HF 2443

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

  1.1                          A bill for an act 
  1.2             relating to Hennepin county; making modifications to 
  1.3             the human resources system; amending Minnesota 
  1.4             Statutes 1998, sections 383B.26; 383B.27, subdivisions 
  1.5             7, 10, 16, 17, and 19; 383B.28, subdivisions 1, 3, and 
  1.6             4; 383B.29; 383B.30; 383B.31; 383B.32, subdivisions 2 
  1.7             and 3; and 383B.34, subdivision 2; repealing Minnesota 
  1.8             Statutes 1998, section 383B.27, subdivisions 3, 4, 5, 
  1.9             6, 11, 12, 13, and 14. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 383B.26, is 
  1.12  amended to read: 
  1.13     383B.26 [HUMAN RESOURCES SYSTEM; PURPOSE.] 
  1.14     The purpose of sections 383B.26 to 383B.42 is to establish 
  1.15  a human resources board and a human resources and employee 
  1.16  relations department in the county of Hennepin to promote and 
  1.17  improve the economy and effectiveness of the governmental 
  1.18  departments under its jurisdiction by the improvement of methods 
  1.19  of human resources administration, which shall include a uniform 
  1.20  system of job classifications, procedures and standards for 
  1.21  hiring, promotion and compensation administration. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 383B.27, 
  1.23  subdivision 7, is amended to read: 
  1.24     Subd. 7.  "Appointing authority" means an elected official, 
  1.25  the head county administrator, director, and management staff of 
  1.26  a department, division, board, commission, person or group of 
  1.27  persons who have the power by law, by resolution of the county 
  2.1   board or by lawfully delegated authority to make appointments to 
  2.2   positions in the county service within the scope of sections 
  2.3   383B.26 to 383B.42. 
  2.4      Sec. 3.  Minnesota Statutes 1998, section 383B.27, 
  2.5   subdivision 10, is amended to read: 
  2.6      Subd. 10.  "Class" means one or more positions sufficiently 
  2.7   similar with respect to similar duties and responsibilities that 
  2.8   for which the same descriptive title can be used with clarity to 
  2.9   designate each position; that similar general qualifications are 
  2.10  needed for the performance of the duties; that comparable 
  2.11  selection procedures may be used to recruit employees; and that 
  2.12  the same schedule of compensation shall be applied to all 
  2.13  positions. 
  2.14     Sec. 4.  Minnesota Statutes 1998, section 383B.27, 
  2.15  subdivision 16, is amended to read: 
  2.16     Subd. 16.  "Probationary period" means that part of the 
  2.17  examining hiring process following certification and appointment 
  2.18  from a list of certified candidates, to enable the appointing 
  2.19  authority to determine whether employees are fit and suitable 
  2.20  for the position to which they have been appointed, transferred, 
  2.21  or promoted.  The appointing authority may discharge a newly 
  2.22  appointed employee during the probationary period without 
  2.23  specifying cause or granting a hearing, except as provided by 
  2.24  section 197.46.  The appointing authority may, during the 
  2.25  probationary period, demote an employee appointed to a position 
  2.26  as a result of a promotion without specifying cause or granting 
  2.27  a hearing, except as provided by section 197.46.  The employee 
  2.28  so demoted shall be returned to a position in the class 
  2.29  previously held by the affected employee.  The appointing 
  2.30  authority may, during the probationary period, return a 
  2.31  transferred employee back to a position in the classification 
  2.32  and organizational unit the employee previously held without 
  2.33  specifying cause or granting a hearing, except as provided by 
  2.34  section 197.46.  When an employee has been transferred from one 
  2.35  department to another and upon the request of the new appointing 
  2.36  authority the employee may be required to serve a probationary 
  3.1   period. 
  3.2      Sec. 5.  Minnesota Statutes 1998, section 383B.27, 
  3.3   subdivision 17, is amended to read: 
  3.4      Subd. 17.  "Classification plan" means a list of the 
  3.5   classes of positions in the classified county service by their 
  3.6   official title. 
  3.7      Sec. 6.  Minnesota Statutes 1998, section 383B.27, 
  3.8   subdivision 19, is amended to read: 
  3.9      Subd. 19.  "Transfer" means a change by an employee from a 
  3.10  position in the same class to a different department or 
  3.11  organizational unit or a change from a position in one class to 
  3.12  a position in another class of comparable level in another 
  3.13  department or in the same department organizational unit or 
  3.14  another department organizational unit. 
  3.15     Sec. 7.  Minnesota Statutes 1998, section 383B.28, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [ESTABLISHMENT.] The Hennepin county human 
  3.18  resources board and human resources and employee relations 
  3.19  department are created. 
  3.20     Sec. 8.  Minnesota Statutes 1998, section 383B.28, 
  3.21  subdivision 3, is amended to read: 
  3.22     Subd. 3.  [COMPENSATION.] Compensation for members of the 
  3.23  human resources board shall be set by the county board.  Members 
  3.24  of the board shall be compensated at the rate not to exceed $50 
  3.25  per day spent on board meetings and personnel human resources 
  3.26  activities when authorized by the board to represent the board.  
  3.27  Expenses shall be allowed in the same manner and amount as 
  3.28  received by county employees. 
  3.29     Sec. 9.  Minnesota Statutes 1998, section 383B.28, 
  3.30  subdivision 4, is amended to read: 
  3.31     Subd. 4.  [ORGANIZATION.] The board shall organize by 
  3.32  electing one of its members as chair and one as vice-chair.  The 
  3.33  human resources director shall serve as secretary. 
  3.34     Sec. 10.  Minnesota Statutes 1998, section 383B.29, is 
  3.35  amended to read: 
  3.36     383B.29 [DUTIES OF THE HUMAN RESOURCES BOARD.] 
  4.1      Subdivision 1.  [BOARD PROCEEDINGS.] When any member of the 
  4.2   board is not present at the time a matter is submitted to the 
  4.3   board such matter shall be deemed submitted to each member of 
  4.4   the board with like effect as though each member of the board 
  4.5   had been present at the time of submission of such matter.  
  4.6   Whenever during the consideration of a matter which is before 
  4.7   the board, there is a change in the personnel of the board, the 
  4.8   matter shall be deemed submitted to the new member, or members, 
  4.9   as though said new member, or members, had been a member of the 
  4.10  board at the time of the submission of the matter. 
  4.11     No meetings of the board shall be held unless at least four 
  4.12  members are present.  A majority vote of all members present 
  4.13  shall constitute the decision of the board.  The board shall 
  4.14  keep records and minutes of its business and official actions 
  4.15  which shall be open to public inspection subject to such 
  4.16  reasonable rules as to time and place of inspection as the board 
  4.17  may establish. 
  4.18     Subd. 2.  [DUTIES.] The board shall: 
  4.19     (a) Establish rules for the classified service with the 
  4.20  assistance of the human resources director.  All rules and 
  4.21  amendments proposed by the board shall be subject to public 
  4.22  hearing upon prior notice to department heads, employees, 
  4.23  affected labor organizations, and the public, as the board may, 
  4.24  by rule prescribe.  The rules as approved by the majority vote 
  4.25  of the board shall be submitted to the county board for approval 
  4.26  or rejection.  When approved, by majority vote and in the form 
  4.27  of a written resolution, the rules shall have the force and 
  4.28  effect of law.  The rules may be amended and repealed with the 
  4.29  consent of the county board in the same manner as provided for 
  4.30  original adoption.  The rules shall provide for: 
  4.31     (1) the rejection of otherwise eligible 
  4.32  applicants/candidates who fail to comply with the reasonable 
  4.33  requirements of the director; 
  4.34     (2) examinations which shall be competitive and 
  4.35  standardized and which may consist of any one or a combination 
  4.36  of the following:  written or oral tests of the subjective or 
  5.1   objective type, physical tests, practical or demonstration 
  5.2   tests, or evaluation of past training and experience.  Oral 
  5.3   tests, either of the question and answer type or the interview 
  5.4   type may be used to test the candidates; 
  5.5      (3) the creation of eligible lists upon which shall be 
  5.6   entered the names of successful candidates; 
  5.7      (4) the appointment of eligible candidates who have 
  5.8   qualified through the examination process, or through a 
  5.9   qualifying selection process pursuant to section 383B.31, clause 
  5.10  (h), if the vacancy is not filled by recall from the layoff 
  5.11  list, demotion, transfer, or reinstatement.  The 20 persons 
  5.12  receiving the highest examination scores when available shall be 
  5.13  referred to department heads when a vacancy occurs, with waiver 
  5.14  in extreme or unique conditions subject to six-sevenths approval 
  5.15  of the board; 
  5.16     (5) if more than one vacancy is to be filled, additional 
  5.17  names may be added to the certification list in accordance with 
  5.18  the rules adopted under this subdivision; 
  5.19     (6) a period of probation during which period the 
  5.20  probationer may be discharged or demoted, without right of 
  5.21  appeal.  The period of probation shall not exceed six months 
  5.22  unless changed by six-sevenths approval of the board due to 
  5.23  extreme or unique conditions; 
  5.24     (7) seasonal, provisional, temporary and emergency 
  5.25  appointments.  The appointments, except seasonal appointments, 
  5.26  shall not exceed six calendar months in any 12-month period.  
  5.27  Seasonal appointments shall not exceed nine calendar months in 
  5.28  any 12-month period; 
  5.29     (8) transfers from other public employers or within county 
  5.30  service; and reinstatement of persons who without fault or 
  5.31  delinquency on their part are separated from the service or 
  5.32  demoted; 
  5.33     (9) promotion based upon competitive examinations.  
  5.34  Whenever practicable vacancies shall be filled by promotion; 
  5.35     (10) suspensions without pay for no longer than 20 working 
  5.36  days for disciplinary purposes; for leaves of absence with or 
  6.1   without pay; for layoffs; for hours of employment; for vacations 
  6.2   and sick leave; severance pay, and other benefits and emoluments 
  6.3   as may improve the public service; 
  6.4      (11) discharge or demotion of a permanent employee only 
  6.5   when the person has been presented with written charges and has 
  6.6   been allowed a hearing pursuant to section 383B.38; and 
  6.7      (12) the establishment of reasonable fees, not to exceed 50 
  6.8   percent of the actual cost, to be charged for the furnishing of 
  6.9   a copy of the record, including a transcript of any testimony, 
  6.10  of any hearing held before the board under sections 383B.26 to 
  6.11  383B.42. 
  6.12     (b) Provide a compensation plan for county employees not 
  6.13  represented by an exclusive bargaining representative to be 
  6.14  presented to the county board for approval. 
  6.15     (c) Make investigations of its own motion concerning the 
  6.16  enforcement and effect of sections 383B.26 to 383B.42, and the 
  6.17  rules thereunder.  
  6.18     (1) selection methods and establishment of lists to fill 
  6.19  positions in county service, including promotion; 
  6.20     (2) appointment of qualified candidates to vacant 
  6.21  positions, if the vacancy is not filled by recall from the 
  6.22  layoff list, demotion, reinstatement, reassignment, transfer 
  6.23  from other employers, or with county service.  Whenever 
  6.24  possible, vacancies shall be filled by promotion.  When 
  6.25  available, the 20 persons having the highest qualifications 
  6.26  which meet the requirements of the position to be filled shall 
  6.27  be referred to the appointing authority when a vacancy occurs; 
  6.28     (3) a period of probation during which the probationer may 
  6.29  be discharged or demoted without right of appeal.  The period of 
  6.30  probation shall not exceed six months unless, due to extreme or 
  6.31  unique conditions, it is changed by a six-sevenths approval of 
  6.32  the board; 
  6.33     (4) seasonal, provisional, temporary, and emergency 
  6.34  appointments.  Except for seasonal appointments which may not 
  6.35  exceed nine calendar months in any 12-month period, appointments 
  6.36  may not exceed six calendar months in any 12-month period; 
  7.1      (5) voluntary demotion, reassignment, transfers from within 
  7.2   county service or other employers, and reinstatement of persons 
  7.3   who without fault or delinquency on their part are separated 
  7.4   from the service or demoted; 
  7.5      (6) a compensation plan for classes or positions not 
  7.6   represented by an exclusive bargaining representative to be 
  7.7   presented to the county board for approval; 
  7.8      (7) a classification plan for positions in the county 
  7.9   service to be presented to the county board for approval; 
  7.10     (8) leaves of absence with or without pay, layoffs, hours 
  7.11  of employment, vacations and sick leave, severance pay, and 
  7.12  other benefits and emoluments as may improve the public service, 
  7.13     (9) suspensions without pay for disciplinary purposes, 
  7.14  discharge, or demotion of a permanent employee only when the 
  7.15  person has been presented with written charges and has been 
  7.16  allowed a hearing; 
  7.17     (10) establishment of reasonable fees, not to exceed the 
  7.18  actual cost of service or material provided; 
  7.19     (11) establishment of rules of conduct which shall be 
  7.20  deemed to be conditions of employment in county service; and 
  7.21     (12) policies to deal with falsification of an application 
  7.22  or record to improve prospects for employment by interference 
  7.23  with the selection process. 
  7.24     (d) (b) Hear and decide appeals within the jurisdiction of 
  7.25  the board, if there has been a preliminary showing to the board 
  7.26  attorney that a rule violation has occurred.  Any such board 
  7.27  attorney ruling may be appealed to the board.  
  7.28     Subd. 3.  [HEARING OFFICERS.] The board, with the 
  7.29  assistance of the human resources director, shall utilize and 
  7.30  prescribe the duties of hearing officers, or contract with the 
  7.31  office of hearing examiners pursuant to section 14.55.  When it 
  7.32  is determined that a disciplinary or veteran's hearing be held 
  7.33  which requires a hearing officer, the director will first 
  7.34  ascertain the availability and timeliness of scheduling the 
  7.35  hearing through the office of hearing examiners pursuant to 
  7.36  section 14.55.  If it is determined that a prompt hearing is not 
  8.1   readily available through the office of hearing examiners, the 
  8.2   board, with the assistance of the human resources director, may 
  8.3   then utilize an impartial hearing officer.  Decisions of the 
  8.4   hearing officers are final and binding on the parties and the 
  8.5   human resources board, except as provided by section 197.46. 
  8.6      Sec. 11.  Minnesota Statutes 1998, section 383B.30, is 
  8.7   amended to read: 
  8.8      383B.30 [DIRECTOR; SELECTION AND TENURE.] 
  8.9      The board county administrator, with the approval of the 
  8.10  county board, shall appoint a human resources director on the 
  8.11  basis of merit and fitness as a result of competitive 
  8.12  examinations.  The human resources director shall be in the 
  8.13  classified service and shall not be removed by the board except 
  8.14  under written charges in accordance with sections 383B.26 to 
  8.15  383B.42 and after a public hearing by the board. 
  8.16     Sec. 12.  Minnesota Statutes 1998, section 383B.31, is 
  8.17  amended to read: 
  8.18     383B.31 [DUTIES OF THE HUMAN RESOURCES DIRECTOR.] 
  8.19     The human resources director as administrator of the human 
  8.20  resources and employee relations department shall cooperate with 
  8.21  and assist department heads and elected officials in providing 
  8.22  an effective human resources program.  The human resources 
  8.23  director shall direct and supervise all of the human 
  8.24  resources and employee relations department's administrative and 
  8.25  technical activities in addition to the duties imposed on 
  8.26  the human resources director in sections 383B.26 to 383B.42.  
  8.27  The human resources director shall: 
  8.28     (a) Attend the meetings of the board, act as its secretary 
  8.29  and maintain its official records. 
  8.30     (b) Appoint the employees of the human resources and 
  8.31  employee relations department in accordance with and subject to 
  8.32  the provisions of sections 383B.26 to 383B.42. 
  8.33     (c) Recommend rules and amendments to rules for the 
  8.34  administration of sections 383B.26 to 383B.42. 
  8.35     (d) Establish uniform procedures and standards to: 
  8.36     (1) Prepare, recommend, and maintain a classification plan 
  9.1   which shall group all positions in the classified service county 
  9.2   into classes, based on their duties and responsibilities.  The 
  9.3   classification plan shall identify for each class a title, a 
  9.4   statement of duties, authority and responsibilities and 
  9.5   qualifications necessary for the position.  The classification 
  9.6   plan shall be effective upon approval by the board and the 
  9.7   county board.  Periodic job audits shall be made of positions 
  9.8   for the purpose of keeping the classification plan current with 
  9.9   changes in work assignments. 
  9.10     (e) (2) Prepare, recommend, and maintain a compensation 
  9.11  plan for the classified county service.  The compensation plan 
  9.12  may include benefits and other emoluments to improve public 
  9.13  service as determined by the human resources director.  
  9.14  Compensation plans when approved by a majority vote of the human 
  9.15  resources board shall be recommended to the county board who may 
  9.16  approve or reject such the plans or portions thereof of the 
  9.17  plans. 
  9.18     (f) Establish programs for the training and education of 
  9.19  employees to improve the quality of services rendered. 
  9.20     (g) (3) Except as provided in clauses (h) and (i) (4) and 
  9.21  (5), develop and hold competitive examinations to determine the 
  9.22  qualifications of persons seeking employment in any class and to 
  9.23  establish lists of those passing such the examinations.  The 
  9.24  examination process shall provide for:  (i) the rejection of 
  9.25  otherwise eligible applicants or candidates who fail to comply 
  9.26  with the reasonable requirements of the human resources 
  9.27  director; and (ii) examinations which may consist of any one or 
  9.28  a combination of the following written or oral tests of the 
  9.29  subjective or objective type, physical tests, practical or 
  9.30  demonstration tests, or evaluation of past training and 
  9.31  experience.  Oral tests, either of the question and answer type 
  9.32  or the interview type may be used to test the candidates. 
  9.33     (h) (4) Develop a procedure and define the criteria for the 
  9.34  selection and referral of qualified applicants to fill positions 
  9.35  in classifications involving unskilled tasks or in 
  9.36  classifications which require state licensure or certification 
 10.1   to engage in the activity.  The classifications shall be 
 10.2   authorized by the board and county board.  Applicants to fill 
 10.3   vacancies in the classifications shall be exempt from ranking 
 10.4   and certification provided for in section 383B.29, subdivision 
 10.5   2, clauses (a)(3), (4) and (5) paragraph (a), clause (2).  
 10.6   The human resources director shall refer all qualified 
 10.7   applicants to the appointing authority having vacancies in the 
 10.8   appropriate classifications. 
 10.9      (i) (5) Establish alternative selection procedures to 
 10.10  measure the ability of persons whose handicaps disabilities are 
 10.11  so severe that the usual selection process cannot adequately 
 10.12  predict job performance.  Alternative selection procedures may 
 10.13  include an on-the-job trial period not to exceed 640 hours to be 
 10.14  paid or not by mutual agreement between the person applying for 
 10.15  the position and the director.  
 10.16     (j) (6) When a vacancy is to be filled, to certify to the 
 10.17  appointing authority upon requisition, the names of the persons 
 10.18  highest on the appropriate layoff list for the class.  If there 
 10.19  is no layoff list, the human resources director shall certify 
 10.20  those on the appropriate eligible list for the class.  If there 
 10.21  is no eligible list, the director may authorize temporary 
 10.22  appointment pending establishment of an eligible list for the 
 10.23  class. 
 10.24     (k) (7) Maintain records necessary for the proper 
 10.25  administration of sections 383B.26 to 383B.42. 
 10.26     (l) (8) Provide a system for checking payrolls and accounts 
 10.27  for the payment of compensation to employees in the classified 
 10.28  and unclassified service so as to enable the human resources 
 10.29  director, upon evidence thereof, to certify or cause to be 
 10.30  certified that the persons whose names appear thereon on payroll 
 10.31  or accounts for payments of compensation to employees have been 
 10.32  employed or are on authorized leave before payment may be 
 10.33  lawfully made to such the employees. 
 10.34     (m) (9) Make investigations concerning the administration 
 10.35  of sections 383B.26 to 383B.42 and rules made thereunder.  Take 
 10.36  corrective actions as deemed reasonable and appropriate to the 
 11.1   situation. 
 11.2      (n) (10) Make investigations and reports required by the 
 11.3   board or the county board and report thereon. 
 11.4      (o) (11) Make an annual report to the county board and the 
 11.5   human resources board on the activities of the human resources 
 11.6   department. 
 11.7      Sec. 13.  Minnesota Statutes 1998, section 383B.32, 
 11.8   subdivision 2, is amended to read: 
 11.9      Subd. 2.  [UNCLASSIFIED SERVICE.] The unclassified service 
 11.10  comprises: 
 11.11     (a) Officers chosen by election or appointment to fill an 
 11.12  elective office. 
 11.13     (b) Members of boards and commissions appointed by the 
 11.14  county board. 
 11.15     (c) Physicians, medical residents, interns, and students in 
 11.16  training. 
 11.17     (d) Nonsalaried attending medical staff. 
 11.18     (e) Special sheriffs deputies serving without pay. 
 11.19     (f) Seasonal, temporary, provisional, intermittent, and 
 11.20  emergency positions. 
 11.21     (g) Positions funded by specific governmental or 
 11.22  nongovernmental grants of intermittent or limited funding 
 11.23  duration. 
 11.24     (h) The head director or principal administrative officer 
 11.25  of a bureau or department appointed pursuant to sections 
 11.26  383B.101 to 383B.103; or appointed by the county board; or 
 11.27  appointed for a term pursuant to statute.  Notwithstanding any 
 11.28  contrary provision of other law, any person coming within this 
 11.29  provision, who, on August 11, 1980 1, 1999, is in the classified 
 11.30  service, shall remain in the classified service until vacating 
 11.31  the position.  Thereafter, any appointment hereunder shall be in 
 11.32  the unclassified service. 
 11.33     (i) Chief deputy or principal assistant and secretary for 
 11.34  each elected official. 
 11.35     (j) Examiner of titles and deputy examiners. 
 11.36     (k) Chief criminal deputy sheriff, a chief civil deputy 
 12.1   sheriff, a chief administrative deputy sheriff, and a chief 
 12.2   financial services deputy sheriff. 
 12.3      (l) Public defender. 
 12.4      (m) Administrative assistant to the district court 
 12.5   administrator. 
 12.6      (n) Temporary judicial appointments performing a special 
 12.7   function. 
 12.8      (o) County medical examiner. 
 12.9      (p) (n) Office staff appointed by the county administrator 
 12.10  pursuant to sections 383B.101 to 383B.103. 
 12.11     (q) (o) County administrator. 
 12.12     Sec. 14.  Minnesota Statutes 1998, section 383B.32, 
 12.13  subdivision 3, is amended to read: 
 12.14     Subd. 3.  [UNCLASSIFIED SERVICE, COMPENSATION.] The human 
 12.15  resources director shall establish a compensation plan in 
 12.16  accordance with section 383B.31, clause (e) for those employees 
 12.17  in the unclassified service identified in subdivision 2, clauses 
 12.18  (c), (d), (f), (h), (i), (j), (k), (m), and (p) (n). 
 12.19     Sec. 15.  Minnesota Statutes 1998, section 383B.34, 
 12.20  subdivision 2, is amended to read: 
 12.21     Subd. 2.  [ALLOCATIONS.] The human resources director shall 
 12.22  allocate positions in the classified service to one of the 
 12.23  classes within the classification plan. 
 12.24     (a) When a position is established, the appointing 
 12.25  authority shall notify the human resources director who shall 
 12.26  allocate that position to a class which will become effective 
 12.27  immediately.  The appointing authority may request 
 12.28  reconsideration from the human resources director in accordance 
 12.29  with the rules of the board.  The human resources director shall 
 12.30  notify the appointing authority of any final action. 
 12.31     (b) Whenever a position appears to be improperly allocated, 
 12.32  the human resources director shall, with or without the written 
 12.33  request of a permanent employee or an appointing authority, 
 12.34  investigate the position.  Following that investigation 
 12.35  the human resources director may either reallocate the position 
 12.36  or deny the request for reallocation.  Notice of the action 
 13.1   shall be given to the appointing authority and the affected 
 13.2   employee.  Unless otherwise provided in the notice, the decision 
 13.3   of the human resources director shall be immediately effective.  
 13.4   The appointing authority or the affected employee may file a 
 13.5   request for reconsideration with the human resources director in 
 13.6   accordance with the rules of the board.  In all cases the burden 
 13.7   of proof shall be upon the person requesting the reallocation. 
 13.8      (c) Except as provided the incumbent of a position which 
 13.9   has been reallocated shall continue in the position only if the 
 13.10  incumbent is eligible for and actually appointed to the position 
 13.11  of the new class in accordance with the rules of the board 
 13.12  governing promotion, transfers and demotion.  If the incumbent 
 13.13  is ineligible to continue in the position and the incumbent is 
 13.14  not transferred, promoted or demoted, the layoff provisions of 
 13.15  sections 383B.26 to 383B.42 shall apply.  Personnel changes 
 13.16  required by the reallocation of positions shall be completed in 
 13.17  accordance with the rules of the board.  Any permanent or 
 13.18  probationary employee whose position is reallocated may compete, 
 13.19  if qualified as defined in the minimum qualifications for the 
 13.20  class specification, in an examination held to fill the 
 13.21  reallocated position as provided in the rules of the board and 
 13.22  shall be considered for appointment if the employee passes the 
 13.23  examination.  
 13.24     (d) When a position is reallocated to a class in a lower 
 13.25  salary range, the human resources director may give 
 13.26  consideration to the employee's service, qualifications, or 
 13.27  other considerations in determining whether the employee shall 
 13.28  continue at the same rate of pay.  Thereafter, as long as the 
 13.29  employee remains in the same position, no salary increase shall 
 13.30  be granted until the salary range of the class exceeds the 
 13.31  employee's present salary. 
 13.32     (e) The board shall review an allocation upon the written 
 13.33  request of the appointing authority or affected employee on the 
 13.34  grounds that the action of the human resources director was not 
 13.35  in accordance with sections 383B.26 to 383B.42. 
 13.36     The human resources director shall submit the record upon 
 14.1   which the action was taken.  Thereafter The board may sustain, 
 14.2   reverse, or modify the action of the human resources director, 
 14.3   or request further evidence from the parties.  The appointing 
 14.4   authority, subject to county board approval, or any employee may 
 14.5   petition the district court for a review and determination of 
 14.6   any alleged arbitrary or capricious action on the part of the 
 14.7   human resources board involving allocation. 
 14.8      Sec. 16.  [REPEALER.] 
 14.9      Minnesota Statutes 1998, section 383B.27, subdivisions 3, 
 14.10  4, 5, 6, 11, 12, 13, and 14, are repealed.