SF 787

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

  1.1                          A bill for an act 
  1.2             relating to public employment; prohibiting the hiring 
  1.3             of relatives of public officials in certain 
  1.4             circumstances; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 43A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [43A.095] [ANTINEPOTISM POLICY.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.9      (1) "public official" means a constitutional officer, a 
  1.10  member of the legislature, or the head of an executive branch 
  1.11  agency; and 
  1.12     (2) "relative" means spouse, parent, stepparent, 
  1.13  grandparent, child, stepchild, grandchild, brother, sister, half 
  1.14  brother, half sister, uncle, aunt, first cousin, nephew, niece, 
  1.15  father-in-law, mother-in-law, son-in-law, daughter-in-law, 
  1.16  brother-in-law, or sister-in-law. 
  1.17     Subd. 2.  [POLICY.] Except as provided in subdivision 3, an 
  1.18  executive branch agency may not employ the relative of a public 
  1.19  official in the executive branch in a position covered by the 
  1.20  unrepresented nonmanagerial employee plan established under 
  1.21  section 43A.18, subdivision 2, or the managerial plan 
  1.22  established under section 43A.18, subdivision 3.  The 
  1.23  legislature may not employ a relative of a public official in 
  1.24  the legislative branch. 
  1.25     Subd. 3.  [EXCEPTION.] This section does not prohibit the 
  2.1   entrance of a relative of a public official to the classified 
  2.2   service through successful competition in an examination and 
  2.3   certification and appointment from an eligible list or in 
  2.4   accordance with section 43A.15. 
  2.5      Sec. 2.  [EFFECTIVE DATE.] 
  2.6      Section 1 is effective the day following final enactment 
  2.7   and applies to appointments, transfers, or promotions made after 
  2.8   that date.