SF 1438

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public employment; ratifying certain labor 
  1.3             agreements and proposals; modifying public employee 
  1.4             compensation provisions; amending Minnesota Statutes 
  1.5             2000, sections 3.855, subdivision 3; 15A.0815, 
  1.6             subdivision 1, and by adding a subdivision; 136F.07; 
  1.7             136F.40, subdivision 2; and 179A.15; repealing 
  1.8             Minnesota Statutes 2000, section 43A.18, subdivisions 
  1.9             4a and 5. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 3.855, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [OTHER SALARIES AND COMPENSATION PLANS.] The 
  1.14  commission shall also: 
  1.15     (1) review and approve, reject, or modify a plan for 
  1.16  compensation and terms and conditions of employment prepared and 
  1.17  submitted by the commissioner of employee relations under 
  1.18  section 43A.18, subdivision 2, covering all state employees who 
  1.19  are not represented by an exclusive bargaining representative 
  1.20  and whose compensation is not provided for by chapter 43A or 
  1.21  other law; 
  1.22     (2) review and approve, reject, or modify a plan for total 
  1.23  compensation and terms and conditions of employment for 
  1.24  employees in positions identified as being managerial under 
  1.25  section 43A.18, subdivision 3, whose salaries and benefits are 
  1.26  not otherwise provided for in law or other plans established 
  1.27  under chapter 43A; 
  2.1      (3) review and approve, reject, or modify recommendations 
  2.2   for salaries submitted by the governor or other appointing 
  2.3   authority under section 43A.18 15A.0815, subdivision 5, covering 
  2.4   agency head positions listed in section 15A.0815; 
  2.5      (4) review and approve, reject, or modify recommendations 
  2.6   for salaries of officials of higher education systems under 
  2.7   section 15A.081, subdivision subdivisions 7b and 7c; and 
  2.8      (5) review and approve, reject, or modify plans for 
  2.9   compensation, terms, and conditions of employment proposed under 
  2.10  section 43A.18, subdivisions 3a and 4. 
  2.11     Sec. 2.  Minnesota Statutes 2000, section 15A.0815, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [SALARY LIMITS.] The governor or other 
  2.14  appropriate appointing authority shall set the salary rates for 
  2.15  positions listed in this section within the salary limits listed 
  2.16  in subdivisions 2 to 4, subject to approval of the legislative 
  2.17  coordinating commission and the legislature as provided 
  2.18  by subdivision 5 and sections 3.855, and 15A.081, subdivision 7b 
  2.19  , and 43A.18, subdivision 5.  
  2.20     Sec. 3.  Minnesota Statutes 2000, section 15A.0815, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 5.  [APPOINTING AUTHORITIES TO RECOMMEND CERTAIN 
  2.23  SALARIES.] (a) The governor, or other appropriate appointing 
  2.24  authority, may submit to the legislative coordinating commission 
  2.25  recommendations for salaries within the salary limits for the 
  2.26  positions listed in subdivisions 2 to 4.  An appointing 
  2.27  authority may also propose additions or deletions of positions 
  2.28  from those listed. 
  2.29     (b) Before submitting the recommendations, the appointing 
  2.30  authority shall consult with the commissioner of employee 
  2.31  relations concerning the recommendations.  
  2.32     (c) In making recommendations, the appointing authority 
  2.33  shall consider the criteria established in section 43A.18, 
  2.34  subdivision 8, and the performance of individual incumbents.  
  2.35  The performance evaluation must include a review of an 
  2.36  incumbent's progress toward attainment of affirmative action 
  3.1   goals.  The appointing authority shall establish an objective 
  3.2   system for quantifying knowledge, abilities, duties, 
  3.3   responsibilities, and accountabilities, and in determining 
  3.4   recommendations, rate each position by this system. 
  3.5      (d) Before the appointing authority's recommended salaries 
  3.6   take effect, the recommendations must be reviewed and approved, 
  3.7   rejected, or modified by the legislative coordinating commission 
  3.8   and the legislature under section 3.855, subdivisions 2 and 3.  
  3.9   If, when the legislature is not in session, the commission fails 
  3.10  to reject or modify salary recommendations of the governor 
  3.11  within 30 calendar days of their receipt, the recommendations 
  3.12  are deemed to be approved. 
  3.13     (e) The appointing authority shall set the initial salary 
  3.14  of a head of a new agency or a chair of a new metropolitan board 
  3.15  or commission whose salary is not specifically prescribed by law 
  3.16  after consultation with the commissioner, whose recommendation 
  3.17  is advisory only.  The amount of the new salary must be 
  3.18  comparable to the salary of an agency head or commission chair 
  3.19  having similar duties and responsibilities. 
  3.20     (f) The salary of a newly appointed head of an agency or 
  3.21  chair of a metropolitan agency listed in subdivisions 2 to 4, 
  3.22  may be increased or decreased by the appointing authority from 
  3.23  the salary previously set for that position within 30 days of 
  3.24  the new appointment after consultation with the commissioner.  
  3.25  If the appointing authority increases a salary under this 
  3.26  paragraph, the appointing authority shall submit the new salary 
  3.27  to the legislative coordinating commission and the full 
  3.28  legislature for approval, modification, or rejection under 
  3.29  section 3.855, subdivisions 2 and 3.  If, when the legislature 
  3.30  is not in session, the commission fails to reject or modify 
  3.31  salary recommendations of the governor within 30 calendar days 
  3.32  of their receipt, the recommendations are deemed to be approved. 
  3.33     Sec. 4.  Minnesota Statutes 2000, section 136F.07, is 
  3.34  amended to read: 
  3.35     136F.07 [CHANCELLOR.] 
  3.36     The board shall appoint a chancellor who shall serve in the 
  4.1   unclassified service.  The chancellor shall possess powers and 
  4.2   perform duties as delegated by the board.  The board shall set 
  4.3   the salary of the chancellor according to section 15A.0815 
  4.4   15A.081, subdivision 7c. 
  4.5      Sec. 5.  Minnesota Statutes 2000, section 136F.40, 
  4.6   subdivision 2, is amended to read: 
  4.7      Subd. 2.  [COMPENSATION CONTRACTS.] Notwithstanding any 
  4.8   other provision to the contrary, when establishing compensation 
  4.9   the board may provide, through a contract, a liquidated salary 
  4.10  amount or other compensation if a contract with a chancellor or 
  4.11  president is terminated by the board prior to its expiration. 
  4.12     Any benefits shall be excluded in computation of 
  4.13  retirement, insurance, and other benefits available through or 
  4.14  from the state.  Any benefits or additional compensation must be 
  4.15  as provided under the plan approved under section 43A.18, 
  4.16  subdivision 3a.  (a) The board may enter into a contract with 
  4.17  the chancellor, a vice-chancellor, or a president, containing 
  4.18  terms and conditions of employment.  The terms of the contract 
  4.19  must be authorized under a plan approved under section 43A.18, 
  4.20  subdivision 3a. 
  4.21     (b) Notwithstanding section 43A.17, subdivision 11, or 
  4.22  other law to the contrary, a contact under this section may 
  4.23  provide a liquidated salary amount or other compensation if a 
  4.24  contract is terminated by the board prior to its expiration. 
  4.25     Sec. 6.  Minnesota Statutes 2000, section 179A.15, is 
  4.26  amended to read: 
  4.27     179A.15 [MEDIATION.] 
  4.28     Once notice has been given under section 179A.14, the 
  4.29  employer or the exclusive representative may petition the 
  4.30  commissioner for mediation services.  
  4.31     A petition by an employer shall be signed by the employer 
  4.32  or an authorized officer or agent.  A petition by an exclusive 
  4.33  representative shall be signed by its authorized officer.  All 
  4.34  petitions shall be delivered to served on the commissioner in 
  4.35  person or sent by certified mail.  The petition shall state 
  4.36  briefly the nature of the disagreement of the parties.  Upon 
  5.1   receipt of a petition and upon concluding that mediation would 
  5.2   be useful, the commissioner shall fix a time and place for a 
  5.3   conference with the parties to negotiate the issues not agreed 
  5.4   upon, and shall then take the most expedient steps to bring 
  5.5   about a settlement, including assisting in negotiating and 
  5.6   drafting an agreement.  
  5.7      If the commissioner determines that mediation would be 
  5.8   useful in resolving a dispute, the commissioner may mediate the 
  5.9   dispute even if neither party has filed a petition for 
  5.10  mediation.  In these cases, the commissioner shall proceed as if 
  5.11  a petition had been filed.  
  5.12     The commissioner shall not furnish mediation services to 
  5.13  any employee or employee representative who is not certified as 
  5.14  an exclusive representative.  
  5.15     All parties shall respond to the summons of the 
  5.16  commissioner for conferences and shall continue in conference 
  5.17  until excused by the commissioner.  
  5.18     Sec. 7.  [RATIFICATIONS.] 
  5.19     Subdivision 1.  [UNREPRESENTED MANAGERS; MINNESOTA STATE 
  5.20  COLLEGES AND UNIVERSITIES.] The amendments to the plan for 
  5.21  administrators of the Minnesota state colleges and universities, 
  5.22  approved by the legislative coordinating commission subcommittee 
  5.23  on employee relations on July 21, 2000, are ratified. 
  5.24     Subd. 2.  [SALARIES FOR HEADS OF STATE AGENCIES.] The 
  5.25  proposal to increase the salaries of certain heads of state 
  5.26  agencies, approved by the legislative coordinating commission 
  5.27  subcommittee on employee relations on July 21, 2000, is ratified.
  5.28     Subd. 3.  [ENGINEERS.] The arbitration award and labor 
  5.29  agreement between the state of Minnesota and the Minnesota 
  5.30  government engineers council, approved by the legislative 
  5.31  coordinating commission subcommittee on employee relations on 
  5.32  September 8, 2000, are ratified. 
  5.33     Subd. 4.  [SALARIES FOR CERTAIN HEADS OF STATE 
  5.34  AGENCIES.] The proposals to increase the salaries of the 
  5.35  directors of the state board of investment and the teachers 
  5.36  retirement association, as approved by the legislative 
  6.1   coordinating commission subcommittee on employee relations on 
  6.2   September 8, 2000, are ratified. 
  6.3      Sec. 8.  [REPEALER.] 
  6.4      Minnesota Statutes 2000, section 43A.18, subdivisions 4a 
  6.5   and 5, are repealed. 
  6.6      Sec. 9.  [EFFECTIVE DATE.] 
  6.7      Sections 1 to 8 are effective the day following final 
  6.8   enactment.