HF 3240

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to veterans; changing certain employment 
  1.3             rights; amending Minnesota Statutes 1994, section 
  1.4             197.46. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 197.46, is 
  1.7   amended to read: 
  1.8      197.46 [VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT 
  1.9   OF MANDAMUS.] 
  1.10     (a) Any person whose rights may be in any way prejudiced 
  1.11  contrary to any of the provisions of this section, shall be 
  1.12  entitled to a writ of mandamus to remedy the wrong.  No person 
  1.13  holding a position by appointment or employment in the several 
  1.14  counties, cities, towns, school districts and all other 
  1.15  political subdivisions in the state, who is a veteran separated 
  1.16  from the military service under honorable conditions, shall be 
  1.17  removed from such position or employment except for incompetency 
  1.18  or misconduct shown after a hearing, upon due notice, upon 
  1.19  stated charges, in writing.  
  1.20     (b) Any veteran who has been notified of the intent to 
  1.21  discharge the veteran from an appointed position or employment 
  1.22  pursuant to this section shall be notified in writing of:  (1) 
  1.23  such intent to discharge; and of (2) the veteran's right to 
  1.24  request a hearing within 60 days of receipt of the notice of 
  1.25  intent to discharge.  
  2.1      (c) The failure of a veteran to request a hearing within 
  2.2   the provided 60-day period following receipt of proper 
  2.3   notification, as determined in paragraph (b), shall constitute a 
  2.4   waiver of the right to a hearing.  Such failure shall also waive 
  2.5   all other available legal remedies for reinstatement.  
  2.6      Section 541.05, subdivision 1, notwithstanding, no statute 
  2.7   of limitations is to be imposed pursuant to this section when 
  2.8   the veteran has not received from the veteran's employer proper 
  2.9   notification, as determined in paragraph (b), of the veteran's 
  2.10  right to a hearing under this section. 
  2.11     Request for a hearing concerning such a discharge shall be 
  2.12  made in writing and submitted by mail or personal service to the 
  2.13  employment office of the concerned employer or other appropriate 
  2.14  office or person.  
  2.15     (d) In all governmental subdivisions having an established 
  2.16  civil service board or commission, or merit system authority, 
  2.17  such hearing for removal or discharge shall be held before such 
  2.18  civil service board or commission or merit system authority.  
  2.19  Where no such civil service board or commission or merit system 
  2.20  authority exists, such hearing shall be held by a board of three 
  2.21  persons appointed as follows:  one by the governmental 
  2.22  subdivision, one by the veteran, and the third by the two so 
  2.23  selected.  In the event the two persons so selected do not 
  2.24  appoint the third person within ten days after the appointment 
  2.25  of the last of the two, then the judge of the district court of 
  2.26  the county wherein the proceeding is pending, or if there be 
  2.27  more than one judge in said county then any judge in chambers, 
  2.28  shall have jurisdiction to appoint, and upon application of 
  2.29  either or both of the two so selected shall appoint, the third 
  2.30  person to the board and the person so appointed by the judge 
  2.31  with the two first selected shall constitute the board.  The 
  2.32  veteran may appeal from the decision of the board upon the 
  2.33  charges to the district court by causing written notice of 
  2.34  appeal, stating the grounds thereof, to be served upon the 
  2.35  governmental subdivision or officer making the charges within 15 
  2.36  days after notice of the decision and by filing the original 
  3.1   notice of appeal with proof of service thereof in the office of 
  3.2   the court administrator of the district court within ten days 
  3.3   after service thereof.  Nothing in section 197.455 or this 
  3.4   section shall be construed to apply to the position of private 
  3.5   secretary, teacher, superintendent of schools, or one chief 
  3.6   deputy of any elected official or head of a department, or to 
  3.7   any person holding a strictly confidential relation to the 
  3.8   appointing officer.  The burden of establishing such 
  3.9   relationship shall be upon the appointing officer in all 
  3.10  proceedings and actions relating thereto. 
  3.11     (e) All officers, boards, commissions, and employees shall 
  3.12  conform to, comply with, and aid in all proper ways in carrying 
  3.13  into effect the provisions of section 197.455 and this section 
  3.14  notwithstanding any laws, charter provisions, ordinances or 
  3.15  rules to the contrary.  Any willful violation of such sections 
  3.16  by officers, officials, or employees is a misdemeanor.