SF 819

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; preserving access to
employee data for certain terminated state employees;
prohibiting public employers from retaliating against
employees who report waste or mismanagement; providing
access to a contested case hearing for employees who
claim whistle-blower status; amending Minnesota
Statutes 2004, sections 43A.33, subdivision 1;
181.932, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 15.

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

Section 1.

new text begin [15.175] CERTAIN EMPLOYEE RECORDS.
new text end

new text begin (a) Data, records, files, and all written or electronic
materials of, or relating to, a state employee who is
involuntarily terminated from employment with a state agency
must be preserved for a period of at least two years after the
employee's termination from employment, or a longer period as
required under section 138.17. A state employee who has been
terminated may request the opportunity to review all data
covered by this section. An agency responding to a request made
under this section must provide a response within ten days after
receiving a written request. This paragraph does not apply to
an individual named on a layoff list prepared under chapter 43A.
new text end

new text begin (b) If a state agency terminates an employee subject to the
protections in paragraph (a), the agency may provide the
employee with written notice of the employee's right to review
the data protected by paragraph (a). The notice must inform the
employee that the employee has ten business days from the day
the employee acknowledges the receipt of the notice to review
the data. The notice must provide the name of a contact person
within the agency who will make the data available to the
employee for review. The agency may dispose of the data without
reference to paragraph (a) ten business days or more after
notifying the employee.
new text end

new text begin (c) A state agency that destroys, shreds, or alters data,
records, files, or materials in violation of this requirement is
liable to the employee for damages resulting from that
violation, plus costs and reasonable attorney fees incurred by
the employee in enforcing the employee's rights under this
section. In addition, the employee is also entitled to
reinstatement to the position from which the employee was
terminated, plus reimbursement for lost wages and health and
retirement benefits if the records or data were relevant and
material to the employee's termination of employment or the
employee's claim for wrongful termination of employment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 43A.33,
subdivision 1, is amended to read:

Subdivision 1.

Discharge, suspension, demotion for cause,
salary decrease.

Managers and employees shall attempt to
resolve disputes through informal means prior to the initiation
of disciplinary action. No permanent employee in the classified
service shall be reprimanded, discharged, suspended without pay,
or demoted, except for just cause. new text begin The discharge of an employee
from unclassified service who is on leave from the classified
service does not affect or rescind the application of the
procedures under this section to the discharge, if any, of the
employee from the classified service.
new text end

Sec. 3.

Minnesota Statutes 2004, section 181.932, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Public employers. new text end

new text begin (a) The state, including a
state postsecondary educational institution or a political
subdivision of the state as defined in section 6.56, subdivision
1, may not discharge, discipline, threaten, penalize, or
otherwise discriminate against an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment because the employee, in good faith,
reports or is in the process of preparing a report regarding
serious waste, inefficiency, or mismanagement in the employee's
place of employment that diminishes the value the public
receives from the employer, even though the waste, inefficiency,
or mismanagement reported does not in itself violate any federal
or state law or rule.
new text end

new text begin (b) An employee contesting disciplinary action under
paragraph (a) for the preparation of a report that was not
submitted before the discipline must demonstrate the occurrence
of the violation by clear and convincing evidence.
new text end

new text begin (c) A state employee who is involuntarily discharged from
the unclassified service and who claims the discharge violated
this subdivision or subdivision 1 may seek review of the
discharge under the contested case procedures in sections 14.48
to 14.69. The jurisdiction of the Office of Administrative
Hearings is limited to a determination whether the discharge was
in violation of this subdivision or subdivision 1 and the
provision of any appropriate remedies. The parties to the
contested case proceeding must be allowed access to relevant
documents and witnesses for a reasonable period of time before
the hearing on a proceeding under this paragraph. The
administrative law judge must consider the quality and integrity
of the investigative process, if any, used by the agency when
reviewing evidence submitted by the agency.
new text end