HF 2238

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am

A bill for an act
relating to veterans; expanding veterans preference in hiring and dismissal from
state and local government employment by applying current veterans preference
law to teachers; amending Minnesota Statutes 2008, section 197.46.

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

Section 1.

Minnesota Statutes 2008, section 197.46, is amended to read:

197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
OF MANDAMUS.

Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the state, who is a
veteran separated from the military service under honorable conditions, shall be removed
from such position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.

Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
such intent to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.

Request for a hearing concerning such a discharge shall be made in writing and
submitted by mail or personal service to the employment office of the concerned employer
or other appropriate office or person.

In all governmental subdivisions having an established civil service board or
commission, or merit system authority, such hearing for removal or discharge shall be
held before such civil service board or commission or merit system authority. Where no
such civil service board or commission or merit system authority exists, such hearing
shall be held by a board of three persons appointed as follows: one by the governmental
subdivision, one by the veteran, and the third by the two so selected. In the event the two
persons so selected do not appoint the third person within ten days after the appointment
of the last of the two, then the judge of the district court of the county wherein the
proceeding is pending, or if there be more than one judge in said county then any judge in
chambers, shall have jurisdiction to appoint, and upon application of either or both of the
two so selected shall appoint, the third person to the board and the person so appointed
by the judge with the two first selected shall constitute the board. The veteran may
appeal from the decision of the board upon the charges to the district court by causing
written notice of appeal, stating the grounds thereof, to be served upon the governmental
subdivision or officer making the charges within 15 days after notice of the decision and
by filing the original notice of appeal with proof of service thereof in the office of the court
administrator of the district court within ten days after service thereof. Nothing in section
197.455 or this section shall be construed to apply to the position of private secretary,
deleted text begin teacher, deleted text end superintendent of schools, or one chief deputy of any elected official or head of
a department, or to any person holding a strictly confidential relation to the appointing
officer. The burden of establishing such relationship shall be upon the appointing officer
in all proceedings and actions relating thereto.

All officers, boards, commissions, and employees shall conform to, comply with,
and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
Any willful violation of such sections by officers, officials, or employees is a misdemeanor.

new text begin EFFECTIVE DATE. new text end

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