Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 79-H.F.No. 1162
An act relating to state employment; making changes of
a technical and housekeeping nature; amending
Minnesota Statutes 1996, sections 43A.01, subdivision
2; 43A.02, subdivisions 1, 14, 20, 30, and 37; 43A.04,
subdivisions 1, 2, 3, and 9; 43A.05, subdivisions 1
and 3; 43A.08, subdivisions 1 and 1a; 43A.13,
subdivision 7; 43A.27, subdivision 1; 43A.30,
subdivision 1; and 43A.36, subdivisions 1 and 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 43A.01,
subdivision 2, is amended to read:
Subd. 2. [PRECEDENCE OF MERIT PRINCIPLES AND
NONDISCRIMINATION.] It is the policy of this state to provide
for equal employment opportunity consistent with chapter 363 by
ensuring that all personnel actions be based on the ability to
perform the duties and responsibilities assigned to the position
without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with
regard to public assistance, or political affiliation. It is
the policy of this state to take affirmative action to eliminate
the underutilization of qualified members of protected groups in
the civil service, where such action is not in conflict with
other provisions of this chapter or chapter 179, in order to
correct imbalances and eliminate the present effects of past
discrimination.
No contract executed pursuant to chapter 179 179A shall
modify, waive or abridge this section and sections 43A.07 to
43A.13, 43A.15, and 43A.17 to 43A.21, except to the extent
expressly permitted in those sections.
Sec. 2. Minnesota Statutes 1996, section 43A.02,
subdivision 1, is amended to read:
Subdivision 1. [INTERPRETATION.] Unless the language or
context indicates that a different meaning is intended, the
following terms, for the purposes of Laws 1981, this chapter
210, have the meanings given them in this section.
Sec. 3. Minnesota Statutes 1996, section 43A.02,
subdivision 14, is amended to read:
Subd. 14. [COMMISSIONER'S PLAN.] "Commissioner's plan"
means the plan required by section 3.855 regarding total
compensation and terms and conditions of employment, including
grievance administration, for employees of the executive branch
who are not otherwise provided for in Laws 1981, this chapter
210 or other law.
Sec. 4. Minnesota Statutes 1996, section 43A.02,
subdivision 20, is amended to read:
Subd. 20. [ELIGIBLE LIST.] "Eligible list" means a list of
candidates qualified under provisions of Laws 1981, this chapter
210 for employment in a specific class.
Sec. 5. Minnesota Statutes 1996, section 43A.02,
subdivision 30, is amended to read:
Subd. 30. [PERMANENT STATUS.] "Permanent status" means the
state or condition achieved by a tenured laborer or by an
employee in the classified service who has successfully
completed an initial probationary period or a probationary
period required following reinstatement or reemployment, or
whose probationary period is waived through specific statutory
direction.
Sec. 6. Minnesota Statutes 1996, section 43A.02,
subdivision 37, is amended to read:
Subd. 37. [REEMPLOYMENT LIST.] "Reemployment list" means
an eligible list by class of current or former permanent or
probationary employees laid off, demoted in lieu of layoff, or
separated in good standing from the class, or former permanent
or probationary employees of the class who are receiving
disability benefits under a state retirement plan and whose
written applications for consideration for reemployment in the
class have been approved by the commissioner.
Sec. 7. Minnesota Statutes 1996, section 43A.04,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE LEADERSHIP.] (a) The
commissioner is the chief personnel and labor relations manager
of the civil service in the executive branch.
Whenever any power or responsibility is given to the
commissioner by any provision of Laws 1981, this chapter 210,
unless otherwise expressly provided, the power or authority
applies to all employees of agencies in the executive branch and
to employees in classified positions in the office of the
legislative auditor, the Minnesota state retirement system, the
public employees retirement association, and the teacher's
retirement association. Unless otherwise provided by law, the
power or authority does not apply to unclassified employees in
the legislative and judicial branches.
(b) The commissioner shall operate an information system
from which personnel data, as defined in section 13.43,
concerning employees and applicants for positions in the
classified service can be retrieved.
The commissioner has access to all public and private
personnel data kept by appointing authorities that will aid in
the discharge of the commissioner's duties.
(c) The commissioner may consider and investigate any
matters concerned with the administration of provisions of Laws
1981, this chapter 210, and may order any remedial actions
consistent with law.
(d) The commissioner has sole authority to settle state
employee workers' compensation claims.
(e) The commissioner may assess or establish and collect
premiums from all state entities to cover the costs of programs
under sections 15.46 and 176.603.
Sec. 8. Minnesota Statutes 1996, section 43A.04,
subdivision 2, is amended to read:
Subd. 2. [EXECUTIVE DIRECTION.] The commissioner shall
direct all departmental services, appoint employees and may
enter into contracts to carry out the provisions of Laws 1981,
this chapter 210.
Sec. 9. Minnesota Statutes 1996, section 43A.04,
subdivision 3, is amended to read:
Subd. 3. [RULES.] The commissioner shall adopt rules under
the administrative procedure act to implement the provisions of
this chapter that directly affect the rights of or processes
available to the general public. The rules have the force and
effect of law and may include but are not limited to:
(1) the processes for determining the extent of competition
for filling vacancies, for recruiting applicants, for conducting
competitive open examinations, for ranking candidates and
maintaining competitive open eligible lists, and for
certification and appointment of eligibles from competitive open
eligible lists;
(2) the process for effecting noncompetitive and qualifying
appointments;
(3) the process for temporary designation of positions in
the unclassified service and for effecting appointments to the
unclassified service;
(4) a statewide affirmative action program to include
requirements for agency affirmative action plans, statewide
policies and procedures, reporting requirements, accountability
and responsibility of employees in the executive branch, and
overall objectives of the program;
(5) conditions under which moving and other expenses may be
authorized and paid prior to appointment to persons who have
accepted state employment;
(6) procedures for administration of the code of ethics for
employees of the executive branch;
(7) examination procedures for candidates with disabilities
as described in section 43A.10 43A.15, subdivision 8 14; and
(8) procedures or policies that affect the operation of or
participation in the public employees insurance program.
Sec. 10. Minnesota Statutes 1996, section 43A.04,
subdivision 9, is amended to read:
Subd. 9. [EXPERIMENTAL OR RESEARCH PROJECTS.] The
commissioner of employee relations may conduct experimental or
research projects designed to improve recruitment, selection,
referral, or appointment processes for the filling of state
classified positions.
The commissioner shall meet and confer with the affected
exclusive bargaining representative of state employees
concerning the design and implementation of experimental and
research projects under this subdivision.
Any provision in sections 43A.09 to 43A.15, associated
personnel rules adopted under subdivision 3, or administrative
procedures established under subdivision 4, is waived for the
purposes of these projects. The number of appointments under
this subdivision may not exceed five percent of the total number
of appointments in the preceding fiscal year.
The commissioner shall report by September 1 to the
legislative commission joint subcommittee on employee relations
the results of the experimental research projects conducted in
the preceding fiscal year.
Sec. 11. Minnesota Statutes 1996, section 43A.05,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner through the
personnel bureau shall perform the duties assigned in Laws 1981,
this chapter 210. The deputy for the personnel bureau shall
perform any duties delegated by the commissioner.
The commissioner's authority and responsibility shall
include but not be limited to maintenance of a classification
plan, assignment of all positions in the classified service to
job classes, maintenance and approval of total compensation
plans for all positions in the executive branch pursuant to the
provisions of section 43A.18 and other provisions of law;
preparation of examinations, rating of candidates for employment
and preparation of eligible lists; maintenance of employee
performance appraisal, training and affirmative action programs;
and maintenance and publication of logical career paths in the
classified civil service.
Sec. 12. Minnesota Statutes 1996, section 43A.05,
subdivision 3, is amended to read:
Subd. 3. [COMMISSIONER'S PLAN.] The commissioner shall
periodically develop and establish pursuant to Laws 1981, this
chapter 210 a commissioner's plan. The commissioner shall
submit the plan, before becoming effective, to the legislative
coordinating commission for approval.
Sec. 13. Minnesota Statutes 1996, 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, and the board of trustees of Lola and Rudy
Perpich Minnesota Center for Arts Education and the Minnesota
state colleges and universities, 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, 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 and
intermittent staff employed by the technical colleges for the
administration of practical skills tests and for the staging of
instructional demonstrations;
(16) student workers;
(17) 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. 14. Minnesota Statutes 1996, 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; economic security; children, families, and
learning; employee relations; trade and economic development;
finance; health; human rights; labor and industry; natural
resources; public safety; public service; human services;
revenue; transportation; and veterans affairs; the housing
finance and pollution control agencies; the state lottery; the
state board of investment; the office of administrative
hearings; the office of environmental assistance; the offices of
the attorney general, secretary of state, state auditor, and
state treasurer; the board of trustees of the Minnesota state
colleges and universities; the higher education services office;
the Lola and Rudy Perpich 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. 15. Minnesota Statutes 1996, section 43A.13,
subdivision 7, is amended to read:
Subd. 7. [EXPANDED CERTIFICATION.] When the commissioner
determines that a disparity as defined in rules exists between
an agency's work force and its affirmative action plan approved
in accordance with section 43A.19, the commissioner shall ensure
to the extent possible that eligibles who are members of the
protected groups for which the disparity exists are certified
for appointment. When fewer than two eligibles of each
protected group for which a disparity has been determined to
exist would be certified under subdivisions 4 and 5, the
commissioner shall certify two eligibles from each protected
group for which a disparity exists or four from each group for
which a disparity exists if the number of names referred has
been increased under subdivision 4, paragraph (b).
Implementation of this subdivision may not be deemed a violation
of other provisions of Laws 1981, this chapter 210 or chapter
363.
Sec. 16. Minnesota Statutes 1996, section 43A.27,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Notwithstanding any other
provisions of Laws 1981, this chapter 210, the persons listed in
subdivisions 2 and 3, and their dependents, may elect to enroll
at their own expense in the appropriate life insurance,
hospital, medical and dental benefits, and optional coverages at
the time, in the manner, and under conditions of eligibility the
commissioner prescribes and otherwise approves. The
commissioner may also provide for payroll deductions to be made
in the same manner and under the same conditions as provided in
section 43A.30, subdivision 2 authorizing payroll deductions for
an eligible employee and the employee's dependents.
Sec. 17. Minnesota Statutes 1996, section 43A.30,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENTS FROM AGENCY REVENUES.] Each
agency shall pay the amounts due for state paid life insurance
and hospital, medical and dental benefits coverage authorized
for eligible employees pursuant to Laws 1981, this chapter 210.
Each agency shall pay the amounts from accounts and funds
from which the agency receives its revenues, including
appropriations from the general fund and from any other fund,
now or hereafter existing for the payment of salaries and in the
same proportion as it pays therefrom the amounts of salaries.
In order to enable the commissioner of finance to maintain
proper records covering the appropriations pursuant to this
section, the commissioner of finance may require certifications
in connection with payments as the commissioner of finance deems
necessary from the Minnesota historical society, the University
of Minnesota, or any agency whose employees receive benefits
pursuant to Laws 1981, this chapter 210. The accounts and funds
from which agencies receive appropriations under the terms of
this section are a source of revenue for the purposes of any
other law or statutory enactment.
Sec. 18. Minnesota Statutes 1996, section 43A.36,
subdivision 1, is amended to read:
Subdivision 1. [COOPERATION; STATE AGENCIES.] The
commissioner may delegate administrative functions associated
with the duties of the commissioner to appointing authorities
who have the capability to perform such functions when the
commissioner determines that it is in the best interests of the
state civil service. The commissioner shall consult with
agencies and agencies shall cooperate as appropriate in
implementation of Laws 1981, this chapter 210.
The commissioner, in conjunction with appointing
authorities, shall analyze and assess current and future human
resource requirements of the civil service and coordinate
personnel actions throughout the civil service to meet the
requirements. The commissioner shall permit appointing
authorities to use eligible lists in making appointments to
positions in the unclassified service and shall provide
recruiting assistance.
The head of each agency in the executive branch shall
designate an agency personnel officer. The agency personnel
officer shall be accountable to the agency head for all
personnel functions prescribed by laws, rules, collective
bargaining agreements, the commissioner and the agency head.
Except when otherwise prescribed by the agency head in a
specific instance, the personnel officer shall be assumed to be
the authority accountable to the agency head over any other
officer or employee in the agency for personnel functions.
The head of each agency in the executive branch shall
designate an affirmative action officer who shall have primary
responsibility for the administration of the agency's
affirmative action plan. The officer shall report directly to
the head of the agency on affirmative action matters.
Sec. 19. Minnesota Statutes 1996, section 43A.36,
subdivision 2, is amended to read:
Subd. 2. [SERVICES AVAILABLE TO POLITICAL SUBDIVISIONS.]
The services and facilities of the department and its staff may
be made available upon request to political subdivisions of the
state. Enforcement and administration of other provisions
of Laws 1981, this chapter 210 shall take precedence over the
provision of the services and facilities. Political
subdivisions shall reimburse the state for the reasonable cost
of services and facilities.
Presented to the governor April 29, 1997
Signed by the governor May 1, 1997, 4:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes