Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
44.03 MERIT SYSTEM.
Subdivision 1. Classified service; exceptions. In any municipality establishing the merit
system under this chapter, every employee of the municipality shall be in the classified service
except the following:
(a) Any officer chosen by popular election or appointed to fill a vacancy in an elective office.
(b) Any official reporter, bailiff, or other employee appointed by any court, or judge or
justice thereof.
(c) Members of any board or commission provided for by statute, charter, or ordinance.
(d) The city manager.
(e) Any other employee expressly excluded by the merit system ordinance.
Subd. 2. Employees, placing in unclassified service. The council may make the exclusions
authorized in subdivision 1, clause (e), by entire departments, by class of position, or by
individual positions; but no position under the jurisdiction of a police or firefighter's civil service
commission at the time the merit system is adopted in any municipality shall be so excluded by
the original merit system ordinance and no such position shall be thereafter excluded unless the
ordinance proposing to do so is submitted to the voters as a separate proposition and approved by
two-thirds of those voting on the proposition of its adoption. After the ordinance establishing
the merit system has been approved by the voters in a municipality, the council may add to or
subtract from the exclusions made under subdivision 1, clause (e), by an amendment to the
original ordinance approved by the voters as in the case of the original ordinance. Any position
established by the municipality after the original ordinance is approved by the voters shall be
in the classified service without further action by the council unless the position is (1) excluded
from the classified service by subdivision 1, clause (a), (b), (c), (d), or (e) in a department or
class of positions excluded from the classified service by the merit system ordinance; but any
such position may thereafter be excluded from the classified service by ordinance amendment
adopted under subdivision 1, clause (e).
History: 1951 c 675 s 3; 1973 c 123 art 5 s 7; 1977 c 429 s 63
Subdivision 1. Classified service; exceptions. In any municipality establishing the merit
system under this chapter, every employee of the municipality shall be in the classified service
except the following:
(a) Any officer chosen by popular election or appointed to fill a vacancy in an elective office.
(b) Any official reporter, bailiff, or other employee appointed by any court, or judge or
justice thereof.
(c) Members of any board or commission provided for by statute, charter, or ordinance.
(d) The city manager.
(e) Any other employee expressly excluded by the merit system ordinance.
Subd. 2. Employees, placing in unclassified service. The council may make the exclusions
authorized in subdivision 1, clause (e), by entire departments, by class of position, or by
individual positions; but no position under the jurisdiction of a police or firefighter's civil service
commission at the time the merit system is adopted in any municipality shall be so excluded by
the original merit system ordinance and no such position shall be thereafter excluded unless the
ordinance proposing to do so is submitted to the voters as a separate proposition and approved by
two-thirds of those voting on the proposition of its adoption. After the ordinance establishing
the merit system has been approved by the voters in a municipality, the council may add to or
subtract from the exclusions made under subdivision 1, clause (e), by an amendment to the
original ordinance approved by the voters as in the case of the original ordinance. Any position
established by the municipality after the original ordinance is approved by the voters shall be
in the classified service without further action by the council unless the position is (1) excluded
from the classified service by subdivision 1, clause (a), (b), (c), (d), or (e) in a department or
class of positions excluded from the classified service by the merit system ordinance; but any
such position may thereafter be excluded from the classified service by ordinance amendment
adopted under subdivision 1, clause (e).
History: 1951 c 675 s 3; 1973 c 123 art 5 s 7; 1977 c 429 s 63
Official Publication of the State of Minnesota
Revisor of Statutes