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Key: (1) language to be deleted (2) new language

    Laws of Minnesota 1993 

                         CHAPTER 15-S.F.No. 300 
           An act relating to local government; permitting 
          sheriff civil service commissions to expand eligible 
          lists in certain circumstances; amending Minnesota 
          Statutes 1992, section 387.36. 
    Section 1.  Minnesota Statutes 1992, section 387.36, is 
amended to read: 
    387.36 [RULES, PROMULGATION.] 
    (a) The commission shall, immediately after its appointment 
and from time to time thereafter, make, alter, amend and 
change adopt rules to promote efficiency in the sheriff's 
department and to carry out the purposes of sections 387.31 to 
    (b) The rules shall must provide among other things for: 
    (1) The classification of all positions and employees in 
the sheriff's 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 
county and posting the advertisement for ten days in the county 
    (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 removal 
of 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 application for employment; 
    (7) The certification of the three names standing highest 
on the appropriate list to fill any vacancy, or any position 
within the sheriff's department, to which the sheriff may choose 
one of the three in procedure according to law; 
    (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 whenever there are no 
names upon the eligible register, for particular positions, 
temporary appointment may be made for employment to continue 
until the position is filled by a candidate from the eligible 
register under provisions of the rules, provided that persons on 
the eligible list at the time of induction or enlistment during 
state of war or emergency into the armed forces of the United 
States shall must retain their position on the eligible 
    (9) Promotion based on competitive examination and upon 
records of efficiency, character, conduct and seniority, with 
appropriate credit given to members of the sheriff's department 
who are candidates in promotional examinations or examinations 
for a higher position; 
    (10) Suspension for cause 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 sections 387.31 to 387.45.  
    (c) When a disparity exists between the make-up of the 
sheriff's 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 paragraph (b), clause (7).  This expanded certification 
must not include a member of a protected group if a member of 
that group is one of the three candidates certified under 
paragraph (b), clause (7).  A certification 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.  This expanded certification 
applies only to positions to be filled from the public, and does 
not apply to promotional appointments. 
    (d) Copies of such the rules shall must be kept posted in 
a conspicuous place in the sheriff's main office.  
     Sec. 2.  [EFFECTIVE DATE.] 
     Section 1 is effective the day following final enactment. 
    Presented to the governor April 7, 1993 
    Signed by the governor April 7, 1993, 3:25 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes