SF 1419

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to Scott County; establishing and modifying hiring process and personnel
provisions.

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

Section 1. new text begin CREATE DEPARTMENT; APPOINT APPEALS BOARD TO
ESTABLISH.
new text end

new text begin The Scott County Board may establish a county personnel administration system by
adopting a resolution creating a personnel department, establishing an effective date and
appointing a personnel appeals board pursuant to Minnesota Statutes, section 375.65.
new text end

Sec. 2. new text begin DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For the purpose of sections 1 to 16, unless the context
clearly indicates that a different meaning is intended, the terms defined in this section have
the following meanings.
new text end

new text begin Subd. 2. new text end

new text begin Appointing authority. new text end

new text begin "Appointing authority" means the official,
employee, board, or commission, or the person or group of persons empowered by statute,
ordinance or resolution to make an appointment to positions as county employees within
the scope of sections 1 to 14.
new text end

new text begin Subd. 3. new text end

new text begin Director. new text end

new text begin "Director" means the director of the department of personnel.
new text end

new text begin Subd. 4. new text end

new text begin Personnel department. new text end

new text begin "Personnel department" means the personnel
director and the employees engaged in the administration of the personnel department.
new text end

new text begin Subd. 5. new text end

new text begin Board of appeals. new text end

new text begin "Board of appeals" means the personnel board of
appeals established pursuant to section 10.
new text end

Sec. 3. new text begin JURISDICTION.
new text end

new text begin Subdivision 1. new text end

new text begin All but excluded. new text end

new text begin The jurisdiction of the Scott County personnel
department created pursuant to section 1 shall include every county level public
employment position for which the appointing authority is the county board, the local
social services agency, the county human services board, an elected county official, an
appointed county department head, or a commission or board appointed by the county
board, except the positions excluded under subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end

new text begin Excluded. new text end

new text begin The following positions are excluded from the jurisdiction of
the county personnel department:
new text end

new text begin (1) elected positions;
new text end

new text begin (2) positions for which a county or district court judge is the appointing authority;
new text end

new text begin (3) positions designated as department heads appointed by the county board;
new text end

new text begin (4) positions designated as department heads appointed by boards or commissions
appointed by the county board;
new text end

new text begin (5) one position designated by each elected department head as a chief or principal
assistant; and
new text end

new text begin (6) one position designated by each elected department head as a personal secretary.
new text end

new text begin Subd. 3. new text end

new text begin Optional exclusions. new text end

new text begin At the option of the county board, the following
positions may be excluded from the jurisdiction of the county personnel department:
new text end

new text begin (1) any positions subject to merit systems established pursuant to Minnesota
Statutes, sections new text begin 12.22, subdivision 3 new text end ; ; ; and to ;
new text end

new text begin (2) positions designated as temporary or seasonal;
new text end

new text begin (3) positions held by special deputies and volunteers serving without pay; and
new text end

new text begin (4) positions held by students in training.
new text end

Sec. 4. new text begin PERSONNEL DIRECTOR APPOINTMENT.
new text end

new text begin A county board which has adopted the resolution authorized in section 1 shall
promptly appoint a personnel director or assign the function of personnel director to
an existing officer or employee. In a county which is operating under an optional form
pursuant to Minnesota Statutes, sections 375A.01 to 375A.13, the authority to appoint the
personnel director shall be the same as for the appointment of other department heads.
The terms and conditions of employment of the person appointed as director or assigned
the function of director shall be established by the county board.
new text end

Sec. 5. new text begin DUTIES AND POWERS OF DIRECTOR.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The personnel director shall prepare personnel rules, which
shall be effective upon approval by the county board, to carry out sections 1 to 16. The
rules shall provide, among other things, for:
new text end

new text begin (1) preparation of a classification plan and classification of positions within the
jurisdiction of the department in accordance with the plan;
new text end

new text begin (2) creation and maintenance of applicant pools and finalist pools;
new text end

new text begin (3) administration of an active system of employee recruitment and selection
designed to attract sufficient numbers of well-qualified people to meet the needs of
public service;
new text end

new text begin (4) establishment of procedures for the recruitment, selection, and advancement of
personnel consistent with merit system principles and modern business practices;
new text end

new text begin (5) establishment of procedures ensuring nondiscriminatory and fair treatment of
applicants and employees in all aspects of personnel administration without regard to race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local commission, disability, sexual orientation, or
age; and
new text end

new text begin (6) establishment of procedures for suspension or termination or other disciplinary
action, including procedures for appeal of actions by appointing authorities with respect
to suspension or termination or other disciplinary action.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The director shall administer the personnel department.
In addition to the duties imposed elsewhere in sections 1 to 16, the director shall:
new text end

new text begin (1) appoint, supervise, and direct the work of the employees of the personnel
department;
new text end

new text begin (2) schedule and conduct hearings as required by rules adopted pursuant to sections
1 to 16 or at the direction of the county board;
new text end

new text begin (3) establish minimum qualifications and selection procedures for filling positions
based on job-related criteria; determine systems and procedures for establishing finalist
pools. For purposes of this clause, "finalist pool" means members of the applicant pool
who, through successful competition, have been determined to best meet the established
qualifications and criteria and who may be hired into the position;
new text end

new text begin (4) make investigations concerning the administration and effect of rules made
pursuant to sections 1 to 16 and report the findings and recommendations to the county
board;
new text end

new text begin (5) establish programs for training and continuing education of employees as
deemed appropriate by the county board to improve the quality of service of employees
holding positions within the jurisdiction of the department; and
new text end

new text begin (6) prepare a compensation plan and recommend a schedule of salary or wage rates
for positions within the jurisdiction of the personnel department for adoption by the
county board.
new text end

Sec. 6. new text begin PAYROLLS APPROVED BY DIRECTOR.
new text end

new text begin No disbursing officer shall pay a salary or compensation for service to a person
holding a position within the jurisdiction of a personnel department established pursuant
to sections 1 to 16 unless the payroll or account for the salary or compensation is certified
by the personnel director or an authorized employee that the persons paid or compensated
have been appointed in accordance with sections 1 to 16 and rules adopted pursuant
to sections 1 to 16. The director shall not certify a payroll item for a person holding a
position within the jurisdiction of the department unless the person has been appointed
and employed in accordance with sections 1 to 16 and rules adopted pursuant to sections 1
to 16.
new text end

Sec. 7. new text begin CIVIL SERVICE AND MERIT SYSTEM RELATIONSHIPS.
new text end

new text begin Unless the county board has elected to exclude any or all positions otherwise subject
to merit systems established pursuant to Minnesota Statutes, sections 12.22, subdivision
3; 144.071; 256.012; and 387.31 to 387.45, from the jurisdiction of the personnel
department, the provisions of Minnesota Statutes, sections 12.22, subdivision 3; 144.071;
256.012; and 387.31 to 387.45, and any rules promulgated pursuant to those sections shall
be superseded insofar as they are inconsistent with Minnesota Statutes, sections 375.66
to 375.71, but no positions subject to merit systems established pursuant to Minnesota
Statutes, sections 12.22, subdivision 3; 144.071; and 256.012, shall be removed from
existing merit system coverage and placed under a personnel department established
pursuant to sections 1 to 16, until that personnel department is certified in accordance
with the United States Office of Personnel Management's standards for a merit system
of personnel administration. Nothing in Minnesota Statutes, section 387.43, shall be
construed to prohibit the inclusion of sheriff's department personnel in a personnel system
established pursuant to sections 1 to 14.
new text end

Sec. 8. new text begin VETERANS TO BE GIVEN PREFERENCE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 197.455, veterans' preference in Scott
County must be administered according to Minnesota Statutes, section 43A.11.
new text end

Sec. 9. new text begin COLLECTIVE BARGAINING RELATIONSHIPS.
new text end

new text begin Subdivision 1. new text end

new text begin Joint employer. new text end

new text begin For purposes of negotiating collective bargaining
agreements and resolving grievances involving them pursuant to Minnesota Statutes,
sections 179A.01 to 179A.25, the appointing authority and the county board shall be
deemed the joint employer for positions within the jurisdiction of a personnel department
established pursuant to sections 1 to 16. Both shall be signatories to negotiated agreements
or grievance settlements. In the event of disagreement between the county board and
the appropriate appointing authority as to the final terms of a negotiated agreement or
grievance settlement, the decision of the county board shall be final and binding on behalf
of the county as employer for all employees of the county, including employees under the
jurisdiction of an appointing authority other than the county board.
new text end

new text begin Subd. 2. new text end

new text begin Incumbent employees. new text end

new text begin Any employee holding a position covered by
sections 1 to 16 shall, upon the effective date of the establishment of a county personnel
administration system, retain the position without further examination and suffer no loss
in wages, seniority or benefits as the result of the implementation of sections 1 to 16.
new text end

Sec. 10. new text begin PERSONNEL BOARD OF APPEALS.
new text end

new text begin Subdivision 1. new text end

new text begin Members; terms; qualifications. new text end

new text begin The county board shall appoint
three persons to serve staggered terms as members of a personnel board of appeals. After
the first appointments, successors shall serve for terms of three years each. Expiration
dates for expiring terms shall be fixed by the county board and vacancies shall be filled
by a majority vote of the county board for the unexpired term. Persons appointed to
the personnel board of appeals shall not serve while holding any county office or while
standing as a candidate for any county office, or while employed by the county. Each
member shall be a resident of the county and shall forfeit office on becoming a nonresident.
new text end

new text begin Subd. 2. new text end

new text begin Compensation; expenses. new text end

new text begin Compensation for members of the personnel
board of appeals shall be set by the county board and each member shall be paid actual
and necessary expenses.
new text end

new text begin Subd. 3. new text end

new text begin Officers; rules. new text end

new text begin The personnel board of appeals shall organize by electing
a chair and vice-chair and shall develop rules of procedure for matters brought before it
under sections 1 to 16 and rules promulgated pursuant to sections 1 to 16.
new text end

Sec. 11. new text begin DUTIES OF BOARD OF APPEALS.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin The personnel board of appeals shall meet upon call of
its chair or the personnel director to make findings and report to the county board within
30 days of the filing of an appeal by an applicant, employee, or appointing authority
in the following circumstances:
new text end

new text begin (1) alleged arbitrary or capricious action on the part of the county board with respect
to final establishment of rules under sections 1 to 16;
new text end

new text begin (2) alleged discrimination by the personnel director or the director's employees in
examination procedures or preparation of lists of eligible candidates, or discriminatory use
of them by the appointing authority under sections 1 to 16 or rules promulgated under
them;
new text end

new text begin (3) alleged misinterpretation or evasion by the personnel director or the county
board of provisions of sections 1 to 16 or the rules promulgated under them in a manner
seriously detrimental to the party bringing the appeal; or
new text end

new text begin (4) other matters of grievance as provided for in rules promulgated under sections 1
to 16.
new text end

new text begin Subd. 2. new text end

new text begin Procedures. new text end

new text begin The personnel board of appeals shall establish procedures
setting forth the methods and timetable for appeals to the board.
new text end

new text begin Subd. 3. new text end

new text begin Appeal findings. new text end

new text begin Findings and reports of the personnel board of appeals
shall be submitted to the county board for consideration and action as deemed appropriate
by the county board, but, to the extent required for employees of departments and agencies
paid in full or in part by federal funds, the findings of the personnel board of appeals shall
be final and binding if necessary to conform to a federal or state regulation affecting the
department or position.
new text end

Sec. 12. new text begin JUDICIAL REVIEW.
new text end

new text begin The employee or the appointing authority may appeal from an order of the board of
appeals in accordance with Minnesota Statutes, chapter 14.
new text end

Sec. 13. new text begin ABOLITION OF SYSTEM.
new text end

new text begin A personnel administration system established pursuant to sections 1 to 14 may be
abolished at any time by resolution of the county board adopted by a majority of all its
members. Upon adoption of the resolution, the personnel department shall cease to exist
and the status of all departments, commissions, and employees shall be the same as if no
personnel administration system had been established.
new text end

Sec. 14. new text begin APPROPRIATION BY COUNTY BOARD.
new text end

new text begin The county board may make appropriations as necessary to carry out sections 1 to 16.
new text end

Sec. 15. new text begin FEDERAL AID FOR MANPOWER SERVICES.
new text end

new text begin A county may receive financial assistance from agencies of the United States,
and plan for, and carry out comprehensive manpower services as provided for in the
Emergency Employment Act of 1971, as amended, and the Comprehensive Employment
and Training Act of 1973, as amended.
new text end

Sec. 16. new text begin PROTECTION OF RIGHTS UNDER STATE AND FEDERAL LAWS.
new text end

new text begin Subdivision 1. new text end

new text begin Equal employment; human rights. new text end

new text begin Nothing in sections 1 to 14 shall
be construed to permit or encourage any action or conduct prohibited by the Minnesota
Human Rights Act or prohibit recourse to any remedies provided in the Minnesota Human
Rights Act or any other state or federal law relating to equal employment opportunities,
and the provisions of these acts shall continue to apply to county employment generally,
including positions excluded from the jurisdiction of the county personnel administration
system.
new text end

new text begin Subd. 2. new text end

new text begin PELRA rights. new text end

new text begin Nothing in sections 1 to 14 shall be construed to affect the
rights and obligations of employees and employers under Minnesota Statutes, sections
179A.01 to 179A.25, or to in any way supersede provisions regarding public employment
relationships under the Public Employment Labor Relations Act of 1971, or the provisions
of any contracts or agreements executed pursuant to it.
new text end