HF 4079

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2020 03:36pm

A bill for an act
relating to public employment; requiring certain managerial employee discipline
for financial misfeasance; proposing coding for new law in Minnesota Statutes,
chapter 43A.

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

Section 1.

new text begin [43A.395] LARGE PROGRAMS AND EXPENDITURES; RESPONSIBLE
MANAGERS.
new text end

new text begin Subdivision 1. new text end

new text begin Expenditure sign-off by managerial employee. new text end

new text begin For any program
administered by an executive branch agency that expends $1,000,000 or more over a fiscal
biennium, a managerial employee must approve all program expenditures in writing. The
written approval must include the date of the approval, a brief and accurate description of
the expenditure, and the name and signature of the managerial employee.
new text end

new text begin Subd. 2. new text end

new text begin Discipline. new text end

new text begin (a) If an expenditure under subdivision 1 is determined to have been
in violation of law, rule, or agency procedure, the managerial employee who approved the
expenditure must be disciplined according to paragraph (b).
new text end

new text begin (b)(1) Discipline for a violation of law, rule, or agency procedure that results in a loss
to the state of $1,000,000 or more must be termination of employment.
new text end

new text begin (2) Discipline for a violation of law, rule, or agency procedure that results in a loss to
the state of $100,000 or more, but less than $1,000,000, must be termination or unpaid
suspension of at least four weeks.
new text end

new text begin (3) Discipline for a violation of law, rule, or agency procedure that results in a loss to
the state of less than $100,000 may be termination or unpaid suspension of at least one
week.
new text end

new text begin (c) Nothing in this section precludes criminal prosecution of managers or other employees
or discipline of nonmanagerial employees for a violation for which a managerial employee
was disciplined under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, and applies to collective
bargaining agreements entered into on or after that date.
new text end