HF 3138

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; requiring the legislative auditor to establish a
compensation plan for employees of the auditor, subject to legislative review and
approval; ratifying state labor contracts; amending Minnesota Statutes 2006,
sections 3.855, subdivision 3; 3.971, subdivision 2; 85A.02, subdivision 5a.

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

Section 1.

Minnesota Statutes 2006, section 3.855, subdivision 3, is amended to read:

Subd. 3.

Other salaries and compensation plans.

The commission shall also:

(1) review and approve, reject, or modify a plan for compensation and terms and
conditions of employment prepared and submitted by the commissioner of employee
relations under section 43A.18, subdivision 2, covering all state employees who are not
represented by an exclusive bargaining representative and whose compensation is not
provided for by chapter 43A or other law;

(2) review and approve, reject, or modify a plan for total compensation and terms
and conditions of employment for employees in positions identified as being managerial
under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise
provided for in law or other plans established under chapter 43A;

(3) review and approve, reject, or modify recommendations for salaries submitted
by the governor or other appointing authority under section 15A.0815, subdivision 5,
covering agency head positions listed in section 15A.0815;

(4) review and approve, reject, or modify recommendations for salaries of officials
of higher education systems under section 15A.081, subdivisions 7b and 7c; deleted text begin and deleted text end

(5) review and approve, reject, or modify plans for compensation, terms, and
conditions of employment proposed under section 43A.18, subdivisions 3a and 4 new text begin ; and
new text end

new text begin (6) review and approve, reject, or modify the plan for compensation, terms, and
conditions of employment of classified employees in the office of the legislative auditor
under section 3.971, subdivision 2 new text end .

Sec. 2.

Minnesota Statutes 2006, section 3.971, subdivision 2, is amended to read:

Subd. 2.

Staff; compensation.

The legislative auditor shall establish a Financial
Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this
section. Each division may be supervised by a deputy auditor, appointed by the legislative
auditor, with the approval of the commission, for a term coterminous with the legislative
auditor's term. The deputy auditors may be removed before the expiration of their terms
only for cause. The legislative auditor and deputy auditors may each appoint a confidential
secretary to serve at pleasure. The salaries and benefits of the legislative auditor, deputy
auditors and confidential secretaries shall be determined by the compensation plan
approved by the Legislative Coordinating Commission. The deputy auditors may perform
and exercise the powers, duties and responsibilities imposed by law on the legislative
auditor when authorized by the legislative auditor. The deputy auditors and the confidential
secretaries serve in the unclassified civil service, but all other employees of the legislative
auditor are in the classified civil service. new text begin Compensation for employees of the legislative
auditor in the classified service shall be governed by a plan prepared by the legislative
auditor and approved by the Legislative Coordinating Commission and the legislature
under section 3.855, subdivision 3. new text end While in office, a person appointed deputy for the
Financial Audit Division must hold an active license as a certified public accountant.

Sec. 3.

Minnesota Statutes 2006, section 85A.02, subdivision 5a, is amended to read:

Subd. 5a.

Employees.

(a) The board shall appoint an administrator who shall serve
as the executive secretary and principal administrative officer of the board and, subject
to its approval, shall operate the Minnesota Zoological Garden and enforce all rules and
policy decisions of the board. The administrator must be chosen solely on the basis of
training, experience, and other qualifications appropriate to the field of zoo management
and development. The board shall set the salary of the administrator deleted text begin . The salary of the
administrator may not exceed 130 percent of the salary of the governor deleted text end ; however, any
amount exceeding 95 percent of the salary of the governor must consist of nonstate funds.
The administrator shall perform duties assigned by the board and serves in the unclassified
service at the pleasure of the board. The administrator, with the participation of the
board, shall appoint a development director in the unclassified service or contract with a
development consultant to establish mechanisms to foster community participation in and
community support for the Minnesota Zoological Garden. The board may employ other
necessary professional, technical, and clerical personnel. Employees of the Zoological
Garden are eligible for salary supplement in the same manner as employees of other state
agencies. The commissioner of finance shall determine the amount of salary supplement
based on available funds.

(b) The board may contract with individuals to perform professional services
and may contract for the purchases of necessary species exhibits, supplies, services,
and equipment. The board may also contract for the construction and operation of
entertainment facilities on the zoo grounds that are not directly connected to ordinary
functions of the Zoological Garden. The zoo board may not enter into a final agreement
for construction of an entertainment facility that is not directly connected to the ordinary
functions of the zoo until after final construction plans have been submitted to the chairs
of the senate Finance and house Ways and Means Committees for their recommendations.

The zoo may not contract for entertainment during the period of the Minnesota State
Fair that would directly compete with entertainment at the Minnesota State Fair.

Sec. 4. new text begin LABOR AGREEMENTS AND COMPENSATION PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin American Federation of State, County, and Municipal
Employees, Council 5. new text end

new text begin The labor agreements between the state of Minnesota and the
American Federation of State, County, and Municipal Employees, Council 5, approved
by the Legislative Coordinating Commission Subcommittee on Employee Relations on
August 28, 2007, is ratified.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota Association of Professional Employees. new text end

new text begin The labor agreement
between the state of Minnesota and the Minnesota Association of Professional Employees,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on August 28, 2007, is ratified.
new text end

new text begin Subd. 3. new text end

new text begin American Federation of State, County, and Municipal Employees,
Council 5, Unit 8. new text end

new text begin The labor agreement between the state of Minnesota and the American
Federation of State, County, and Municipal Employees, Council 5, Unit 8, approved
by the Legislative Coordinating Commission Subcommittee on Employee Relations on
August 28, 2007, is ratified.
new text end

new text begin Subd. 4. new text end

new text begin American Federation of State, County, and Municipal Employees,
Council 5, Unit 225. new text end

new text begin The labor agreement between the state of Minnesota and the
American Federation of State, County, and Municipal Employees, Council 5, Unit 225,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 17, 2007, is ratified.
new text end

new text begin Subd. 5. new text end

new text begin State Residential Schools Education Association. new text end

new text begin The labor agreement
between the state of Minnesota and the State Residential Schools Education Association,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 17, 2007, is ratified.
new text end

new text begin Subd. 6. new text end

new text begin Minnesota Government Engineers Council. new text end

new text begin The labor agreement
between the state of Minnesota and the Minnesota Government Engineers Council,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 17, 2007, is ratified.
new text end

new text begin Subd. 7. new text end

new text begin Middle Management Association. new text end

new text begin The labor agreement between the state
of Minnesota and the Middle Management Association, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 17, 2007,
is ratified.
new text end

new text begin Subd. 8. new text end

new text begin State Board of Investment. new text end

new text begin The salary administration plan for the
Minnesota State Board of Investment, as amended and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 17, 2007,
is ratified.
new text end

new text begin Subd. 9. new text end

new text begin Commissioner's plan. new text end

new text begin The commissioner of employee relations' plan for
unrepresented employees, as amended and approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on December 17, 2007, is ratified.
new text end

new text begin Subd. 10. new text end

new text begin Managerial plan. new text end

new text begin The managerial plan, as amended and approved by
the Legislative Coordinating Commission Subcommittee on Employee Relations on
December 17, 2007, is ratified.
new text end

new text begin Subd. 11. new text end

new text begin Minnesota Law Enforcement Association. new text end

new text begin The labor agreement
between the state of Minnesota and the Minnesota Law Enforcement Association,
recommended for approval by the Legislative Coordinating Commission Subcommittee
on Employee Relations on March 14, 2008, is ratified.
new text end

new text begin Subd. 12. new text end

new text begin Inter Faculty Organization. new text end

new text begin The labor agreement between the state
of Minnesota and the Inter Faculty Organization, recommended for approval by the
Legislative Coordinating Commission Subcommittee on Employee Relations on March
14, 2008, is ratified.
new text end

new text begin Subd. 13. new text end

new text begin MnSCU administrators. new text end

new text begin The personnel plan for Minnesota State College
and University administrators, recommended for approval by the Legislative Coordinating
Commission Subcommittee on Employee Relations on March 14, 2008, is ratified.
new text end

new text begin Subd. 14. new text end

new text begin Office of Higher Education. new text end

new text begin The compensation plan for unrepresented
employees of the Office of Higher Education, recommended for approval by the
Legislative Coordinating Commission Subcommittee on Employee Relations on March
14, 2008, is ratified.
new text end

new text begin Subd. 15. new text end

new text begin Minnesota State College Faculty. new text end

new text begin The labor agreement between the
state of Minnesota and the Minnesota State College Faculty, recommended for approval
by the Legislative Coordinating Commission Subcommittee on Employee Relations on
March 27, 2008, is ratified.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2009, and sections 3 and 4 are effective the
day following final enactment.
new text end