Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 453-H.F.No. 2772 
                  An act relating to state government; public 
                  employment; establishing a pilot project in certain 
                  agencies; permitting the waiver of rules governing the 
                  classified and unclassified service of the state by 
                  joint committees. 
        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 agencies listed in 
        subdivision 2 who are represented by exclusive representatives; 
        and 
           (3) "management-level employees" means employees in the 
        agencies 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 AGENCIES.] 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 department of human services and the 
        department of transportation. 
           Subd. 3.  [JOINT COMMITTEES.] Within 30 days of the 
        effective date of this section, each exclusive representative of 
        employees in each agency 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 agency.  Each bargaining unit within an agency 
        must have at least one representative on the committee, but the 
        total number of employee members may not exceed ten.  The head 
        of each agency shall appoint an equal number of management-level 
        employees to serve on the committee.  The committee may: 
           (1) review the agency's operations to determine whether the 
        agency 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 agency head and to the 
        task force established by Laws 1993, chapter 301, section 1, 
        subdivision 6, 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, the task force established by 
        Laws 1993, chapter 301, section 1, subdivision 6, may submit the 
        list of recommended waivers to the commissioner of employee 
        relations.  The commissioner shall then grant the waivers 
        requested by the task force, effective for the requesting 
        agency, for a period ending June 30, 1998, 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 any waivers on agency 
        operations, service delivery, and employees.  By July 1, 1995, 
        1996, and 1997, the committee in each agency shall report to the 
        agency head, identifying any waiver that failed to foster 
        innovative policies or procedures or that adversely affected the 
        agency's operations and recommending any additional waivers 
        that, in the committee's opinion, would further foster 
        innovation.  Each agency 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, 1994, 1995, and 
        1996, and at its conclusion. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective July 1, 1994. 
           Presented to the governor April 14, 1994 
           Signed by the governor April 18, 1994, 3:06 p.m.