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HF 3109

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 01:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to local government; modifying Ramsey County employment provisions;
amending Minnesota Statutes 2022, sections 383A.288, subdivision 3; 383A.292,
subdivision 1; 383A.294, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2022, section 383A.288, subdivision 3, is amended to read:


Subd. 3.

Eligibility for competitive open examinations.

deleted text begin (a)deleted text end Competitive open
examinations shall, upon public notice, be open to all applicants who meet reasonable
job-related requirements fixed by the Human Resources Department.

deleted text begin (b) Employees in the classified service with permanent tenure who pass an open
competitive examination shall have added to their final examination score one point for
each year of permanent tenure up to a maximum of ten points. This credit shall not be used
for examinations for supervisory positions. During the term of any joint powers agreement
between the city of Saint Paul and Ramsey County joining a city of Saint Paul department
or program and a Ramsey County department or program into a combined department or
program under the direction of Ramsey County, Ramsey County may allow classified
employees of the affected city of Saint Paul department, who pass an open competitive
examination to have added to their final examination score one point for each year of
permanent tenure in the classified service of the city of Saint Paul, up to a maximum of ten
points, in open competitive examinations to fill vacancies in county positions only in the
combined department or program.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 383A.292, subdivision 1, is amended to read:


Subdivision 1.

Temporary appointments.

The human resources director may authorize
the appointing authority to make a temporary appointment of not more than deleted text begin sixdeleted text end new text begin ninenew text end months
in any 12-month period. When practicable, the human resources director may certify any
qualified eligible from an eligible list for the temporary appointment, but may authorize the
appointment of any person deemed qualified by the appointing authority.

Sec. 3.

Minnesota Statutes 2022, section 383A.294, subdivision 3, is amended to read:


Subd. 3.

Notice of disciplinary action.

The appointing authority shall give a permanent
classified employee written notice of the discharge, suspension without pay, or reduction
in pay or position. The written notice shall include a statement of the nature of the disciplinary
action, the specific reasons for the action, the effective date of the action, and a statement
informing the employee of the employee's right to reply within ten working days of receipt
of the notice in writing or, upon request, in person, to the appointing authority or the
authority's designee. The notice shall also include a statement of the employee's right to
appeal to the Personnel Review Board within 30new text begin calendarnew text end days of the effective date of the
disciplinary action, but an employee who elects to reply to the appointing authority may
appeal within ten working days of the receipt of the authority's response to the reply. If the
appointing authority has not responded within 30new text begin calendarnew text end days of receipt of the employee's
reply, the appointing authority shall be deemed to have replied unfavorably to the employee.
A copy of the disciplinary action notice and the employee's reply shall be filed with the
Human Resources Department.

Sec. 4.

Minnesota Statutes 2022, section 383A.294, subdivision 4, is amended to read:


Subd. 4.

Appeal process.

(a) Hearing. Within tennew text begin workingnew text end days of receipt of the
employee's written notice of appeal, the Personnel Review Board shall request the chief
administrative law judge to assign an administrative law judge to hear the appeal. The
hearing shall be conducted as a contested case and both the employee and appointing
authority shall be entitled to present facts at the hearing. The burden of proof shall be on
the appointing authority to establish the basis for its disciplinary action by a preponderance
of the evidence. A record shall be kept of the hearing at the expense of the Personnel Review
Board. The administrative law judge may subpoena and require the attendance of witnesses
and the production of any relevant documents and may administer oaths to witnesses.

(b) Hearing report. Within 30new text begin workingnew text end days after the close of the hearing record, the
administrative law judge shall recommend to the Personnel Review Board an appropriate
disposition of the grievance which shall be in writing and contain findings of fact and
conclusions.

(c) Decisions of Personnel Review Board. Within 30new text begin workingnew text end days of receipt of the
administrative law judge's recommendation, the Personnel Review Board shall act to modify,
reject, or accept the recommendation. If the Personnel Review Board fails to act within 30new text begin
working
new text end days after receipt of the recommendation, it shall be deemed to have accepted the
recommendation of the administrative law judge recommending final disposition of the
grievance. The Personnel Review Board shall not conduct a hearing prior to modifying,
accepting, or rejecting the recommendation of the administrative law judge but shall confine
its review to the record established before the administrative law judge and no party to the
appeal shall have a right to a hearing de novo before the Personnel Review Board.

(d) Appeal of Personnel Review Board decision. The decision of the Personnel Review
Board shall be the final decision regarding the employee's grievance appeal. The decision
may be appealed to district court within 30 calendar days after its receipt, by the appointing
authority or by the employee. The appeal shall be decided by the court upon the board's
record. The decision of the board may be reversed if the hearing record contains no evidence
upon which the Personnel Review Board could have reached its decision or if the Personnel
Review Board abused its discretion.

(e) Effect of Personnel Review Board decision. The Personnel Review Board decision
shall be binding on both the employee and the appointing authority unless on appeal the
decision is stayed, modified, or reversed by the district court.

(f) Proper party to litigation. Ramsey County and not the Personnel Review Board,
shall be a proper party to an appeal or any litigation arising out of sections 383A.281 to
383A.301.

The Personnel Review Board shall have no right to sue or be sued under sections
383A.281 to 383A.301. The county attorney shall represent the county in any litigation
arising out of sections 383A.281 to 383A.301.

An employee may not use both the procedure provided by this section and the grievance
procedure provided by chapter 179A.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day after the governing body of the Ramsey County
Board of Commissioners and its chief clerical officer comply with Minnesota Statutes,
section 645.021, subdivisions 2 and 3.
new text end