SF 290

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state employment; excepting convicted sex 
  1.3             offenders and employees who engage in sexual 
  1.4             harassment from standard discharge procedure; amending 
  1.5             Minnesota Statutes 1996, section 43A.33, subdivisions 
  1.6             1, 3, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 43A.33, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DISCHARGE, SUSPENSION, DEMOTION FOR CAUSE, 
  1.11  SALARY DECREASE.] Managers and employees shall attempt to 
  1.12  resolve disputes through informal means prior to the initiation 
  1.13  of disciplinary action.  No permanent employee in the classified 
  1.14  service shall be reprimanded, discharged, suspended without pay, 
  1.15  or demoted, except for just cause, or except as provided by 
  1.16  subdivision 2b. 
  1.17     Sec. 2.  Minnesota Statutes 1996, section 43A.33, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 2b.  [CRIMINAL SEXUAL CONDUCT OR SEXUAL HARASSMENT.] 
  1.20  An employee who is convicted of any degree of criminal sexual 
  1.21  conduct as set forth in sections 609.342 to 609.3451 or who is 
  1.22  found by the appropriate appointing authority to have engaged in 
  1.23  sexual harassment as defined in section 363.01, subdivision 41, 
  1.24  against another employee is subject to immediate discharge with 
  1.25  no rights of rehire under sections 43A.12 and 43A.13.  Nothing 
  1.26  in this section precludes a former employee who can show 
  2.1   competent evidence of sufficient rehabilitation and present 
  2.2   fitness under chapter 364 from competing for a position as a new 
  2.3   hire after completion of sentence, probation, or supervised 
  2.4   release. 
  2.5      For the purposes of this subdivision, "convicted" means a 
  2.6   person has been charged with a crime and the person was found 
  2.7   guilty of that crime, made an admission of guilt, or pleaded no 
  2.8   contest, regardless of length of sentence or imposition or 
  2.9   execution of any sentence received, any deferred finding of 
  2.10  guilt or imposition of sentence by the court, any continuance 
  2.11  for dismissal granted by the court, or any expungement of the 
  2.12  offense records or conviction and includes crimes committed 
  2.13  within and outside the state.  This provision supersedes any 
  2.14  inconsistent provisions in this section in collective bargaining 
  2.15  agreements, and any other law. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 43A.33, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  [PROCEDURES.] Procedures for discipline and 
  2.19  discharge of employees covered by collective bargaining 
  2.20  agreements shall be governed by the agreements, except as 
  2.21  provided by subdivision 2b.  Procedures for employees not 
  2.22  covered by a collective bargaining agreement shall be governed 
  2.23  by this subdivision and by the commissioner's and managerial 
  2.24  plans.  
  2.25     (a) For discharge, suspension without pay or demotion, no 
  2.26  later than the effective date of such action, a permanent 
  2.27  classified employee not covered by a collective bargaining 
  2.28  agreement shall be given written notice by the appointing 
  2.29  authority.  The content of that notice as well as the employee's 
  2.30  right to reply to the appointing authority shall be as 
  2.31  prescribed in the grievance procedure contained in the 
  2.32  applicable plan established pursuant to section 43A.18.  The 
  2.33  notice shall also include a statement that the employee may 
  2.34  elect to appeal the action to the office of administrative 
  2.35  hearings within 30 calendar days following the effective date of 
  2.36  the disciplinary action.  A copy of the notice and the 
  3.1   employee's reply, if any, shall be filed by the appointing 
  3.2   authority with the commissioner no later than ten calendar days 
  3.3   following the effective date of the disciplinary action.  The 
  3.4   commissioner shall have final authority to decide whether the 
  3.5   appointing authority shall settle the dispute prior to the 
  3.6   hearing provided under subdivision 4. 
  3.7      (b) For discharge, suspension, or demotion of an employee 
  3.8   serving an initial probationary period, and for noncertification 
  3.9   in any subsequent probationary period, grievance procedures 
  3.10  shall be as provided in the plan established pursuant to section 
  3.11  43A.18. 
  3.12     (c) Any permanent employee who is covered by a collective 
  3.13  bargaining agreement may elect to appeal to the chief 
  3.14  administrative law judge within 30 days following the effective 
  3.15  date of the discharge, suspension, or demotion if the collective 
  3.16  bargaining agreement provides that option.  In no event may an 
  3.17  employee use both the procedure under this section and the 
  3.18  grievance procedure available pursuant to sections 179A.01 to 
  3.19  179A.25.