SF 1539

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to education; moving teachers at the 
  1.3             Minnesota center for arts education from the 
  1.4             unclassified to the classified service; amending 
  1.5             Minnesota Statutes 1994, section 43A.08, subdivisions 
  1.6             1 and 1a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 43A.08, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
  1.11  positions are held by employees who are: 
  1.12     (1) chosen by election or appointed to fill an elective 
  1.13  office; 
  1.14     (2) heads of agencies required by law to be appointed by 
  1.15  the governor or other elective officers, and the executive or 
  1.16  administrative heads of departments, bureaus, divisions, and 
  1.17  institutions specifically established by law in the unclassified 
  1.18  service; 
  1.19     (3) deputy and assistant agency heads and one confidential 
  1.20  secretary in the agencies listed in subdivision 1a and in the 
  1.21  office of strategic and long-range planning; 
  1.22     (4) the confidential secretary to each of the elective 
  1.23  officers of this state and, for the secretary of state, state 
  1.24  auditor, and state treasurer, an additional deputy, clerk, or 
  1.25  employee; 
  1.26     (5) intermittent help employed by the commissioner of 
  2.1   public safety to assist in the issuance of vehicle licenses; 
  2.2      (6) employees in the offices of the governor and of the 
  2.3   lieutenant governor and one confidential employee for the 
  2.4   governor in the office of the adjutant general; 
  2.5      (7) employees of the Washington, D.C., office of the state 
  2.6   of Minnesota; 
  2.7      (8) employees of the legislature and of legislative 
  2.8   committees or commissions; provided that employees of the 
  2.9   legislative audit commission, except for the legislative 
  2.10  auditor, the deputy legislative auditors, and their confidential 
  2.11  secretaries, shall be employees in the classified service; 
  2.12     (9) presidents, vice-presidents, deans, other managers and 
  2.13  professionals in academic and academic support programs, 
  2.14  administrative or service faculty, teachers, research 
  2.15  assistants, and student employees eligible under terms of the 
  2.16  federal economic opportunity act work study program in the 
  2.17  school and resource center for the arts, state universities and 
  2.18  community colleges, and the higher education board, but not the 
  2.19  custodial, clerical, or maintenance employees, or any 
  2.20  professional or managerial employee performing duties in 
  2.21  connection with the business administration of these 
  2.22  institutions; 
  2.23     (10) officers and enlisted persons in the national guard; 
  2.24     (11) attorneys, legal assistants, and three confidential 
  2.25  employees appointed by the attorney general or employed with the 
  2.26  attorney general's authorization; 
  2.27     (12) judges and all employees of the judicial branch, 
  2.28  referees, receivers, jurors, and notaries public, except 
  2.29  referees and adjusters employed by the department of labor and 
  2.30  industry; 
  2.31     (13) members of the state patrol; provided that selection 
  2.32  and appointment of state patrol troopers must be made in 
  2.33  accordance with applicable laws governing the classified 
  2.34  service; 
  2.35     (14) chaplains employed by the state; 
  2.36     (15) examination monitors and intermittent training 
  3.1   instructors employed by the departments of employee relations 
  3.2   and commerce and by professional examining boards; 
  3.3      (16) student workers; 
  3.4      (17) executive directors or executive secretaries appointed 
  3.5   by and reporting to any policy-making board or commission 
  3.6   established by statute; 
  3.7      (18) employees unclassified pursuant to other statutory 
  3.8   authority; 
  3.9      (19) intermittent help employed by the commissioner of 
  3.10  agriculture to perform duties relating to pesticides, 
  3.11  fertilizer, and seed regulation; and 
  3.12     (20) the administrators and the deputy administrators at 
  3.13  the state academies for the deaf and the blind. 
  3.14     Sec. 2.  Minnesota Statutes 1994, section 43A.08, 
  3.15  subdivision 1a, is amended to read: 
  3.16     Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
  3.17  authorities for the following agencies may designate additional 
  3.18  unclassified positions according to this subdivision:  the 
  3.19  departments of administration; agriculture; commerce; 
  3.20  corrections; economic security; education; employee relations; 
  3.21  trade and economic development; finance; health; human rights; 
  3.22  labor and industry; natural resources; public safety; public 
  3.23  service; human services; revenue; transportation; and veterans 
  3.24  affairs; the housing finance and pollution control agencies; the 
  3.25  state lottery; the state board of investment; the office of 
  3.26  administrative hearings; the office of waste management; the 
  3.27  offices of the attorney general, secretary of state, state 
  3.28  auditor, and state treasurer; the state board of technical 
  3.29  colleges; the higher education board; the higher education 
  3.30  coordinating board; the Minnesota center for arts education, 
  3.31  except for teachers; and the Minnesota zoological board. 
  3.32     A position designated by an appointing authority according 
  3.33  to this subdivision must meet the following standards and 
  3.34  criteria:  
  3.35     (1) the designation of the position would not be contrary 
  3.36  to other law relating specifically to that agency; 
  4.1      (2) the person occupying the position would report directly 
  4.2   to the agency head or deputy agency head and would be designated 
  4.3   as part of the agency head's management team; 
  4.4      (3) the duties of the position would involve significant 
  4.5   discretion and substantial involvement in the development, 
  4.6   interpretation, and implementation of agency policy; 
  4.7      (4) the duties of the position would not require primarily 
  4.8   personnel, accounting, or other technical expertise where 
  4.9   continuity in the position would be important; 
  4.10     (5) there would be a need for the person occupying the 
  4.11  position to be accountable to, loyal to, and compatible with, 
  4.12  the governor and the agency head, the employing statutory board 
  4.13  or commission, or the employing constitutional officer; 
  4.14     (6) the position would be at the level of division or 
  4.15  bureau director or assistant to the agency head; and 
  4.16     (7) the commissioner has approved the designation as being 
  4.17  consistent with the standards and criteria in this subdivision.