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HF 3280

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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A bill for an act
 relating to education; providing for a school board right to unilaterally contract
for district services; amending Minnesota Statutes 2004, section 123B.02,
subdivision 14.

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

Section 1.

Minnesota Statutes 2004, section 123B.02, subdivision 14, is amended to
read:


Subd. 14.

Employees; contracts for services.

new text begin (a) new text end The board may employ and
discharge necessary employees and may contract for other services. new text begin Notwithstanding
any other law to the contrary, it shall be an inherent managerial right of the board to
unilaterally contract or subcontract for services unless the power to contract or subcontract
is specifically prohibited by collective bargaining agreements with all units of affected
employees.
new text end

new text begin (b) Notwithstanding any law to the contrary, the board must notify the exclusive
representative of the board's intent to contract with other persons or entities for services
after the termination date of the current collective bargaining agreement. The board and
exclusive representative must mediate the effects of the board's decision to contract with
another person or entity for 45 days. After 45 days, either party may declare an impasse.
 new text end

new text begin (c) For the purposes of paragraph (b), the mediation period begins on the day after
the commissioner of the Bureau of Mediation Services receives a request for mediation.
 new text end

new text begin (d) Paragraphs (b) and (c) apply to all agreements between the board and collective
bargaining representatives except teachers as defined in section 179A.03, subdivision 18,
and school superintendents, assistant superintendents, school principals, and assistant
principals.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for contracts negotiated and entered
into on or after July 1, 2005, and contracts beginning negotiation, but not entered into,
before July 1, 2005.new text end