SF 1741

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the metropolitan council; providing for 
  1.3             the transfer of employees between the council and 
  1.4             other political subdivisions of the state; amending 
  1.5             Minnesota Statutes 1998, section 473.129, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 473.129, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 2a.  [TRANSFER OF EMPLOYEES.] (a) Notwithstanding any 
  1.11  other law to the contrary, the council may transfer an employee 
  1.12  to, or receive a transferred employee from, another political 
  1.13  subdivision of the state in accordance with this subdivision.  
  1.14  The political subdivision transferring an employee is referred 
  1.15  to in this subdivision as the "transferring entity" and the 
  1.16  political subdivision receiving a transferred employee is 
  1.17  referred to in this subdivision as the "receiving entity." 
  1.18     (b) No transfer under this subdivision may take place 
  1.19  without the concurrence of the transferring entity, the 
  1.20  receiving entity, and the transferring employee.  Details of the 
  1.21  transfer may be the subject of a transfer agreement between the 
  1.22  transferring entity, the receiving entity, and the transferring 
  1.23  employee.  However, such an agreement must not (1) provide 
  1.24  separation benefits from the transferring entity to the 
  1.25  transferring employee which are not consistent with the 
  1.26  applicable collective bargaining agreement or personnel plan of 
  2.1   the transferring entity; or (2) guarantee employment for a 
  2.2   particular time period or provide benefits or terms and 
  2.3   conditions of employment to the transferring employee not 
  2.4   consistent with the applicable collective bargaining agreement 
  2.5   or personnel plan of the receiving entity. 
  2.6      (c) Appointment of the transferring employee to a position 
  2.7   by the receiving entity may be made without regard to the laws, 
  2.8   rules, policies, or procedures governing the selection of 
  2.9   employees of the receiving entity. 
  2.10     (d) Upon the effective date of the transfer, the 
  2.11  transferring employee must be considered an employee of the 
  2.12  receiving entity and no longer an employee of the transferring 
  2.13  entity and the transferring employee must be subject to all the 
  2.14  terms and conditions of employment of the receiving entity and 
  2.15  any applicable collective bargaining agreements and personnel 
  2.16  policies. 
  2.17     (e) Nothing in this subdivision must be construed as 
  2.18  diminishing any rights defined in collective bargaining 
  2.19  agreements under chapter 179A relating to the hiring or 
  2.20  promotion of employees in the receiving entity. 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     Section 1 is effective on the day following final enactment.