SF 3167

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

  1.1                          A bill for an act 
  1.2             relating to Dakota county; authorizing the county to 
  1.3             appoint an additional member to its personnel board of 
  1.4             appeals; amending Minnesota Statutes 1998, sections 
  1.5             383D.30, subdivision 1; and 383D.31. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 383D.30, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  The county board shall appoint three four 
  1.10  persons to serve staggered terms as members of a personnel board 
  1.11  of appeals.  After the first appointments, successors shall 
  1.12  serve for terms of three years each.  Expiration dates for 
  1.13  expiring terms shall be fixed by the county board and vacancies 
  1.14  shall be filled by a majority vote of the county board for the 
  1.15  unexpired term.  Persons appointed to the personnel board of 
  1.16  appeals shall not serve while holding any county office, while 
  1.17  standing as a candidate for any county office, or while employed 
  1.18  by the county.  Each member shall be a resident of the county 
  1.19  and shall forfeit office on becoming a nonresident.  
  1.20     Sec. 2.  Minnesota Statutes 1998, section 383D.31, is 
  1.21  amended to read: 
  1.22     383D.31 [DUTIES OF BOARD OF APPEALS.] 
  1.23     Subdivision 1.  [JURISDICTION.] A panel of three members of 
  1.24  the personnel board of appeals shall meet upon call of its chair 
  1.25  or the employee relations director to make findings and report 
  2.1   to the county board within 60 days of the filing of an appeal by 
  2.2   an applicant, employee, or appointing authority, unless the time 
  2.3   is extended with the consent of the party filing the appeal, in 
  2.4   the following circumstances: 
  2.5      (a) Alleged arbitrary or capricious action by the county 
  2.6   board with respect to final establishment of rules under 
  2.7   sections 383D.21 to 383D.35. 
  2.8      (b) Alleged discrimination by the employee relations 
  2.9   director or the director's employees in examination procedures 
  2.10  or preparation of lists of eligible candidates, or 
  2.11  discriminatory use of them by the appointing authority under 
  2.12  sections 383D.21 to 383D.35 or rules promulgated under them.  
  2.13     (c) Alleged misinterpretation or evasion by the director or 
  2.14  the county board of a provision of sections 383D.21 to 383D.35 
  2.15  or the rules promulgated under them in a manner seriously 
  2.16  detrimental to the party bringing the appeal. 
  2.17     (d) Other matters of grievance as provided for in rules 
  2.18  promulgated under sections 383D.21 to 383D.35. 
  2.19     Subd. 2.  [PROCEDURES.] The personnel board of appeals 
  2.20  shall establish procedures for appeals to the board.  The 
  2.21  procedures shall provide that its chair appoint the members of 
  2.22  each panel convened pursuant to subdivision 1. 
  2.23     Subd. 3.  [APPEAL FINDINGS.] Findings and reports of the 
  2.24  personnel board of appeals shall be submitted to the county 
  2.25  board for consideration and action as deemed appropriate by the 
  2.26  county board, but, to the extent required for employees of 
  2.27  departments and agencies paid in full or in part by federal 
  2.28  funds, the findings of the personnel board of appeals shall be 
  2.29  final and binding if necessary to conform to a federal or state 
  2.30  regulation affecting the department or position. 
  2.31     Sec. 3.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  2.32     Sections 1 and 2 are effective the day after the governing 
  2.33  body of Dakota county and its chief clerical officer timely 
  2.34  complete their compliance with Minnesota Statutes, section 
  2.35  645.021, subdivisions 2 and 3.