Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 301-S.F.No. 1418 
           An act relating to state government; public 
          employment; establishing a pilot project in certain 
          entities; permitting the waiver of rules governing the 
          classified and unclassified service of the state by 
          joint committees; requiring the commissioner of 
          employee relations to conduct experimental or research 
          projects to improve human resource management 
          practices. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [CIVIL SERVICE PILOT PROJECT.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of this section:
    (1) "civil service rules" means rules, procedures, and 
policies of the commissioner of employee relations governing the 
classified and unclassified service of the state, except for 
rules, procedures, and policies governing affirmative action and 
seniority; 
    (2) "employees" means employees in the entities listed in 
subdivision 2 who are represented by exclusive representatives; 
and 
    (3) "management-level employees" means employees in the 
entities listed in subdivision 2 who are covered by the 
managerial plan adopted by the commissioner of employee 
relations under Minnesota Statutes, section 43A.18, subdivision 
3. 
    Subd. 2.  [PARTICIPATING ENTITIES.] Notwithstanding 
Minnesota Statutes, sections 43A.04; 43A.07; 43A.08; 43A.09 to 
43A.15; 85A.02, subdivision 5a; and 462A.04, subdivision 8, 
civil service rules may be waived under subdivision 4 with 
respect to employees in the office of the state auditor and the 
Minnesota housing finance agency. 
    Subd. 3.  [JOINT COMMITTEES.] Within 30 days of the 
effective date of this section, each exclusive representative of 
employees in each entity listed in subdivision 2 shall appoint 
employees from the exclusive representative's bargaining unit to 
serve on a joint committee to review civil service rules 
governing the entity.  Each bargaining unit within an entity 
must have at least one representative on the committee, but the 
total number of employee members may not exceed ten.  The head 
of each entity shall appoint an equal number of management-level 
employees to serve on the committee.  The committee shall: 
    (1) review the entity's operations to determine whether the 
entity could perform its functions and deliver its services more 
efficiently and effectively by the adoption of innovative 
policies or procedures; 
    (2) identify any civil service rule that prevents the 
adoption of innovative policies or procedures; 
    (3) determine whether innovation would be fostered if the 
rule were wholly or partially waived; and 
    (4) report its conclusions to the entity head, including 
its recommendations for the whole or partial waiver of civil 
service rules. 
    Subd. 4.  [WAIVER.] (a) Upon receipt of the committee 
report required by subdivision 3, each entity head shall submit 
the list of recommended waivers to the commissioner of employee 
relations.  The commissioner shall then grant the waivers 
requested by each entity, effective for the requesting entity, 
for a period ending June 30, 1997, subject to the restrictions 
in paragraph (b) and to revision in accordance with subdivision 
5.  The commissioner shall waive a rule by granting a variance 
under Minnesota Statutes, section 14.05, subdivision 4.  
    (b) The commissioner may not grant a waiver if it would 
result in the layoff of classified employees or unclassified 
employees covered by a collective bargaining agreement except as 
provided in a plan negotiated under Minnesota Statutes, chapter 
179A, that provides options to layoff for employees who would be 
affected.  If a proposed waiver would violate the terms of a 
collective bargaining agreement reached under Minnesota 
Statutes, chapter 179A, the waiver may not be granted without 
the consent of the exclusive representative that is a party to 
the agreement. 
    Subd. 5.  [REVIEW.] The committees established under 
subdivision 3 shall monitor the effects of the waivers on entity 
operations, service delivery, and employees.  By July 1, 1993, 
1994, and 1995, the committee in each entity shall report to the 
entity head, identifying any waiver that failed to foster 
innovative policies or procedures or that adversely affected the 
entity's operations and recommending any additional waivers 
that, in the committee's opinion, would further foster 
innovation.  Each entity head shall report the committee's 
findings to the commissioner of employee relations, and the 
commissioner shall reinstate any civil service rule whose waiver 
did not bring about a positive result and grant any additional 
waivers recommended by each committee.  The commissioner shall 
report to the legislative commission on employee relations on 
the results of the pilot project by September 1, 1993, 1994, and 
1995, and at its conclusion. 
     Subd. 6.  [PILOT PROJECTS.] The commissioner of employee 
relations shall meet and confer with affected exclusive 
representatives of state employees to design pilot projects that 
will improve human resource practices in the state civil service 
within executive branch agencies.  To further projects under 
this subdivision, the commissioner shall convene a task force to 
propose and review pilot projects affecting employees and 
positions represented by exclusive representatives.  The task 
force must consist of a representative of each of the ten 
exclusive representatives of employees in the executive branch, 
selected by the exclusive representatives, and no more than an 
equal number of management-level employees selected by the 
commissioner.  The task force shall consider projects to improve 
human resource practices and may also consider innovative 
projects that introduce total quality management practices or 
that empower employees in the workplace.  The impact of job 
security and retraining efforts in the organization of work may 
also be examined, as well as any other practices, procedures, or 
theories designed to improve service to the customers of state 
agencies and to taxpayers in general.  For projects conducted in 
particular departments or agencies or affecting only employees 
represented by one or more exclusive representatives, the task 
force shall designate a pilot project team of affected parties 
made up equally of representatives of exclusive representatives 
and management-level employees.  The task force or project teams 
may also involve or consult with representatives of other 
affected groups as necessary.  If the task force determines that 
a project could be implemented only by waiving any civil service 
rule, the task force may request the commissioner to grant a 
waiver.  The commissioner may grant the waiver, subject to the 
limitations in subdivision 4, paragraph (b).  The task force 
shall measure and monitor the results of a project conducted 
under a waiver.  The commissioner shall notify the legislative 
commission on employee relations before conducting any projects 
under this subdivision and shall report any results from these 
projects to the commission by September 1, 1993, September 1, 
1994, and September 1, 1995.  This subdivision is repealed June 
30, 1995. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective July 1, 1993. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 3:48 p.m.