10.23  existing at the time preference is claimed.  For purposes of the 
 10.24  preference to be used in securing appointment from a competitive 
 10.25  promotional examination, "disabled veteran" means a person who, 
 10.26  at the time of election to use a promotional preference, is 
 10.27  entitled to disability compensation under laws administered by 
 10.28  the veterans administration for a permanent service connected 
 10.29  disability rated at 50 percent or more.  
 10.30     Sec. 18.  Minnesota Statutes 2000, section 43A.11, 
 10.31  subdivision 6, is amended to read: 
 10.32     Subd. 6.  [PREFERENCE FOR SPOUSES.] A preference available 
 10.33  pursuant to this section may be used by the surviving spouse of 
 10.34  a deceased veteran and by the spouse of a disabled veteran who 
 10.35  because of the disability is unable to qualify work.  
 10.36     Sec. 19.  Minnesota Statutes 2000, section 43A.11, 
 11.1   subdivision 7, is amended to read: 
 11.2      Subd. 7.  [RANKING OF VETERANS.] An eligible with a rating 
 11.3   augmented by veteran's preference shall be entered on an 
 11.4   eligible list ahead of a nonveteran with the same rating.  An 
 11.5   applicant meeting the minimum qualifications for a vacant 
 11.6   position and claiming veteran's preference shall be listed in 
 11.7   the applicant pool ahead of a nonveteran. 
 11.8      Sec. 20.  Minnesota Statutes 2000, section 43A.11, 
 11.9   subdivision 8, is amended to read: 
 11.10     Subd. 8.  [NOTIFICATION.] A governmental agency The 
 11.11  commissioner or appointing authority, when notifying eligibles 
 11.12  applicants that they have passed examinations been accepted into 
 11.13  the state's selection process, shall show the final examination 
 11.14  ratings preference credits and shall notify eligibles applicants 
 11.15  that they may elect to use veteran's preference to augment 
 11.16  passing ratings. 
 11.17     Sec. 21.  Minnesota Statutes 2000, section 43A.11, 
 11.18  subdivision 9, is amended to read: 
 11.19     Subd. 9.  [REJECTION; EXPLANATION.] If the appointing 
 11.20  authority rejects a certified eligible finalist in the state's 
 11.21  selection process who has received claimed veteran's preference, 
 11.22  the appointing authority shall notify the eligible finalist in 
 11.23  writing of the reasons for the rejection.  
 11.24     Sec. 22.  Minnesota Statutes 2000, section 43A.15, 
 11.25  subdivision 1, is amended to read: 
 11.26     Subdivision 1.  [GENERAL.] Positions in the classified 
 11.27  service may be filled other than by appointment from eligible 
 11.28  lists the state's selection process only as provided in this 
 11.29  section or other law, provided that appointments made pursuant 
 11.30  to subdivisions 5, 6, 9, 10, 11, and 12 shall be subject to 
 11.31  applicable provisions of collective bargaining agreements.  
 11.32     Sec. 23.  Minnesota Statutes 2000, section 43A.15, 
 11.33  subdivision 4, is amended to read: 
 11.34     Subd. 4.  [PROVISIONAL APPOINTMENTS.] The commissioner may 
 11.35  authorize an appointing authority to make a provisional 
 11.36  appointment if there is an urgent reason for filling a vacancy 
 12.1   and no person on an incomplete certification applicant is 
 12.2   suitable or available for appointment.  
 12.3      No and the person shall to be provisionally appointed 
 12.4   unless the person has passed an appropriate qualifying 
 12.5   examination or is qualified in all respects except for 
 12.6   completion of a licensure or certification requirement.  To the 
 12.7   extent possible, the commissioner shall ensure that provisional 
 12.8   appointments are kept to a minimum.  
 12.9      No person shall be employed on a provisional basis for more 
 12.10  than six months unless the commissioner grants an extension to a 
 12.11  maximum of 12 months in the best interest of the state.  No 
 12.12  extension may be granted beyond 12 months except for persons 
 12.13  provisionally appointed to physician positions or other 
 12.14  positions requiring licensure or certification where there is a 
 12.15  lack of eligibles applicants, and the provisional appointee is 
 12.16  continuing to work to complete the licensure or certification 
 12.17  requirement.  
 12.18     At the request of an appointing authority, the commissioner 
 12.19  may authorize the probationary appointment of a provisional 
 12.20  appointee who has performed satisfactorily for at least 60 
 12.21  days and has completed the licensure or certification 
 12.22  requirement. 
 12.23     Sec. 24.  Minnesota Statutes 2000, section 43A.15, 
 12.24  subdivision 7, is amended to read: 
 12.25     Subd. 7.  [APPOINTMENTS FOR UNCLASSIFIED INCUMBENTS OF 
 12.26  NEWLY CLASSIFIED POSITIONS.] The commissioner may authorize the 
 12.27  probationary appointment of an incumbent who has passed a 
 12.28  qualifying examination selection process and who has served at 
 12.29  least one year in an unclassified position which has been placed 
 12.30  in the classified service by proper authority.  
 12.31     Sec. 25.  Minnesota Statutes 2000, section 43A.15, 
 12.32  subdivision 14, is amended to read: 
 12.33     Subd. 14.  [ON-THE-JOB DEMONSTRATION EXAMINATION PROCESS 
 12.34  AND APPOINTMENT.] The commissioner shall establish qualifying 
 12.35  procedures for candidates applicants whose disabilities are of 
 12.36  such a severe nature that the candidates applicants are unable 
 13.1   to demonstrate their abilities in competitive and qualified 
 13.2   disabled examination processes the selection process.  The 
 13.3   qualifying procedures must consist of up to 700 hours on-the-job 
 13.4   trial work experience which will be in lieu of a competitive 
 13.5   examination and for which the disabled person has the option of 
 13.6   being paid or unpaid.  Up to three persons with severe 
 13.7   disabilities and their job coach may be allowed to demonstrate 
 13.8   their job competence as a unit through the on-the-job trial work 
 13.9   experience examination selection procedure.  This work 
 13.10  experience on-the-job demonstration process must be limited 
 13.11  to candidates for appointment, promotion, or transfer applicants 
 13.12  for which whom there is no reasonable accommodation in 
 13.13  the examination selection process. 
 13.14     The commissioner may authorize the probationary appointment 
 13.15  of a candidate an applicant based on the request of the 
 13.16  appointing authority that documents that the candidate applicant 
 13.17  has successfully demonstrated qualifications for the position 
 13.18  through completion of an on-the-job trial work experience.  The 
 13.19  implementation of this subdivision may not be deemed a violation 
 13.20  of chapter 43A or 363. 
 13.21     Sec. 26.  Minnesota Statutes 2000, section 43A.15, 
 13.22  subdivision 15, is amended to read: 
 13.23     Subd. 15.  [REINSTATEMENT.] An appointing authority may 
 13.24  directly reinstate a person who is a former permanent or 
 13.25  probationary employee of the job class, within four years of 
 13.26  separation from the class.  The four-year limitation does not 
 13.27  apply to former permanent or probationary employees of the class 
 13.28  who are receiving disability benefits under a state retirement 
 13.29  plan. 
 13.30     Sec. 27.  Minnesota Statutes 2000, section 43A.16, 
 13.31  subdivision 1, is amended to read: 
 13.32     Subdivision 1.  [GENERAL.] All unlimited appointments to 
 13.33  positions in the classified service except as provided in this 
 13.34  subdivision shall be for a probationary period the duration of 
 13.35  which shall be determined through collective bargaining 
 13.36  agreements or plans established pursuant to section 43A.18 but 
 14.1   which shall not be less than 30 days of full-time equivalent 
 14.2   service nor more than two years of full-time equivalent 
 14.3   service.  An appointing authority may require a probationary 
 14.4   period for transfers, reemployments, reinstatements, voluntary 
 14.5   demotions, and appointments from layoff lists of former laid off 
 14.6   employees of a different appointing authority.  For employees in 
 14.7   a bargaining unit as defined in section 179A.10 the requirement 
 14.8   of such a probationary period shall be subject to applicable 
 14.9   provisions of collective bargaining agreements.  
 14.10     Sec. 28.  Minnesota Statutes 2000, section 43A.191, 
 14.11  subdivision 3, is amended to read: 
 14.12     Subd. 3.  [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 
 14.13  commissioner shall annually audit the record of each agency to 
 14.14  determine the rate of compliance with affirmative action 
 14.15  requirements. 
 14.16     (b) By March 1 of each odd-numbered year, the commissioner 
 14.17  shall submit a report on affirmative action progress of each 
 14.18  agency and the state as a whole to the governor and to the 
 14.19  finance committee of the senate, the ways and means committee of 
 14.20  the house of representatives, the governmental operations 
 14.21  committees of both houses of the legislature, and the 
 14.22  legislative commission on employee relations.  The report must 
 14.23  include noncompetitive appointments made under section 43A.08, 
 14.24  subdivision 2a, or 43A.15, subdivisions 3 4 to 13 7, and 12, and 
 14.25  cover each agency's rate of compliance with affirmative action 
 14.26  requirements. 
 14.27     (c) An agency that does not meet its hiring goals must 
 14.28  justify its nonaffirmative action hires in competitive and 
 14.29  noncompetitive appointments according to criteria issued by the 
 14.30  department of employee relations.  "Missed opportunity" includes 
 14.31  failure to justify a nonaffirmative action hire.  An agency must 
 14.32  have 25 percent or less missed opportunities in competitive 
 14.33  appointments and 25 percent or less missed opportunities in 
 14.34  appointments made under sections 43A.08, subdivisions 1, clauses 
 14.35  (9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 
 14.36  subdivision 12, and 13.  In addition, an agency shall: 
 15.1      (1) demonstrate a good faith effort to recruit protected 
 15.2   group members by following an active recruitment plan; 
 15.3      (2) implement a coordinated retention plan; and 
 15.4      (3) have an established complaint resolution procedure. 
 15.5      (d) The commissioner shall develop reporting standards and 
 15.6   procedures for measuring compliance. 
 15.7      (e) An agency is encouraged to develop other innovative 
 15.8   ways to promote awareness, acceptance, and appreciation for 
 15.9   diversity and affirmative action.  These innovations will be 
 15.10  considered when evaluating an agency's compliance with this 
 15.11  section. 
 15.12     (f) An agency not in compliance with affirmative action 
 15.13  requirements of this section must identify methods and programs 
 15.14  to improve performance, to reallocate resources internally in 
 15.15  order to increase support for affirmative action programs, and 
 15.16  to submit program and resource reallocation proposals to the 
 15.17  commissioner for approval.  An agency must submit these 
 15.18  proposals within 120 days of being notified by the commissioner 
 15.19  that it is out of compliance with affirmative action 
 15.20  requirements.  The commissioner shall monitor quarterly the 
 15.21  affirmative action programs of an agency found to be out of 
 15.22  compliance. 
 15.23     (g) The commissioner shall establish a program to recognize 
 15.24  an agency that has made significant and measurable progress in 
 15.25  implementing an affirmative action plan. 
 15.26     Sec. 29.  Minnesota Statutes 2000, section 43A.36, 
 15.27  subdivision 1, is amended to read: 
 15.28     Subdivision 1.  [COOPERATION; STATE AGENCIES.] The 
 15.29  commissioner may delegate administrative functions associated 
 15.30  with the duties of the commissioner to appointing authorities 
 15.31  who have the capability to perform such functions when the 
 15.32  commissioner determines that it is in the best interests of the 
 15.33  state civil service.  The commissioner shall consult with 
 15.34  agencies and agencies shall cooperate as appropriate in 
 15.35  implementation of this chapter.  
 15.36     The commissioner, in conjunction with appointing 
 16.1   authorities, shall analyze and assess current and future human 
 16.2   resource requirements of the civil service and coordinate 
 16.3   personnel actions throughout the civil service to meet the 
 16.4   requirements.  The commissioner shall permit appointing 
 16.5   authorities to use eligible lists in making appointments to 
 16.6   positions in the unclassified service and shall provide 
 16.7   recruiting assistance and make applicant data available to 
 16.8   appointing authorities to use in making appointments to 
 16.9   positions in the unclassified service.  
 16.10     The head of each agency in the executive branch shall 
 16.11  designate an agency personnel officer.  The agency personnel 
 16.12  officer shall be accountable to the agency head for all 
 16.13  personnel functions prescribed by laws, rules, collective 
 16.14  bargaining agreements, the commissioner and the agency head.  
 16.15  Except when otherwise prescribed by the agency head in a 
 16.16  specific instance, the personnel officer shall be assumed to be 
 16.17  the authority accountable to the agency head over any other 
 16.18  officer or employee in the agency for personnel functions.  
 16.19     The head of each agency in the executive branch shall 
 16.20  designate an affirmative action officer who shall have primary 
 16.21  responsibility for the administration of the agency's 
 16.22  affirmative action plan.  The officer shall report directly to 
 16.23  the head of the agency on affirmative action matters.  
 16.24     Sec. 30.  Minnesota Statutes 2000, section 43A.39, 
 16.25  subdivision 1, is amended to read: 
 16.26     Subdivision 1.  [PROHIBITED ACTS; PENALTIES.] All employees 
 16.27  shall comply with and aid in all proper ways the enforcement of 
 16.28  the provisions of this chapter.  No employee or any other person 
 16.29  shall intentionally: 
 16.30     (a) Make any false oral or written statement, mark, rating 
 16.31  or report concerning any application, examination, certification 
 16.32  selection process, or appointment made under provisions of this 
 16.33  chapter or in any manner commit or attempt to commit any fraud 
 16.34  preventing the impartial execution of this chapter; 
 16.35     (b) Directly or indirectly, give, render, pay, offer, 
 16.36  solicit, or accept any money, service or other valuable 
 17.1   consideration for any appointment, proposed appointment, 
 17.2   promotion or proposed promotion to, or any advantage in 
 17.3   obtaining, a position in the civil service; 
 17.4      (c) Defeat, deceive or obstruct any person in exercising 
 17.5   rights to examination, eligibility, certification or appointment 
 17.6   under this chapter, or furnish to any person any special or 
 17.7   secret information for the purpose of affecting the rights or 
 17.8   prospects of any person with respect to appointment, advancement 
 17.9   or retention in the classified service; 
 17.10     (d) Violate the provisions of section 43A.37 or 43A.38; or 
 17.11     (e) If in the classified service, engage in activities 
 17.12  prohibited by section 43A.32. 
 17.13     Sec. 31.  Minnesota Statutes 2000, section 197.455, is 
 17.14  amended to read: 
 17.15     197.455 [STATE LAW APPLICABLE VETERAN'S PREFERENCE 
 17.16  APPLIED.] 
 17.17     Subdivision 1.  [SCOPE.] The provisions of this section 
 17.18  43A.11 granting preference to veterans in the state civil 
 17.19  service shall also govern preference of a veteran under the 
 17.20  civil service laws, charter provisions, ordinances, rules or 
 17.21  regulations of a county, city, town, school district, or other 
 17.22  municipality or political subdivision of this state, except that 
 17.23  a notice of rejection stating the reasons for rejection of a 
 17.24  qualified veteran shall be filed with the appropriate local 
 17.25  personnel officer.  Any provision in a law, charter, ordinance, 
 17.26  rule or regulation contrary to the applicable provisions of this 
 17.27  section 43A.11 is void to the extent of such inconsistency.  
 17.28  Sections 197.46 to 197.48 shall not apply to state civil service.
 17.29     Subd. 2.  [CREATION.] Recognizing that training and 
 17.30  experience in the military services of the government and 
 17.31  loyalty and sacrifice for the government are qualifications of 
 17.32  merit which cannot be readily assessed by examination, a 
 17.33  veteran's preference shall be available pursuant to this section 
 17.34  to a veteran as defined in section 197.447. 
 17.35     Subd. 3.  [RESTRICTIONS.] Veteran's preference credit under 
 17.36  this section may not be used by any veteran who is currently 
 18.1   receiving or is eligible to receive a monthly veteran's pension 
 18.2   based exclusively on length of military service. 
 18.3      Subd. 4.  [NONDISABLED VETERAN'S CREDIT.] There shall be 
 18.4   added to the competitive open examination rating of a 
 18.5   nondisabled veteran, who so elects, a credit of five points 
 18.6   provided that the veteran obtained a passing rating on the 
 18.7   examination without the addition of the credit points. 
 18.8      Subd. 5.  [DISABLED VETERAN'S CREDIT.] There shall be added 
 18.9   to the competitive open examination rating of a disabled 
 18.10  veteran, who so elects, a credit of ten points provided that the 
 18.11  veteran obtained a passing rating on the examination without the 
 18.12  addition of the credit points.  There shall be added to the 
 18.13  competitive promotional examination rating of a disabled 
 18.14  veteran, who so elects, a credit of five points provided that: 
 18.15  (1) the veteran obtained a passing rating on the examination 
 18.16  without the addition of the credit points; and (2) the veteran 
 18.17  is applying for a first promotion after securing public 
 18.18  employment. 
 18.19     Subd. 6.  [DISABLED VETERAN; DEFINITIONS.] For the purpose 
 18.20  of the preference to be used in securing appointment from a 
 18.21  competitive open examination, "disabled veteran" means a person 
 18.22  who has a compensable service-connected disability as 
 18.23  adjudicated by the United States Veterans Administration, or by 
 18.24  the retirement board of one of the several branches of the armed 
 18.25  forces, which disability is existing at the time preference is 
 18.26  claimed.  For purposes of the preference to be used in securing 
 18.27  appointment from a competitive promotional examination, 
 18.28  "disabled veteran" means a person who, at the time of election 
 18.29  to use a promotional preference, is entitled to disability 
 18.30  compensation under laws administered by the veterans 
 18.31  administration for a permanent service-connected disability 
 18.32  rated at 50 percent or more. 
 18.33     Subd. 7.  [PREFERENCE FOR SPOUSES.] A preference available 
 18.34  pursuant to this section may be used by the surviving spouse of 
 18.35  a deceased veteran and by the spouse of a disabled veteran who 
 18.36  because of the disability is unable to qualify. 
 19.1      Subd. 8.  [RANKING OF VETERANS.] An applicant with a rating 
 19.2   augmented by veteran's preference shall be entered on an 
 19.3   applicant list ahead of a nonveteran with the same rating. 
 19.4      Subd. 9.  [NOTIFICATION.] A governmental agency when 
 19.5   notifying applicants that they have passed examinations shall 
 19.6   show the final examination ratings preference credits and shall 
 19.7   notify eligibles that they may elect to use veteran's preference 
 19.8   to augment passing ratings.  
 19.9      Subd. 10.  [REJECTION; EXPLANATION.] If the appointing 
 19.10  authority rejects a certified applicant who has received 
 19.11  veteran's preference, the appointing authority shall notify the 
 19.12  applicant in writing of the reasons for the rejection and file 
 19.13  the notice with the appropriate local personnel officer. 
 19.14     Sec. 32.  [PILOT PROJECT.] 
 19.15     The pilot project established by Laws 1995, chapter 248, 
 19.16  article 13, section 2, subdivisions 5 and 6, shall remain in 
 19.17  effect until July 1, 2005, or until the full implementation of 
 19.18  the state's reengineered selection process, whichever occurs 
 19.19  first.  
 19.20     Sec. 33.  [REPEALER.] 
 19.21     Minnesota Statutes 2000, sections 43A.02, subdivisions 7, 
 19.22  8, 15, 16, 19, 20, and 37; 43A.12; 43A.13; and 43A.15, 
 19.23  subdivisions 2, 3, 8, 9, 10, 11, and 13, are repealed. 
 19.24     Sec. 34.  [EFFECTIVE DATE.] 
 19.25     Sections 31 and 32 are effective the day following final 
 19.26  enactment.  Sections 1 to 30 and 33 are effective July 1, 2002, 
 19.27  or on a date determined by the commissioner of employee 
 19.28  relations and published at least 30 days in advance in the State 
 19.29  Register.