HF 1880

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to veterans; requiring an interview for veterans listed as meeting
minimum qualifications and claiming veterans preference for positions of
state government employment; applying to state civil service certain removal
provisions in current local government law; requiring a report of certain state
employment statistics pertaining to veterans; amending Minnesota Statutes 2008,
sections 43A.11, subdivision 7; 197.455, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 43A.11, subdivision 7, is amended to read:

Subd. 7.

Ranking of veterans.

Applicants who meet the minimum qualifications
for a vacant position and claim disabled veteran's preference shall be listed in the applicant
pool ahead of all other applicants. Applicants who meet the minimum qualifications for a
vacant position and claim nondisabled veteran's preference shall be listed in the applicant
pool after those claiming disabled veteran's preference and ahead of nonveterans. new text begin Each
recently separated veteran who meets minimum qualifications for a vacant position
and has claimed a veterans or disabled veterans preference must be considered for the
position. The top five recently separated veterans must be granted an interview for the
position by the hiring authority.
new text end

new text begin The term "recently separated veteran" means a veteran, as defined in section
197.447, who has served in active military service, at any time on or after September
11, 2001, and who has been honorably discharged from active service, as shown by the
person's form DD-214.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to all
vacancies posted on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to read:

Subdivision 1.

Application.

new text begin (a) new text end This section shall govern preference of a veteran
under the civil service laws, charter provisions, ordinances, rules or regulations of a
county, city, town, school district, or other municipality or political subdivision of this
state. Any provision in a law, charter, ordinance, rule or regulation contrary to the
applicable provisions of this section is void to the extent of such inconsistency.

new text begin (b) new text end Sections 197.46 to 197.48 shall deleted text begin not deleted text end new text begin also new text end apply to deleted text begin state civil service. deleted text end new text begin any
veteran who is an incumbent in a classified appointment in the state civil service and has
completed the probationary period for that position, as defined under section 43A.16. In
matters of dismissal from such position, a qualified veteran has the irrevocable option
of utilizing the procedures described in sections 197.46 to 197.481, or the procedures
provided in the collective bargaining agreement applicable to the person, but not
both. For a qualified veteran electing to use the procedures of 197.46 to 197.481, the
matters governed by these sections shall not be considered grievances under a collective
bargaining agreement, and if a veteran elects to appeal the dispute through these sections,
the veteran shall be precluded from making an appeal under the grievance procedure of
the collective bargaining agreement. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
appointments to state and local government positions of employment made on or after
that date.
new text end

Sec. 3. new text begin REPORTING REQUIRED.
new text end

new text begin (a) The commissioner of administration must collect the following data annually
from each cabinet level state agency, with the exception of the Metropolitan Council,
and must report those data, by agency, by the second week of each legislative session,
beginning in 2011, to the chairs and leading minority members of each of the house of
representatives and senate committees having responsibility for veterans policy and
finance issues:
new text end

new text begin (1) the total number of persons employed in full-time positions of employment
by the state agency;
new text end

new text begin (2) the total number of employees identified in clause (1) who are veterans;
new text end

new text begin (3) the total number of vacant full-time positions in the agency filled by hiring or
appointment during the designated fiscal year;
new text end

new text begin (4) the total number of applications received for the positions identified in clause (3);
new text end

new text begin (5) the total number of applications identified in clause (4) for which veterans
preference was elected by the applicant;
new text end

new text begin (6) the total number of applications identified in clause (5) for which the veteran
applicant was judged by the hiring authority as meeting minimum requirements for the
open positions of employment;
new text end

new text begin (7) the total number of veteran applicants identified in clause (6) who were
interviewed by the hiring authority for the open positions of employment in the agency;
new text end

new text begin (8) the total number of veteran applicants identified in clause (7) who were selected
for and offered employment within the open positions of employment within the agency;
new text end

new text begin (9) the total number of veteran applicants identified in clause (8) who were hired
into the open positions of employment within the agency;
new text end

new text begin (10) the total number of veteran applicants identified in clause (6) who were sent a
rejection letter, in accordance with section 43A.11, subdivision 9; and
new text end

new text begin (11) any other data or information deemed important by the commissioner of
administration and reflecting on the efforts of the subject agency to recruit and hire
veterans.
new text end

new text begin (b) The data must reflect one full fiscal year or one full calendar year, as determined
by the commissioner of finance.
new text end

new text begin The term "veteran" has the meaning given in section 197.447.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end