Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 140-H.F.No. 1201 
           An act relating to local government; permitting police 
          and fire civil service commissions to expand certified 
          lists in certain circumstances; amending Minnesota 
          Statutes 1990, sections 419.06; and 420.07. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 419.06, is 
amended to read: 
    419.06 [RULES FOR POLICE DEPARTMENT.] 
    The commission shall, immediately after its appointment and 
from time to time thereafter, make, amend, alter, and change 
adopt rules to promote efficiency in the police department 
service and to carry out the purposes of this chapter.  The 
rules shall must provide among other things for: 
    (1) The classification of all offices and employments in 
the police department; 
    (2) Public competitive examinations to test the relative 
fitness of applicants; 
    (3) Public advertisements of all examinations at least ten 
days in advance in a newspaper of general circulation in the 
city and posting the advertisement for ten days in the city hall 
and at each station house; 
    (4) The creation and maintenance of lists of eligible 
candidates after successful examination in order of their 
standing in the examination and without reference to the time of 
examination, which shall must be embraced included in an 
eligible register; 
    (5) The commission may by rule provide for striking any 
name from the eligible register after it has been on the 
register for two years thereon; 
    (6) The rejection of candidates or eligibles who, after the 
entry of their names, shall fail to comply with the reasonable 
rules and requirements of the commission in respect to age, 
residence, physical condition, or otherwise, or who have been 
guilty of criminal, infamous, or disgraceful conduct, or of any 
willful misrepresentation, deception, or fraud in connection 
with their applications for employment; 
    (7) The certification of the three names standing highest 
on the appropriate list to fill any vacancy; 
    (8) Temporary employment without examination, with the 
consent in each case of the commission, in cases of emergency, 
but no such temporary employment shall may continue more than 30 
days nor shall may successive temporary employments be permitted 
for the same position; provided, that until 60 days after 
cessation of hostilities in the present a war as declared by 
proper federal authority, whenever there are no names upon the 
eligible register, temporary appointment may be made for 
employment to continue until the position is filled by a 
candidate from the eligible register under the provisions of the 
rules, provided that persons on the eligible list at the time of 
induction into the armed forces of the United States shall must 
retain their position on the eligible register; 
    (9) Promotion based on competitive examination and upon 
records of efficiency, character, conduct and seniority; 
    (10) Suspension with or without pay for not longer than 60 
days and for leave of absence, with or without pay; and 
    (11) Such Other rules not inconsistent with the provisions 
of this chapter as may, from time to time, be found necessary to 
secure the purposes of this chapter. 
    When a disparity exists between the make-up of the police 
department and its approved affirmative action goals, the 
commission may certify up to two eligible candidates from each 
protected group for which a disparity exists.  This 
certification is in addition to the three candidates certified 
under clause (7).  This expanded certification may not include a 
member of a protected group if a member of that group is one of 
the three candidates certified under clause (7).  Certifications 
under this paragraph must be made from the list of eligible 
candidates who have successfully completed the examination, in 
order of their standing in the examination.  These expanded 
certification procedures apply only to positions to be filled 
from the public, and do not apply to promotional appointments.  
    Copies of such rules shall must be kept posted in a 
conspicuous place at each police station house and no rules of 
general application with reference to employment, promotion, 
discharge, or suspension shall be are effective until so posted. 
    Sec. 2.  Minnesota Statutes 1990, section 420.07, is 
amended to read: 
     420.07 [RULES FOR FIRE DEPARTMENT SERVICE.] 
    The commission shall, immediately after its appointment and 
from time to time thereafter make, amend, alter, and change 
adopt rules to promote efficiency in the fire department service 
and to carry out the purposes of this chapter.  The rules shall 
must provide among other things for: 
    (1) The classification of all offices and employments in 
the fire department; 
    (2) Public competitive examinations to test the relative 
fitness of applicants; 
    (3) Public advertisement of all examinations at least ten 
days in advance in a newspaper of general circulation in said 
city and posting the advertisement for ten days in the city hall 
and at each station house; 
    (4) The creation and maintenance of lists of eligible 
candidates after successful examination in order of their 
standing in the examination and without reference to the time of 
examination, which lists shall must be embraced included in an 
eligible register; 
    (5) The commission may by rule provide for striking any 
name from the eligible register after it has been on the 
register for two years thereon; 
    (6) The rejection of candidates or eligibles who, after the 
entry of their names shall fail to comply with the reasonable 
rules and requirements of the commission in respect to age, 
resident, physical condition or otherwise, or who have been 
guilty of criminal, infamous, or disgraceful conduct, or of any 
willful misrepresentation, deception or fraud in connection with 
the examination or in connection with their applications for 
employment; 
    (7) The certification of the three names standing highest 
on the appropriate list to fill any vacancy; 
    (8) Temporary employment without examination, with the 
consent in each case of the commission, in cases of emergency, 
but no such temporary employment shall must continue more than 
30 days nor shall must successive temporary employments be 
permitted for the same position; 
    (9) Promotion based on competitive examination and upon 
records of efficiency, character, conduct, and seniority; 
    (10) Suspension with or without pay, for not longer than 60 
days and for leave of absence, with or without pay; and 
    (11) Such Other rules not inconsistent with the provisions 
of this chapter as may from time to time be found necessary to 
secure the purposes of this chapter.  
    When a disparity exists between the make-up of the fire 
department and its approved affirmative action goals, the 
commission may certify up to two eligible candidates from each 
protected group for which a disparity exists.  This 
certification is in addition to the three candidates certified 
under clause (7).  This expanded certification may not include a 
member of a protected group if a member of that group is one of 
the three candidates certified under clause (7).  Certifications 
under this paragraph must be made from the list of eligible 
candidates who have successfully completed the examination, in 
order of their standing in the examination.  These expanded 
certification procedures apply only to positions to be filled 
from the public, and do not apply to promotional appointments.  
    Copies of such rules shall must be kept posted in a 
conspicuous place at each fire station house, and no rules of 
general application with reference to employment, promotion, 
discharge, or suspension shall be are effective until so posted. 
     Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 23, 1991, 6:49 p.m.