Minnesota Session Laws - 1992, Regular Session

  

                         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.