Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 567-H.F.No. 2848
An act relating to state government; ratifying labor
agreements; providing for classification changes for
certain employees; requiring a report to the
legislature; raising the salary range for the
executive director of the board on judicial standards;
appropriating money; amending Minnesota Statutes 1990,
sections 15A.083, subdivision 4; 21.85, subdivision 2;
Minnesota Statutes 1991 Supplement, sections 43A.08,
subdivisions 1 and 1a; and 349A.02, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [RATIFICATIONS.]
Subdivision 1. [COUNCIL 6.] The labor agreement between
the state of Minnesota and state bargaining units 2, 3, 4, 6,
and 7, represented by the American Federation of State, County,
and Municipal Employees, Council 6, approved by the legislative
commission on employee relations on July 30, 1991, is ratified.
Subd. 2. [COUNCIL 6.] The labor agreement between the
state of Minnesota and state bargaining unit 8, represented by
the American Federation of State, County, and Municipal
Employees, Council 6, approved by the legislative commission on
employee relations on September 12, 1991, is ratified.
Subd. 3. [PROFESSIONAL EMPLOYEES.] The labor agreement
between the state of Minnesota and the Minnesota Association of
Professional Employees, approved by the legislative commission
on employee relations on September 12, 1991, is ratified.
Subd. 4. [SUPERVISORS.] The labor agreement between the
state of Minnesota and the Middle Management Association,
approved by the legislative commission on employee relations on
September 12, 1991, is ratified.
Subd. 5. [ENGINEERS.] The labor agreement between the
state of Minnesota and the Minnesota Government Engineers
Council, approved by the legislative commission on employee
relations on September 12, 1991, is ratified.
Subd. 6. [MANAGERIAL PLAN.] The commissioner of employee
relations' plan for managerial employees, approved by the
legislative commission on employee relations on September 12,
1991, is ratified.
Subd. 7. [COMMISSIONER'S PLAN.] The commissioner of
employee relations' plan for unrepresented employees, approved
by the legislative commission on employee relations on September
12, 1991, is ratified.
Subd. 8. [SPECIAL TEACHERS.] The labor agreement between
the state of Minnesota and the State Residential Schools
Education Association, approved by the legislative commission on
employee relations on November 19, 1991, is ratified.
Subd. 9. [UNCLASSIFIED EMPLOYEES; HIGHER EDUCATION
COORDINATING BOARD.] The plan for unclassified employees of the
higher education coordinating board, as approved by the
department of employee relations on November 14, 1991, and by
the legislative commission on employee relations on November 19,
1991, is ratified.
Subd. 10. [NURSES.] The labor agreement between the state
of Minnesota and the Minnesota Nurses Association, approved by
the legislative commission on employee relations on January 6,
1992, is ratified.
Subd. 11. [COMMUNITY COLLEGE FACULTY.] The labor agreement
between the state of Minnesota and the Minnesota Community
College Faculty Association, approved by the legislative
commission on employee relations on January 6, 1992, is ratified.
Subd. 12. [UNCLASSIFIED EMPLOYEES, COMMUNITY COLLEGE
SYSTEM.] The plan for unclassified employees of the community
college system, as approved by the department of employee
relations on December 27, 1991, and by the legislative
commission on employee relations on January 6, 1992, is ratified.
Subd. 13. [UNCLASSIFIED EMPLOYEES; TECHNICAL COLLEGE
BOARD.] The plan for unclassified employees of the technical
college board, as approved by the department of employee
relations on November 14, 1991, and by the legislative
commission on employee relations on January 16, 1992, is
ratified.
Subd. 14. [ADMINISTRATIVE LAW JUDGES; OFFICE OF
ADMINISTRATIVE HEARINGS.] The plan for administrative law judges
of the office of administrative hearings, as approved by the
department of employee relations on December 27, 1991, and by
the legislative commission on employee relations on January 16,
1992, is ratified.
Subd. 15. [CHANCELLOR; TECHNICAL COLLEGE SYSTEM.] The
salary for the chancellor of the technical college system,
approved by the legislative commission on employee relations on
January 16, 1992, is ratified.
Subd. 16. [CHANCELLOR; COMMUNITY COLLEGE SYSTEM.] The
salary for the chancellor of the community college system,
approved by the legislative commission on employee relations on
January 16, 1992, is ratified.
Subd. 17. [DIRECTOR; HIGHER EDUCATION COORDINATING BOARD.]
The salary for the director of the higher education coordinating
board, approved by the legislative commission on employee
relations on January 16, 1992, is ratified.
Subd. 18. [CHANCELLOR; HIGHER EDUCATION BOARD.] The salary
for the chancellor of the higher education board, approved by
the legislative commission on employee relations on January 16,
1992, is ratified.
Subd. 19. [STATE UNIVERSITY FACULTY.] The labor agreement
between the state of Minnesota and the inter-faculty
organization, approved by the legislative commission on employee
relations on March 9, 1992, is ratified.
Subd. 20. [STATE UNIVERSITY ADMINISTRATIVE UNIT.] The
labor agreement between the state of Minnesota and the Minnesota
state university association of administrative and service
faculty, approved by the legislative commission on employee
relations on March 9, 1992, is ratified.
Subd. 21. [STATE UNIVERSITY UNREPRESENTED EMPLOYEES PLAN.]
The plan for unrepresented employees of the state university
system, as approved by the department of employee relations on
March 9, 1992, and by the legislative commission on employee
relations on March 9, 1992, is ratified.
Sec. 2. [INTERIM APPROVAL.]
After adjournment of the 1992 session, but before the 1993
session of the legislature, the legislative commission on
employee relations may give interim approval to any negotiated
agreement, arbitration award, salary, or compensation plan
submitted to it under other law. The commission shall submit
the agreement, award, salary, or plan to the entire legislature
for ratification in the same manner and with the same effect as
provided for agreements, awards, salaries, and plans submitted
after adjournment of the legislature in an odd-numbered year.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective the day following final
enactment.
ARTICLE 2
Section 1. [REPORT ON QUASI-STATE AGENCY HEADS.]
The commissioner of employee relations shall evaluate and
submit a report to the chair of the legislative commission on
employee relations and the chairs of the house and senate
governmental operations committees on the appropriate salary
ranges for the director of the state high school league. The
report must include an analysis of the policy implications and
appropriateness of establishing salary ranges for agency heads
and employees of quasi-state agencies. This report must be
submitted by December 15, 1992.
ARTICLE 3
Section 1. Minnesota Statutes 1990, section 15A.083,
subdivision 4, is amended to read:
Subd. 4. [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries
or salary ranges are provided for the following positions in the
judicial branch of government. The appointing authority of any
position for which a salary range has been provided shall fix
the individual salary within the prescribed range, considering
the qualifications and overall performance of the employee. The
supreme court shall set the salary of the state court
administrator and the salaries of district court
administrators. The salary of the state court administrator or
a district court administrator may not exceed the salary of a
district court judge. If district court administrators die, the
amounts of their unpaid salaries for the months in which their
deaths occur must be paid to their estates. The salaries of the
district administrators of the second, fourth, and sixth
judicial districts may be supplemented by the appropriate county
board in an amount not to exceed $10,000 per year. The salary
supplement may be made effective only until January 1, 1988.
The salary of the state public defender shall be 95 percent of
the salary of the attorney general.
Salary or Range
Effective
July 1,
1987 1992
Board on judicial standards
executive director $34,000-$48,000
$44,000-$60,000
Sec. 2. Minnesota Statutes 1990, section 21.85,
subdivision 2, is amended to read:
Subd. 2. [SEED LABORATORY.] The commissioner shall
establish and maintain a seed laboratory for seed testing,
employing necessary agents and assistants to administer and
enforce sections 21.80 to 21.92, none of whom, except those who
are employed on a regular full-time basis, shall come within or
be governed by chapter 43A. The compensation for the
unclassified employees shall be on the basis of a rating and
salary scale determined by the commissioner's plan of the
department of employee relations or the appropriate bargaining
unit contract.
Sec. 3. Minnesota Statutes 1991 Supplement, section
43A.08, subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(1) chosen by election or appointed to fill an elective
office;
(2) 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;
(3) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a and in the
office of strategic and long-range planning;
(4) 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;
(5) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(6) 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;
(7) employees of the Washington, D.C., office of the state
of Minnesota;
(8) 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;
(9) 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
school and resource center for the arts, state universities and
community colleges, but not the custodial, clerical, or
maintenance employees, or any professional or managerial
employee performing duties in connection with the business
administration of these institutions;
(10) officers and enlisted persons in the national guard;
(11) attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with the attorney general's authorization;
(12) 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;
(13) members of the state patrol; provided that selection
and appointment of state patrol troopers must be made in
accordance with applicable laws governing the classified
service;
(14) chaplains employed by the state;
(15) examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce and by professional examining boards;
(16) student workers;
(17) one position in the hazardous substance notification
and response activity in the department of public
safety executive directors or executive secretaries appointed by
and reporting to any policy-making board or commission
established by statute;
(18) employees unclassified pursuant to other statutory
authority;
(19) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation; and
(20) the administrators and the deputy administrators at
the state academies for the deaf and the blind.
Sec. 4. Minnesota Statutes 1991 Supplement, section
43A.08, subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions according to this subdivision: the
departments of administration; agriculture; commerce;
corrections; jobs and training; education; employee relations;
trade and economic development; finance; gaming; health; human
rights; labor and industry; natural resources; office of
administrative hearings; public safety; public service; human
services; revenue; transportation; and veterans affairs; the
housing finance, state planning, and pollution control agencies;
the state lottery division; the state board of investment; the
office of waste management; the offices of the attorney general,
secretary of state, state auditor, and state treasurer; the
state board of technical colleges; the higher education
coordinating board; the Minnesota center for arts education; and
the Minnesota zoological board.
A position designated by an appointing authority according
to this subdivision must meet the following standards and
criteria:
(1) the designation of the position would not be contrary
to other law relating specifically to that agency;
(2) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(3) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with the
governor and the agency head, the employing statutory board or
commission, or the employing constitutional officer;
(6) the position would be at the level of division or
bureau director or assistant to the agency head; and
(7) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 5. Minnesota Statutes 1991 Supplement, section
349A.02, subdivision 4, is amended to read:
Subd. 4. [EMPLOYEES.] The director may appoint other
personnel as necessary to operate the state lottery. All
professional employees as defined in section 179A.03,
subdivision 13, whose primary responsibilities are in marketing
are in the unclassified service. All other employees of the
division are in the classified service in accordance with
chapter 43A. At least one position in the division must be an
attorney position and the director shall employ in that position
an attorney to perform legal services for the division.
Sec. 6. [CLASSIFICATION OF CERTAIN POSITIONS.]
Notwithstanding Laws 1987, chapter 404, section 26,
subdivision 6, professional positions associated with the
outdoor recreation program in the department of trade and
economic development that do not meet the criteria established
in Minnesota Statutes, section 43A.08, subdivision 1a or 2a, are
in the classified service.
Sec. 7. [TRANSFER OF INCUMBENT EMPLOYEES.]
Employees who, on the effective date of this section, hold
or are on leave from positions that are transferred to the
classified service are appointed to the classified civil service
without competitive or qualifying examination. The commissioner
of employee relations shall place the employees in the proper
classifications in the classified service. Each employee is
appointed at no loss in salary or accrued leave benefits. An
employee so appointed shall begin on the effective date of this
act to serve a probationary period appropriate to the class of
their position.
Sec. 8. [RETIREMENT PLANS.]
A person who on the day before the effective date of this
section is a participant in the state unclassified employees
retirement program and whose position is placed in the
classified service under this article or as a result of a plan
required by Laws 1991, chapter 238, article 1, section 20 or 21,
may elect to maintain membership in the unclassified program as
long as the person holds the position or a position in a higher
class in the same agency. When an unclassified position that
entitles a person to participate in the unclassified retirement
program is placed in the classified service, the commissioner of
employee relations shall send written notice to the incumbent of
the position, and to the director of the Minnesota state
retirement system. The notice must state the incumbent's option
under this section. A person eligible to maintain membership in
the unclassified plan must notify the executive director of the
state retirement system of the person's election to maintain
membership in the unclassified plan within 60 days of the date
on which the commissioner sends the notice stating that the
position has been placed in the classified service. A person
who does not send notice is deemed to have waived the right to
remain in the unclassified plan.
Sec. 9. [APPROPRIATION.]
$10,000 is appropriated from the general fund to the board
of judicial standards, to be added to the appropriation in Laws
1991, chapter 345, article 1, section 6, for fiscal year 1993.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 8:16 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes