Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 186-H.F.No. 948 
           An act relating to state government; providing for 
          affirmative action improvements; regulating job 
          eligibility lists; providing for the title of state 
          agency heads; giving the commissioner of health access 
          to private or confidential data on individual state 
          employees for purposes of epidemiologic studies; 
          setting a mandatory age for certain employees and 
          abolishing it for others; regulating hiring and 
          personnel practices; amending Minnesota Statutes 1986, 
          sections 15.06, subdivision 1; 15.46; 43A.08, 
          subdivision 1; 43A.13, subdivisions 1 and 7; 43A.18, 
          subdivision 4; 43A.191, subdivision 3; 43A.24, 
          subdivision 2; 43A.30, subdivision 4; 43A.33, 
          subdivision 3; 43A.34, subdivisions 1, 3, and 4; 
          repealing Minnesota Statutes 1986, sections 15.45, 
          subdivision 3; 15.47; and 43A.34, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 15.06, 
subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICABILITY.] This section applies to 
the following departments or agencies:  the departments of 
administration, agriculture, commerce, corrections, jobs and 
training, education, employee relations, energy and economic 
development, finance, health, human rights, labor and industry, 
natural resources, public safety, public welfare public service, 
human services, revenue, transportation, and veterans affairs; 
the housing finance, state planning, and pollution control 
agencies; the office of commissioner of iron range resources and 
rehabilitation; the bureau of mediation services; and their 
successor departments and agencies.  The heads of the foregoing 
departments or agencies are referred to in this section 
as "commissioners." 
    Sec. 2.  Minnesota Statutes 1986, section 15.46, is amended 
to read: 
    15.46 [PREVENTIVE HEALTH SERVICES FOR STATE EMPLOYEES.] 
    The commissioner of the department of employee relations 
may establish and operate a program of preventive health 
services for state employees, and shall provide such staff, 
equipment, and facilities as are necessary therefor.  The 
commissioner shall develop these services in accordance with and 
limited to the accepted practices of and standards for 
occupational preventive health services in the state of 
Minnesota.  Specific services shall be directed to the work 
environment and to the health of the employee in relation to the 
job.  The commissioner shall cooperate with the department of 
health as well as other private and public community agencies 
providing health, safety, employment, and welfare services.  
    Sec. 3.  Minnesota Statutes 1986, section 43A.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
positions are held by employees who are: 
    (a) chosen by election or appointed to fill an elective 
office; 
    (b) heads of agencies required by law to be appointed by 
the governor or other elective officers, and the executive or 
administrative heads of departments, bureaus, divisions and 
institutions specifically established by law in the unclassified 
service; 
    (c) deputy and assistant agency heads, and one confidential 
secretary in the agencies listed in subdivision 1a;  
    (d) the confidential secretary to each of the elective 
officers of this state and, for the secretary of state, state 
auditor, and state treasurer, an additional deputy, clerk, or 
employee; 
    (e) intermittent help employed by the commissioner of 
public safety to assist in the issuance of vehicle licenses; 
    (f) employees in the offices of the governor and of the 
lieutenant governor, and one confidential employee for the 
governor in the office of the adjutant general; 
    (g) employees of the legislature and of legislative 
committees or commissions; provided that employees of the 
legislative audit commission, except for the legislative 
auditor, the deputy legislative auditors, and their confidential 
secretaries, shall be employees in the classified service; 
    (h) presidents, vice presidents, deans, other managers and 
professionals in academic and academic support programs, 
administrative or service faculty, teachers, research assistants 
and student employees eligible under terms of the federal 
economic opportunity act work study program in the state 
universities and community colleges.  This paragraph shall not 
be construed to include the custodial, clerical or maintenance 
employees, or any professional or managerial employee performing 
duties in connection with the business administration of these 
institutions. 
    (i) officers and enlisted persons in the national guard; 
    (j) attorneys, legal assistants, examiners, and three 
confidential employees appointed by the attorney general or 
employed with the attorney general's authorization; 
    (k) judges and all employees of the judicial branch, 
referees, receivers, jurors, and notaries public, except 
referees and adjusters employed by the department of labor and 
industry; 
    (l) members of the state patrol; provided that selection 
and appointment of state patrol troopers shall be made in 
accordance with applicable laws governing the classified service;
    (m) chaplains employed by the state; 
    (n) examination monitors and intermittent training 
instructors employed by the departments of employee relations 
and commerce and by professional examining boards; 
    (o) student workers; and 
    (p) employees unclassified pursuant to other statutory 
authority. 
    Sec. 4.  Minnesota Statutes 1986, section 43A.13, 
subdivision 1, is amended to read: 
    43A.13 [CERTIFICATION OF ELIGIBLES.] 
    Subdivision 1.  [GENERAL.] Upon request of an appointing 
authority the commissioner shall certify eligibles from an 
eligible list determined appropriate by the commissioner, or as 
provided in collective bargaining agreements, rules or section 
43A.04, subdivision 4.  The commissioner may limit certification 
to those eligibles who meet special qualifications documented by 
an appointing authority and approved by the commissioner as 
essential job-related and necessary for satisfactory performance 
of a specific vacant position.  The commissioner shall certify 
qualified available eligibles as provided in this section.  
Where the vacancy to be filled is in a position covered by a 
collective bargaining agreement, the list of certified eligibles 
shall be made available upon request to the exclusive 
representative as defined in sections 179A.01 to 179A.25. 
    Sec. 5.  Minnesota Statutes 1986, section 43A.13, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXPANDED CERTIFICATION.] When the commissioner 
determines that a disparity as defined in rules exists between 
an agency's work force and its affirmative action plan approved 
in accordance with section 43A.19, the commissioner shall ensure 
to the extent possible that eligibles who are members of the 
protected groups for which the disparity exists are certified 
for appointment.  When fewer than three two eligibles of all 
each protected groups group for which a disparity has been 
determined to exist would be certified under subdivisions 4 and 
5, the commissioner shall certify as many additional two 
eligibles from all of the protected groups for which disparities 
have been determined to exist as are necessary to bring the 
number of such protected group eligibles certified to an 
aggregate total of three from each protected group for which a 
disparity exists.  Implementation of this subdivision shall not 
be deemed a violation of other provisions of Laws 1981, chapter 
210 or 363. 
    Sec. 6.  Minnesota Statutes 1986, 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 within the limits of 
compensation plans that have been approved by the commissioner 
before becoming effective. 
    (a) Total compensation for employees who are not covered by 
a collective bargaining agreement in the offices of the 
governor, lieutenant governor, attorney general, secretary of 
state, state auditor and state treasurer shall be determined by 
the governor, lieutenant governor, attorney general, secretary 
of state, state auditor and state treasurer, respectively.  
    (b) Total compensation for unclassified positions pursuant 
to section 43A.08, subdivision 1, clause (h), in the higher 
education coordinating board, and in the state board of 
vocational technical education shall be determined by the state 
university board and the state board for community colleges, the 
higher education coordinating board, and the state board of 
vocational technical education, respectively. 
    (c) Total compensation for classified administrative law 
judges in the office of administrative hearings shall be 
determined by the chief administrative law judge.  
    Sec. 7.  Minnesota Statutes 1986, section 43A.191, 
subdivision 3, is amended to read: 
    Subd. 3.  [SANCTIONS AND INCENTIVES.] (a) The director of 
equal employment opportunity shall annually audit the record of 
each agency to determine the rate of compliance with annual 
hiring goals of each goal unit and to evaluate the agency's 
overall progress toward its affirmative action goals and 
objectives.  
    (b) By January February 1 of each year, the commissioner 
shall submit a report on affirmative action progress of each 
agency and the state as a whole to the governor and to the 
finance committee of the senate, the appropriations committee of 
the house of representatives, and the governmental operations 
committees of both houses of the legislature.  The report must 
include each agency's rate of compliance with annual hiring 
goals.  In addition, any agency in which less than 75 percent of 
the interim hiring goals in any goal unit were unmet that has 
not met its affirmative action hiring goals, that fails to make 
an affirmative action hire, or fails to justify its 
nonaffirmative action hire in 25 percent or more of the 
appointments made in the previous calendar year must be 
designated in the report as an agency not in compliance with 
affirmative action requirements. 
    (c) The commissioner shall study methods to improve the 
performance of agencies not in compliance with affirmative 
action requirements.  By January 15, 1986, the commissioner 
shall submit to the legislature a proposal for improving 
compliance rates.  This proposal must include penalties for 
noncompliance. 
    (d) The commissioner shall establish a program to recognize 
agencies that have made significant and measurable progress 
toward achieving affirmative action objectives. 
    Sec. 8.  Minnesota Statutes 1986, section 43A.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
are eligible for state paid life insurance and hospital, medical 
and dental benefits as determined in applicable collective 
bargaining agreements or by the commissioner or by plans 
pursuant to section 43A.18, subdivision 6, or by the board of 
regents for employees of the University of Minnesota not covered 
by collective bargaining agreements.  Coverages made available, 
including optional coverages, are as contained in the plan 
established pursuant to section 43A.18, subdivision 2. 
    (a) A member of the state legislature, provided that 
changes in benefits resulting in increased costs to the state 
shall not be effective until expiration of the term of the 
members of the existing house of representatives.  An eligible 
member of the state legislature may decline to be enrolled for 
state paid coverages by filing a written waiver with the 
commissioner.  The waiver shall not prohibit the member from 
enrolling the member or dependents for optional coverages, 
without cost to the state, as provided for in section 43A.26.  A 
member of the state legislature who returns from a leave of 
absence to a position previously occupied in the civil service 
shall be eligible to receive the life insurance and hospital, 
medical and dental benefits to which the position is entitled; 
    (b) a permanent employee of the legislature or a permanent 
employee of a permanent study or interim committee or commission 
or a state employee on leave of absence to work for the 
legislature, during a regular or special legislative session; 
    (c) a judge of the appellate courts or an officer or 
employee of these courts; a judge of the district court, a judge 
of county court, a judge of county municipal court, or a judge 
of probate court; a district administrator; and an employee of 
the office of the district administrator of the fifth or the 
eighth judicial districts; 
    (d) A salaried employee of the public employees retirement 
association; 
    (e) a full-time military or civilian officer or employee in 
the unclassified service of the department of military affairs 
whose salary is paid from state funds; 
    (f) a salaried employee of the Minnesota historical 
society, whether paid from state funds or otherwise, who is not 
a member of the governing board;  
    (g) an employee of the regents of the University of 
Minnesota; and 
    (h) notwithstanding section 43A.27, subdivision 3, an 
employee of the state of Minnesota or the regents of the 
University of Minnesota who is at least 60 and not yet 65 years 
of age on July 1, 1982 who is otherwise eligible for employee 
and dependent insurance and benefits pursuant to section 43A.18 
or other law, who has at least 20 years of service and retires, 
earlier than required, within 60 days of March 23, 1982; or an 
employee who is at least 60 and not yet 65 years of age on July 
1, 1982 who has at least 20 years of state service and retires, 
earlier than required, from employment at Rochester state 
hospital after July 1, 1981; or an employee who is at least 55 
and not yet 65 years of age on July 1, 1982 and is covered by 
the Minnesota state retirement system correctional employee 
retirement plan or the state patrol retirement fund, who has at 
least 20 years of state service and retires, earlier than 
required, within 60 days of March 23, 1982.  For purposes of 
this clause, a person retires when the person terminates active 
employment in state or University of Minnesota service and 
applies for a retirement annuity.  Eligibility shall cease when 
the retired employee attains the age of 65, or when the employee 
chooses not to receive the annuity that the employee has applied 
for.  The retired employee shall be eligible for coverages to 
which the employee was entitled at the time of retirement, 
subject to any changes in coverage through collective bargaining 
or plans established pursuant to section 43A.18, for employees 
in positions equivalent to that from which retired, provided 
that the retired employee shall not be eligible for state-paid 
life insurance.  Coverages shall be coordinated with relevant 
health insurance benefits provided through the federally 
sponsored medicare program.  
    Sec. 9.  Minnesota Statutes 1986, section 43A.30, 
subdivision 4, is amended to read: 
    Subd. 4.  [EMPLOYEE INSURANCE TRUST FUND.] The commissioner 
of employee relations may direct that all or a part of the 
amounts paid for life insurance, hospital, medical, and dental 
benefits, and optional coverages authorized for eligible 
employees and other eligible persons be deposited by the state 
in an employee insurance trust fund in the state treasury, from 
which the approved claims of eligibles are to be paid.  
Investment income and investment losses attributable to the 
investment of the fund shall be credited to the fund.  There is 
appropriated from the fund to the commissioner of finance 
amounts needed to pay the approved claims of eligibles, related 
service charges, insurance premiums, and refunds.  The 
commissioner shall not market or self-insure life insurance or 
optional coverages.  Nothing in this subdivision precludes the 
commissioner from determining plan design, providing 
informational materials, or communicating with employees about 
coverages. 
    Sec. 10.  Minnesota Statutes 1986, section 43A.33, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROCEDURES.] Procedures for discipline and 
discharge of employees covered by collective bargaining 
agreements shall be governed by the agreements.  Procedures for 
employees not covered by a collective bargaining agreement shall 
be governed by this subdivision and by the commissioner's and 
managerial plans.  
    (a) For discharge, suspension without pay or demotion, no 
later than the effective date of such action, a permanent 
classified employee not covered by a collective bargaining 
agreement shall be given written notice by the appointing 
authority.  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 
five working days following the receipt of the notice in writing 
or, upon request, in person, to the appointing authority or the 
authority's designee.  The appointing authority shall respond 
within ten working days following receipt of the employee's 
reply or of the personal meeting.  If the employee receives a 
negative reply or no reply from the appointing authority, the 
employee shall have 30 calendar days following the expiration of 
the ten working day response period to appeal the action to the 
office of administrative hearings. The content of that notice as 
well as the employee's right to reply to the appointing 
authority shall be as prescribed in the grievance procedure 
contained in the applicable plan established pursuant to section 
43A.18.  The notice shall also include a statement that the 
employee may elect to appeal the action to the office of 
administrative hearings within 30 calendar days following the 
effective date of the disciplinary action.  A copy of the notice 
and the employee's reply, if any, shall be filed by the 
appointing authority with the commissioner no later than ten 
calendar days following the effective date of the disciplinary 
action.  The commissioner shall have final authority to decide 
whether the appointing authority shall settle the dispute prior 
to the hearing provided under subdivision 4. 
    (b) For discharge, suspension or demotion of an employee 
serving an initial probationary period, and for noncertification 
in any subsequent probationary period, grievance procedures 
shall be as provided in the plan established pursuant to section 
43A.18. 
    (c) Any permanent employee who is covered by a collective 
bargaining agreement may elect to appeal to the chief 
administrative law judge within 30 days following the effective 
date of the discharge, suspension or demotion if the collective 
bargaining agreement provides that option.  In no event may an 
employee use both the procedure under this section and the 
grievance procedure available pursuant to sections 179A.01 to 
179A.25.  
    Sec. 11.  Minnesota Statutes 1986, section 43A.34, 
subdivision 1, is amended to read:  
    Subdivision 1.  [MANDATORY RETIREMENT AGE.] Employees in 
the executive branch who are subject to the provisions of the 
Minnesota state retirement system or the teacher's retirement 
association and who are serving as faculty members or 
administrators under a contract of unlimited terms or similar 
arrangement providing for unlimited tenure at an institution of 
higher education, as defined in section 1201(a) of the federal 
Higher Education Act of 1965, as amended through January 1, 
1987, must retire from employment by the state upon reaching the 
age of 70, except as provided in other law.  Other employees in 
the executive branch who are subject to the provisions of the 
Minnesota state retirement system or the teacher's retirement 
association, except as provided in subdivision 3 or 4, or as 
provided in section 354.44, subdivision 1a, shall not be subject 
to a mandatory retirement age provision.  
    Sec. 12.  Minnesota Statutes 1986, section 43A.34, 
subdivision 3, is amended to read:  
    Subd. 3.  [CORRECTIONAL PERSONNEL EXEMPTED.] 
Notwithstanding the provisions of subdivision 1, Any employee of 
the state of Minnesota in a covered classification as defined in 
section 352.91, who is a member of the special retirement 
program for correctional personnel established pursuant to 
sections 352.90 to 352.95, may elect or be required to retire 
from employment in the covered correctional position upon 
reaching the age of 55 years.  
    A correctional employee occupying a position covered by 
provisions of section 352.91, desiring employment beyond the 
conditional mandatory retirement age shall, at least 30 days 
prior to the date of reaching the conditional mandatory 
retirement age of 55 years, and annually thereafter, request in 
writing to the employee's appointing authority authorization to 
continue in employment in the covered position.  Upon receiving 
the request, the appointing authority shall have a medical 
examination made of the employee.  If the results of the medical 
examination establish the mental and physical ability of the 
employee to continue the duties of employment, the employee 
shall be continued in employment for the following year.  If the 
determination of the appointing authority based upon the results 
of the physical examination is adverse, the disposition of the 
matter shall be decided by the commissioner of corrections or, 
for employees of the Minnesota security hospital, the 
commissioner of human services.  Based on the information 
provided, the decision of the applicable commissioner shall be 
made in writing and shall be final.  
    Sec. 13.  Minnesota Statutes 1986, section 43A.34, 
subdivision 4, is amended to read:  
    Subd. 4.  [STATE PATROL, CONSERVATION AND CRIME BUREAU 
OFFICERS EXEMPTED.] Notwithstanding any provision to the 
contrary, (a) conservation officers and crime bureau officers 
who were first employed on or after July 1, 1973 and who are 
members of the state patrol retirement fund by reason of their 
employment, and members of the Minnesota state patrol division 
of the department of public safety who are members of the state 
patrol retirement association by reason of their employment, 
shall not continue employment after attaining the age of 60 
years, except for a fractional portion of one year that will 
enable the employee to complete the employee's next full year of 
allowable service as defined pursuant to section 352B.01, 
subdivision 3; and (b) conservation officers and crime bureau 
officers who were first employed and are members of the state 
patrol retirement fund by reason of their employment before July 
1, 1973, shall not continue employment after attaining the 
age specified in subdivision 1 of 70 years.  
    Sec. 14.  [WAIVER OF STATUTES, RULES, AND ADMINISTRATIVE 
PROCEDURES FOR EXPERIMENTAL OR RESEARCH PROJECTS.] 
    The commissioner of employee relations may conduct 
experimental or research projects designed to improve 
recruitment, selection, referral, or appointment processes for 
the filling of state classified positions.  
    The commissioner of employee relations shall meet and 
confer with the exclusive bargaining representatives of state 
employees concerning the design and implementation of 
experimental and research projects under this section.  
     Any provision of Minnesota Statutes, sections 43A.09 to 
43A.15, associated personnel rules adopted under section 43A.04, 
subdivision 3, or administrative procedures established under 
section 43A.04, subdivision 4, is waived for the purpose of 
these projects.  This waiver is limited to no more than five 
percent of appointments made under the waivered provisions in 
the preceding fiscal year.  The commissioner shall report by 
March 1, 1988, and January 15, 1989, to the legislative 
commission on employee relations the results of the experimental 
or research projects.  
    Sec. 15.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes, the revisor of 
statutes shall substitute the term "commissioner" for the term 
"director" whenever used to refer to the head of the state 
planning agency, housing finance agency, pollution control 
agency, department of public service, or bureau of mediation 
services.  No substantive change is intended by the substitution 
of terms.  
    Sec. 16.  [REPEALER.] 
    Minnesota Statutes 1986, sections 15.45, subdivision 3; 
15.47; and 43A.34, subdivision 2, are repealed.  Section 14 is 
repealed July 1, 1989. 
    Approved May 20, 1987