HF 3092

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:30pm

A bill for an act
relating to state government; amending procedures for discipline and discharge of
certain state employees; amending Minnesota Statutes 2020, section 43A.33,
subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 43A.33, subdivision 3, is amended to read:

Subd. 3.

Procedures.

(a) Procedures for discipline and discharge of employees covered
by collective bargaining agreements shall be governed by the agreements. Procedures for
employees not covered by a collective bargaining agreement shall be governed by this
subdivision and by the commissioner's and managerial plans.

(b) For discharge, suspension without pay or demotion, no later than the effective date
of such action, a permanent classified employee not covered by a collective bargaining
agreement shall be given written notice by the appointing authority. The content of that
notice as well as the employee's right to reply to the appointing authority shall be as
prescribed in the grievance procedure contained in the applicable plan established pursuant
to section 43A.18. The notice shall new text begin specify the effective date of the disciplinary action and
new text end also include a statement that the employee may elect to appeal the action to the deleted text begin Bureau of
Mediation Services deleted text end new text begin Office of Administrative Hearings new text end within 30 calendar days following
the effective date of the disciplinary action. A copy of the notice and the employee's reply,
if any, shall be filed by the appointing authority with the commissioner no later than ten
calendar days following the effective date of the disciplinary action. The commissioner
shall have final authority to decide whether the appointing authority shall settle the dispute
prior to the hearing provided under new text begin this new text end subdivision deleted text begin 4 deleted text end new text begin , and shall represent the appointing
authority at the hearing new text end .

(c) For discharge, suspension, or demotion of an employee serving an initial probationary
period, and for noncertification in any subsequent probationary period, grievance procedures
shall be as provided in the plan established pursuant to section 43A.18.

(d) Within ten new text begin business new text end days of receipt of the employee's written notice of appeal, the
deleted text begin commissioner of the Bureau of Mediation Services deleted text end new text begin Chief Administrative Law Judge of the
Office of Administrative Hearings new text end shall deleted text begin provide both parties with a list of potential arbitrators
according to the rules of the Bureau of Mediation Services to hear the appeal. The process
of selecting the arbitrator from the list shall be determined by the plan deleted text end new text begin assign a temporary
administrative law judge as provided in section 14.49 new text end .

The hearing shall be conducted pursuant to the new text begin contested case procedures in chapter 14
and new text end rules of the deleted text begin Bureau of Mediation Services deleted text end new text begin Office of Administrative Hearings and shall
be closed to the public new text end . If the deleted text begin arbitrator deleted text end new text begin judge new text end finds, based on the hearing record, that the
action appealed was not taken by the appointing authority for just cause, the employee shall
be reinstated to the position, or an equal position in another division within the same agency,
without loss of pay. If the deleted text begin arbitrator deleted text end new text begin judge new text end finds that there exists sufficient grounds for
institution of the appointing authority's action but the hearing record establishes extenuating
circumstances, the deleted text begin arbitrator deleted text end new text begin judge new text end may deleted text begin reinstate deleted text end new text begin order the reinstatement of new text end the employee,
with full, partial, or no pay, or may modify the appointing authority's action. new text begin The judge's
order shall be the final decision, but it may be appealed under the provisions of sections
14.63 to 14.69. new text end The appointing authority shall bear the costs of the deleted text begin arbitrator deleted text end new text begin Office of
Administrative Hearings new text end for hearings provided for in this section new text begin ; each party shall bear their
own attorney fees, costs, and expenses new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end