as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state employment; modifying state hiring 1.3 process provisions; adding, modifying, and eliminating 1.4 definitions; making technical changes; amending 1.5 Minnesota Statutes 2002, sections 43A.02, subdivisions 1.6 4, 6, 11, 26, 32, 34, by adding subdivisions; 43A.04, 1.7 subdivisions 3, 4; 43A.05, subdivision 1; 43A.10; 1.8 43A.11, subdivisions 5, 6, 7, 8, 9; 43A.15, 1.9 subdivisions 1, 2, 4, 7, 10, 15; 43A.16, subdivision 1.10 1; 43A.191, subdivision 3; 43A.36, subdivision 1; 1.11 43A.39, subdivision 1; 197.455; Minnesota Statutes 1.12 2003 Supplement, section 43A.15, subdivision 14; 1.13 proposing coding for new law in Minnesota Statutes, 1.14 chapter 43A; repealing Minnesota Statutes 2002, 1.15 sections 43A.02, subdivisions 7, 8, 15, 16, 19, 20, 1.16 37; 43A.11, subdivisions 3, 4; 43A.12; 43A.13, 1.17 subdivisions 1, 2, 3, 4, 5, 6, 8; 43A.15, subdivisions 1.18 8, 9, 11; Minnesota Statutes 2003 Supplement, section 1.19 43A.13, subdivision 7; Minnesota Rules, parts 1.20 3900.3300; 3900.6100; 3900.6300; 3900.6400; 3900.6500; 1.21 3900.6600; 3900.7100; 3900.7200; 3900.7300; 3900.7400; 1.22 3900.8500; 3900.8600; 3900.8800. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 2002, section 43A.02, 1.25 subdivision 4, is amended to read: 1.26 Subd. 4. [APPLICANT.] "Applicant" means a person who 1.27 has
completed a state application for employment and has1.28 submitted it to the Department of Employee Relations or other1.29 appointing authority who has been delegated authority to recruit1.30 and examine individuals for state jobssatisfied the minimum 1.31 requirements for application established by the commissioner. 1.32 Sec. 2. Minnesota Statutes 2002, section 43A.02, is 1.33 amended by adding a subdivision to read: 1.34 Subd. 4a. [APPLICANT POOL.] "Applicant pool" means those 2.1 applicants who satisfy any limits on consideration for the 2.2 position under section 43A.10, subdivision 6a, and who have been 2.3 determined to meet the minimum qualifications for a vacant 2.4 position. 2.5 Sec. 3. Minnesota Statutes 2002, section 43A.02, 2.6 subdivision 6, is amended to read: 2.7 Subd. 6. [APPOINTMENT.] "Appointment" means the act of 2.8 filling a vacancy by placement of a person in a civil service 2.9 position through selection from an eligible lista finalist pool 2.10 or a noncompetitive or qualifying process including transfer, 2.11 demotion or reinstatement. 2.12 Sec. 4. Minnesota Statutes 2002, section 43A.02, 2.13 subdivision 11, is amended to read: 2.14 Subd. 11. [CLASS.] "Class" means one or more positions 2.15 sufficiently similar with respect to duties and responsibilities 2.16 that the same descriptive title may be used with clarity to 2.17 designate each position allocated to the class and that the same2.18 general qualifications are needed for performance of the duties2.19 of the class, and thatthe same schedule of pay can be applied 2.20 with equity to all positions in the class under the same or 2.21 substantially the same employment conditions. 2.22 Sec. 5. Minnesota Statutes 2002, section 43A.02, is 2.23 amended by adding a subdivision to read: 2.24 Subd. 22b. [FINALIST POOL.] "Finalist pool" means those 2.25 members of the applicant pool who have been determined to best 2.26 meet all the qualifications for a vacant position and who may be 2.27 legally appointed to the position. 2.28 Sec. 6. Minnesota Statutes 2002, section 43A.02, 2.29 subdivision 26, is amended to read: 2.30 Subd. 26. [LAYOFF LIST.] "Layoff list" means an eligiblea 2.31 list by classof former permanent or probationary employees of a 2.32 job class who have been terminated from positions in the class2.33 because of a shortage of funds or curtailment of service or for2.34 any other reason beyond their control not reflecting discredit2.35 on the employeeare eligible to be recalled to that class under 2.36 the provisions of a collective bargaining agreement or plan 3.1 established under section 43A.18. 3.2 Sec. 7. Minnesota Statutes 2002, section 43A.02, 3.3 subdivision 32, is amended to read: 3.4 Subd. 32. [PROBATIONARY PERIOD.] "Probationary period "," 3.5 part of the examinationselection process, means a working 3.6 period following unlimited appointment to a position in the 3.7 classified service, during which the employee is required to 3.8 demonstrate ability to perform the duties and fulfill the 3.9 responsibilities of the position. 3.10 Sec. 8. Minnesota Statutes 2002, section 43A.02, 3.11 subdivision 34, is amended to read: 3.12 Subd. 34. [QUALIFYING APPOINTMENT.] "Qualifying 3.13 appointment" means the selection, from other than an eligible3.14 lista finalist pool, of a candidatean applicant who has 3.15 demonstrated through an examinationa selection process that the 3.16 candidateapplicant meets minimum job-related requirements. 3.17 Sec. 9. Minnesota Statutes 2002, section 43A.04, 3.18 subdivision 3, is amended to read: 3.19 Subd. 3. [RULES.] The commissioner shall adopt rules under 3.20 the Administrative Procedure Act to implement the provisions of 3.21 this chapter that directly affect the rights of or processes 3.22 available to the general public. The rules have the force and 3.23 effect of law and may include but are not limited to: 3.24 (1) the processes for determining the extent of competition 3.25 for filling vacancies, for recruiting applicants, for conducting 3.26 competitive open examinations, for ranking candidates and3.27 maintaining competitive open eligible lists, and for3.28 certification and appointment of eligibles from competitive open3.29 eligible listsselection procedures and for making appointments 3.30 of individuals who are not employees of the civil service; 3.31 (2) the process for effecting noncompetitive and qualifying 3.32 appointments; 3.33 (3) the process for temporary designation of positions in 3.34 the unclassified service and for effecting appointments to the 3.35 unclassified service; 3.36 (4) a statewide affirmative action program to include 4.1 requirements for agency affirmative action plans, statewide 4.2 policies and procedures, reporting requirements, accountability 4.3 and responsibility of employees in the executive branch, and 4.4 overall objectives of the program; 4.5 (5) conditions under which moving and other expenses may be 4.6 authorized and paid prior to appointment to persons who have 4.7 accepted state employment; 4.8 (6) procedures for administration of the code of ethics for 4.9 employees of the executive branch; 4.10 (7) examination procedures for candidates with disabilities 4.11 as described in section 43A.15, subdivision 14; and 4.12 (8) procedures or policies that affect the operation of or 4.13 participation in the public employees insurance program. 4.14 Sec. 10. Minnesota Statutes 2002, section 43A.04, 4.15 subdivision 4, is amended to read: 4.16 Subd. 4. [ADMINISTRATIVE PROCEDURES.] The commissioner 4.17 shall develop administrative procedures, which are not subject 4.18 to the rulemaking provisions of the Administrative Procedure 4.19 Act, to effect provisions of chapter 43A which do not directly 4.20 affect the rights of or processes available to the general 4.21 public. The commissioner may also adopt administrative 4.22 procedures, not subject to the Administrative Procedure Act, 4.23 which concern topics affecting the general public if those 4.24 procedures concern only the internal management of the 4.25 department or other agencies and if those elements of the topics 4.26 which affect the general public are the subject of department 4.27 rules. 4.28 Administrative procedures shall be reproduced and made 4.29 available for comment to agencies, employees, and appropriate 4.30 exclusive representatives certified pursuant to sections 179A.01 4.31 to 179A.25, for at least 15 days prior to implementation and 4.32 shall include but are not limited to: 4.33 (a) maintenance and administration of a plan of 4.34 classification for all positions in the classified service and 4.35 for comparisons of unclassified positions with positions in the 4.36 classified service; 5.1 (b) procedures for administration of collective bargaining 5.2 agreements and plans established pursuant to section 43A.18 5.3 concerning total compensation and the terms and conditions of 5.4 employment for employees; 5.5 (c) procedures for effecting all personnel actions internal 5.6 to the state service such as processes and requirements for 5.7 agencies to publicize job openings and consider applicants who 5.8 are referred or nominate themselves, conduct of competitive5.9 promotional examinations, ranking and certification ofselection 5.10 procedures limited to employees for promotion, noncompetitive 5.11 and qualifying appointments of employees and leaves of absence; 5.12 (d) maintenance and administration of employee performance 5.13 appraisal, training and other programs; and 5.14 (e) procedures for pilots of the reengineered employee 5.15 selection process. Employment provisions of this chapter, 5.16 associated personnel rules adopted under subdivision 3, and 5.17 administrative procedures established under clauses (a) and (c) 5.18 may be waived for the purposes of these pilots. The pilots may 5.19 affect the rights of and processes available to members of the 5.20 general public seeking employment in the classified service. 5.21 The commissioner will provide public notice of any pilot 5.22 directly affecting the rights of and processes available to the 5.23 general public and make the administrative procedures available 5.24 for comment to the general public, agencies, employees, and 5.25 appropriate exclusive representatives certified pursuant to 5.26 sections 179A.01 to 179A.25 for at least 30 days prior to 5.27 implementation. 5.28 Sec. 11. Minnesota Statutes 2002, section 43A.05, 5.29 subdivision 1, is amended to read: 5.30 Subdivision 1. [GENERAL.] The commissioner through the 5.31 Personnel Bureau shall perform the duties assigned in this 5.32 chapter. The deputy for the Personnel Bureau shall perform any 5.33 duties delegated by the commissioner. 5.34 The commissioner's authority and responsibility shall 5.35 include but not be limited to maintenance of a classification 5.36 plan, assignment of all positions in the classified service to 6.1 job classes, maintenance and approval of total compensation 6.2 plans for all positions in the executive branch pursuant to the 6.3 provisions of section 43A.18 and other provisions of law; 6.4 preparation of examinations, rating of candidates for employment6.5 and preparation of eligible listsadministration of systems for 6.6 employee selection; maintenance of employee performance 6.7 appraisal, training and affirmative action programs; and 6.8 maintenance and publication of logical career paths in the 6.9 classified civil service. 6.10 Sec. 12. Minnesota Statutes 2002, section 43A.10, is 6.11 amended to read: 6.12 43A.10 [ EXAMINATIONSSELECTION PROCESS; ELIGIBILITY TO 6.13 COMPETE.] 6.14 Subdivision 1. [GENERAL.] Entrance to the classified 6.15 service shall be through successful competition in an6.16 examination and certificationa selection process and 6.17 appointment from an eligible lista finalist pool except as 6.18 provided in section 43A.15 or other law. 6.19 Subd. 2. [ EXAMINATIONSELECTION CRITERIA AND METHODS.] All 6.20 examinationsselection criteria and methods for filling 6.21 positions in the classified service shall be job related and 6.22 designed to fairly assess ability to perform the duties of the 6.23 classvacant position for which the examinationselection 6.24 process is givenconducted. 6.25 Subd. 2a. [APPLICATION REQUIREMENTS.] The commissioner 6.26 shall establish and maintain a database of applicants for state 6.27 employment. The commissioner shall establish, publicize, and 6.28 enforce minimum requirements for application. The appointing 6.29 authority shall enforce the established minimum requirements for 6.30 application for individuals who express interest directly to the 6.31 appointing authority. 6.32 Subd. 2b. [TERM OF ELIGIBILITY.] The term of eligibility 6.33 on layoff lists shall be as provided in the collective 6.34 bargaining agreement or plan established under section 43A.18, 6.35 under which the layoff list was established. The term of 6.36 eligibility for all other applicants shall be determined by the 7.1 commissioner but shall not be less than six months. 7.2 Subd. 3. [FACILITIES FURNISHED EXAMINERSFOR SELECTION 7.3 PROCEDURES.] The authorities having control of public buildings 7.4 in political subdivisions of the state and school districts, 7.5 upon written request of the commissioner, shall furnish 7.6 convenient facilities for the administration of examinations7.7 selection procedures. Upon such request, it shall be the duty 7.8 of state and local authorities and employees, as it is 7.9 consistent with their other duties, to aid in carrying out the 7.10 provisions of this section. Campuses of the Minnesota State 7.11 Colleges and Universities may charge the commissioner for actual 7.12 costs incurred in providing facilities for 7.13 examinationsselection procedures, provided that the costs were 7.14 incurred due solely to the examinationselection procedure. 7.15 Subd. 4. [ CANDIDATES, ELIGIBLESAPPLICANTS; EXPENSES.] The 7.16 commissioner or an appointing authority may pay travel expenses 7.17 incurred by candidates or eligiblesapplicants invited for oral 7.18 examinations or employment interviews in the manner and amounts 7.19 authorized by the commissioner. 7.20 Subd. 5. [ELIGIBILITY FOR COMPETITIVE OPEN EXAMINATIONS.]7.21 Competitive open examinations shall, upon public notice, be open7.22 to all applicants who meet reasonable job-related requirements7.23 fixed by the commissioner.7.24 Subd. 6. [ELIGIBILITY FOR COMPETITIVE PROMOTIONAL7.25 EXAMINATIONS.] Competitive promotional examinations shall be7.26 open only to employees of the civil service, the Minnesota State7.27 Retirement System, the Public Employees Retirement Association,7.28 and the Teacher's Retirement Association. The commissioner may7.29 require that competition be extended to all employees as defined7.30 above or may limit competition to employees of one or more7.31 agencies or organizational units thereof or to employees meeting7.32 specified employment conditions.7.33 Subd. 6a. [LIMITED CONSIDERATION OF APPLICANTS.] The 7.34 commissioner may limit consideration to only those applicants 7.35 who have indicated availability for the geographic location, 7.36 employment condition, travel status, and job grouping of the 8.1 vacant position and who have indicated possession of the minimum 8.2 qualifications for the vacant position. In addition, the 8.3 commissioner may limit consideration to only those applicants 8.4 who are: 8.5 (1) employees on a layoff list for the job class of the 8.6 position. The appointing authority shall consider those names 8.7 as provided in collective bargaining agreements and plans 8.8 established under section 43A.18; 8.9 (2) current employees of the civil service, the Minnesota 8.10 State Retirement System, the Public Employees Retirement 8.11 Association, and the Teacher's Retirement Association, or 8.12 employees of one or more agencies or organizational units under 8.13 them; 8.14 (3) former permanent and probationary employees of the job 8.15 class who separated from the class in good standing within the 8.16 past four years and have indicated availability for 8.17 reinstatement to the class; or 8.18 (4) current permanent and probationary employees who have 8.19 indicated availability for transfer or demotion to the job class. 8.20 Subd. 6b. [REFUSAL TO CONSIDER AN APPLICANT.] The 8.21 commissioner may remove from consideration any applicant who: 8.22 (1) has been dismissed for cause from the public service; 8.23 (2) has directly or indirectly given or promised to give 8.24 anything of value to any person in connection with the selection 8.25 process, appointment, or proposed appointment; 8.26 (3) has made a false statement of any material fact, or 8.27 practiced or attempted to practice any deception or fraud in the 8.28 application or selection process or in securing eligibility or 8.29 appointment; or 8.30 (4) has a prior conviction of a crime directly related to 8.31 the vacant position provided the refusal is consistent with the 8.32 requirements and procedures of chapter 364. 8.33 When the commissioner refuses to consider an applicant, the 8.34 commissioner shall, upon request of the applicant, furnish the 8.35 applicant a statement of the reasons for the refusal. Upon 8.36 receipt of relevant information, the commissioner shall 9.1 reconsider the refusal and may restore the applicant to 9.2 consideration. 9.3 Subd. 7. [ EXAMINATIONSELECTION PROCESS ACCOMMODATIONS.] 9.4 Upon request, the commissioner or appointing authority shall 9.5 provide examinationselection process accommodations to a9.6 candidatean applicant with a disability that does not prevent 9.7 performance of the duties of the classposition. The 9.8 accommodations must provide an opportunity to fairly examine9.9 assess the ability of the candidateapplicant to perform the 9.10 duties of the classposition notwithstanding the disability but 9.11 must preserve, to the extent feasible, the validity of the 9.12 examinationselection process and equitable comparison of 9.13 examination scoresresults with the results of competitors 9.14 without disabilities. 9.15 Subd. 8. [ELIGIBILITY FOR QUALIFIED DISABLED9.16 EXAMINATIONS.] The commissioner shall establish alternative9.17 examination methods to assess the qualifications of applicants9.18 for a competitive open or competitive promotional examination9.19 who have a disability that does not prevent performance of the9.20 duties of the class but that cannot be accommodated in the9.21 regular examination process. Alternative examination methods9.22 offered must allow candidates for competitive open and9.23 competitive promotional exams to demonstrate possession of the9.24 same knowledge, skills, and abilities essential to satisfactory9.25 performance in the job class without compromising inferences9.26 about other candidates' qualifications.9.27 Sec. 13. Minnesota Statutes 2002, section 43A.11, 9.28 subdivision 5, is amended to read: 9.29 Subd. 5. [DISABLED VETERAN; DEFINITIONS.] For the purpose 9.30 of the preference to be used in securing appointment from a9.31 competitive open examinationan applicant pool, "disabled 9.32 veteran" means a person who has a compensable service connected 9.33 disability as adjudicated by the United States Veterans 9.34 Administration, or by the retirement board of one of the several 9.35 branches of the armed forces, which disability is existing at 9.36 the time preference is claimed. For purposes of the preference10.1 to be used in securing appointment from a competitive10.2 promotional examination, "disabled veteran" means a person who,10.3 at the time of election to use a promotional preference, is10.4 entitled to disability compensation under laws administered by10.5 the Veterans Administration for a permanent service connected10.6 disability rated at 50 percent or more.10.7 Sec. 14. Minnesota Statutes 2002, section 43A.11, 10.8 subdivision 6, is amended to read: 10.9 Subd. 6. [PREFERENCE FOR SPOUSES.] A preference available 10.10 pursuant to this section may be used by the surviving spouse of 10.11 a deceased veteran and by the spouse of a disabled veteran who 10.12 because of the disability is unable to qualifywork. 10.13 Sec. 15. Minnesota Statutes 2002, section 43A.11, 10.14 subdivision 7, is amended to read: 10.15 Subd. 7. [RANKING OF VETERANS.] An eligible with a rating10.16 augmented by veteran's preference shall be entered on an10.17 eligible list ahead of a nonveteran with the same10.18 rating.Applicants who meet the minimum qualifications for a 10.19 vacant position and claim disabled veteran's preference shall be 10.20 listed in the applicant pool ahead of all other applicants. 10.21 Applicants who meet the minimum qualifications for a vacant 10.22 position and claim nondisabled veteran's preference shall be 10.23 listed in the applicant pool after those claiming disabled 10.24 veteran's preference and ahead of nonveterans. 10.25 Sec. 16. Minnesota Statutes 2002, section 43A.11, 10.26 subdivision 8, is amended to read: 10.27 Subd. 8. [NOTIFICATION.] A governmental agencyThe 10.28 commissioner or an appointing authority, when 10.29 notifying eligiblesapplicants that they have passed10.30 examinationsbeen accepted into the state's selection process, 10.31 shall show the final examination ratings preference credits and10.32 shallnotify eligiblesapplicants that they may elect to use 10.33 veteran's preference to augment passing ratings. 10.34 Sec. 17. Minnesota Statutes 2002, section 43A.11, 10.35 subdivision 9, is amended to read: 10.36 Subd. 9. [REJECTION; EXPLANATION.] If the appointing 11.1 authority rejects a certified eligiblemember of the finalist 11.2 pool who has receivedclaimed veteran's preference, the 11.3 appointing authority shall notify the eligiblefinalist in 11.4 writing of the reasons for the rejection. 11.5 Sec. 18. [43A.121] [RANKING OF THE APPLICANT POOL.] 11.6 Applicants referred from a layoff list shall be ranked as 11.7 provided in the collective bargaining agreement or plan 11.8 established under section 43A.18, under which the layoff list 11.9 was established. All other names in an applicant pool shall be 11.10 ranked according to the veteran's preference provisions of 11.11 section 43A.11, subdivision 7, and then in descending order of 11.12 the number of skill matches for the vacant position. If any 11.13 ties in rank remain, those names shall appear in alphabetical 11.14 order. 11.15 Sec. 19. Minnesota Statutes 2002, section 43A.15, 11.16 subdivision 1, is amended to read: 11.17 Subdivision 1. [GENERAL.] Positions in the classified 11.18 service may be filled other than by appointment from eligible11.19 listsa finalist pool only as provided in this section or other 11.20 law, provided that appointments made pursuant to subdivisions 5, 11.21 6, 9,10, 11,and 12 shall be subject to applicable provisions 11.22 of collective bargaining agreements. 11.23 Sec. 20. Minnesota Statutes 2002, section 43A.15, 11.24 subdivision 2, is amended to read: 11.25 Subd. 2. [EMERGENCY APPOINTMENTS.] An appointing authority 11.26 may make an emergency appointment for up to 3045 working days. 11.27 If necessary, the commissioner may grant an extension of the11.28 emergency appointment for 15 additional working days.No person 11.29 may be employed in any one agency on an emergency basis for more 11.30 than 45 working days in any 12-month period. 11.31 Sec. 21. Minnesota Statutes 2002, section 43A.15, 11.32 subdivision 4, is amended to read: 11.33 Subd. 4. [PROVISIONAL APPOINTMENTS.] The commissioner may 11.34 authorize an appointing authority to make a provisional 11.35 appointment if there is an urgent reason for filling a vacancy11.36 andno person on an incomplete certificationapplicant is 12.1 suitable or available for appointment .and 12.2 Nothe person shallto be provisionally appointed unless12.3 the person has passed an appropriate qualifying examination or12.4 is qualified in all respects except for completion of a 12.5 licensure or certification requirement. To the extent possible,12.6 the commissioner shall ensure that provisional appointments are12.7 kept to a minimum.12.8 No person shall be employed on a provisional basis for more 12.9 than six months unless the commissioner grants an extension to a 12.10 maximum of 12 months in the best interest of the state. No 12.11 extension may be granted beyond 12 months except for persons12.12 provisionally appointed to physician positions or other12.13 positions requiring licensure or certificationwhere there is a 12.14 lack of eligiblesapplicants and the provisional appointee is 12.15 continuing to work to complete the licensure or certification 12.16 requirement. 12.17 At the request of an appointing authority, the commissioner 12.18 may authorize the probationary appointment of a provisional 12.19 appointee who has performed satisfactorily for at least 60 12.20 days and has completed the licensure or certification 12.21 requirement. 12.22 Sec. 22. Minnesota Statutes 2002, section 43A.15, 12.23 subdivision 7, is amended to read: 12.24 Subd. 7. [APPOINTMENTS FOR UNCLASSIFIED INCUMBENTS OF 12.25 NEWLY CLASSIFIED POSITIONS.] The commissioner may authorize the 12.26 probationary appointment of an incumbent who has passed a 12.27 qualifying examinationselection process and who has served at 12.28 least one year in an unclassified position which has been placed 12.29 in the classified service by proper authority. 12.30 Sec. 23. Minnesota Statutes 2002, section 43A.15, 12.31 subdivision 10, is amended to read: 12.32 Subd. 10. [ROUTINE SERVICE AND ENTRY CLERICAL12.33 APPOINTMENTS.] The commissioner may authorize the administration 12.34 of a qualifying selection process if a class is of a routine, 12.35 service nature involving unskilled tasks, the performance of 12.36 which cannot be directly related to qualifications beyond a 13.1 minimum competency level. The commissioner may also authorize13.2 the administration of qualifying skill tests for entry level13.3 clerical positions as an alternative to certification from an13.4 eligible list as provided in section 43A.13.13.5 Sec. 24. Minnesota Statutes 2003 Supplement, section 13.6 43A.15, subdivision 14, is amended to read: 13.7 Subd. 14. [ON-THE-JOB DEMONSTRATION EXAMINATIONPROCESS 13.8 AND APPOINTMENT.] The commissioner shall establish qualifying 13.9 procedures for candidatesapplicants whose disabilities are of 13.10 such a severe nature that the candidatesapplicants are unable 13.11 to demonstrate their abilities in competitive and qualified13.12 disabled examination processesthe selection process. The 13.13 qualifying procedures must consist of up to 700 hours on-the-job 13.14 trial work experience which will be in lieu of a competitive13.15 examination andfor which the disabled person has the option of 13.16 being paid or unpaid. Up to three persons with severe 13.17 disabilities and their job coach may be allowed to demonstrate 13.18 their job competence as a unit through the on-the-job trial work 13.19 experience examinationselection procedure. This work13.20 experienceon-the-job demonstration process must be limited 13.21 to candidates for appointment, promotion, or transferapplicants 13.22 for whichwhom there is no reasonable accommodation in 13.23 the examinationselection process. 13.24 The commissioner may authorize the probationary appointment 13.25 of a candidatean applicant based on the request of the 13.26 appointing authority that documents that the candidateapplicant 13.27 has successfully demonstrated qualifications for the position 13.28 through completion of an on-the-job trial work experience. The 13.29 implementation of this subdivision may not be deemed a violation 13.30 of chapter 43A or 363A. 13.31 Sec. 25. Minnesota Statutes 2002, section 43A.15, 13.32 subdivision 15, is amended to read: 13.33 Subd. 15. [REINSTATEMENT.] An appointing authority may 13.34 directly reinstate a person who is a former permanent or 13.35 probationary employee of the job class, within four years of 13.36 separation from the class. The four-year limitation does not 14.1 apply to former permanent or probationary employees of the class 14.2 who are receiving disability benefits under a state retirement 14.3 plan. 14.4 Sec. 26. Minnesota Statutes 2002, section 43A.16, 14.5 subdivision 1, is amended to read: 14.6 Subdivision 1. [GENERAL.] All unlimited appointments to 14.7 positions in the classified service except as provided in this 14.8 subdivision shall be for a probationary period the duration of 14.9 which shall be determined through collective bargaining 14.10 agreements or plans established pursuant to section 43A.18 but 14.11 which shall not be less than 30 days of full-time equivalent 14.12 service nor more than two years of full-time equivalent 14.13 service. An appointing authority may require a probationary 14.14 period for transfers, reemployments,reinstatements, voluntary 14.15 demotions, and appointments from layoff lists of former 14.16 employees of a different appointing authority. For employees in 14.17 a bargaining unit as defined in section 179A.10 the requirement 14.18 of such a probationary period shall be subject to applicable 14.19 provisions of collective bargaining agreements. 14.20 Sec. 27. Minnesota Statutes 2002, section 43A.191, 14.21 subdivision 3, is amended to read: 14.22 Subd. 3. [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 14.23 commissioner shall annually audit the record of each agency to 14.24 determine the rate of compliance with affirmative action 14.25 requirements. 14.26 (b) By March 1 of each odd-numbered year, the commissioner 14.27 shall submit a report on affirmative action progress of each 14.28 agency and the state as a whole to the governor and to the 14.29 Finance Committee of the senate, the Ways and Means Committee of 14.30 the house of representatives, the Governmental Operations 14.31 Committees of both houses of the legislature, and the 14.32 Legislative Commission on Employee Relations. The report must 14.33 include noncompetitive appointments made under section 43A.08, 14.34 subdivision 2a, or 43A.15, subdivisions 3 to 137, 10, and 12, 14.35 and cover each agency's rate of compliance with affirmative 14.36 action requirements. 15.1 (c) An agency that does not meet its hiring goals must 15.2 justify its nonaffirmative action hires in competitive and 15.3 noncompetitive appointments according to criteria issued by the 15.4 Department of Employee Relations. "Missed opportunity" includes 15.5 failure to justify a nonaffirmative action hire. An agency must 15.6 have 25 percent or less missed opportunities in competitive 15.7 appointments and 25 percent or less missed opportunities in 15.8 appointments made under sections 43A.08, subdivisions 1, clauses 15.9 (9), (11), and (16); and 2a; and 43A.15, subdivisions 3 to 7, 15.10 10, 12, and 13. In addition, an agency shall: 15.11 (1) demonstrate a good faith effort to recruit protected 15.12 group members by following an active recruitment plan; 15.13 (2) implement a coordinated retention plan; and 15.14 (3) have an established complaint resolution procedure. 15.15 (d) The commissioner shall develop reporting standards and 15.16 procedures for measuring compliance. 15.17 (e) An agency is encouraged to develop other innovative 15.18 ways to promote awareness, acceptance, and appreciation for 15.19 diversity and affirmative action. These innovations will be 15.20 considered when evaluating an agency's compliance with this 15.21 section. 15.22 (f) An agency not in compliance with affirmative action 15.23 requirements of this section must identify methods and programs 15.24 to improve performance, to reallocate resources internally in 15.25 order to increase support for affirmative action programs, and 15.26 to submit program and resource reallocation proposals to the 15.27 commissioner for approval. An agency must submit these 15.28 proposals within 120 days of being notified by the commissioner 15.29 that it is out of compliance with affirmative action 15.30 requirements. The commissioner shall monitor quarterly the 15.31 affirmative action programs of an agency found to be out of 15.32 compliance. 15.33 (g) The commissioner shall establish a program to recognize 15.34 an agency that has made significant and measurable progress in 15.35 implementing an affirmative action plan. 15.36 Sec. 28. Minnesota Statutes 2002, section 43A.36, 16.1 subdivision 1, is amended to read: 16.2 Subdivision 1. [COOPERATION; STATE AGENCIES.] The 16.3 commissioner may delegate administrative functions associated 16.4 with the duties of the commissioner to appointing authorities 16.5 who have the capability to perform such functions when the 16.6 commissioner determines that it is in the best interests of the 16.7 state civil service. The commissioner shall consult with 16.8 agencies and agencies shall cooperate as appropriate in 16.9 implementation of this chapter. 16.10 The commissioner, in conjunction with appointing 16.11 authorities, shall analyze and assess current and future human 16.12 resource requirements of the civil service and coordinate 16.13 personnel actions throughout the civil service to meet the 16.14 requirements. The commissioner shall permit appointing16.15 authorities to use eligible lists in making appointments to16.16 positions in the unclassified service and shallprovide 16.17 recruiting assistance and make the applicant database available 16.18 to appointing authorities to use in making appointments to 16.19 positions in the unclassified service. 16.20 The head of each agency in the executive branch shall 16.21 designate an agency personnel officer. The agency personnel 16.22 officer shall be accountable to the agency head for all 16.23 personnel functions prescribed by laws, rules, collective 16.24 bargaining agreements, the commissioner and the agency head. 16.25 Except when otherwise prescribed by the agency head in a 16.26 specific instance, the personnel officer shall be assumed to be 16.27 the authority accountable to the agency head over any other 16.28 officer or employee in the agency for personnel functions. 16.29 The head of each agency in the executive branch shall 16.30 designate an affirmative action officer who shall have primary 16.31 responsibility for the administration of the agency's 16.32 affirmative action plan. The officer shall report directly to 16.33 the head of the agency on affirmative action matters. 16.34 Sec. 29. Minnesota Statutes 2002, section 43A.39, 16.35 subdivision 1, is amended to read: 16.36 Subdivision 1. [PROHIBITED ACTS; PENALTIES.] All employees 17.1 shall comply with and aid in all proper ways the enforcement of 17.2 the provisions of this chapter. No employee or any other person 17.3 shall intentionally: 17.4 (a) Make any false oral or written statement, mark, rating 17.5 or report concerning any application, examination, certification17.6 selection process, or appointment made under provisions of this 17.7 chapter or in any manner commit or attempt to commit any fraud 17.8 preventing the impartial execution of this chapter; 17.9 (b) Directly or indirectly, give, render, pay, offer, 17.10 solicit, or accept any money, service or other valuable 17.11 consideration for any appointment, proposed appointment, 17.12 promotion or proposed promotion to, or any advantage in 17.13 obtaining, a position in the civil service; 17.14 (c) Defeat, deceive, or obstruct any person in exercising 17.15 rights to examination, eligibility, certification or appointment17.16 under this chapter, or furnish to any person any special or 17.17 secret information for the purpose of affecting the rights or 17.18 prospects of any person with respect to appointment, advancement 17.19 or retention in the classified service; 17.20 (d) Violate the provisions of section 43A.37 or 43A.38; or 17.21 (e) If in the classified service, engage in activities 17.22 prohibited by section 43A.32. 17.23 Sec. 30. Minnesota Statutes 2002, section 197.455, is 17.24 amended to read: 17.25 197.455 [ STATE LAW APPLICABLEVETERAN'S PREFERENCE 17.26 APPLIED.] 17.27 Subdivision 1. [APPLICATION.] The provisions of section17.28 43A.11 granting preference to veterans in the state civil17.29 serviceThis section shall alsogovern preference of a veteran 17.30 under the civil service laws, charter provisions, ordinances, 17.31 rules or regulations of a county, city, town, school district, 17.32 or other municipality or political subdivision of this state ,17.33 except that a notice of rejection stating the reasons for17.34 rejection of a qualified veteran shall be filed with the17.35 appropriate local personnel officer. Any provision in a law, 17.36 charter, ordinance, rule or regulation contrary to the 18.1 applicable provisions of this section 43A.11is void to the 18.2 extent of such inconsistency. Sections 197.46 to 197.48 shall 18.3 not apply to state civil service. 18.4 Subd. 2. [CREATION.] Recognizing that training and 18.5 experience in the military services of the government and 18.6 loyalty and sacrifice for the government are qualifications of 18.7 merit which cannot be readily assessed by examination, a 18.8 veteran's preference shall be available to a veteran as defined 18.9 in section 197.447. 18.10 Subd. 3. [RESTRICTIONS.] Veteran's preference credit under 18.11 this section may not be used by any veteran who is currently 18.12 receiving or is eligible to receive a monthly veteran's pension 18.13 based exclusively on length of military service. 18.14 Subd. 4. [NONDISABLED VETERAN'S CREDIT.] There shall be 18.15 added to the competitive open examination rating of a 18.16 nondisabled veteran, who so elects, a credit of five points 18.17 provided that the veteran obtained a passing rating on the 18.18 examination without the addition of the credit points. 18.19 Subd. 5. [DISABLED VETERAN'S CREDIT.] There shall be added 18.20 to the competitive open examination rating of a disabled 18.21 veteran, who so elects, a credit of ten points provided that the 18.22 veteran obtained a passing rating on the examination without the 18.23 addition of the credit points. There shall be added to the 18.24 competitive promotional examination rating of a disabled 18.25 veteran, who so elects, a credit of five points provided that 18.26 (1) the veteran obtained a passing rating on the examination 18.27 without the addition of the credit points; and (2) the veteran 18.28 is applying for a first promotion after securing public 18.29 employment. 18.30 Subd. 6. [DISABLED VETERAN; DEFINITIONS.] For the purpose 18.31 of the preference to be used in securing appointment from a 18.32 competitive open examination, "disabled veteran" means a person 18.33 who has a compensable service-connected disability as 18.34 adjudicated by the United States Veterans Administration, or by 18.35 the retirement board of one of the several branches of the armed 18.36 forces, which disability is existing at the time preference is 19.1 claimed. For purposes of the preference to be used in securing 19.2 appointment from a competitive promotional examination, 19.3 "disabled veteran" means a person who, at the time of election 19.4 to use a promotional preference, is entitled to disability 19.5 compensation under laws administered by the Veterans 19.6 Administration for a permanent service-connected disability 19.7 rated at 50 percent or more. 19.8 Subd. 7. [PREFERENCE FOR SPOUSES.] A preference available 19.9 pursuant to this section may be used by the surviving spouse of 19.10 a deceased veteran and by the spouse of a disabled veteran who 19.11 because of the disability is unable to qualify. 19.12 Subd. 8. [RANKING OF VETERANS.] An eligible with a rating 19.13 augmented by veteran's preference shall be entered on an 19.14 eligible list ahead of a nonveteran with the same rating. 19.15 Subd. 9. [NOTIFICATION.] A governmental agency, when 19.16 notifying eligibles that they have passed examinations, shall 19.17 show the final examination ratings and preference credits and 19.18 shall notify eligibles that they may elect to use veteran's 19.19 preference to augment passing ratings. 19.20 Subd. 10. [REJECTION; EXPLANATION.] If the appointing 19.21 authority rejects a certified eligible who has received 19.22 veteran's preference, the appointing authority shall notify the 19.23 eligible in writing of the reasons for the rejection and file 19.24 the notice with the appropriate local personnel officer. 19.25 Sec. 31. [REPEALER.] 19.26 (a) Minnesota Statutes 2002, sections 43A.02, subdivisions 19.27 7, 8, 15, 16, 19, 20, and 37; 43A.11, subdivisions 3 and 4; 19.28 43A.12; 43A.13, subdivisions 1, 2, 3, 4, 5, 6, and 8; and 19.29 43A.15, subdivisions 8, 9, and 11; and Minnesota Statutes 2003 19.30 Supplement, section 43A.13, subdivision 7, are repealed. 19.31 (b) Minnesota Rules, parts 3900.3300; 3900.6100; 3900.6300; 19.32 3900.6400; 3900.6500; 3900.6600; 3900.7100; 3900.7200; 19.33 3900.7300; 3900.7400; 3900.8500; 3900.8600; and 3900.8800, are 19.34 repealed.