HF 1748

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state employees; modifying grievance
appeal procedures; eliminating a medical examination
requirement; amending Minnesota Statutes 2004,
sections 43A.33, subdivision 3; 43A.34, subdivision 3;
repealing Minnesota Statutes 2004, section 43A.33,
subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 43A.33,
subdivision 3, is amended to read:

Subd. 3.

Procedures.

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.

(a) 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 also include a statement that the employee may
elect to appeal the action to the deleted text begin Office of Administrative
Hearings deleted text end new text begin Bureau of Mediation Services 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
subdivision 4.

(b) 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.

(c) deleted text begin Any permanent employee who is covered by a collective
bargaining agreement may elect to appeal to the chief
administrative law judge within 30 days following the effective
date of the discharge, suspension, or demotion if the collective
bargaining agreement provides that option. In no event may an
employee use both the procedure under this section and the
grievance procedure available pursuant to sections 179A.01 to
179A.25. deleted text end new text begin Within ten days of receipt of the employee's written
notice of appeal, the commissioner of the Bureau of Mediation
Services shall 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.
new text end

new text begin The hearing shall be conducted pursuant to the rules of the
Bureau of Mediation Services. If the arbitrator 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
arbitrator finds that there exists sufficient grounds for
institution of the appointing authority's action but the hearing
record establishes extenuating circumstances, the arbitrator may
reinstate the employee, with full, partial, or no pay, or may
modify the appointing authority's action. The appointing
authority shall bear the costs of the arbitrator for hearings
provided for in this section.
new text end

Sec. 2.

Minnesota Statutes 2004, section 43A.34,
subdivision 3, is amended to read:

Subd. 3.

Correctional personnel exempted.

Any employee
of the state of Minnesota in a covered classification as defined
in section 352.91, who is a member of the special retirement
program for correctional personnel established pursuant to
sections 352.90 to 352.95, may elect deleted text begin or be required deleted text end to retire
from employment in the covered correctional position upon
reaching the age of 55 years.

deleted text begin A correctional employee occupying a position covered by
provisions of section 352.91, desiring employment beyond the
conditional mandatory retirement age shall, at least 30 days
prior to the date of reaching the conditional mandatory
retirement age of 55 years, and annually thereafter, request in
writing to the employee's appointing authority authorization to
continue in employment in the covered position. Upon receiving
the request, the appointing authority shall have a medical
examination made of the employee. If the results of the medical
examination establish the mental and physical ability of the
employee to continue the duties of employment, the employee
shall be continued in employment for the following year. If the
determination of the appointing authority based upon the results
of the physical examination is adverse, the disposition of the
matter shall be decided by the commissioner of corrections or,
for employees of the Minnesota security hospital, the
commissioner of human services. Based on the information
provided, the decision of the applicable commissioner shall be
made in writing and shall be final.
deleted text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 43A.33, subdivision 4, is
repealed.
new text end