HF 3149

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to St. Louis county; repealing the St. Louis 
  1.3             county civil service system and establishing a St. 
  1.4             Louis county personnel administration system; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 383C; repealing Minnesota Statutes 2000, 
  1.7             sections 383C.03; 383C.031; 383C.032; 383C.033; 
  1.8             383C.034; 383C.035; 383C.036; 383C.037; 38C.038; 
  1.9             383C.039; 383C.04; 383C.041; 383C.042; 383C.043; 
  1.10            383C.044; 383C.045; 383C.046; 383C.047; 383C.048; 
  1.11            383C.049; 383C.05; 383C.051; 383C.052; 383C.053; 
  1.12            383C.055; 383C.056; 383C.059. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [383C.057] [PERSONNEL ADMINISTRATION SYSTEM.] 
  1.15     The St. Louis county board may establish a county personnel 
  1.16  administration system by a resolution creating an employee 
  1.17  relations department, establishing its effective date, and 
  1.18  appointing a personnel board of appeals according to section 
  1.19  383C.067. 
  1.20     Sec. 2.  [383C.058] [DEFINITIONS.] 
  1.21     Subdivision 1.  [FOR SECTIONS 383C.057 TO 
  1.22  383C.0692.] Unless the context clearly indicates that a 
  1.23  different meaning is intended, the definitions in this section 
  1.24  apply in sections 383C.057 to 383C.0692. 
  1.25     Subd. 2.  [APPOINTING AUTHORITY.] "Appointing authority" 
  1.26  means an official, employee, board, commission, or other person 
  1.27  or body empowered by law, ordinance, or resolution to make an 
  1.28  appointment to a position as a county employee within the scope 
  1.29  of sections 383C.057 to 383C.0692. 
  2.1      Subd. 3.  [DIRECTOR.] "Director" means the director of the 
  2.2   employee relations department. 
  2.3      Subd. 4.  [EMPLOYEE RELATIONS DEPARTMENT.] "Employee 
  2.4   relations department" means the employee relations director and 
  2.5   the employees engaged in the administration of the employee 
  2.6   relations department. 
  2.7      Subd. 5.  [BOARD OF APPEALS.] "Board of appeals" means the 
  2.8   personnel board of appeals established pursuant to section 
  2.9   383C.067. 
  2.10     Subd. 6.  [CLASSIFIED SERVICE.] "Classified service" means 
  2.11  all positions existing on July 2, 2002, or subsequently created 
  2.12  that are under the jurisdiction of the department of employee 
  2.13  relations pursuant to section 383C.057. 
  2.14     Subd. 7.  [UNCLASSIFIED SERVICE.] "Unclassified service" 
  2.15  means all positions that are not in the classified service. 
  2.16     Sec. 3.  [383C.06] [POSITIONS COVERED; EXCEPTIONS.] 
  2.17     Subdivision 1.  [JURISDICTION.] (a) Except for the 
  2.18  positions excluded under subdivisions 2 and 3, the jurisdiction 
  2.19  of a department created according to section 383C.057 must 
  2.20  include every county public employment position for which the 
  2.21  appointing authority is: 
  2.22     (1) the county board; 
  2.23     (2) the county administrator; 
  2.24     (3) the local social services agency; 
  2.25     (4) the county human services board; 
  2.26     (5) an elected county official; 
  2.27     (6) an appointed county department head; or 
  2.28     (7) a commission or board appointed by the county board.  
  2.29     (b) All positions within the jurisdiction of the department 
  2.30  are classified. 
  2.31     Subd. 2.  [EXCLUSION.] The following are excluded from the 
  2.32  jurisdiction of the department and are unclassified: 
  2.33     (1) positions filled by election; 
  2.34     (2) positions for which a county or district court judge is 
  2.35  the appointing authority; 
  2.36     (3) positions designated by the county board or by law as 
  3.1   department heads and filled by the county board or county 
  3.2   administrator; 
  3.3      (4) positions designated by the county board or by law as 
  3.4   department heads and filled by a board or commission appointed 
  3.5   by the county board; 
  3.6      (5) one chief or principal assistant designated by each 
  3.7   department head; 
  3.8      (6) one personal secretary designated by each elected 
  3.9   department; and 
  3.10     (7) assistant county attorneys, student law clerks, or 
  3.11  special investigators in the employ of the county attorney. 
  3.12     Subd. 3.  [OPTIONAL EXCLUSIONS.] (a) At the option of the 
  3.13  county board, the following may be excluded from the 
  3.14  jurisdiction of the department: 
  3.15     (1) any positions subject to merit systems established or 
  3.16  authorized pursuant to sections 12.22, subdivision 3 (emergency 
  3.17  management), 144.071 (public health merit system), 256.012 
  3.18  (human service merit system), and 387.31 to 387.45 (sheriff 
  3.19  civil service personnel system) or federal law; 
  3.20     (2) positions designated as temporary or seasonal; 
  3.21     (3) special deputies and volunteers serving without pay; 
  3.22     (4) students in training; and 
  3.23     (5) positions that meet the following criteria: 
  3.24     (i) exclusion is consistent with other law relating 
  3.25  specifically to that department; 
  3.26     (ii) the position is that of a supervisor or department 
  3.27  assistant who would report directly to the department head or 
  3.28  the chief deputy or principal assistant of the department head 
  3.29  and be a part of the department head's management team; and 
  3.30     (iii) the duties of the position involve significant 
  3.31  discretion and substantial involvement in the development, 
  3.32  interpretation, and implementation of department policy. 
  3.33     (b) The employee relations director shall certify whether 
  3.34  the designation is consistent with the standards and criteria in 
  3.35  this section. 
  3.36     (c) The county board may appeal certification decisions to 
  4.1   the personnel board of appeals. 
  4.2      Subd. 4.  [UNCLASSIFIED SERVICE.] An appointing authority 
  4.3   may appoint an employee to the unclassified service according to 
  4.4   this subdivision.  Positions in the unclassified service are not 
  4.5   required to be filled by competitive examination but shall be 
  4.6   subject to an open application and screening process.  An 
  4.7   employee in the unclassified service is entitled to all fringe 
  4.8   and compensation benefits, afforded to similarly situated 
  4.9   employees in the classified service such as, but not limited to, 
  4.10  vacation, leaves, holiday leave, health care insurance, and 
  4.11  other benefits as determined by the county board. 
  4.12     Subd. 5.  [JUVENILES AS TEMPS.] An appointing authority may 
  4.13  employ on a temporary basis juveniles who have been ordered by 
  4.14  the juvenile court to make monetary restitution or pay a fine as 
  4.15  a condition of probation without complying with this section. 
  4.16     Sec. 4.  [383C.061] [DIRECTOR.] 
  4.17     After the county board has adopted the resolution 
  4.18  authorized in section 383C.057, it must promptly appoint an 
  4.19  employee relations director or assign the function of employee 
  4.20  relations director to an existing officer or employee.  If St. 
  4.21  Louis county elects to operate under an optional form of 
  4.22  government pursuant to sections 375A.01 to 375A.13, the 
  4.23  authority to appoint the employee relations director shall be 
  4.24  the same as for the appointment of other department heads.  The 
  4.25  terms and conditions of employment of the person appointed as 
  4.26  director or assigned the function of director shall be 
  4.27  established by the county board. 
  4.28     Sec. 5.  [383C.062] [RULES.] 
  4.29     Subdivision 1.  [PERSONNEL ADMINISTRATION RULES.] (a) The 
  4.30  director shall prepare personnel rules, which shall be effective 
  4.31  upon approval by the county board, to carry out sections 
  4.32  383C.057 to 383C.0692. 
  4.33     (b) The rules shall provide, among other things, for: 
  4.34     (1) a classification plan and classification of positions 
  4.35  within the jurisdiction of the employee relations department in 
  4.36  accordance with the plan; 
  5.1      (2) creation and maintenance of lists of eligibles.  No 
  5.2   name shall remain on an eligible list for more than two years; 
  5.3      (3) certification of names to the appointing authority from 
  5.4   the eligible list for the appointment, promotion, or 
  5.5   reemployment; 
  5.6      (4) establishment of procedures to recruit, select, and 
  5.7   advance personnel on the basis of relative ability, knowledge, 
  5.8   and skills; 
  5.9      (5) establishment of procedures to ensure nondiscriminatory 
  5.10  and fair treatment of applicants and employees in all aspects of 
  5.11  personnel administration without regard to political 
  5.12  affiliation, race, color, national origin, sex, or religion; 
  5.13     (6) establishment of procedures for suspension or 
  5.14  termination or other disciplinary action, including procedures 
  5.15  for appeal of actions by appointing authorities with respect to 
  5.16  suspension or termination or other disciplinary action; and 
  5.17     (7) establishment of rules and procedures to authorize 
  5.18  employees with the jurisdiction of the employee relations 
  5.19  department to take a leave of absence from their duties to 
  5.20  accept appointment to an unclassified position. 
  5.21     Subd. 2.  [ADMINISTRATION.] (a) The director shall 
  5.22  administer the department.  
  5.23     (b) In addition to other duties imposed by sections 
  5.24  383C.057 to 383C.0692, the director shall: 
  5.25     (1) appoint, supervise, and direct the work of the 
  5.26  employees of the department; 
  5.27     (2) schedule and conduct hearings as required by rules 
  5.28  adopted pursuant to sections 383C.057 to 383C.0692 or at the 
  5.29  discretion of the county board; 
  5.30     (3) provide for, formulate, and hold competitive 
  5.31  examinations as required by rule to determine the qualifications 
  5.32  of persons seeking employment in positions within the 
  5.33  jurisdiction of the department; 
  5.34     (4) investigate the administration and effect of rules made 
  5.35  under sections 383C.057 to 383C.0692 and report the findings and 
  5.36  recommendations to the county board; 
  6.1      (5) establish programs for training and continuing 
  6.2   education of employees as deemed appropriate by the county board 
  6.3   to improve the quality of service of employees holding positions 
  6.4   within the jurisdiction of the department; and 
  6.5      (6) prepare a compensation plan and recommend a schedule of 
  6.6   salary or wage rates for all county positions with the 
  6.7   jurisdiction of the department for adoption by the county board. 
  6.8      Sec. 6.  [383C.063] [PAYMENT PROHIBITION.] 
  6.9      No disbursing officer shall pay a salary or compensation 
  6.10  for service to a person holding a position within the 
  6.11  jurisdiction of a department established pursuant to sections 
  6.12  383C.057 to 383C.0692 unless the payroll or account for the 
  6.13  salary or compensation is certified by the employee relations 
  6.14  director or an authorized employee of the director that the 
  6.15  person paid or compensated has been appointed and employed in 
  6.16  accordance with sections 383C.057 to 383C.0692 and rules adopted 
  6.17  under them. 
  6.18     Sec. 7.  [383C.064] [MERIT SYSTEM; SHERIFF'S PERSONNEL.] 
  6.19     Unless the county board has elected to exclude some or all 
  6.20  positions otherwise subject to merit systems established under 
  6.21  sections 12.22, subdivision 3; 144.071; 256.012; and 387.31 to 
  6.22  387.45, from the jurisdiction of the employee relations 
  6.23  department, those sections and any rules adopted under them are 
  6.24  superseded as far as they are inconsistent with sections 
  6.25  383C.057 to 383C.0692.  A position subject to merit systems 
  6.26  established pursuant to sections 12.22, subdivision 3; 144.071; 
  6.27  and 256.012, must not be removed from existing merit system 
  6.28  coverage and placed under a department established according to 
  6.29  sections 383C.057 to 383C.0692 until the department is certified 
  6.30  according to the United States Office of Personnel Management's 
  6.31  standards for a merit system of personnel administration.  
  6.32  Section 387.43 does not prohibit the inclusion of sheriff's 
  6.33  department personnel in a personnel system established according 
  6.34  to sections 383C.057 to 383C.0692. 
  6.35     Sec. 8.  [383C.065] [VETERANS.] 
  6.36     Sections 383C.057 to 383C.0692 do not remove, limit, or 
  7.1   extend the rights and preferences of veterans established by 
  7.2   sections 197.455 and 197.46, except that the county board may 
  7.3   enact rules relative to retirement age that shall apply to 
  7.4   veterans on the same basis as other persons. 
  7.5      Sec. 9.  [383C.066] [JOINT EMPLOYER; INCUMBENT EMPLOYEES.] 
  7.6      Subdivision 1.  [JOINT EMPLOYER.] To negotiate collective 
  7.7   bargaining agreements and resolve grievances involving them 
  7.8   according to sections 179A.01 to 179A.25, the appointing 
  7.9   authority and the county board are the joint employer for 
  7.10  positions within the jurisdiction of the employee relations 
  7.11  department.  Both must be signatories to negotiated agreements 
  7.12  or grievance settlements.  If the county board and the 
  7.13  appointing authority disagree as to the final terms of a 
  7.14  negotiated agreement or grievances settlement, the decision of 
  7.15  the county board is final and binding on behalf of the county as 
  7.16  employer for all employees of the county, including employees 
  7.17  under the jurisdiction of an appointing authority other than the 
  7.18  county board. 
  7.19     Subd. 2.  [INCUMBENT EMPLOYEES.] Any employee holding a 
  7.20  position covered by sections 383C.057 to 383C.0692 shall, upon 
  7.21  the effective date of the establishment of a county personnel 
  7.22  administration system, retain the position without further 
  7.23  examination and suffer no loss in wages, seniority, or benefits 
  7.24  as the result of the implementation of sections 383C.057 to 
  7.25  383C.0692. 
  7.26     Sec. 10.  [383C.067] [PERSONNEL BOARD OF APPEALS.] 
  7.27     Subdivision 1.  [COUNTY BOARD APPOINTEES.] The county board 
  7.28  shall appoint three persons to serve staggered terms as members 
  7.29  of a personnel board of appeals.  After the first appointments, 
  7.30  successors shall serve for terms of three years each.  
  7.31  Expiration dates for expiring terms shall be fixed by the county 
  7.32  board and vacancies shall be filled by a majority vote of the 
  7.33  county board for the unexpired term.  Persons appointed to the 
  7.34  personnel board of appeals must not serve while holding any 
  7.35  county office, while standing as a candidate for any county 
  7.36  office, or while employed by the county.  Each member must be a 
  8.1   resident of the county and must forfeit office on becoming a 
  8.2   nonresident. 
  8.3      Subd. 2.  [COMPENSATION.] Compensation for members of the 
  8.4   personnel board of appeals shall be set by the county board and 
  8.5   each member shall be paid actual and necessary expenses. 
  8.6      Subd. 3.  [OFFICERS.] The personnel board of appeals shall 
  8.7   organize by electing a chair and vice-chair.  It shall develop 
  8.8   rules for procedure for matters brought before it under sections 
  8.9   383C.057 to 383C.0692 and rules promulgated under sections 
  8.10  383C.057 to 383C.0692. 
  8.11     Sec. 11.  [383C.068] [APPEALS.] 
  8.12     Subdivision 1.  [GROUNDS.] The personnel board of appeals 
  8.13  must meet upon call of its chair or the employee relations 
  8.14  director to make findings and report to the county board within 
  8.15  60 days of the filing of an appeal by an applicant, employee, or 
  8.16  appointing authority, unless the time is extended with the 
  8.17  consent of the party filing the appeal, in the following 
  8.18  circumstances: 
  8.19     (1) alleged arbitrary or capricious action by the county 
  8.20  board with respect to final establishment of rules under 
  8.21  sections 383C.057 to 383C.0692; 
  8.22     (2) alleged discrimination by the employee relations 
  8.23  director or the director's employees in examination procedures 
  8.24  or preparation of lists of eligible candidates, or 
  8.25  discriminatory use of them by the appointing authority under 
  8.26  sections 383C.057 to 383C.0692 or rules promulgated under them; 
  8.27     (3) alleged misinterpretation or evasion by the director or 
  8.28  the county board of a provision of sections 383C.057 to 
  8.29  383C.0692 or the rules promulgated under them in a manner 
  8.30  seriously detrimental to the party bringing the appeal; or 
  8.31     (4) other matters of grievance as provided for in rules 
  8.32  promulgated under sections 383C.057 to 383C.0692. 
  8.33     Subd. 2.  [PROCEDURES.] The personnel board of appeals 
  8.34  shall establish procedures for appeals to the board. 
  8.35     Subd. 3.  [APPEAL FINDINGS.] Findings and reports of the 
  8.36  personnel board of appeals must be submitted to the county board 
  9.1   for consideration and action as considered appropriate by the 
  9.2   county board, but, to the extent required for employees of 
  9.3   departments and agencies paid in full or in part by federal 
  9.4   funds, the findings of the personnel board of appeals must be 
  9.5   final and binding if necessary to conform to a federal or state 
  9.6   regulation affecting the department or position. 
  9.7      Sec. 12.  [383C.069] [APA APPEALS.] 
  9.8      An employee or appointing authority may appeal from an 
  9.9   order of the board of appeals in accordance with chapter 14, the 
  9.10  Administrative Procedure Act. 
  9.11     Sec. 13.  [383C.0691] [COUNTY APPROPRIATIONS.] 
  9.12     The county board may make appropriations as necessary to 
  9.13  carry out sections 383C.057 to 383C.0692. 
  9.14     Sec. 14.  [383C.0692] [OTHER LAWS; PELRA; JUST CAUSE 
  9.15  REQUIREMENT.] 
  9.16     Subdivision 1.  [OTHER LAW.] (a) Sections 383C.057 to 
  9.17  383C.0692 do not permit or encourage any action or conduct 
  9.18  prohibited by the Minnesota Human Rights Act or prohibits 
  9.19  recourse to any remedies provided in the Minnesota Human Rights 
  9.20  Act or any other state or federal law relating to equal 
  9.21  employment opportunities. 
  9.22     (b) The laws referred to in paragraph (a) continue to apply 
  9.23  to county employment generally, including positions excluded 
  9.24  from the jurisdiction of the county personnel administration 
  9.25  system. 
  9.26     Subd. 2.  [PELRA.] Sections 383C.057 to 383C.0692 do not 
  9.27  affect the rights and obligations of an employee or employer 
  9.28  under sections 179A.01 to 179A.25, or the provisions of a 
  9.29  contract or agreement executed under them. 
  9.30     Subd. 3.  [JUST CAUSE REQUIREMENT.] Any employee in the 
  9.31  unclassified service may be demoted or removed from the 
  9.32  employee's position in the unclassified service without cause 
  9.33  and at the discretion and pleasure of the appointing authority, 
  9.34  but, unless otherwise provided by law, no permanent county 
  9.35  employee, who has successfully completed the employee's 
  9.36  probationary period of employment with the county, may be 
 10.1   dismissed from employment with the county without the 
 10.2   establishment of just cause.  For purposes of this subdivision, 
 10.3   just case includes, but is not limited to, failure to perform 
 10.4   assigned duties, substandards performance, misconduct, 
 10.5   insubordination, and violation of written policies and 
 10.6   procedures. 
 10.7      Sec. 15.  [REPEALER.] 
 10.8      Minnesota Statutes 2000, sections 383C.03; 383C.031; 
 10.9   383C.032; 383C.033; 383C.034; 383C.035; 383C.036; 383C.037; 
 10.10  383C.038; 383C.039; 383C.04; 383C.041; 383C.042; 383C.043; 
 10.11  383C.044; 383C.045; 383C.046; 383C.047; 383C.048; 383C.049; 
 10.12  383C.05; 383C.051; 383C.052; 383C.053; 383C.055; 383C.056; and 
 10.13  383C.059, are repealed. 
 10.14     Sec. 16.  [EFFECTIVE DATE.] 
 10.15     This act is effective the day following its final enactment.