Minnesota Legislature
HF 3416
as introduced - 89th Legislature (2015 - 2016) Posted on 03/31/2016 04:39pm
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18
A bill for an act
relating to military veterans; modifying Veterans Preference Act removal hearing
procedures; amending Minnesota Statutes 2015 Supplement, section 197.46.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2015 Supplement, section 197.46, is amended to read:
197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
OF MANDAMUS.
(a) Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, deleted text begin shall bedeleted text end new text begin isnew text end entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in deleted text begin the several countiesdeleted text end new text begin any
countynew text end , deleted text begin citiesdeleted text end new text begin citynew text end , deleted text begin townsdeleted text end new text begin townnew text end , school deleted text begin districts and alldeleted text end new text begin district, or any new text end other political
deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end in the statedeleted text begin ,deleted text end who is a veteran separated from the military service
under honorable conditions, shall be removed from deleted text begin suchdeleted text end new text begin thenew text end position or employment
except for incompetency or misconduct shown after a hearing, upon due notice, upon
stated charges, in writing.
(b) 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
deleted text begin suchdeleted text end new text begin thenew text end 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 deleted text begin shall constitutedeleted text end new text begin constitutesnew text end a waiver of the right to a
hearing. deleted text begin Suchdeleted text end new text begin Thenew text end failure deleted text begin shalldeleted text end also deleted text begin waivedeleted text end new text begin waivesnew text end 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. If the veteran requests a hearing under this section,
deleted text begin suchdeleted text end new text begin thenew text end written request must also contain the veteran's election to be heard by a civil
service board or commission, a merit authority, or a deleted text begin three-person paneldeleted text end new text begin board of three
persons new text end as defined in paragraph (c). If the veteran fails to identify the veteran's election,
the governmental subdivision may select the hearing body.
(c) In all governmental subdivisions having an established civil service board or
commission, or merit system authority, deleted text begin suchdeleted text end new text begin the veteran may elect to have the new text end hearing for
removal or discharge deleted text begin shall be helddeleted text end before deleted text begin suchdeleted text end new text begin thenew text end civil service board or commission or
merit system authoritynew text begin , or before a board of three persons as specified in this paragraphnew text end .
Where no deleted text begin suchdeleted text end civil service board or commission or merit system authority exists, deleted text begin such
deleted text end new text begin thenew text end 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 that the hearing is authorized to be held before a deleted text begin three-persondeleted text end boardnew text begin of three personsnew text end ,
the governmental subdivision's notice of intent to discharge shall state that the veteran must
respond within 60 days of receipt of the notice of intent to discharge, and provide in writing
to the governmental subdivision the name, United States mailing address, and telephone
number of the veteran's selected representative for the deleted text begin three-persondeleted text end boardnew text begin of three personsnew text end .
The failure of a veteran to submit the name, address, and telephone number of the veteran's
selected representative to the governmental subdivision by mail or by personal service
within the provided notice's 60-day period, deleted text begin shall constitutedeleted text end new text begin constitutesnew text end a waiver of the
veteran's right to the hearing and all other legal remedies available for reinstatement of the
veteran's employment position. In the event the deleted text begin two personsdeleted text end new text begin person new text end selected by the veteran
and new text begin the person selected by the new text end governmental subdivision 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 deleted text begin whereindeleted text end new text begin wherenew text end the proceeding is pending, or if there deleted text begin bedeleted text end new text begin isnew text end more than one
judge in deleted text begin saiddeleted text end new text begin thenew text end county then any judge in chambersdeleted text begin , shall havedeleted text end new text begin hasnew text end jurisdiction to appointdeleted text begin ,
and deleted text end new text begin the third person.new text end Upon application deleted text begin of either or both of the two so selecteddeleted text end new text begin by the
person selected by the governmental subdivision or by the person selected by the veteran,
or upon application by both, the judge new text end shall appointdeleted text begin ,deleted text end the third person to the board deleted text begin and the
person so appointed by the judgedeleted text end new text begin whonew text end with the two first selected shall constitute the board.
(d) Either the veteran or the governmental subdivision may appeal from the decision
of the deleted text begin boarddeleted text end new text begin hearing bodynew text end upon the charges to the district court by causing written notice
of appeal, stating the grounds deleted text begin thereofdeleted text end new text begin of the appealnew text end , to be served upon the other party
within 15 days after notice of the decision and by filing the original notice of appeal
with proof of service deleted text begin thereofdeleted text end 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, 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. Nothing in this section shall be
construed to apply to the position of teacher. The burden of establishing such relationship
shall be upon the appointing officer in all proceedings and actions relating thereto.
(e) For disputes heard by a civil service board, new text begin commission or merit system authority,
or by a board of three persons, new text end the deleted text begin politicaldeleted text end new text begin governmentalnew text end subdivisions shall bear all costs
associated with the hearing but not including attorney fees for attorneys representing the
veteran. deleted text begin For disputes heard by a three-person panel, all parties shall bear equally all costs
associated with the hearing, but not including attorney fees for attorneys representing the
veteran.deleted text end If the veteran prevails in a dispute heard by a civil service board deleted text begin or a three-person
paneldeleted text end new text begin , commission or merit system authority, or by a board of three personsnew text end and the hearing
reverses deleted text begin all aspects ofdeleted text end new text begin the level of the alleged incompetency or misconduct requiring
new text end discharge, the governmental subdivision shall pay the veteran's reasonable attorney fees.
(f) 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.