SF 2711

as introduced - 88th Legislature (2013 - 2014) Posted on 03/18/2014 09:28am

A bill for an act
relating to public safety; extending employment protections to certain probation
officers; amending Minnesota Statutes 2012, section 244.19, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 244.19, subdivision 1, is amended to read:

Subdivision 1.

Appointment; joint services; state services.

(a) If a county or group
of counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall
appoint one or more persons of good character to serve as county probation officers during
the pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services to district courts in one of the following ways:

(1) the court, with the approval of the county boards, may appoint one or more
salaried county probation officers to serve during the pleasure of the court;

(2) when two or more counties offer probation services the district court through
the county boards may appoint common salaried county probation officers to serve
in the several counties;

(3) a county or a district court may request the commissioner of corrections to
furnish probation services in accordance with the provisions of this section, and the
commissioner of corrections shall furnish such services to any county or court that fails to
provide its own probation officer by one of the two procedures listed above;

(4) if a county or district court providing probation services under clause (1) or (2)
asks the commissioner of corrections or the legislative body for the state of Minnesota
mandates the commissioner of corrections to furnish probation services to the district
court, the probation officers and other employees displaced by the changeover shall be
employed by the commissioner of corrections. Years of service in the county probation
department are to be given full credit for future sick leave and vacation accrual purposes;

new text begin (5) if a county or district court assumes and takes over correctional services presently
provided by the commissioner, the state probation officers displaced by the changeover
shall be employed by the county. Years of service in the Department of Corrections are to
be given full credit for future sick leave and vacation accrual purposes; and
new text end

deleted text begin (5) deleted text end new text begin (6) new text end all probation officers serving the juvenile courts on July 1, 1972, shall
continue to serve in the county or counties they are now serving.

(b) The commissioner of management and budget shall place employees transferred
to state service under paragraph (a), clause (4), in the proper classifications in the
classified service. Each employee is appointed without examination at no loss in salary
or accrued vacation or sick leave benefits, but no additional accrual of vacation or
sick leave benefits may occur until the employee's total accrued vacation or sick leave
benefits fall below the maximum permitted by the state for the employee's position. An
employee appointed under paragraph (a), clause (4), shall serve a probationary period of
six months. After exhausting labor contract remedies, a noncertified employee may appeal
for a hearing within ten days to the commissioner of management and budget, who may
uphold the decision, extend the probation period, or certify the employee. The decision of
the commissioner of management and budget is final. The state shall negotiate with the
exclusive representative for the bargaining unit to which the employees are transferred
regarding their seniority. For purposes of computing seniority among those employees
transferring from one county unit only, a transferred employee retains the same seniority
position as the employee had within that county's probation office.

new text begin (c) A probation officer or other employee hired by a county under paragraph
(a), clause (5), shall, to the extent possible and notwithstanding the provisions of any
other law or ordinance to the contrary, be deemed a transfer in grade with all of the
benefits enjoyed by that officer, employee, or agent while in the service of the state
correctional service. Each employee is appointed without examination at no loss in
salary or accrued vacation or sick leave benefits, but no additional accrual of vacation or
sick leave benefits may occur until the employee's total accrued vacation or sick leave
benefits fall below the maximum permitted by the county for the employee's position. An
employee appointed under paragraph (a), clause (5), shall serve a probationary period of
six months. The probation period may be extended. For purposes of computing seniority
among those employees transferring from a commissioner of corrections unit only, a
transferred employee retains the same seniority position as the employee had within that
commissioner of corrections unit.
new text end