Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 74-H.F.No. 510 
           An act relating to Dakota county; providing for the 
          creation, organization, powers, and duties of a 
          personnel system; authorizing the county to provide 
          certain services to the Dakota county historical 
          society; proposing coding for new law as Minnesota 
          Statutes, chapter 383D. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [383D.21] [PERSONNEL ADMINISTRATION SYSTEM; 
RESOLUTION TO ESTABLISH SYSTEM.] 
    The Dakota county board may establish a county personnel 
administration system by a resolution creating an employee 
relations department, establishing its effective date and 
appointing a personnel board of appeals pursuant to section 10. 
    Sec. 2.  [383D.22] [DEFINITIONS.] 
    Subdivision 1.  For the purpose of sections 1 to 15, unless 
the context clearly indicates that a different meaning is 
intended, the terms defined in this section have the following 
meanings. 
    Subd. 2.  "Appointing authority" means an official, 
employee, board, or commission, or other person or body 
empowered by law, ordinance, or resolution to make an 
appointment to a position as a county employee within the scope 
of sections 1 to 15. 
    Subd. 3.  "Director" means the director of the employee 
relations department.  
    Subd. 4.  "Employee relations department" means the 
employee relations director and the employees engaged in the 
administration of the employee relations department. 
    Subd. 5.  "Board of appeals" means the personnel board of 
appeals established pursuant to section 10. 
    Subd. 6.  "Classified service" means all positions existing 
on the effective date of this act or subsequently created that 
are under the jurisdiction of the employee relations department 
pursuant to section 3, subdivision 1.  
    Subd. 7.  "Unclassified service" means all positions that 
are not in the classified service. 
    Sec. 3.  [383D.23] [JURISDICTION.] 
    Subdivision 1.  Except for the positions excluded under 
subdivisions 2 and 3, the jurisdiction of a department created 
pursuant to section 1 shall include every county public 
employment position for which the appointing authority is: 
    (a) the county board; 
    (b) the county welfare board; 
    (c) the county human services board; 
    (d) an elected county official; 
    (e) an appointed county department head; or 
    (f) a commission or board appointed by the county board.  
All positions within the jurisdiction of the department are 
classified. 
    Subd. 2.  The following are excluded from the jurisdiction 
of the department and are unclassified: 
    (a) positions filled by election; 
    (b) positions for which a county or district court judge is 
the appointing authority; 
    (c) positions designated by the county board or by law as 
department heads and filled by the county board; 
    (d) positions designated by the county board or by law as 
department heads and filled by a board or commission appointed 
by the county board; 
    (e) one chief or principal assistant designated by each 
department head; 
    (f) one personal secretary designated by each elected 
department; and 
    (g) assistant county attorneys, student law clerks, or 
special investigators in the employ of the county attorney. 
    Subd. 3.  At the option of the county board, the following 
may be excluded from the jurisdiction of the department: 
    (a) any positions subject to merit systems established or 
authorized pursuant to sections 12.22, subdivision 3, 144.071, 
256.012, and 387.31 to 387.45 or federal law; 
    (b) positions designated as temporary or seasonal; 
    (c) special deputies and volunteers serving without pay; 
    (d) students in training; and 
    (e) positions that meet the following criteria: 
    (i) exclusion is consistent with other law relating 
specifically to that department; 
    (ii) the position is that of a supervisor or department 
assistant who would report directly to the department head or 
the chief deputy or principal assistant of the department head 
and be a part of the department head's management team; and 
    (iii) the duties of the position involve significant 
discretion and substantial involvement in the development, 
interpretation, and implementation of department policy. 
    The employee relations director shall certify whether the 
designation is consistent with the standards and criteria in 
this section.  The county board may appeal certification 
decisions to the personnel board of appeals. 
    Subd. 4.  An appointing authority may appoint an employee 
to the unclassified service in accordance with this 
subdivision.  Positions in the unclassified service are not 
required to be filled by competitive examination, but shall be 
subject to an open application and screening process.  An 
employee in the unclassified service is entitled to all fringe 
and compensation benefits afforded to similarly situated 
employees in the classified service such as, but not limited to, 
vacation leaves, holiday leave, health care insurance, and other 
benefits as determined by the county board. 
    Sec. 4.  [383D.24] [EMPLOYEE RELATIONS DIRECTOR 
APPOINTMENT.] 
    After the county board has adopted the resolution 
authorized in section 1, it shall promptly appoint an employee 
relations director or assign the function of employee relations 
director to an existing officer or employee.  If Dakota county 
elects to operate under an optional form of government pursuant 
to section 375A.01 to 375A.13, the authority to appoint the 
employee relations director shall be the same as for the 
appointment of other department heads.  The terms and conditions 
of employment of the person appointed as director or assigned 
the function of director shall be established by the county 
board.  
    Sec. 5.  [383D.25] [DUTIES AND POWERS OF THE DIRECTOR.] 
    Subdivision 1.  [PERSONNEL ADMINISTRATION RULES.] The 
director shall prepare personnel rules, which shall be effective 
upon approval by the county board, to carry out sections 1 to 15.
The rules shall provide, among other things, for: 
    (a) A classification plan and classification of positions 
within the jurisdiction of the employee relations department in 
accordance with the plan; 
    (b) Creation and maintenance of lists of eligibles.  No 
name shall remain on an eligible list for more than two years;  
    (c) Certification of names to the appointing authority from 
the eligible list for appointment, promotion, or reemployment; 
    (d) Establishment of procedures to recruit, select, and 
advance personnel on the basis of relative ability, knowledge, 
and skills; 
    (e) Establishment of procedures to assure nondiscriminatory 
and fair treatment of applicants and employees in all aspects of 
personnel administration without regard to political 
affiliation, race, color, national origin, sex, or religion; 
    (f) Establishment of procedures for suspension or 
termination or other disciplinary action, including procedures 
for appeal of actions by appointing authorities with respect to 
suspension or termination or other disciplinary action; 
    (g) Establishment of rules and procedures to authorize 
employees within the jurisdiction of the employee relations 
department to take a leave of absence from their duties to 
accept appointment to an unclassified position. 
    Subd. 2.  [ADMINISTRATION.] The director shall administer 
the department.  In addition to other duties imposed by sections 
1 to 15, the director shall: 
    (a) Appoint, supervise, and direct the work of the 
employees of the department. 
    (b) Schedule and conduct hearings as required by rules 
adopted pursuant to sections 1 to 15 or at the direction of the 
county board. 
    (c) Provide for, formulate, and hold competitive 
examinations as required by rule to determine the qualifications 
of persons seeking employment in positions within the 
jurisdiction of the department. 
    (d) Investigate the administration and effect of rules made 
under sections 1 to 15 and report the findings and 
recommendations to the county board. 
    (e) Establish programs for training and continuing 
education of employees as deemed appropriate by the county board 
to improve the quality of service of employees holding positions 
within the jurisdiction of the department. 
    (f) Prepare a compensation plan and recommend a schedule of 
salary or wage rates for all county positions within the 
jurisdiction of the department for adoption by the county board. 
    Sec. 6.  [383D.26] [PAYROLLS APPROVED BY DIRECTOR.] 
    No disbursing officer shall pay a salary or compensation 
for service to a person holding a position within the 
jurisdiction of a department established pursuant to sections 1 
to 15 unless the payroll or account for the salary or 
compensation is certified by the employee relations director or 
an authorized employee of the director that the person paid or 
compensated has been appointed and employed in accordance with 
sections 1 to 15 and rules adopted under them. 
    Sec. 7.  [383D.27] [CIVIL SERVICE AND MERIT SYSTEM 
RELATIONSHIPS.] 
    Unless the county board has elected to exclude some or all 
positions otherwise subject to merit systems established under 
sections 12.22, subdivision 3, 144.071, 256.012, and 387.31 to 
387.45, from the jurisdiction of the employee relations 
department, those sections and any rules promulgated under them 
shall be superseded as far as they are inconsistent with 
sections 1 to 15, but no position subject to merit systems 
established pursuant to sections 12.22, subdivision 3, 144.071, 
and 256.012, shall be removed from existing merit system 
coverage and placed under a department established pursuant to 
sections 1 to 15, until the department is certified in 
accordance with the United States office of personnel 
management's standards for a merit system of personnel 
administration.  Nothing in section 387.43 shall be construed to 
prohibit the inclusion of sheriff's department personnel in a 
personnel system established pursuant to sections 1 to 15.  
    Sec. 8.  [383D.28] [VETERANS TO BE GIVEN PREFERENCE.] 
    Nothing in sections 1 to 15 shall be construed to remove, 
limit, or extend the rights and preferences of veterans 
established by sections 197.455 and 197.46, except that the 
county board may enact rules relative to retirement age which 
shall apply to veterans on the same basis as other persons. 
    Sec. 9.  [383D.29] [COLLECTIVE BARGAINING RELATIONSHIPS.] 
    Subdivision 1.  For purposes of negotiating collective 
bargaining agreements and resolving grievances involving them 
pursuant to sections 179A.01 to 179A.25, the appointing 
authority and the county board shall be deemed the joint 
employer for positions within the jurisdiction of the employee 
relations department.  Both shall be signatories to negotiated 
agreements or grievance settlements.  If the county board and 
the appointing authority disagree as to the final terms of a 
negotiated agreement or grievance settlement, the decision of 
the county board shall be final and binding on behalf of the 
county as employer for all employees of the county, including 
employees under the jurisdiction of an appointing authority 
other than the county board.  
    Subd. 2.  Any employee holding a position covered by 
sections 1 to 15 shall, upon the effective date of the 
establishment of a county personnel administration system, 
retain the position without further examination and suffer no 
loss in wages, seniority, or benefits as the result of the 
implementation of sections 1 to 15. 
    Sec. 10.  [383D.30] [PERSONNEL BOARD OF APPEALS.] 
    Subdivision 1.  The county board shall appoint three 
persons to serve staggered terms as members of a personnel board 
of appeals.  After the first appointments, successors shall 
serve for terms of three years each.  Expiration dates for 
expiring terms shall be fixed by the county board and vacancies 
shall be filled by a majority vote of the county board for the 
unexpired term.  Persons appointed to the personnel board of 
appeals shall not serve while holding any county office, while 
standing as a candidate for any county office, or while employed 
by the county.  Each member shall be a resident of the county 
and shall forfeit office on becoming a nonresident.  
    Subd. 2.  Compensation for members of the personnel board 
of appeals shall be set by the county board and each member 
shall be paid actual and necessary expenses.  
    Subd. 3.  The personnel board of appeals shall organize by 
electing a chair and vice-chair.  It shall develop rules of 
procedure for matters brought before it under sections 1 to 15 
and rules promulgated under sections 1 to 15. 
    Sec. 11.  [383D.31] [DUTIES OF BOARD OF APPEALS.] 
    Subdivision 1.  [JURISDICTION.] The personnel board of 
appeals shall meet upon call of its chair or the employee 
relations director to make findings and report to the county 
board within 30 days of the filing of an appeal by an applicant, 
employee, or appointing authority in the following circumstances:
    (a) Alleged arbitrary or capricious action by the county 
board with respect to final establishment of rules under 
sections 1 to 15. 
    (b) Alleged discrimination by the employee relations 
director or the director's employees in examination procedures 
or preparation of lists of eligible candidates, or 
discriminatory use of them by the appointing authority under 
sections 1 to 15 or rules promulgated under them.  
    (c) Alleged misinterpretation or evasion by the director or 
the county board of a provision of sections 1 to 15 or the rules 
promulgated under them in a manner seriously detrimental to the 
party bringing the appeal. 
    (d) Other matters of grievance as provided for in rules 
promulgated under sections 1 to 15. 
    Subd. 2.  [PROCEDURES.] The personnel board of appeals 
shall establish procedures for appeals to the board.  
    Subd. 3.  [APPEAL FINDINGS.] Findings and reports of the 
personnel board of appeals shall be submitted to the county 
board for consideration and action as deemed appropriate by the 
county board, but, to the extent required for employees of 
departments and agencies paid in full or in part by federal 
funds, the findings of the personnel board of appeals shall be 
final and binding if necessary to conform to a federal or state 
regulation affecting the department or position. 
    Sec. 12.  [383D.32] [JUDICIAL REVIEW.] 
    An employee or appointing authority may appeal from an 
order of the board of appeals in accordance with chapter 14. 
    Sec. 13.  [383D.33] [APPROPRIATION BY COUNTY BOARD.] 
    The county board may make appropriations as necessary to 
carry out sections 1 to 15. 
    Sec. 14.  [383D.34] [FEDERAL AID FOR MANPOWER SERVICES.] 
    The county may receive financial assistance from agencies 
of the United States, and plan for, and carry out comprehensive 
manpower services as provided for in the Emergency Employment 
Act of 1971, as amended, and the Comprehensive Employment and 
Training Act of 1973, as amended. 
    Sec. 15.  [383D.35] [PROTECTION OF RIGHTS UNDER STATE AND 
FEDERAL LAWS.] 
    Subdivision 1.  Nothing in sections 1 to 14 shall be 
construed to permit or encourage any action or conduct 
prohibited by the Minnesota human rights act or prohibit 
recourse to any remedies provided in the Minnesota human rights 
act or any other state or federal law relating to equal 
employment opportunities.  The provisions of those laws shall 
continue to apply to county employment generally, including 
positions excluded from the jurisdiction of the county personnel 
administration system. 
    Subd. 2.  Nothing in sections 1 to 14 shall be construed to 
affect the rights and obligations of an employee or employer 
under sections 179A.01 to 179A.25, or the provisions of a 
contract or agreement executed pursuant to them. 
    Subd. 3.  Any employee in the unclassified service may be 
demoted or removed from the employee's position in the 
unclassified service without cause and at the discretion and 
pleasure of the appointing authority, but, unless otherwise 
provided by law, no permanent county employee, who has 
successfully completed the employee's probationary period of 
employment with the county, shall be dismissed from employment 
with the county without the establishment of just cause.  For 
purposes of this subdivision, just cause includes, but is not 
limited to, failure to perform assigned duties, substandard 
performance, misconduct, insubordination, and violation of 
written policies and procedures.  
    Sec. 16.  [383D.45] [HISTORICAL SOCIETY.] 
    Dakota county, in addition to the authority provided by 
section 138.051, may provide financial and accounting services, 
including payroll management and records, to the Dakota county 
historical society.  Notwithstanding this section or any other 
law to the contrary, Dakota county historical society employees 
shall not be deemed county employees for any other purpose. 
    Sec. 17.  [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 Dakota county 
board. 
    Approved May 11, 1987