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Minnesota Legislature

Office of the Revisor of Statutes

HF 940

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to Hennepin County; modifying personnel rules and procedures;
amending Minnesota Statutes 2008, sections 383B.27, subdivision 16; 383B.29,
subdivision 2; 383B.31.

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

Section 1.

Minnesota Statutes 2008, section 383B.27, subdivision 16, is amended to
read:


Subd. 16.

Probationary period.

"Probationary period" means that part of the hiring
process following certification and appointment from a list of certified candidates, to
enable the appointing authority to determine whether employees are fit and suitable for the
position to which they have been appointed, transferred, or promoted. The appointing
authority may discharge a newly appointed employee during the probationary period
without specifying cause or granting a hearing, except as provided by section 197.46. The
appointing authority may, during the probationary period, demote an employee appointed
to a position as a result of a promotion without specifying cause or granting a hearing,
except as provided by section 197.46. The employee so demoted deleted text beginshall be returned to a
position in the class previously held by the affected employee
deleted text endnew text begin may be dismissed for just
cause if the employee's performance does not meet the appointing authority's work or
conduct expectations
new text end. The appointing authority may, during the probationary period,
return a transferred employee back to a position in the classification and organizational
unit the employee previously held without specifying cause or granting a hearing, except
as provided by section 197.46. When an employee has been transferred from one
department to another and upon the request of the new appointing authority the employee
may be required to serve a probationary period.

Sec. 2.

Minnesota Statutes 2008, section 383B.29, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The board shall establish rules for the classified service with the
assistance of the human resources director. All rules and amendments proposed by the
board shall be subject to public hearing upon prior notice to department heads, employees,
affected labor organizations, and the public, as the board may, by rule prescribe. The rules
as approved by the majority vote of the board shall be submitted to the county board for
approval or rejection. When approved, by majority vote and in the form of a written
resolution, the rules shall have the force and effect of law. The rules may be amended
and repealed with the consent of the county board in the same manner as provided for
original adoption.

(b) The rules shall provide for:

(1) selection methods and the establishment of lists to fill positions in the county
service including promotion;

(2) the appointment of qualified candidates to vacant positions, if the vacancy is not
filled by recall from the layoff list, demotion, reinstatement, reassignment, transfer from
other employers or with county service. Whenever practicable, vacancies must be filled
by promotion. The 20 persons having the highest qualifications that meet the requirements
of the position to be filled, when available, must be referred to appointing authority when
a vacancy occurs;

(3) a period of probation during which period the probationer may be discharged or
demoted, without right of appeal. The period of probationnew text begin, which is determined by the
department director and the human resources director,
new text end must not exceed deleted text beginsixdeleted text endnew text begin 12new text end months
unless deleted text beginchanged by six-sevenths approval ofdeleted text endnew text begin approved bynew text end the board deleted text begindue to extreme or
unique conditions
deleted text end;

(4) seasonal, provisional, temporary, and emergency appointments. The
appointments, except seasonal, must not exceed six calendar months in any 12-month
period. Seasonal appointments must not exceed nine calendar months in any 12-month
period;

(5) voluntary demotion; reassignment; transfers from within county service or other
employers; and reinstatement of persons who without fault or delinquency on their part
are separated from the service or demoted;

(6) a compensation plan for classes and positions not represented by an exclusive
bargaining representative to be presented to the county board for approval;

(7) a classification plan for positions in the county service to be presented to the
county board for approval;

(8) leaves of absence with or without pay; layoffs; hours of employment; vacations
and sick leave; severance pay, and other benefits and emoluments as may improve the
public service;

(9) suspensions without pay for disciplinary purposes, discharges, or demotion of
a permanent employee only when the person has been presented with written charges
and has been allowed a hearing;

(10) establishment of reasonable fees, not to exceed the actual cost of service or
material provided;

(11) establishment of rules of conduct that are conditions of employment in the
county service; deleted text beginand
deleted text end

(12) policies to deal with falsification of an application or record to improve
prospects for employment or with interference with the selection processdeleted text begin.deleted text endnew text begin; and
new text end

deleted text begin (c)deleted text end new text begin(13) a panel of three department directors, randomly selected from outside the
employee's department, to
new text endhear and decide new text beginnondisciplinary new text endappeals within the jurisdiction
of the deleted text beginboarddeleted text endnew text begin rulesnew text end, if there has been a preliminary showing to the deleted text beginboarddeleted text endnew text begin countynew text end attorney
that a rule violation has occurred. deleted text beginAny such board attorney ruling may be appealed to
the board.
deleted text end

Sec. 3.

Minnesota Statutes 2008, section 383B.31, is amended to read:


383B.31 DUTIES OF HUMAN RESOURCES DIRECTOR.

(a) The director as administrator of the Human Resources Department shall
cooperate with and assist department heads and elected officials in providing an effective
human resources program. The director shall direct and supervise all of the Human
Resources Department's administrative and technical activities in addition to the duties
imposed on the director in sections 383B.26 to 383B.42.

(b) The director shall:

(1) attend the meetings of the board, act as its secretary and maintain its official
records;

(2) appoint the employees of the Human Resources Department in accordance with
and subject to the provisions of sections 383B.26 to 383B.42; and

(3) recommend rules and amendments to rules for the administration of sections
383B.26 to 383B.42.

(c) The director shall establish uniform procedures and standards to:

(1) prepare, recommend and maintain a classification plan which shall group all
positions in the county into classes;

(2) prepare, recommend, and maintain a compensation plan for the county service;

(3) except as provided in clauses (4) and (5), develop and hold competitive
examinations to determine the qualifications of persons seeking employment in any class
and to establish lists of those passing such examinations;

(4) develop a procedure and define the criteria for the selection and referral of
qualified applicants to fill positions in classifications involving unskilled tasks or in
classifications which require state licensure or certification to engage in the activity;

(5) establish alternative selection procedures to measure the ability of persons whose
disabilities are so severe that the usual selection process cannot adequately predict job
performance;

(6) when a vacancy is to be filled, to certify to the appointing authority upon
requisition, the names of the persons highest on the appropriate layoff list, or if there is no
such list, the appropriate eligible list for the class;

(7) maintain records necessary for the proper administration of sections 383B.26 to
383B.42;

(8) provide a system for checking payrolls and accounts for the payment of
compensation to employees in the classified and unclassified service so as to enable the
director, upon evidence thereof, to certify or cause to be certified the persons whose
names appear thereon have been employed or on authorized leave before payment may be
lawfully made to such employees;

(9) make investigations concerning the administration of sections 383B.26 to
383B.42 and rules made thereunder, and take corrective actions as deemed reasonable
and appropriate to the situation;

(10) make investigations and reports required by the county board and report
thereon; and

(11) make an annual report to the county board and the Human Resources Board on
the activities of the Human Resources Department.

(d) The classification plan authorized in paragraph (c), clause (1), is effective on
approval by the county board.

(e) The compensation plan authorized in paragraph (c), clause (2), may include
benefits and other emoluments to improve the public service as determined by the human
resources director. deleted text beginAdeleted text endnew text begin Thenew text end plan deleted text beginthatdeleted text end is deleted text beginapproveddeleted text endnew text begin effective on approvalnew text end by deleted text begina majority vote
of the Human Resources Board is a recommendation to
deleted text end the county board which may
approve or reject all or part of it.

(f) The examination process described in paragraph (c), clause (3), must provide
for: (1) the rejection of otherwise eligible applicants or candidates who fail to comply
with the reasonable requirements of the human resources director; and (2) examinations
that may consist of any one or a combination of the following: written or oral tests of the
subjective or objective type, physical tests, practical or demonstration tests, or evaluation
of past training and experience. Oral tests, either of the question and answer type, or the
interview type, may be used to test the candidates.

(g) The classifications described in paragraph (c), clause (4), must be authorized
by the county board. Applicants to fill vacancies in the classifications are exempt from
ranking and certification provided for in section 383B.29, subdivision 2, paragraph (b),
clause (2). The director shall refer all qualified applicants to the appointing authority
having vacancies in the appropriate classifications.

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective upon compliance by the Hennepin County Board of
Commissioners with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end