as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state employment; prohibiting certain 1.3 noncompetitive promotions; modifying the definition of 1.4 confidential employee; amending Minnesota Statutes 1.5 1998, sections 43A.15, subdivision 5; and 179A.03, 1.6 subdivision 4. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 43A.15, 1.9 subdivision 5, is amended to read: 1.10 Subd. 5. [NONCOMPETITIVE PROMOTIONS.] The commissioner may 1.11 authorize an appointing authority to promote the incumbent with 1.12 permanent or probationary status to a reallocated classified 1.13 position. The commissioner shall not authorize a noncompetitive 1.14 promotion when the proposed reallocation would move the position 1.15 into a confidential position as defined in section 179A.03, 1.16 subdivision 4, or a supervisory position as defined in section 1.17 179A.03, subdivision 17. 1.18 Sec. 2. Minnesota Statutes 1998, section 179A.03, 1.19 subdivision 4, is amended to read: 1.20 Subd. 4. [CONFIDENTIAL EMPLOYEE.] "Confidential employee" 1.21 means an employee who as part of the employee's job duties: 1.22 (1) has access to labor relations information as that term 1.23 is defined in section 13.37, subdivision 1, paragraph (c);or1.24 (2) actively participates in the meeting and negotiating on 1.25 behalf of the public employer.; or 1.26 (3) for employees of the state of Minnesota and the 2.1 University of Minnesota, actively participates in meeting and 2.2 negotiating with an exclusive representative as a member of an 2.3 employer's bargaining team.