Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 89-H.F.No. 907 
           An act relating to Ramsey county; providing for the 
          creation, organization, powers, and duties of a 
          personnel system; providing penalties; amending 
          Minnesota Statutes 1984, sections 383.405; and 
          383A.41, subdivision 5; proposing coding for new law 
          in Minnesota Statutes, chapter 383A; repealing 
          Minnesota Statutes 1984, sections 383A.28; 383A.29; 
          383A.30; and 383A.31. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [383A.281] [DEFINITIONS.] 
    Subdivision 1.  [INTERPRETATION.] Unless the language or 
context indicates that a different meaning is intended, the 
following terms, for the purpose of this act and rules adopted 
under it, have the meanings given them in this section. 
    Subd. 2.  [ALLOCATION.] "Allocation" means the assignment 
of an individual position to an appropriate class on the basis 
of the kind, difficulty, and responsibility of the work 
performed in the position. 
    Subd. 3.  [APPLICANT.] "Applicant" means a person who has 
completed an application for employment and has submitted it to 
the department of personnel or other appointing authority who 
has been delegated the authority to recruit and examine 
individuals for positions in the county personnel system. 
     Subd. 4.  [APPOINTING AUTHORITY.] "Appointing authority" 
means an elected official, the head of a board, department, 
division, or commission, or person or group of persons who by 
law, rule, or resolution of the county board has been granted 
the authority to make appointments to positions in the county 
personnel system.  
    Subd. 5.  [APPOINTMENT.] "Appointment" means the act of 
filling a vacancy by placement of a person in the county 
personnel system through selection from an eligible list or a 
noncompetitive or qualifying process including transfer, 
demotion, or reinstatement. 
    Subd. 6.  [CERTIFICATION.] "Certification" means the 
referral of names from an eligible list to an appointing 
authority to fill vacant positions in the classified service. 
    Subd. 7.  [CLASS.] "Class" means one or more positions 
sufficiently similar with respect to duties and responsibilities 
that the same descriptive title may be used with clarity to 
designate each position allocated to the class, that the same 
general qualifications are needed for performance of the duties 
of the class, that the same tests of fitness may be used to 
recruit employees, and that the same schedule of pay can be 
applied with equity to all positions in the class under the same 
or substantially the same employment conditions. 
     Subd. 8.  [CLASSIFICATION.] "Classification" means the 
process of grouping positions into classes with respect to 
similar duties and responsibilities of the positions. 
     Subd. 9.  [CLASSIFIED SERVICE.] "Classified service" means 
all positions existing on the effective date of this act or 
subsequently created in the county personnel system and not 
specifically designated as unclassified positions pursuant to 
section 6. 
    Subd. 10.  [COMPETITIVE OPEN EXAMINATION.] "Competitive 
open examination" means that eligibility to compete in an 
examination is extended to all interested qualified persons. 
    Subd. 11.  [COMPETITIVE PROMOTIONAL 
EXAMINATION.] "Competitive promotional examination" means that 
eligibility to compete in an examination is limited to qualified 
county employees by department. 
    Subd. 12.  [COUNTY BOARD.] "County board" means the Ramsey 
county board of commissioners. 
    Subd. 13.  [COUNTY PERSONNEL SYSTEM.] "County personnel 
system" means all employees in the departments or agencies of 
county government or joint city and county agencies which 
receive their funding in whole or in part from the county board, 
including employees of: 
    (a) elected officials; 
    (b) the Saint Paul-Ramsey medical center commission; and 
    (c) the clerk of district court; 
but not including: 
    (1) district and municipal court judges; 
    (2) court reporters, law clerks, referees employed by the 
district and municipal courts, employees of the municipal court, 
and the second judicial district administrator's office; 
    (3) court commissioners; 
    (4) the public defender; 
    (5) employees of the examiner of titles, agricultural 
extension service, humane society, historical society, and soil 
and water conservation district; and 
    (6) other employees not subject to a county personnel 
system because of state law. 
    Subd. 14.  [DIRECTOR.] "Director" means the director of the 
department of personnel or the director's delegated 
representative. 
    Subd. 15.  [ELIGIBLE.] "Eligible" means a person whose name 
is on an eligible list. 
    Subd. 16.  [ELIGIBLE LIST.] "Eligible list" means a list of 
candidates eligible for employment in a specific class. 
    Subd. 17.  [EMPLOYEE.] "Employee" means any person 
currently occupying, or on leave from, a county personnel system 
position. 
     Subd. 18.  [LAYOFF LIST.] "Layoff list" means an eligible 
list by class of former permanent or probationary employees who 
have been terminated from positions in the class because of a 
shortage of funds or curtailment of service or for any other 
reason beyond their control not reflecting discredit on the 
employee. 
     Subd. 19.  [PERMANENT STATUS.] "Permanent status" means the 
state or condition achieved by an employee in the classified 
service who has successfully completed an initial probationary 
period or a probationary period required following reinstatement 
or reemployment. 
     Subd. 20.  [PERSONNEL DEPARTMENT.] "Personnel department" 
means the department charged with the administration of the 
county personnel system under the supervision of the personnel 
department director. 
    Subd. 21.  [PERSONNEL REVIEW BOARD.] "Personnel review 
board" means the body charged with review responsibilities 
pursuant to section 7. 
    Subd. 22.  [POSITION.] "Position" means a group of duties 
and responsibilities assigned or delegated by the appointing 
authority, requiring the full-time or less than full-time 
employment of one person. 
    Subd. 23.  [PROBATIONARY PERIOD.] "Probationary period" 
means a period of time following appointment to a position in 
the classified service, during which the employee is required to 
demonstrate ability to perform the duties and fulfill the 
responsibilities of the position. 
    Subd. 24.  [RECLASSIFICATION.] "Reclassification" means 
changing the allocation of a position to a different class. 
    Subd. 25.  [REEMPLOYMENT LIST.] "Reemployment list" means 
an eligible list by class of current or former permanent or 
probationary employees laid off, demoted in lieu of layoff, or 
separated in good standing from the class, and whose written 
applications for consideration for reemployment in the class 
have been approved by the personnel director. 
    Subd. 26.  [TRANSFER.] "Transfer" means a change of an 
employee in one position within a department to a position of 
comparable class in another department. 
    Subd. 27.  [UNCLASSIFIED SERVICE.] "Unclassified service" 
means all positions which are not within the classified service 
as defined by section 5. 
     Subd. 28.  [PERMANENT TENURE.] "Permanent tenure" means the 
state or condition achieved by an employee in the classified 
service who has successfully completed an initial probationary 
period. 
    Subd. 29.  [PROTECTED GROUPS.] "Protected groups" means the 
groups defined by section 43A.02, subdivision 33. 
    Sec. 2.  [383A.282] [COUNTY BOARD RESPONSIBILITIES.] 
    Subject to this act and other law, the county board shall 
fix the annual salary of county officials and determine the 
number and compensation of all employees in the county personnel 
system. 
    Sec. 3.  [383A.283] [PERSONNEL DEPARTMENT.] 
    Subdivision 1.  [CREATION.] The personnel department is 
created under the supervision of the director of personnel. 
    Subd. 2.  [DIRECTOR.] The director shall be appointed by 
the Ramsey county executive director, on the basis of merit and 
fitness as a result of a competitive examination, subject to the 
approval of the county board.  The director shall be in the 
classified service and shall report directly to and be 
supervised by the Ramsey county executive director. 
    Subd. 3.  [RESPONSIBILITIES.] The personnel director shall 
provide personnel management services and assistance to all 
county departments, enforce any personnel rules and regulations 
adopted by the county board, and carry out the responsibilities 
set forth in this act. 
    Sec. 4.  [383A.284] [GENERAL; PERSONNEL POWERS OF 
DEPARTMENT AND COUNTY BOARD.] 
    Subdivision 1.  [RULEMAKING.] The personnel director shall 
prepare rules to implement the provisions of this act.  The 
rules shall be effective upon approval by the county board. 
Prior to approval, the county board shall hold a public hearing 
on the proposed rules after giving notice to county departments, 
employees, affected labor organizations, and the public.  The 
rules approved by the county board shall have the force and 
effect of law.  The rules may be amended or repealed in the same 
manner as originally adopted.  
    Subd. 2.  [COLLECTIVE BARGAINING.] The executive director 
or the director's designee shall be the chief labor negotiator 
for the county.  The executive director may, as necessary and at 
discretion, include department heads of affected departments in 
the labor negotiation process.  The executive director shall 
recommend to the county board for its final approval all 
collective bargaining agreements.  To the extent they are 
covered by a collective bargaining agreement, the compensation, 
term, and conditions of employment for all employees represented 
by an exclusive representative certified pursuant to chapter 
179A shall be governed by the collective bargaining agreement 
executed by the county board and the parties and it shall 
supersede any rule or administrative procedure adopted pursuant 
to this act, unless a provision of the agreement is found to 
violate other state or federal law. 
    Subd. 3.  [PAYROLL VOUCHER CERTIFICATION.] The director of 
personnel or the director's authorized agent shall be 
responsible for certification of the payroll vouchers that the 
persons named in them have been appointed and employed in 
accordance with the provisions of this act and the rules under 
it.  No Ramsey county disbursing or auditing officer shall make 
or approve or take part in making or approving payment for 
personal service to a person holding a position in county 
service unless the payroll voucher or account for the amount 
bears the certification of the director or the authorized agent. 
    Subd. 4.  [EVALUATION; REPORT.] The county board shall 
establish performance indicators and annually monitor the 
performance of the personnel management system in the county. 
The personnel director shall periodically review and evaluate 
current and future staff needs of all county departments, job 
classes and descriptions, training and development, and internal 
and market comparability of all classification and salary 
schedules and report to the county board on these and other 
personnel management areas, as requested. 
    Subd. 5.  [REVIEW APPOINTMENTS.] Prior to each new 
appointment to the county personnel system, the personnel 
director shall certify that the person has been appointed in 
accordance with this act and applicable rules and regulations. 
    Sec. 5.  [383A.285] [CLASSIFIED SERVICE.] 
    Subdivision 1.  [GENERAL.] (a) All appointments to the 
classified service shall be based upon merit, fitness, and 
ability to perform the duties of the position and needs of the 
appointing authority, including the need to achieve and maintain 
a representative work force. 
    (b) The classified service is a permanent service to which 
this law applies and comprises each tenured position in the 
public service existing on, or established after, the effective 
date of this act. 
    Subd. 2.  [CLASSIFICATION PLAN.] The personnel director 
shall maintain, revise, and administer a classification and 
salary plan. 
    Subd. 3.  [CLASSIFICATION OF POSITIONS.] The personnel 
director shall place each position in the classified service in 
an appropriate class in the classification plan or in a new 
class to be created, if appropriate.  If a class is unique to a 
department, the personnel director shall consult the head of 
that department before classifying the unique positions. 
    Subd. 4.  [APPEAL FROM CLASSIFICATION OR RECLASSIFICATION.] 
An appointing authority or an employee affected by a 
classification or reclassification of a position may protest the 
action in writing to the personnel director.  The personnel 
director shall review the classification or reclassification and 
may change the decision.  Neither the appointing authority nor 
the employee shall have any further right to appeal a decision 
regarding a classification or reclassification to the personnel 
review board. 
     Subd. 5.  [STUDY; IMPLEMENTATION.] The personnel director 
shall complete a reclassification study within 60 days after 
receiving a reclassification request.  The appointing authority 
shall implement the personnel changes required by the 
reclassification decision in a timely manner and qualifications 
for reclassified positions shall be reasonably commensurate with 
the requirements of the position. 
    Subd. 6.  [INCUMBENTS.] The incumbent of a position which 
has been reclassified shall continue in the position if the 
employee is eligible for the position in the new class in 
accordance with this act, and rules adopted under it.  If the 
incumbent is ineligible to continue in the reclassified 
position, he or she shall be transferred, promoted, or demoted. 
His or her salary shall not be less than it was in the former 
classified position but it may be frozen at the level of the 
former classified position until it is commensurate with the 
class and grade of the position to which the incumbent was 
transferred or demoted. 
    Subd. 7.  [EXAMINATIONS; INCUMBENTS.] An employee with 
permanent or probationary status whose position is reclassified 
shall be considered eligible to compete in any examination held 
to fill the reclassified position as provided in the rules or 
administrative procedures. 
    Subd. 8.  [REINSTATEMENT.] (a) An employee who is granted a 
leave of absence from a position in the classified service to 
accept a position in the unclassified service, upon request, 
shall, during the unclassified appointment or within 60 days 
after the end of the unclassified appointment, be reinstated to 
the department from which the employee was granted a leave, to a 
classified position comparable to that which was held 
immediately prior to being appointed to the unclassified 
position. 
     (b) At the discretion of the appointing authority, any 
employee who without fault or delinquency has resigned or been 
demoted, within one year after leaving the position in the 
classified service, may be appointed or reinstated to a 
classified position within the same department which is 
comparable to the position held previously.  An employee may be 
reinstated from a leave of absence as determined by the rules 
and regulations adopted by the county board pursuant to this act.
    Subd. 9.  [CLASSIFYING POSITIONS.] An employee in an 
unclassified position on the effective date of this act which 
becomes classified by this act shall continue to serve in the 
classified position and have all the benefits of classified 
service notwithstanding any other provision of this act. 
    Subd. 10.  [UNCLASSIFYING POSITIONS.] An employee in the 
classified service with permanent tenure, who is an incumbent of 
a position which becomes unclassified and is not appointed to or 
is removed from the unclassified position, shall be transferred 
by the personnel director to a classified position within the 
same department comparable to the unclassified position.  If a 
comparable position is unavailable, the person shall be 
transferred by the director to a classified position comparable 
to that which he or she held immediately prior to being 
appointed to the position which was unclassified.  If the 
employee held an unclassified position with the same agency 
before being appointed to the classified position that is 
unclassified, the person shall be transferred by the director to 
a classified position comparable to the classified position next 
in rank below the position that is unclassified.  The employee's 
salary shall not be less than it was in the position which was 
unclassified, but it may be frozen until it is commensurate with 
the class and grade of the position to which the employee was 
transferred. 
    Sec. 6.  [383A.286] [UNCLASSIFIED SERVICE.] 
    Subdivision 1.  [GENERAL.] An appointing authority may 
appoint employees to the unclassified service in accordance with 
this section.  Positions in the unclassified service shall not 
be required to be filled by competitive examination, but shall 
be subject to an open application and screening process.  The 
appointing authority may discharge employees in the unclassified 
service with or without cause.  Employees in the unclassified 
service have no right to a grievance appeal from discharge or 
other disciplinary action under this act.  An employee in an 
unclassified position shall not have tenure but shall be 
entitled to all benefits associated with tenure such as vacation 
leave, sick leave, health insurance, and other benefits as 
determined by the county board.  
    Subd. 2.  [UNCLASSIFIED POSITIONS.] The following positions 
shall be in the unclassified service: 
    (a) positions held by elected officials or persons 
appointed to fill an elected office; 
    (b) one assistant for each elected official; 
    (c) the director or principal administrative officer of a 
department of county government or agency created by law, except 
that the affirmative action officer, personnel director, 
internal auditor, and director of budgeting and accounting shall 
be positions in the classified service; 
    (d) doctors, residents, and student nurses employed by the 
county or county agency; 
    (e) members of a board or commission appointed by the 
county, or the county and the city, and acting in an advisory 
capacity; 
    (f) weed inspectors, election judges, or election clerks; 
    (g) special police officers or special deputy sheriffs 
serving without pay; 
    (h) judges, court administrators, court reporters, 
receivers, referees, the examiner or assistant examiners of 
titles, public defenders, arbiters, jurors, clerk of district 
court, or persons appointed by the district court to make or 
conduct a special inquiry of a judicial or temporary character; 
    (i) all positions in the municipal court of Ramsey county 
and the second judicial district administrator's office; 
    (j) the executive director and eight principal assistants; 
    (k) the chief executive officer of the medical center and 
seven principal assistants; 
    (l) interns, student workers, law clerks, or other 
employees employed for a limited duration as determined by the 
county board; 
    (m) positions designated by the county board as 
unclassified pursuant to subdivision 3; 
    (n) the sheriff, the sheriff's chief deputy, three 
principal assistants, and a personal secretary; and 
    (o) the county attorney, the county attorney's first 
assistant, one principal assistant, and a personal secretary. 
    Subd. 3.  [UNCLASSIFIED POSITIONS AUTHORIZED BY COUNTY 
BOARD.] The county board may designate additional positions in 
the unclassified service if the following criteria are met: 
    (a) designation of the position is not contrary to the 
provisions of other law relating specifically to that department;
    (b) the person occupying the position of supervisor or a 
department assistant would report directly to the department 
head and would be designated as part of the department head's 
management team; and 
    (c) the duties of the position involve significant 
discretion and substantial involvement in the development, 
interpretation, and implementation of department policy. 
    The personnel director shall certify whether the 
designation is consistent or inconsistent with the standards and 
criteria in this section.  The county board may appeal 
certification decisions to the personnel review board. 
    Sec. 7.  [383A.287] [PERSONNEL REVIEW BOARD.] 
    Subdivision 1.  [CREATION.] The Ramsey county personnel 
review board is created to review disciplinary appeals and 
conduct performance reviews of the personnel department. 
     Subd. 2.  [ORGANIZATION.] The county board, by a majority 
vote, shall appoint five persons to the personnel review board 
to serve four-year staggered terms.  Any vacancies shall be 
filled by a majority vote of the county board for the unexpired 
term.  Each member shall hold office until a successor has been 
appointed.  Membership on the personnel review board shall be 
limited as follows: 
    (a) each member shall take an oath of office before 
assuming the duties of office; 
    (b) no person shall be a member of the personnel review 
board while holding a public office, or while holding office in 
a political party above the state legislative district level, 
nor for two years after having held that kind of public or 
political office; and 
    (c) each member shall be a resident of the county and if a 
member becomes a nonresident, the member forfeits the office. 
    Subd. 3.  [REMOVAL FROM OFFICE.] A personnel review board 
member may be removed from office by the county board for cause, 
after a copy of the charges has first been given to the member 
and opportunity of being publicly heard before the county board, 
upon not less than ten days' written notice.  A majority vote of 
the county board shall be required for removal. 
    Subd. 4.  [COMPENSATION.] Compensation for members of the 
personnel review board shall be set by resolution of the county 
board. 
    Subd. 5.  [RESPONSIBILITIES.] (a) [NONDISCIPLINARY 
APPEALS.] The personnel review board shall hear all 
nondisciplinary personnel appeals as defined in the rules 
adopted by the county board pursuant to section 4, subdivision 1.
    (b) [GRIEVANCES AND DISCIPLINARY APPEALS.] All appeals or 
grievances relating to discharge, suspension, demotion for 
cause, salary decrease, or other disciplinary action shall be 
heard by an administrative law judge appointed pursuant to 
section 14.55.  The administrative law judge shall hear the 
grievance or appeal and report his or her recommendation to the 
personnel review board in a timely manner consistent with 
section 13 and the rules and regulations promulgated by the 
county board. 
    (c) [REVIEW OF PERSONNEL DEPARTMENT 
PERFORMANCE.] Periodically, as requested by the county board, 
the personnel review board shall review, report, and make 
recommendations to the county board regarding personnel 
department services, procedures, and practices. 
    Sec. 8.  [383A.288] [COMPETITIVE EXAMINATIONS.] 
    Subdivision 1.  [GENERAL.] Entrance to the classified 
service shall be through successful competition in an 
examination and certification and appointment from an eligible 
list except as provided in this section. 
    Subd. 2.  [TYPES OF EXAMINATIONS.] All examinations for 
positions in the classified service shall be job related, 
nondiscriminatory, and designed to fairly assess ability to 
perform the duties of the class for which the examination is 
given.  The examination may consist of, but shall not be limited 
to, one or more of the following: 
    (a) written subjective or objective tests; 
    (b) physical tests; 
    (c) practical or demonstration tests; 
    (d) evaluation of training and experience; 
    (e) oral subjective or objective tests in the form of 
question and answer; 
    (f) interviews; or 
    (g) a supervisory evaluation of job performance. 
    Subd. 3.  [ELIGIBILITY FOR COMPETITIVE OPEN 
EXAMINATIONS.] (a) Competitive open examinations shall, upon 
public notice, be open to all applicants who meet reasonable job 
related requirements fixed by the personnel department. 
    (b) Employees in the classified service with permanent 
tenure who pass an open competitive examination shall have added 
to their final examination score one point for each year of 
permanent tenure up to a maximum of ten points.  This credit 
shall not be used for examinations for supervisory positions. 
    Subd. 4.  [ELIGIBILITY FOR COMPETITIVE PROMOTIONAL 
EXAMINATIONS.] Competitive promotional examinations shall be 
open only to permanent and probationary employees of the 
classified service.  The personnel department may limit 
competition to employees of one or more departments, or to 
employees meeting specified employment requirements. 
    Subd. 5.  [WAIVER OF COMPETITIVE EXAMINATIONS.] The 
personnel director shall establish a procedure and a definition 
of the criteria for the selection and referral of qualified 
applicants to fill positions in routine service classifications 
involving unskilled tasks.  Applicants to fill vacancies in the 
classifications shall be exempt from ranking and certification. 
The director shall refer all qualified applicants to the 
appointing authority having vacancies in the appropriate 
classifications. 
    Sec. 9.  [383A.289] [ELIGIBLE LISTS.] 
    Subdivision 1.  [GENERAL.] The personnel director shall 
prepare eligible lists as provided in this section. 
    Subd. 2.  [RANK.] On competitive open and competitive 
promotional lists eligibles shall be ranked according to their 
ratings in examinations and any veteran's preference required by 
law. 
    Subd. 3.  [TERM OF ELIGIBILITY.] The term of eligibility of 
eligibles on lists shall be determined by the personnel director 
but shall not be less than six months. 
    Sec. 10.  [383A.291] [CERTIFICATION OF ELIGIBLES.] 
    Subdivision 1.  [GENERAL.] The personnel director, upon the 
request of the appointing authority, shall certify, for both 
competitive open and competitive promotional positions, the 
first five eligibles on the eligible list and all other 
eligibles having the same score as the fifth eligible on the 
list. 
    Subd. 2.  [EXPANDED CERTIFICATION.] The personnel director 
shall expand the certification beyond the first five eligibles 
to contain a member of not more than three underrepresented 
protected groups, in highest ranking order, if he or she 
determines all of the following conditions are met: 
    (a) the vacancy to be filled occurs in a job classification 
which is underrepresented by one or more protected groups, based 
on affirmative action goals; 
    (b) the first five eligibles do not contain the name of a 
member of a protected group which is underrepresented for the 
job classification; and 
    (c) the protected group eligibles to be certified have 
achieved a minimum passing score on the competitive examination, 
if one has been given. 
    Subd. 3.  [REFUSAL TO CERTIFY.] The personnel director may 
refuse to certify an eligible who: 
    (a) is found to lack any of the requirements established 
for the examination for which the eligible has applied; 
    (b) has been dismissed from the public service for 
delinquency or misconduct; 
    (c) has been dismissed from the same or a similar 
classification within the civil service for unsatisfactory job 
performance; 
     (d) has, directly or indirectly, given or promised to give 
anything of value to any person in connection with the 
eligible's examination, appointment, or proposed appointment; or 
    (e) has made a false statement of any material fact or 
practiced or attempted to practice any deception or fraud in the 
application or examination or in securing eligibility or 
appointment. 
    When the personnel director refuses to certify an eligible, 
he or she shall, upon request of the eligible refused, furnish 
the eligible a statement of the reasons for the refusal.  Upon 
receipt of relevant information from the eligible refused, the 
personnel director shall reconsider the refusal and may certify 
the eligible.  An eligible shall have no further right to appeal 
the personnel director's decision to refuse to certify the 
eligible. 
    Sec. 11.  [383A.292] [NONCOMPETITIVE APPOINTMENTS.] 
    Subdivision 1.  [TEMPORARY APPOINTMENTS.] The personnel 
director may authorize the appointing authority to make a 
temporary appointment of not more than six months in any 12 
month period.  When practicable, the personnel director may 
certify any qualified eligible from an eligible list for the 
temporary appointment, but may authorize the appointment of any 
person deemed qualified by the appointing authority.  
    Subd. 2.  [PROVISIONAL APPOINTMENTS.] The personnel 
director may authorize the appointing authority to make a 
provisional appointment for a position for which there is no 
eligible list for a period of time determined by the personnel 
director not to exeed six months. 
    Sec. 12.  [383A.293] [PROBATIONARY PERIOD.] 
    Subdivision 1.  [GENERAL.] All appointments to positions in 
the classified service shall be for a probationary period which 
shall be not less than three months of full-time equivalent 
service nor more than one year of full-time equivalent service 
as determined by the personnel department or through collective 
bargaining agreements.  An appointing authority may require a 
probationary period for interdepartmental transfers, 
reemployments, reinstatements, voluntary demotions, and 
appointments from layoff lists or of former employees of a 
different appointing authority.  For employees in a collective 
bargaining unit the requirement of a probationary period shall 
be subject to applicable provisions of collective bargaining 
agreements. 
    Subd. 2.  [TERMINATION DURING PROBATIONARY PERIOD.] There 
is no presumption of continued employment during a probationary 
period.  Terminations or demotions may be made at any time 
during the probationary period with or without cause and 
employees terminated during a probationary period shall have no 
further right to appeal.  If during the probationary period an 
employee with permanent status is dismissed, the employee shall 
be restored to a position in his or her former class and 
department. 
    Sec. 13.  [383A.294] [GRIEVANCES.] 
    Subdivision 1.  [DISCHARGE; SUSPENSION; DEMOTION FOR CAUSE; 
SALARY DECREASE.] No permanent employee in the classified 
service shall be discharged, suspended without pay, or reduced 
in pay or position, except for just cause.  
    Subd. 2.  [JUST CAUSE.] For purposes of this section, just 
cause includes, but is not limited to, failure to perform 
assigned duties, substandard performance, misconduct, 
insubordination, and violation of written policies and 
procedures. 
    Subd. 3.  [NOTICE OF DISCIPLINARY ACTION.] The appointing 
authority shall give a permanent classified employee written 
notice of the discharge, suspension without pay, or reduction in 
pay or position.  The written notice shall include a statement 
of the nature of the disciplinary action, the specific reasons 
for the action, the effective date of the action, and a 
statement informing the employee of the employee's right to 
reply within ten working days of receipt of the notice in 
writing or, upon request, in person, to the appointing authority 
or the authority's designee.  The notice shall also include a 
statement of the employee's right to appeal to the personnel 
review board within 30 days of the effective date of the 
disciplinary action, but an employee who elects to reply to the 
appointing authority may appeal within ten working days of the 
receipt of the authority's response to the reply.  If the 
appointing authority has not responded within 30 days of receipt 
of the employee's reply, the appointing authority shall be 
deemed to have replied unfavorably to the employee.  A copy of 
the disciplinary action notice and the employee's reply shall be 
filed with the personnel department. 
     Subd. 4.  [APPEAL PROCESS.] (a) [HEARING.] Within ten days 
of receipt of the employee's written notice of appeal, the 
personnel review board shall request the chief administrative 
law judge to assign an administrative law judge to hear the 
appeal.  The hearing shall be conducted as a contested case and 
both the employee and appointing authority shall be entitled to 
present facts at the hearing.  The burden of proof shall be on 
the appointing authority to establish the basis for its 
disciplinary action by a preponderance of the evidence.  A 
record shall be kept of the hearing at the expense of the 
personnel review board.  The administrative law judge may 
subpoena and require the attendance of witnesses and the 
production of any relevant documents and may administer oaths to 
witnesses.  
    (b) [HEARING REPORT.] Within 30 days after the close of the 
hearing record, the administrative law judge shall recommend to 
the personnel review board an appropriate disposition of the 
grievance which shall be in writing and contain findings of fact 
and conclusions. 
    (c) [DECISIONS OF PERSONNEL REVIEW BOARD.] Within 30 days 
of receipt of the administrative law judge's recommendation, the 
personnel review board shall act to modify, reject, or accept 
the recommendation.  If the personnel review board fails to act 
within 30 days after receipt of the recommendation, it shall be 
deemed to have accepted the recommendation of the administrative 
law judge recommending final disposition of the grievance.  The 
personnel review board shall not conduct a hearing prior to 
modifying, accepting, or rejecting the recommendation of the 
administrative law judge but shall confine its review to the 
record established before the administrative law judge and no 
party to the appeal shall have a right to a hearing de novo 
before the personnel review board. 
    (d) [APPEAL OF PERSONNEL REVIEW BOARD DECISION.] The 
decision of the personnel review board shall be the final 
decision regarding the employee's grievance appeal.  The 
decision may be appealed to district court within 30 calendar 
days after its receipt, by the appointing authority or by the 
employee.  The appeal shall be decided by the court upon the 
board's record.  The decision of the board may be reversed if 
the hearing record contains no evidence upon which the personnel 
review board could have reached its decision or if the personnel 
review board abused its discretion. 
    (e) [EFFECT OF PERSONNEL REVIEW BOARD DECISION.] The 
personnel review board decision shall be binding on both the 
employee and the appointing authority unless on appeal the 
decision is stayed, modified, or reversed by the district court. 
    (f) [PROPER PARTY TO LITIGATION.] Ramsey county and not the 
personnel review board, shall be a proper party to an appeal or 
any litigation arising out of this act. 
    The personnel review board shall have no right to sue or be 
sued under this act.  The county attorney shall represent the 
county in any litigation arising out of this act. 
    An employee may not use both the procedure provided by this 
section and the grievance procedure provided by chapter 179A. 
    Subd. 5.  [COLLECTIVE BARGAINING AGREEMENTS.] Procedures 
for discipline and discharge of employees covered by collective 
bargaining agreements shall be governed by the agreements, to 
the extent that the agreements are inconsistent with this act. 
    Sec. 14.  [383A.295] [CONDITIONS OF EMPLOYMENT.] 
    Subdivision 1.  [BENEFITS.] The personnel director shall 
have the authority to set hours of employment, sick leave, 
vacation leave, leave of absence without pay, health insurance, 
life insurance, and other fringe benefits for employees in the 
classified and unclassified service subject to the approval of 
the county board and in accordance with the law. 
    Subd. 2.  [LAYOFFS.] The personnel director shall adopt 
rules and regulations providing for the layoff and reemployment 
of employees on the basis of the employee's seniority. 
    Subd. 3.  [RETIREMENT.] Employees in the classified and 
unclassified service, except for elected officials, shall be 
retired no later than the first day of the month after the month 
in which the employee reached the age of 70. 
    Sec. 15.  [383A.296] [MISCONDUCT.] 
    No person shall interfere with the rights of any person in 
the examination process, or falsely mark, grade, or report the 
examination or standing of any person examined, or aid in so 
doing, or furnish to any person, except in answer to inquiries 
of the personnel review board, any information for the purpose 
of changing the rating of any person.  No applicant or employee 
shall falsify an application or record for the purpose of 
improving prospects for employment.  No person shall by means of 
threats or coercion induce or attempt to induce any person 
holding a position in the classified service to resign.  A 
violation of this section is cause for dismissal, other 
discipline, or disqualification from the classified service of 
the county.  In addition to other legal remedies, violations may 
be enjoined. 
    Sec. 16.  [383A.297] [POLITICAL ACTIVITY.] 
    No employee in the classified service shall be under any 
obligation to contribute to a political service or fund to any 
person, body, or committee, and no employee in the classified 
service may be discharged, suspended, demoted, or otherwise 
disciplined or prejudiced for refusal to do so.  All employees 
in the classified and unclassified service shall be subject to 
the prohibition on political activities set forth in section 
210A.081. 
    Sec. 17.  [383A.298] [TRANSITIONAL PROVISIONS.] 
    All employees of the civil service department shall be 
transferred to the personnel department.  All members of the 
civil service commission shall be members of the personnel 
review board and serve until their current term expires and a 
successor is appointed. 
    Sec. 18.  [383A.299] [PENALTIES.] 
    A person who willfully violates a provision of this act is 
guilty of a misdemeanor. 
    Sec. 19.  [383A.301] [STATUS OF PRESENT EMPLOYEES.] 
    Each person holding a position with the county of Ramsey 
who has acquired permanent tenure or who was serving a 
probationary period on the effective date of this act retains 
his or her position, seniority date, and accrued benefits. 
    Sec. 20.  Minnesota Statutes 1984, section 383A.405, is 
amended to read: 
    383A.405 [CORRECTIONS.] 
    Subdivision 1.  [DIRECTOR OF COMMUNITY CORRECTIONS.] The 
management and control of the operations of any correctional, 
juvenile detention, or home school facility within Ramsey county 
shall be the responsibility of the director of the department of 
community corrections.  All of the employees of these 
correctional facilities except the superintendent and the first 
assistant or chief deputy of the facility shall be in the 
classified service of the county civil service and subject to 
section 383A.29 sections 1 to 19.  
    Subd. 2.  [HOME SCHOOL SUPERINTENDENT.] Notwithstanding 
section 260.094, or other law, in Ramsey county, the 
superintendent or matron and the assistant superintendent or 
matron of any county home school shall be appointed and removed 
by the director of the county community corrections department. 
The county board of commissioners shall set all salaries of 
employees at the school subject to section 383A.29 sections 1 to 
19.  
    Subd. 3.  [DETENTION HOME STAFF.] Notwithstanding section 
260.101, or other law, in Ramsey county, staff for detention 
homes shall be appointed and removed by the director of the 
community corrections department.  Salaries for all employees 
shall be set by the county board of commissioners subject 
to section 383A.29 sections 1 to 19.  
    Sec. 21.  Minnesota Statutes 1984, section 383A.41, 
subdivision 5, is amended to read: 
    Subd. 5.  [POWERS AND DUTIES OF COMMISSION.] The commission 
is responsible for the operation, administration, management and 
control of the Saint Paul-Ramsey Medical Center, may carry 
malpractice insurance for the medical center medical and 
nonmedical staff and pay the premiums therefor.  The commission 
may appoint and, at its pleasure, remove a chief executive 
officer of the medical center and seven principal assistants.  
The commission may employ other personnel it determines are 
necessary for the performance of its duties.  The commission's 
employees are subject to the Ramsey county civil 
service personnel system law and the rules related to it.  The 
commission shall reimburse the county civil service personnel 
department for its services for the commission's classified 
employees and the reimbursement is to be credited to the civil 
service personnel department budget.  The county board shall be 
the employer of the commission employees for purposes of 
sections 179.35 to 179.38. 
    Sec. 22.  [DEFINITION.] 
    When it appears in sections 1 to 19, the term "this act" 
and related terms refer to sections 1 to 19. 
    Sec. 23.  [REPEALER.] 
    Minnesota Statutes 1984, sections 383A.28; 383A.29; 
383A.30; and 383A.31, are repealed. 
    Sec. 24.  [EFFECTIVE DATE.] 
    This act is effective the day after the filing of a 
certificate of local approval in compliance with Minnesota 
Statutes, section 645.021, subdivision 3, by the Ramsey county 
board. 
    Approved May 8, 1985