Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 299--S.F.No. 415
An act relating to state government; providing for
salaries for constitutional officers, agency heads,
legislators, metropolitan agency heads, and certain
judicial positions; providing an expense allowance;
establishing a compensation council; limiting local
government salaries; prohibiting cash payments for
accumulated vacation pay; expanding the authority of
the commissioner of employee relations to set
salaries; requiring the governor to recommend certain
salaries; removing salary setting authority of certain
state agencies; removing additional compensation for
the career executive service; requiring the percentage
of women in the career executive service to be
increased; ratifying state and University of Minnesota
labor agreements, compensation plans, and plans for
early retirement incentives; appropriating money;
amending Minnesota Statutes 1982, sections 3.305;
3.855, subdivision 3; 3.922, subdivision 5; 15A.081,
subdivisions 1, 6, and 7, and by adding a subdivision;
15A.083, subdivisions 1, 2, and 4; 43A.17, subdivision
1, and by adding subdivisions; 43A.18, subdivisions 3,
4, and 5; 43A.21, by adding a subdivision; 105.71,
subdivision 2; 136.034; 136A.03; 179.741, subdivision
1, and by adding a subdivision; 244.09, subdivision 10;
256.482, subdivision 2; 298.22, subdivision 1;
326.241, subdivision 2; 352.03, subdivision 4; 354.06,
subdivision 2; 484.68, subdivision 6; and Laws 1980,
chapter 564, article XII, section 1, subdivision 3;
proposing new law coded in Minnesota Statutes, chapter
15A; repealing Minnesota Statutes 1982, sections
16A.16; and 136A.035.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 3.305, is
amended to read:
3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET REVIEW.]
The administrative budget request of any statutory
commission the majority of whose members are members of the
legislature shall be submitted to the legislative coordinating
commission for review and comment prior to submission to the
finance committee of the senate and the appropriations committee
of the house of representatives. No such commission shall
employ additional personnel or increase the compensation of any
employee without first having received the recommendation of the
legislative coordinating commission. The commission shall
establish the compensation of all employees of any statutory
commission, except classified employees of the legislative audit
commission, the majority of whose members are members of the
legislature.
Sec. 2. Minnesota Statutes 1982, section 3.855,
subdivision 3, is amended to read:
Subd. 3. [OTHER DUTIES.] In addition to the duties
specified in subdivision 2, the commission shall perform the
following:
(a) review and approve, reject, or modify a plan for
compensation, terms and conditions of employment prepared and
submitted by the commissioner of employee relations pursuant to
section 43A.18, subdivision 2 covering all state employees who
are not represented by an exclusive bargaining representative
and whose compensation is not provided for by chapter 43A or
other law;
(b) review and approve, reject or modify a plan for total
compensation and terms and conditions of employment for
employees of those positions identified as being managerial
pursuant to section 43A.18, subdivision 3, whose salaries and
benefits are not otherwise provided for in law or other plans
established under chapter 43A.;
(c) review and approve, reject or modify recommendations
for salaries submitted by the governor pursuant to section
43A.18, subdivision 5, covering agency head positions listed in
section 15A.081;
(c) (d) continually monitor the state's civil service
system as provided for in chapter 43A, rules of the commissioner
of employee relations and the collective bargaining process as
provided for in sections 179.61 to 179.76, as applied to state
employees;
(d) (e) research and analyze the need for improvements in
those statutory sections;
(e) (f) adopt rules not inconsistent with this section
relating to the scheduling and conduct of commission business
and other organizational and procedural matters;
(f) Research and analyze insurance programs currently
available to teachers and other public school employees in
Minnesota and report to the legislature by December 1, 1982. The
report shall include a summary of insurance benefit levels and
costs, including health, dental, life and disability insurance;
differences in the cost of providing like benefits in different
regions of the state and in school districts of different sizes;
and recommendations on the feasibility of providing a uniform
coverage insurance program to all school districts in Minnesota;
and
(g) perform such other related functions as are delegated
to it by the legislature.
Sec. 3. Minnesota Statutes 1982, section 3.922,
subdivision 5, is amended to read:
Subd. 5. [OFFICERS, PERSONNEL.] The board shall annually
elect a chairman and such other officers as it may deem
necessary. The chairman shall have the authority to appoint
subcommittees necessary to fulfill the duties of the board. It
shall also employ, and prescribe the duties of such clerks,
employees, and agents as it deems necessary. The compensation
of the executive director of the board shall be as provided by
section 43A.18. The chairman shall be an ex officio member of
the state board of human rights. The appropriations and other
funds of this board are subject to the provisions of chapter 16.
The board shall maintain its primary office in Bemidji and shall
also maintain personnel and office space in St. Paul.
Sec. 4. Minnesota Statutes 1982, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. The following salaries or salary ranges are
provided for the below listed employees in the executive branch
of government governor shall set the salary rate within the
ranges listed below for positions specified in this subdivision,
upon approval of the legislative commission on employee
relations and the legislature as provided by section 43A.18,
subdivisions 2 and 5:
Salary or Range
Effective Effective Effective
July 1, July 1, July 1,
1979 1980 1981
Administration,
department of
commissioner $44,000 $47,000
Administrative hearings
office
chief hearing
examiner 38,000 40,000
Agriculture,
department of
commissioner 38,000 40,000
Commerce,
department of
commissioner of
banks 34,000 36,500
commissioner of
insurance 34,000 36,500
commissioner of
securities and real estate 34,000 36,500
director of
consumer services 28,000 30,000
Community college
system
chancellor 44,000 46,000
Corrections,
department of
commissioner 42,000 45,000
ombudsman 33,000 35,000
Economic security,
department of
commissioner 43,000 45,000
Education,
department of
commissioner 43,000 45,000
Energy, planning and
development
department of
commissioner 46,000
Finance, department of
commissioner 48,000 50,000
Health, department of
commissioner 47,000 49,000
Higher education
coordinating board
executive director 40,000 42,000
Housing finance agency
executive director 39,000 41,000
Human rights,
department of
commissioner 31,000 33,000
Indian affairs board
executive director 27,000 29,000
Iron range resources
and rehabilitation
board
commissioner 30,000 31,000
Labor and industry,
department of
commissioner 38,000 40,000
judge of the
workers'
compensation
court of appeals 38,000 40,000
Mediation services,
bureau of
director 36,000 38,000
Natural resources,
department of
commissioner 44,000 47,000
Personnel,
department of
commissioner 44,000 47,000
Pollution control
agency
director 38,000 40,000
Public safety,
department of
commissioner 38,000 41,000
Public service,
department of
commissioner,
public utilities
commission 34,000 36,000
director 34,000 36,000
Public welfare,
department of
commissioner 44,000 48,000
Revenue,
department of
commissioner 44,000 47,000
State university
system
chancellor 44,000 46,000
Transportation,
department of
commissioner 44,000 48,000
Transportation,
regulation board,
board member 32,000
Veterans affairs,
department of
commissioner 31,000 33,000
Salary Range
Effective
July 1, 1983
Commissioner of education; $57,500-$70,000
Commissioner of finance;
Commissioner of transportation;
Commissioner of public welfare;
Chancellor, community college system;
Chancellor, state university system;
Director, vocational technical
education
Executive director, state board of
investment;
Commissioner of administration; $50,000-$60,000
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of economic security;
Commissioner of employee relations;
Commissioner of energy and economic
development;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of revenue;
Commissioner of public safety;
Chief hearing examiner; office of
administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, higher education
coordinating board;
Executive director, housing finance
agency;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Commissioner of human rights; $40,000-$52,500
Director, department of public service;
Commissioner of veterans' affairs;
Executive director, educational
computing consortium;
Executive director, environmental
quality board;
Director, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Chairperson, waste management board;
Director, zoological gardens.
Sec. 5. Minnesota Statutes 1982, section 15A.081,
subdivision 6, is amended to read:
Subd. 6. The following salaries are provided for the
constitutional officers of the state:
Effective Effective Effective
July 1, July 1, July 1
1979 1980 1983
Governor $62,000 $66,500 $75,000
Attorney general 52,500 56,000 62,500
Lieutenant governor 38,000 40,000 44,000
Auditor 34,000 36,000 48,000
Secretary of state 34,000 36,000 44,000
Treasurer 34,000 36,000 44,000
The salaries of the chief deputy attorney general, deputy
auditor, deputy secretary of state and deputy treasurer shall be
set by their superior constitutional officer and may be up to 95
percent of the salaries of their respective superior
constitutional officers.
Sec. 6. Minnesota Statutes 1982, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. The following salaries are provided for officers
of metropolitan agencies:
Effective Effective
July 1, July 1,
1979 1980
Chairman, metropolitan
council
(part-time) $21,000 $22,500
(full-time) 42,000 44,500
Chairman, metropolitan
airports commission 10,500 11,500
Chairman, metropolitan
transit commission
(part-time) 18,000 19,000
(full-time) 36,000 38,000
Chairman, metropolitan
waste control
commission 16,000 17,000
Effective Effective
July 1 July 1
1983 1984
Chairman, metropolitan
council $47,000 50,000
Chairman, metropolitan
airports commission 14,000 16,000
Chairman, metropolitan
transit commission 42,000 46,000
Chairman, metropolitan
waste contol
commission 18,500 20,000
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 7. Minnesota Statutes 1982, section 15A.081, is
amended by adding a subdivision to read:
Subd. 8. [EXPENSE ALLOWANCE.] Notwithstanding any law to
the contrary, positions listed in subdivision 1, constitutional
officers, the president of each community college, and the
director of vocational-technical education are authorized an
annual expense allowance not to exceed $1,500 for necessary
expenses in the normal performance of their duties for which no
other reimbursement is provided. However, expense allowances
for the chancellor of the state university system and the
president of each state university shall be governed only by
section 136.063. The expenditures under this subdivision are
subject to any laws and rules relating to budgeting, allotment
and encumbrance, preaudit and post-audit. The commissioner of
finance may promulgate rules to assure the proper expenditure of
these funds, and to provide for reimbursement.
Sec. 8. [15A.082] [COMPENSATION COUNCIL.]
Subdivision 1. [CREATION.] A compensation council is
created to assist the legislature in establishing the
compensation of constitutional officers, members of the
Minnesota legislature, justices of the supreme court, and judges
of the court of appeals, district court, county court, and
county municipal court.
Subd. 2. [MEMBERSHIP.] The compensation council consists
of 16 members: two members of the house of representatives
appointed by the speaker of the house of representatives; two
members of the senate appointed by the majority leader of the
senate; one member of the house of representatives appointed by
the minority leader of the house of representatives; one member
of the senate appointed by the minority leader of the senate;
two nonjudges appointed by and serving at the pleasure of the
chief justice of the supreme court; and one member from each
congressional district appointed by and serving at the pleasure
of the governor, of whom no more than four may belong to the
same political party. The compensation and removal of members
appointed by the governor or the chief justice shall be as
provided in section 15.059, subdivisions 3 and 4. The
legislative coordinating commission shall provide the council
with administrative and support services.
Subd. 3. [SUBMISSION OF PLAN.] By January 1, 1984, the
compensation council shall submit to the speaker of the house of
representatives and the president of the senate recommended
salary plans for constitutional officers, legislators, justices
of the supreme court, and judges of the court of appeals,
district court, county court, and county municipal court. Unless
the plans for constitutional officers and legislators are
expressly modified or rejected in a bill passed by the
legislature and signed by the governor, the salary plans shall
take effect on January 1, 1985 if prior to that date an
appropriation of funds to pay salaries as recommended in the
plan is enacted. Unless the plan for judges is expressly
modified or rejected in a bill passed by the legislature, the
plan shall take effect on July 1, 1984, if the legislature
appropriates funds to pay the salaries proposed in the plan. The
salary plan for legislators shall be subject to additional terms
that may be adopted according to section 3.099, subdivisions 1
and 3.
Subd. 4. [CRITERIA.] In making compensation
recommendations, the council shall consider the amount of
compensation paid in government service and the private sector
to persons with similar qualifications, the amount of
compensation needed to attract and retain experienced and
competent persons, and the ability of the state to pay the
recommended compensation. In making recommendations for
legislative compensation, the council shall also consider the
average length of a legislative session, the amount of work
required of legislators during interim periods, and
opportunities to earn income from other sources without
neglecting legislative duties.
Subd. 5. [CONFLICTS.] Salaries established by the
legislature under the procedures specified in subdivision 3
shall take precedence over salaries listed in Minnesota
Statutes, sections 3.099, 15A.081, and 15A.083 in the event of
conflict.
Subd. 6. [EXPIRATION.] The compensation council shall
expire on June 30, 1984.
Sec. 9. Minnesota Statutes 1982, section 15A.083,
subdivision 1, is amended to read:
Subdivision 1. [ELECTIVE JUDICIAL OFFICERS.] The following
salaries shall be paid annually to the enumerated elective
judicial officers of the state:
Effective Effective Effective
July 1, July 1, July 1,
1979 1980 1984
1983
(1) Chief justice of the
supreme court $56,000 $59,000
$70,000
(2) Associate justice of
the supreme court 52,500 56,000
65,000
(3) Chief judge of the
court of appeals 62,500
(4) Judge of the
court of appeals 60,000
(3) (5) District judge,
judge of county court
(learned in the law),
probate court, and
county municipal court 45,000 48,000
55,000
(4) Judge of a county court
(not learned in the
law) 29,500 31,500
Sec. 10. Minnesota Statutes 1982, section 15A.083,
subdivision 2, is amended to read:
Subd. 2. [COUNTY COURT AND COUNTY MUNICIPAL JUDGES.] (1)
Notwithstanding any other law to the contrary, the salary paid
to a judge of a county court shall also be paid to judges of the
probate court of St. Louis county and to judges of the Duluth
municipal court.
(2) Judges of the county municipal courts, and county
courts in the counties of Hennepin, Ramsey, Washington, Anoka,
Scott, St. Louis, Carver and Dakota shall receive a salary of
$45,000, effective July 1, 1979, and $48,000, effective July 1,
1980.
(3) If any judge enumerated in this subdivision of the
county municipal courts, and county courts in the counties of
Hennepin, Ramsey, Washington, Anoka, Scott, St. Louis, Carver,
and Dakota or the county or probate court in St. Louis county
dies while in office, the amount of his salary remaining unpaid
for the month in which his death occurs, shall be paid to his
estate.
Sec. 11. Minnesota Statutes 1982, section 15A.083,
subdivision 4, is amended to read:
Subd. 4. [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries
or salary ranges are provided for the following positions in the
judicial branch of government. The appointing authority of any
position for which a salary range has been provided shall fix
the individual salary within the prescribed range, considering
the qualifications and overall performance of the employee.
Appointments to fill vacancies shall not be made above the
midpoint of the salary range prescribed for the position unless
the state court administrator has been consulted in advance and
his approval obtained. Any salary increase that would adjust an
employee's rate of pay beyond the midpoint of the range
prescribed for the position must be approved in advance by the
state court administrator. The salaries of the district
administrators of the second, fourth, and sixth judicial
districts may be supplemented by the appropriate county board in
an amount not to exceed $10,000 per year. The salary of the
state public defender shall be 95 percent of the salary of the
attorney general.
Salary or Range
Effective Effective Effective
July 1, July 1, July 1,
1979 1980 1983
Public defender $37,500 $40,000
District court
administrator 27,000-37,500 28,500-40,000
36,000-48,000
County attorneys
council
executive
director 22,000-32,000 23,500-34,000
Board on judicial
standards
executive director 36,000 38,000
32,000-44,000
State court
administrator 44,500 47,000
45,500-54,000
Sec. 12. Minnesota Statutes 1982, section 43A.17,
subdivision 1, is amended to read:
Subdivision 1. [SALARY LIMITS.] As used in this section,
"salary" means hourly, monthly, or annual rate of pay including
any lump-sum payments and cost-of-living adjustment increases
but excluding payments due to overtime worked, shift or
equipment differentials, work out of class as required by
collective bargaining agreements or plans established pursuant
to section 43A.18, and back pay on reallocation or other
payments related to the hours or conditions under which work is
performed rather than to the salary range or rate to which a
class is assigned.
The salary, as established in section 15A.081, of the head
of a state agency in the executive branch is the upper limit of
compensation in the agency. The salary of the commissioner of
labor and industry is the upper limit of compensation of
employees in the bureau of mediation services. However, if an
agency head is assigned a salary that is lower than the current
salary of another agency employee, the employee shall retain the
salary, but shall not receive any increase in salary as long as
the salary is above that of the agency head. The commissioner
may grant exemptions from these upper limits as provided in
subdivisions 3 and 4.
Sec. 13. Minnesota Statutes 1982, section 43A.17, is
amended by adding a subdivision to read:
Subd. 8. [ACCUMULATED VACATION LEAVE.] The commissioner of
employee relations shall not agree to a collective bargaining
agreement or recommend a compensation plan pursuant to section
43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator
issue an award under sections 179.61 to 179.76, if the
compensation plan, agreement, or award permits an employee to
convert accumulated vacation leave into cash or deferred
compensation before separation from state service.
Sec. 14. Minnesota Statutes 1982, section 43A.17, is
amended by adding a subdivision to read:
Subd. 9. [POLITICAL SUBDIVISION SALARY LIMIT.] The salary
of a person employed by a statutory or home rule charter city,
county, town, school district, metropolitan or regional agency,
or other political subdivision of this state, or employed
pursuant to section 422A.03, may not exceed 95 percent of the
salary of the governor, except as provided in this subdivision.
The salary of a medical doctor occupying a position that the
governing body of the political subdivision has determined
requires an M.D. degree is excluded from the limitation in this
subdivision. The commissioner may increase the limitation in
this subdivision for a position that the commissioner has
determined requires special expertise necessitating a higher
salary to attract or retain a qualified person. The
commissioner shall review each proposed increase giving due
consideration to salary rates paid to other persons with similar
responsibilities in the state. The commissioner may not
increase the limitation until the commissioner has presented the
proposed increase to the legislative commission on employee
relations and received the commission's recommendation on it.
The recommendation is advisory only.
Sec. 15. Minnesota Statutes 1982, section 43A.18,
subdivision 3, is amended to read:
Subd. 3. [MANAGERIAL PLAN.] The commissioner shall
identify individual positions or groups of positions in the
classified and unclassified service, except those listed in
subdivision 4, in the executive branch as being managerial. The
list shall not include positions listed in subdivision 4. The
commissioner shall annually submit the listing of positions to
the chairperson of the legislative commission on employee
relations for the commission's review and comment, and shall
note on each listing the changes from the prior year.
(a) The commissioner shall periodically prepare a plan for
training and development, mobility, total compensation and terms
and conditions of employment for employees of those positions
identified as being managerial and whose salaries and benefits
are not otherwise provided for in law or other plans established
under chapter 43A. The plan shall include a career executive
service to provide a system for identifying, developing and
recognizing key individuals who occupy managerial positions in
the classified service. Before becoming effective those
portions of the plan establishing compensation and terms and
conditions of employment shall be reviewed and approved or
modified by the legislative commission on employee relations and
the legislature in the same manner as provided for the
commissioner's plan in subdivision 2.
(b) Incumbents of managerial positions as identified under
this subdivision shall be excluded from any bargaining units
under the provisions of chapter 179.
(c) The management compensation plan shall provide methods
and levels of compensation for managers that will be generally
comparable to those applicable to managers in other public and
private employment. Provisions of the plan shall ensure that
compensation within assigned salary ranges is related to level
of performance. The plan shall also provide a procedure for
establishment of a salary rate for a newly created position and
a new appointee to an existing position and for progression
through assigned salary ranges. The employee benefits
established under the provisions of the managerial plan may be
extended to agency heads whose salaries are established in
section 15A.081, subdivision 1, and to constitutional officers,
judges of the workers' compensation court of appeals, and tax
court judges.
(d) The management plan shall include total compensation
for individuals appointed to the career executive service.
Salaries established under this plan shall be limited to 120
percent of the maximum of the salary range for the employee's
job classification in the classified service.
(e) No rights or tenure shall attach to a career executive
service assignment. An incumbent in the career executive
service may be removed from the career executive service by the
appointing authority, provided the action is made without regard
to sex, race, religion, color, creed, marital status, age,
national origin, disability, status with regard to public
assistance or political affiliation. An employee removed from
the career executive service shall receive compensation at the
level formerly received plus any increases the employee would
have received had the employee not been appointed to the career
executive service.
An employee who is in the career executive service on July
1, 1981 and whose position, as a result of Laws 1981, Chapter
210, is no longer eligible for inclusion in the career executive
service is nonetheless eligible to remain a member of the career
executive service in accordance with the provisions of this
section so long as the employee remains in that position.
Sec. 16. Minnesota Statutes 1982, section 43A.18,
subdivision 4, is amended to read:
Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY
COMMISSIONER.] Notwithstanding any other law to the contrary,
total compensation for employees listed in this subdivision
shall be set by appointing authorities subject to the following
limitations:
(a) Total compensation paid pursuant to this subdivision
shall be within the limits of compensation plans which shall
that have been approved by the commissioner before becoming
effective;.
(b) (a) Total compensation for employees who are not
covered by a collective bargaining agreement in the offices of
the governor, attorney general, secretary of state, state
auditor and state treasurer shall be determined by the governor,
attorney general, secretary of state, state auditor and state
treasurer, respectively;.
(c) Total compensation for unclassified employees of the
state board of investment shall be determined by the state board
of investment;
(d) (b) Total compensation for unclassified positions
pursuant to section 43A.08, subdivision 1, clause (h) and in the
higher education coordinating board shall be determined by the
state university board, the state board for community colleges,
and the higher education coordinating board, respectively; and.
(e) (c) Total compensation for classified hearing examiners
in the office of administrative hearings shall be determined by
the chief hearing examiner.
Sec. 17. Minnesota Statutes 1982, section 43A.18,
subdivision 5, is amended to read:
Subd. 5. [GOVERNOR TO SET RECOMMEND CERTAIN SALARIES.] The
governor shall, on or before January 31 July 1 of each odd
numbered year, submit to the legislative commission on employee
relations recommendations for salaries within the salary range
for the positions listed in sections section 15A.081,
subdivision 1 and 15A.083. The governor may also propose
additions or deletions of positions from those listed.
(a) Before submitting the recommendations, the governor
shall consult with the commissioner of administration, the
commissioner of finance, and the commissioner of employee
relations concerning the recommendations. Before submitting
recommendations for an employee in the office of a
constitutional officer, the governor shall consult with the
constitutional officer concerning the recommendations and shall
give due consideration to the advice of the officer;
(b) Except for positions for which salary ranges have been
established, the recommendations shall contain a specific salary
for each position listed in sections 15A.081 and 15A.083. The
governor shall determine only a fixed salary for the positions
of the constitutional officers, the judges of the workers'
compensation court of appeals and the commissioner of public
service;
(c) (b) In making recommendations, the governor shall
consider only those criteria established in subdivision 7 8 and
shall not take into account performance of individual
incumbents. The governor shall establish an objective system
for quantifying knowledge, abilities, duties, responsibilities
and accountabilities and in determining recommendations rate
each position by this system; and.
(c) Before the governor's recommended salaries take effect,
the recommendations shall be reviewed and approved, rejected or
modified by the legislative commission on employee relations and
the legislature in the same manner as provided for the
commissioner's plan in subdivision 2. The governor may also at
any time propose changes in the salary rate of any positions
covered by this subdivision, which shall be submitted and
approved in the same manner as provided in this subdivision.
(d) The initial salary of a head of an agency hereafter
established whose salary is not specifically prescribed by law
shall be fixed by the governor, after consultation with the
commissioner, whose recommendation shall be advisory only, in an
amount comparable to the salary of an agency head having similar
duties and responsibilities.
Sec. 18. Minnesota Statutes 1982, section 43A.21, is
amended by adding a subdivision to read:
Subd. 5. [CAREER EXECUTIVE SERVICE.] (a) The commissioner
shall designate persons in the classified service as eligible
for inclusion in the career executive service. By January 1,
1985, at least 20 percent of the persons designated for
inclusion in the career executive service must be women. By
January 1, 1987, at least 40 percent of the persons designated
for inclusion in the career executive service must be women. The
positions shall include those that carry basic responsibilities
for high level professional or scientific competence, policy
determination, leadership, or the internal management and
administration of a department or other major unit.
(b) The commissioner shall prepare a plan for training,
development, and mobility of career executive service members
consistent with applicable provisions of collective bargaining
agreements. The plan need not be adopted in accordance with the
rulemaking provisions of chapter 14. The career executive
service plan shall not contain additional compensation for
members.
(c) No rights or tenure attach to a career executive
service assignment. An incumbent in the career executive
service may be removed from the service by the appointing
authority, provided the action is made without regard to sex,
race, religion, color, creed, marital status, age, national
origin, disability, or political affiliation.
(d) An employee in career executive service on July 1,
1983, who is receiving compensation at a level beyond the
maximum of the assigned salary range shall continue to receive
that rate of pay until the rate is within the assigned salary
range.
Sec. 19. Minnesota Statutes 1982, section 105.71,
subdivision 2, is amended to read:
Subd. 2. The state board may employ such technical and
professional personnel and such other agents and employees,
permanent or temporary, as it may require, and shall determine
their qualifications, and duties, and. Compensation of
employees shall be determined pursuant to chapter 43A. It shall
have authority to prescribe the powers and duties of its
officers and employees.
Upon request of the board for the purpose of carrying out
any of its functions, the supervising officer of any state
agency, or any state institution of learning, shall, insofar as
it may be possible under available appropriations, and having
due regard to the needs of the agency to which the request is
directed, assign or detail to the state board from the staff or
personnel of the agency or institution of learning, and make
such special reports, surveys or studies as the state board may
request.
Sec. 20. Minnesota Statutes 1982, section 136.034, is
amended to read:
136.034 [STATE UNIVERSITY SYSTEM; EXECUTIVE SALARIES.]
Notwithstanding the provisions of chapters 15A and 43
chapter 43A, the state university board may establish executive
salaries within the state university system, except for the
salary of the chancellor, in accordance with a management
compensation plan based on the level of responsibility and
authority of various positions as well as appropriate market
comparisons with similar positions in comparable public colleges
and universities in the midwest.
The salary of the chancellor, which shall be established
pursuant to section 15A.081, subdivision 1, is the upper limit
of compensation for all other positions in the state university
system.
The state university board shall survey compensation levels
in comparable public colleges and universities in the midwest
during the 1979-81 biennium and report necessary adjustments in
the above level of compensation to the governor and legislature
as part of its 1981-83 biennial budget request.
Sec. 21. Minnesota Statutes 1982, section 136A.03, is
amended to read:
136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.]
The higher education coordinating board may appoint an
executive secretary or director as its principal executive
officer, and such other officers and employees as it may deem
necessary to carry out its duties. The executive secretary or
director shall possess such powers and perform such duties as
are delegated to him and shall serve in the unclassified service
of the state civil service. The salary of the executive
director shall be established pursuant to section 15A.081,
subdivision 1. He shall be a person qualified by training and
ability in the field of higher education or in educational
administration. The board may also appoint other officers and
professional employees who shall serve in the unclassified
service of the state civil service and fix the salaries thereof
which shall be commensurate with salaries in the classified
service, and shall also fix the salary of its principal
executive officer. All other employees shall be in the
classified civil service.
An officer or professional employee in the unclassified
service as provided in this section is a person who has studied
higher education or a related field at the graduate level or has
similar experience and who is qualified for a career in some
aspect of higher education and for activities in keeping with
the planning and administrative responsibilities of the board
and who is appointed to assume responsibility for administration
of educational programs or research in matters of higher
education.
Sec. 22. Minnesota Statutes 1982, section 179.741,
subdivision 1, is amended to read:
Subdivision 1. [STATE EMPLOYEES.] Subject to the
provisions of section 179.742, subdivision 5, all appropriate
units of state employees certified as of April 25, 1980 are
abolished. The following shall be the appropriate units of
executive branch state employees for the purposes of sections
179.61 to 179.76. All units shall exclude employees excluded by
section 179.74, subdivision 4 and supervisory employees shall
only be assigned to units 12 and 16. Unclassified employees,
unless otherwise excluded, are included within the units which
include the classifications to which they are assigned for
purposes of compensation. No additional units of executive
branch state employees shall be recognized for the purpose of
meeting and negotiating.
(1) Law enforcement unit. This unit shall consist of all
sworn state patrol personnel, all uniformed conservation
officers, and all criminal apprehension agents.
(2) Craft, maintenance, and labor unit. This unit shall
consist of those classifications assigned to this unit in the
unit composition schedule adopted by the legislative commission
on employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(3) Service unit. This unit shall consist of those
classifications assigned to this unit in the unit composition
schedule adopted by the legislative commission on employee
relations on March 24, 1980, as amended through June 16, 1981
May 4, 1982.
(4) Health care nonprofessional unit. This unit shall
consist of those classifications assigned to this unit in the
unit composition schedule adopted by the legislative commission
on employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(5) Health care professional unit. This unit shall consist
of all positions which are required to be filled by registered
nurses.
(6) Clerical and office unit. This unit shall consist of
those classifications assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(7) Technical unit. This unit shall consist of those
classifications assigned to this unit in the unit composition
schedule adopted by the legislative commission on employee
relations on March 24, 1980, as amended through June 16, 1981
May 4, 1982.
(8) Correctional Guards unit. This unit shall consist of
those classifications assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(9) State university instructional unit. This unit shall
consist of those positions assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(10) Community college instructional unit. This unit shall
consist of those positions assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(11) State university administrative unit. This unit shall
consist of those positions assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(12) Professional engineering supervisory unit. This unit
shall consist of those classifications assigned to this unit in
the unit composition schedule adopted by the legislative
commission on employee relations on March 24, 1980, as amended
through June 16, 1981 May 4, 1982.
(13) Health treatment unit. This unit shall consist of
those classifications assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(14) General professional unit. This unit shall consist of
those classifications assigned to this unit in the unit
composition schedule adopted by the legislative commission on
employee relations on March 24, 1980, as amended through June
16, 1981 May 4, 1982.
(15) Professional state residential instructional unit.
This unit shall consist of those classifications assigned to
this unit in the unit composition schedule adopted by the
legislative commission on employee relations on March 24, 1980,
as amended through June 16, 1981 May 4, 1982.
(16) Supervisory employees unit. This unit shall consist
of those positions assigned to this unit in the unit composition
schedule adopted by the legislative commission on employee
relations on March 24, 1980, as amended through June 16, 1981
May 4, 1982.
Sec. 23. Minnesota Statutes 1982, section 179.741, is
amended by adding a subdivision to read:
Subd. 1a. [UNIT 12 EMPLOYEES.] Notwithstanding the changes
made in the composition of unit 12 by this act, employees in
unit 12 shall continue to be treated as supervisory employees
for purposes of the right to strike and for purposes of interest
arbitration.
Sec. 24. Minnesota Statutes 1982, section 244.09,
subdivision 10, is amended to read:
Subd. 10. The commission may select and employ a research
director who shall perform the duties the commission directs,
including the hiring of any clerical help and other employees as
the commission shall approve. The research director and other
staff shall be in the unclassified service of the state and
their salary compensation shall be established by the commission
pursuant to chapter 43A. They shall be reimbursed for the
expenses necessarily incurred in the performance of their
official duties in the same manner as other state employees.
Sec. 25. Minnesota Statutes 1982, section 256.482,
subdivision 2, is amended to read:
Subd. 2. [EXECUTIVE DIRECTOR; STAFF.] The council may
select an executive director of the council by a vote of a
majority of all council members. The executive director shall
be in the unclassified service of the state and shall act as
secretary to the council and shall perform such other duties as
the council may require of him. The council shall approve
employment of such clerical help and other employees as are
necessary, upon the recommendation of the executive director.
Salaries The salary for the executive director and staff shall
be established in the manner prescribed by chapter 15A, and
pursuant to chapter 43A. The executive director shall be
reimbursed for all actual and necessary expenses incurred as a
result of his council responsibilities.
Sec. 26. Minnesota Statutes 1982, section 298.22,
subdivision 1, is amended to read:
Subdivision 1. (1) The office of commissioner of iron
range resources and rehabilitation is created. The commissioner
shall be appointed by the governor under the provisions of
section 15.06.
(2) The commissioner may hold such other positions or
appointments as are not incompatible with his duties as
commissioner of iron range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of
the commissioner, including the payment of such assistance as
may be necessary, shall be paid out of the amounts appropriated
by section 298.28, subdivision 1. The compensation of the
commissioner shall be set by the legislative coordinating
commission.
(3) When the commissioner shall determine that distress and
unemployment exists or may exist in the future in any county by
reason of the removal of natural resources or a possibly limited
use thereof in the future and the decrease in employment
resulting therefrom, now or hereafter, he may use such amounts
of the appropriation made to him in section 298.28, subdivision
1 as he may determine to be necessary and proper in the
development of the remaining resources of said county and in the
vocational training and rehabilitation of its residents. For
the purposes of this section, "development of remaining
resources" includes, but is not limited to, the promotion of
tourism.
Sec. 27. Minnesota Statutes 1982, section 326.241,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] The board shall have power to:
(1) Elect its own officers;
(2) Engage and fix the compensation of such officers,
inspectors, and hire employees as it may see fit. The salary of
the executive secretary shall be established pursuant to chapter
43A. All agents and employees other than contract inspectors
shall be in the classified service and shall be compensated
pursuant to chapter 43A. All inspectors shall hold licenses as
master or journeyman electricians under section 326.242,
subdivision 1(1) or subdivision 2(1), and shall give bond in an
amount fixed by the board, conditioned upon the faithful
performance of their duties.
(3) To pay such other expenses as it may deem necessary in
the performance of its duties, including rent, supplies, and
such like.
(4) To enforce the provisions of Laws 1967, chapter 602,
and provide, upon request, such additional voluntary inspections
and reviews as it may deem appropriate.
(5) To issue, renew, refuse to renew, suspend and revoke
licenses provided for in Laws 1967, chapter 602.
(6) To adopt reasonable rules to carry out its duties under
Laws 1967, chapter 602 and to provide for the amount and
collection of fees for inspection and other services. All rules
shall be adopted in accordance with chapter 14.
Sec. 28. Minnesota Statutes 1982, section 352.03,
subdivision 4, is amended to read:
Subd. 4. [DUTIES AND POWERS OF BOARD OF DIRECTORS.] It is
the duty of the board and it has power to:
(1) Elect a chairman;
(2) Appoint an executive director;
(3) Fix the compensation of the executive director and the
assistant executive director;
(4) (3) Establish rules and regulations for the
administration of the provisions of chapters 3A, 352, 352B,
352C, 352D and 490 and transaction of the business of the
system, all subject to the limitations of said chapter and the
law;
(5) (4) Consider and dispose of, or take such other action
as the board of directors deems appropriate concerning denials
of applications for annuities or disability benefits under this
chapter, and complaints of employees and others pertaining to
the retirement of employees and the operation of the system;
(6) (5) Advise the director on any matters relating to the
system and the carrying out of the functions and purposes of
said chapter, which advice shall be controlling; and
The director and assistant director shall be in the
unclassified service but appointees may be selected from civil
service lists if it is desired to do so. The salary of the
executive director shall be as provided by section 15A.081,
subdivision 1. The salary of the assistant director shall be
set in accordance with section 43A.18, subdivision 3.
Sec. 29. Minnesota Statutes 1982, section 354.06,
subdivision 2, is amended to read:
Subd. 2. The board shall annually elect one of its members
as president. It shall elect an executive director, and fix his
salary and the whose salary shall be as provided by section
15A.081, subdivision 1. The salary of the assistant executive
director who shall be in the unclassified service, shall be set
in accordance with section 43A.18, subdivision 3. The executive
director shall serve during the pleasure of the board and be the
executive officer of the board, with such duties as the board
shall prescribe. The board shall employ all other clerks and
employees necessary to properly administer the fund. The cost
and expense of administering the provisions of this chapter
shall be paid by the fund. The executive director shall be
appointed by the board on the basis of fitness, experience in
the retirement field and leadership ability. The executive
director shall have had at least five years of experience on the
administrative staff of a major retirement system.
Sec. 30. Minnesota Statutes 1982, section 484.68,
subdivision 6, is amended to read:
Subd. 6. [SALARY.] The salary of the district
administrator shall be set by the state court administrator
within the limits provided in section 15A.083, and shall be paid
by the state. The salaries of the district administrators of
the second and fourth judicial districts may be supplemented by
the appropriate county board by an amount not to exceed $10,000
per year. If an administrator dies, the amount of his salary
remaining unpaid for the month in which his death occurs shall
be paid to his estate.
Sec. 31. Laws of Minnesota 1980, chapter 564, article XII,
section 1, subdivision 3, is amended to read:
Subd. 3. [WASTE MANAGEMENT BOARD.] 15,718,000
This appropriation is available for the
following purposes:
(a) General Operations and Management. 718,000
Approved Complement - 14. These positions
are in the unclassified service and their
continuation is dependent upon the
availability of money from appropriations
in this subdivision. When these
appropriations have been expended the
positions shall be cancelled and the
approved complement reduced accordingly.
The annual salary of the full-time chairperson
of the board shall be $45,000 established
pursuant to section 15A.081, subdivision 1.
(b) Acquisition of Sites and Buffer Areas
for Hazardous Waste Facilities. 6,200,000
This appropriation is from the state
waste management fund, to be spent
pursuant to article II, section 3,
subdivision 4. Up to $1,200,000 is
available for expenditure before June
30, 1981, for costs of staff and
independent professional services
needed for the selection and
acquisition of sites.
(c) Waste Processing Facility
Demonstration Program. 8,800,000
This appropriation is from the state
waste management fund, to be spent
pursuant to article VI, sections 4 and
6. Up to five percent is available for
administration and technical and
professional services.
Sec. 32. [135A.07] [Subd. 2.] [EDUCATION SALARIES.]
Notwithstanding Laws 1981, chapter 359, sections 4 and 5,
any law enacted in the 1983 legislative session, or any other
law to the contrary, the salaries of the chancellor of the state
university system, the chancellor of the community college
system, the director of vocational-technical education, and the
executive director of the Minnesota educational computing
consortium shall be established pursuant to section 15A.081,
subdivision 1.
Sec. 33. [AMENDED UNIT COMPOSITION SCHEDULE.]
The unit composition schedule for state employees adopted
by the legislative commission on employee relations on March 24,
1980, as amended through the effective date of this section, is
amended by striking the job classifications entitled "police
training course supervisor" and "police training instructor"
from unit (14) and inserting those job classifications into unit
(1).
Sec. 34. [STATE EMPLOYEE RATIFICATION.]
Subdivision 1. [NEGOTIATED SUPPLEMENTAL AGREEMENTS.] The
supplemental agreements negotiated between the state and the
exclusive representatives of state bargaining units 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 12, 14, and 16, providing for early
retirement incentives, which were given interim approval by the
legislative commission on employee relations after adjournment
of the 1982 legislature, are ratified.
Subd. 2. [COMMISSIONER'S PLAN.] The terms of the
commissioner of employee relations' plan for unrepresented state
employees, as amended and given interim approval by the
legislative commission on employee relations after adjournment
of the 1982 legislature, are ratified.
Sec. 35. [UNIVERSITY RATIFICATION.]
Subdivision 1. [EARLY RETIREMENT.] The supplemental labor
agreements and other compensation plans approved by the board of
regents, providing early retirement incentives for University of
Minnesota employees, as approved by the legislative commission
on employee relations after adjournment of the 1982 legislature,
are ratified.
Subd. 2. [UNREPRESENTED EMPLOYEES SALARY SUPPLEMENTS.] The
salary supplements provided in the University of Minnesota
regents' compensation plans, as approved by the legislative
commission on employee relations after adjournment of the 1982
legislature, are approved for the following groups of
unrepresented employees: Twin Cities instructional,
noninstructional professional, supervisory, managerial and
confidential, nursing, clerical and office, technical, outstate
instructional, and graduate assistants.
Subd. 3. [DULUTH AND WASECA.] The salary supplements
provided in the labor agreement between the regents of the
University of Minnesota and the university education
association, representing the organized faculty at the Duluth
and Waseca campuses, is ratified, as approved by the legislative
commission on employee relations on January 31, 1983.
Sec. 36. [REPEALER.]
Minnesota Statutes 1982, sections 16A.16, and 136A.035, are
repealed.
Sec. 37. [APPROPRIATION.]
Subdivision 1. The sum of $4,956,100 is appropriated to
the commissioner of finance to pay the compensation increases
provided for by this act, to be available for the fiscal year
ending June 30 in the years indicated. Persons whose
compensation is paid from open appropriations of dedicated
receipts shall be paid from those appropriations and not from
the appropriations made by this section. The commissioner of
finance shall certify to the committee on finance of the senate
and the committee on appropriations of the house of
representatives the amount needed to be added to each
appropriation account from which the compensation of a person
affected by this act is paid, and then shall transfer that
amount to the appropriate account.
1984 1985
(a) Executive agency heads, as
provided in Minnesota Statutes,
section 15.081, subdivision 1
General fund $ 526,700 $ 534,700
Trunk highway fund 74,800 75,500
Highway user fund 1,500 1,500
(b) Constitutional officers and
their deputies, as provided in
Minnesota Statutes, section
15A.081, subdivision 6
General fund 76,750 78,250
(c) Judges and judicial positions,
as provided in Minnesota Statutes,
section 15A.083
General fund 1,754,100 1,832,300
Subd. 2. There is appropriated the sum of $6,300 to the
legislative coordinating commission for the per diem and
expenses of the council established in section 8 of this act.
Sec. 38. [EFFECTIVE DATE.]
Section 14 is effective the day following final enactment
and applies to salaries set or changed after that date. An
employee who, on the day of final enactment, is receiving a
salary which is above the limit set according to section 14
shall continue to receive that salary until the salary is below
the limit. Sections 17, 34, and 35 are effective the day
following final enactment. Section 13 applies only to
collective bargaining agreements entered into after July 1,
1983, for the 1983 to 1985 biennium and thereafter. All other
sections are effective July 1, 1983.
Approved June 7, 1983
Official Publication of the State of Minnesota
Revisor of Statutes