HF 2117

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 03:32pm

A bill for an act
relating to veterans preference; modifying certain procedures related to the
veterans preference hearing; amending Minnesota Statutes 2012, section 197.46.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 197.46, is amended to read:

197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
OF MANDAMUS.

new text begin (a) new text end Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the state, who is a
veteran separated from the military service under honorable conditions, shall be removed
from such position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.

new text begin (b) new text end Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
such intent to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.

Request for a hearing concerning such a discharge shall be made in writing and
submitted by mail or personal service to the employment office of the concerned employer
or other appropriate office or person. new text begin If the veteran requests a hearing under this section,
such written request must also contain the veteran's election to be heard by a civil service
board or commission, a merit authority, or a three person panel as defined in paragraph (c).
If the veteran fails to identify the veteran's election, the governmental subdivision may
select the hearing body.
new text end

deleted text begin In all governmental subdivisions having an established civil service board or
commission, or merit system authority, such hearing for removal or discharge shall be held
before such civil service board or commission or merit system authority. Where no such
civil service board or commission or merit system authority exists, such hearing shall be
held by deleted text end new text begin (c) Hearings under this section shall be held by a civil service board or commission,
a merit system authority, or new text end a board of three persons appointed as follows: one by the
governmental subdivision, one by the veteran, and the third by the two so selected. deleted text begin In the
event that deleted text end new text begin In all governmental subdivisions having an established civil service board or
commission or merit system authority, the veteran shall elect which body will hold the
hearing. If new text end the deleted text begin hearing is authorized to be deleted text end new text begin veteran chooses to have the hearing new text end held before
a three-person board, deleted text begin the governmental subdivision's notice of intent to discharge shall
state that deleted text end the veteran must respond within 60 days of receipt of the notice of intent to
discharge, and provide in writing to the governmental subdivision the name, United States
mailing address, and telephone number of the veteran's selected representative for the
three-person board. The failure of a veteran to submit the name, address, and telephone
number of the veteran's selected representative to the governmental subdivision by mail or
by personal service within the provided notice's 60-day period, shall constitute a waiver of
the veteran's right to the hearing and all other legal remedies available for reinstatement of
the veteran's employment position. In the event the two persons selected by the veteran
and governmental subdivision do not appoint the third person within ten days after the
appointment of the last of the two, then the judge of the district court of the county
wherein the proceeding is pending, or if there be more than one judge in said county then
any judge in chambers, shall have jurisdiction to appoint, and upon application of either or
both of the two so selected shall appoint, the third person to the board and the person so
appointed by the judge with the two first selected shall constitute the board.

new text begin (d) new text end Either the veteran or the governmental subdivision may appeal from the decision
of the board upon the charges to the district court by causing written notice of appeal,
stating the grounds thereof, to be served upon the other party within 15 days after notice of
the decision and by filing the original notice of appeal with proof of service thereof in the
office of the court administrator of the district court within ten days after service thereof.
Nothing in section 197.455 or this section shall be construed to apply to the position of
private secretary, superintendent of schools, or one chief deputy of any elected official
or head of a department, or to any person holding a strictly confidential relation to the
appointing officer. Nothing in this section shall be construed to apply to the position of
teacher. The burden of establishing such relationship shall be upon the appointing officer
in all proceedings and actions relating thereto.

new text begin (e) The governmental subdivision shall bear all costs associated with the hearing,
except the veteran's attorney fees.
new text end

All officers, boards, commissions, and employees shall conform to, comply with,
and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
Any willful violation of such sections by officers, officials, or employees is a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all notices of intent to discharge issued on or after that day.
new text end