Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 220--S.F.No. 161
           An act relating to the city of Minneapolis; changing 
          the position of cable communications officer to the 
          unclassified service; changing procedures for the 
          appointment of certain positions; providing for the 
          right to retain certain benefits for employees; 
          permitting the transfer of certain employees to the 
          community development agency; amending Laws 1969, 
          chapter 937, section 1, subdivisions 9, as amended, 
          and 17, and by adding a section, and Laws 1980, 
          chapter 595, section 2, subdivision 1, as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1969, chapter 937, section 1, subdivision 
9, as added by Laws 1982, chapter 491, section 2, is amended to 
read:  
    Subd. 9.  The city coordinator of the city of Minneapolis 
may appoint a person to the following positions to perform the 
duties and services he may direct:  
    (a) Purchasing agent;  
    (b) Management information services director;  
    (c) Director of labor relations;  
    (d) Director of affirmative action;  
    (e) Manager of auditorium;  
    (f) Director of federal programs;  
    (g) Legislative liaison;  
    (h) Director of energy programs;  
    (i) Manager of licenses and consumer services;  
    (j) Manager, finance - city council;  
    (k) Officer, cable communications.  
    Sec. 2.  Laws 1969, chapter 937, section 1, subdivision 17, 
as added by Laws 1982, chapter 491, section 2, is amended to 
read:  
     Subd. 17.  A person may be appointed to the following 
positions by a majority vote, of the city council, upon the 
approval of the mayor of the city of Minneapolis may appoint a 
person to the following positions, to perform the duties and 
services they may direct:  
     (a) Chief engineer of the fire department.  Laws 1969, 
Chapter 937, Section 2 shall only apply to a chief engineer 
appointed pursuant to this subdivision.  
     (b) Executive secretary, capital long range improvement 
committee. 
    Sec. 3.  Laws 1969, chapter 937, is amended by adding a 
section to read: 
    Sec. 2a.  [RIGHT TO RETAIN CERTAIN BENEFITS.] 
    Subdivision 1.  Notwithstanding any provision of the 
Minneapolis city charter, Veterans Preference Act, or civil 
service rule, law, or regulation to the contrary, any employee 
in the classified service of the city, holding or who shall 
hereinafter be appointed to an unclassified service position 
described in the city charter, but which is not listed in Laws 
1969, chapter 937, section 1, as amended, shall be deemed to be 
on leave of absence during his tenure in an appointive position, 
and upon the termination of his service shall be returned to his 
permanent civil service classification.  If no vacancy is 
available in his permanent civil service classified position, 
seniority shall prevail and the person most recently certified 
to the position shall be returned to the permanent civil service 
classification held by him prior to the certification.  
    Subd. 2.  Except for any incumbent holding a position under 
Laws 1969, chapter 937, section 1, subdivision 17, clause (a) 
who has not been formally appointed to that position, all 
classified employees described in Laws 1969, chapter 937, 
sections 1 and 2a, as amended shall continue to accrue seniority 
in their former position and as city employees while serving in 
their appointive position.  
    Subd. 3.  Elected officials shall have only the leave of 
absence benefits provided under state law.  
    Sec. 4.  Laws 1980, chapter 595, section 2, subdivision 1, 
as amended by Laws 1982, chapter 491, section 3, is amended to 
read: 
    Subdivision 1.  Notwithstanding any contrary provision of 
law or charter, the city council of the city of Minneapolis may, 
by ordinance: 
    (a) Establish an independent development and redevelopment 
agency, corporate and politic, which shall be a governmental 
subdivision of the state of Minnesota.  The agency shall be 
governed by a board of commissioners.  The city council, by 
ordinance, shall provide for the establishment of the board of 
commissioners, and shall state the number of commissioners, 
terms of office, the appointing authority of the commissioners, 
and other matters relating to the composition of the board and 
shall designate the name for the agency.  Notwithstanding any 
contrary provisions of the Minneapolis city charter, state 
statute, veterans preference act, or civil service rule, law, or 
regulation, all employees of the agency shall be selected and 
employed by the board of commissioners and shall not by virtue 
of employment by the agency be employees of the city of 
Minneapolis, and the terms and conditions of employment, 
including salary, shall be determined by the board of 
commissioners, subject only to limitations contained in this act.
Throughout this act the term "agency" means the agency 
established pursuant to this clause. 
    The passage of the first ordinance establishing an agency, 
the passage of any ordinance changing the number of 
commissioners, the term of office of the commissioners, or the 
appointing authority of the commissioners, shall require 
affirmative votes of nine members of the city council.  The vote 
of the city council adopting the ordinance shall be subject to 
mayoral veto and city council override of that veto. 
    (b) Establish a development and redevelopment department of 
the city.  Notwithstanding any contrary provision of the 
Minneapolis city charter, statute, veterans preference act, or 
civil service rule, law or regulation, the ordinance creating 
the department may provide for a director and three assistant 
directors, who shall be in the unclassified service of the city 
of Minneapolis, and may provide for the director to appoint not 
more than ten employees to perform managerial duties as defined 
by the director, who shall be in the unclassified service of the 
city.  The ordinance shall establish the appointing authority of 
the director and assistant directors, and the manner of 
appointment and term of office, if any, and shall provide for 
the terms and conditions of employment, including salary, 
subject only to the limitations contained within this act for 
all employees of the department, and shall designate the name 
for the department.  The director shall select and appoint all 
employees of the department.  Throughout this act the term 
"department" means the department established pursuant to this 
clause. 
    (c) Any time up to six months after the passage of the 
first ordinance implementing the provisions of this section, 
transfer any employee of the city of Minneapolis or the 
Minneapolis housing and redevelopment authority or the 
Minneapolis industrial development commission to the employment 
of the agency or the department or the Minneapolis housing and 
redevelopment authority or the Minneapolis industrial 
development commission.  An assistant city coordinator of the 
city of Minneapolis for economic development, and his 
administrative assistant, may be transferred to the Minneapolis 
housing and redevelopment authority at any time up to 18 months 
after passage of the first ordinance implementing the provisions 
of this section. 
    Any assistant city coordinator transferred to employment of 
the housing and redevelopment authority shall be entitled to 
purchase prior service credit from the Minneapolis employees 
retirement fund for actual service with the Minneapolis housing 
and redevelopment authority from May 4, 1964 to June 4, 1975 for 
which the assistant city coordinator has not previously received 
service credit from the Minneapolis employees retirement fund. 
The amount to be paid for the purchase of the prior service 
credit and the manner of payment shall be as provided in the 
first paragraph of Laws 1981, Chapter 297, Section 2, 
Subdivision 2 for persons authorized to purchase prior service 
credit by Laws 1981, Chapter 297, Section 2, Subdivision 1.  The 
authority to make a lump sum payment or to make an agreement to 
make installment payments shall expire on July 1, 1983.  
     An employee who is in the classified service of the city of 
Minneapolis whose position is being transferred pursuant to this 
clause, may elect to remain in the classified service and 
exercise the rights provided by the Minneapolis civil service 
commission to an employee as if the position held by the 
employee had been eliminated.  Any employee who is transferred 
from employment with one employer pursuant to this clause to 
another employer shall retain rights and benefits accumulated 
including seniority, accumulated vacation and sick leave, and 
length of service for the purposes of calculating benefits, 
layoffs, seniority rating for promotions and merit increases, 
emoluments or rewards.  Notwithstanding any contrary provisions 
of law or city charter, any employee of the Minneapolis 
industrial development commission who is not in the classified 
service of the city of Minneapolis, and any person employed as a 
director or deputy director of the Minneapolis housing and 
redevelopment agency shall either be transferred to employment 
of the agency or department, or the city of Minneapolis, or 
shall remain an employee of the commission or authority, as 
determined by the city council, and the city council may 
transfer the person into the classified service of the city of 
Minneapolis and into a position for which the person is 
qualified as determined by the city council. 
    Following implementation of this act, all existing 
employees of the Minneapolis housing and redevelopment authority 
except the director and deputy directors shall either be 
transferred to employment of the agency or department or shall 
continue to be employed by the Minneapolis housing and 
redevelopment authority or shall be transferred to employment of 
the city, as determined by the city council.  In the event of 
transfer of employment to the city of Minneapolis, the city 
council may transfer the person into the classified service into 
a position for which the employee is qualified.  In any event: 
    (a) the employee's salary shall not be diminished as a 
result of implementation of this act; 
    (b) the employee's job responsibilities shall not be 
substantially diminished as a result of implementation of this 
act; 
    (c) the employee shall not be required to change residence 
as a result of this legislation; and 
     (d) the employee shall have the right to apply and be 
considered for positions with the agency or department on an 
equal basis with the other employees of the agency or 
department.  Length of service with the Minneapolis housing 
redevelopment authority shall count on the same basis as length 
of service is counted for existing employees of the city of 
Minneapolis. 
    The director and deputy directors shall be considered 
employees for the purposes of clauses (c) and (d). 
    If a person employed as an employee of the agency or as a 
director or assistant director or as a managerial employee of 
the department or as an employee of the Minneapolis housing and 
redevelopment authority is, at the time of agency employment or 
department employment or Minneapolis housing and redevelopment 
authority employment, a member of the classified service of the 
city of Minneapolis, the employee shall be deemed to be on leave 
of absence during his tenure in the employment, and upon 
termination of service, shall be returned to his permanent civil 
service classification.  If no vacancy is available in his 
permanent civil service classification position, seniority shall 
prevail, and the person most recently certified to the position 
shall be returned to the permanent civil service classification 
held by him prior to certification. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
Minneapolis city council. 
    Approved June 1, 1983