Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 162-H.F.No. 1104 
           An act relating to Ramsey county; increasing the size 
          of the personnel board; permitting the personnel 
          director to issue certain subpoenas; amending 
          Minnesota Statutes 1988, sections 383A.287, 
          subdivision 2; and 383A.294, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 383A.287, 
subdivision 2, is amended to read: 
    Subd. 2.  [ORGANIZATION.] The county board, by a majority 
vote, shall appoint five seven 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. 
    Sec. 2.  Minnesota Statutes 1988, section 383A.294, is 
amended by adding a subdivision to read: 
     Subd. 6.  [PRODUCTION OF DOCUMENTS.] The personnel director 
may make a written request to an employee to produce relevant 
documents or to a person to appear for the purpose of giving 
relevant oral statements or testimony relating to a disciplinary 
action of an employee.  An employee who is the subject of a 
disciplinary action may make a written request to the personnel 
director for the production of relevant documents or for the 
appearance of a person to give relevant oral statements or 
testimony relating to the disciplinary action.  The request for 
the appearance of a person may be to appear and testify at a 
hearing of the personnel review board or to appear at a 
specified place to give an oral statement prior to a hearing of 
the personnel review board.  The personnel director, or the 
employee upon receipt of a request for production of relevant 
documents, shall furnish the requesting party the documents 
within ten days of receipt of the written request.  A person to 
whom a request for an appearance has been made shall appear at 
the time and place designated in the request.  If a party to 
whom a request for relevant documents has been made fails to 
furnish the documents to the requesting party within ten days of 
receipt of the request, the requesting party may make an 
application to the district court for a determination that the 
refusal to produce the documents was unreasonable.  If a person 
to whom a request for appearance has been made fails to appear 
at the time and place designated in the request, the party 
making the request for appearance may make an application to the 
district court for a determination that the failure to appear 
was unreasonable.  If the district court determines that a 
failure to produce requested documents or to appear was 
unreasonable, it may assess costs not exceeding $100 to the 
requesting party against the refusing party or person. 
     Sec. 3.  [LOCAL APPROVAL.] 
     This act takes effect the day after the Ramsey county board 
complies with Minnesota Statutes, section 645.021, subdivision 3.
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 5:05 p.m.