Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 35-S.F.No. 903 
           An act relating to public employees; authorizing a 
          local police civil service commission to adopt rules 
          allowing the striking of a name on the civil service 
          eligible register after a one-year period; amending 
          Minnesota Statutes 1992, section 419.06. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 419.06, is 
amended to read: 
     419.06 [RULES FOR POLICE DEPARTMENT.] 
     The commission shall adopt rules to promote efficiency in 
the police department service and to carry out the purposes of 
this chapter.  The rules 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 must be 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 one year; 
    (6) The rejection of candidates or eligibles who, after the 
entry of their names, 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 may continue more than 30 days 
nor may successive temporary employments be permitted for the 
same position; provided, that until 60 days after cessation of 
hostilities in 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 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) 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 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 are effective until posted. 
    Presented to the governor April 21, 1993 
    Signed by the governor April 21, 1993, 3:50 p.m.