Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 182-S.F.No. 2017
An act relating to public employment; making technical
and administrative changes; modifying definitions;
redesigning administrative procedures for certain
pilot projects; amending Minnesota Statutes 1998,
sections 13.43, subdivision 2; 43A.02, subdivisions 11
and 33; 43A.04, subdivision 4; 43A.06, subdivision 8;
43A.07, subdivisions 4 and 6; 43A.13, subdivision 3;
43A.15, subdivision 6, and by adding a subdivision;
43A.17, subdivision 8; 43A.18, subdivision 1; 43A.19,
subdivision 3; 43A.20; 43A.317, subdivisions 3 and 4;
and 43A.421; Laws 1995, chapter 248, article 13,
section 2, subdivisions 5, as amended, and 6, as
amended; repealing Minnesota Statutes 1998, sections
43A.13, subdivision 9; 43A.40; 43A.41; 43A.42; 43A.43,
subdivision 2; 43A.44; 43A.45; 43A.46; and 43A.465;
Laws 1995, chapter 248, article 13, section 2,
subdivision 8; Minnesota Rules, parts 3910.0100;
3910.0200; 3910.0300; 3910.0400; 3910.0500; 3910.0600;
3910.0700; 3910.0800; 3910.0900; 3910.1000; 3910.1100;
3910.1200; 3910.1300; 3910.1400; 3910.1500; 3910.1600;
and 3910.1700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 13.43,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5, the following personnel data on current and
former employees, volunteers, and independent contractors of a
state agency, statewide system, or political subdivision and
members of advisory boards or commissions is public:
(1) name; actual gross salary; salary range; contract fees;
actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added
remuneration, including expense reimbursement, in addition to
salary;
(2) job title and bargaining unit; job description;
education and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or
charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action
together with the specific reasons for the action and data
documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public
body;
(6) the terms of any agreement settling any dispute arising
out of an employment relationship, including a buyout agreement
as defined in section 123B.143, subdivision 2, paragraph (a);
except that the agreement must include specific reasons for the
agreement if it involves the payment of more than $10,000 of
public money;
(7) work location; a work telephone number; badge number;
and honors and awards received; and
(8) payroll time sheets or other comparable data that are
only used to account for employee's work time for payroll
purposes, except to the extent that release of time sheet data
would reveal the employee's reasons for the use of sick or other
medical leave or other not public data; and city and county of
residence.
(b) For purposes of this subdivision, a final disposition
occurs when the state agency, statewide system, or political
subdivision makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings
or court proceedings. In the case of arbitration proceedings
arising under collective bargaining agreements, a final
disposition occurs at the conclusion of the arbitration
proceedings, or upon the failure of the employee to elect
arbitration within the time provided by the collective
bargaining agreement. Final disposition includes a resignation
by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political
subdivision, or arbitrator.
(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former
employee to a prospective witness as part of the state agency's,
statewide system's, or political subdivision's investigation of
any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.
(e) Notwithstanding paragraph (a), clause (5), upon
completion of an investigation of a complaint or charge against
a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are
public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of
this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant
state agency heads;
(2) members of boards or commissions required by law to be
appointed by the governor or other elective officers; and
(3) executive or administrative heads of departments,
bureaus, divisions, or institutions.
Sec. 2. Minnesota Statutes 1998, section 43A.02,
subdivision 11, is amended to read:
Subd. 11. [CLASS.] "Class" means one or more positions
sufficiently similar with respect to duties and responsibilities
that the same descriptive title may be used with clarity to
designate each position allocated to the class and that the same
general qualifications are needed for performance of the duties
of the class, that the same tests of fitness may be used to
recruit employees, and that the same schedule of pay can be
applied with equity to all positions in the class under the same
or substantially the same employment conditions.
Sec. 3. Minnesota Statutes 1998, section 43A.02,
subdivision 33, is amended to read:
Subd. 33. [PROTECTED GROUPS.] For affirmative action
purposes, "protected groups" means females; handicapped, persons
; with disabilities, and members of the following minorities:
Black, Hispanic, Asian or Pacific Islander, and American Indian
or Alaskan native; and, until 1989, veterans who served in the
military service of this country during the period from August
5, 1964 to May 7, 1975, and separated under honorable conditions
from any branch of the armed forces of the United States after
having served on active duty for 181 consecutive days or because
of disability incurred while serving on active duty and who are
permanent residents of the state of Minnesota.
Sec. 4. Minnesota Statutes 1998, section 43A.04,
subdivision 4, is amended to read:
Subd. 4. [ADMINISTRATIVE PROCEDURES.] The commissioner
shall develop administrative procedures, which are not subject
to the rulemaking provisions of the Administrative Procedure
Act, to effect provisions of chapter 43A which do not directly
affect the rights of or processes available to the general
public. The commissioner may also adopt administrative
procedures, not subject to the Administrative Procedure Act,
which concern topics affecting the general public if those
procedures concern only the internal management of the
department or other agencies and if those elements of the topics
which affect the general public are the subject of department
rules.
Administrative procedures shall be reproduced and made
available for comment to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01
to 179A.25, for at least 15 days prior to implementation and
shall include but are not limited to:
(a) maintenance and administration of a plan of
classification for all positions in the classified service and
for comparisons of unclassified positions with positions in the
classified service;
(b) procedures for administration of collective bargaining
agreements and plans established pursuant to section 43A.18
concerning total compensation and the terms and conditions of
employment for employees;
(c) procedures for effecting all personnel actions internal
to the state service such as conduct of competitive promotional
examinations, ranking and certification of employees for
promotion, noncompetitive and qualifying appointments of
employees and leaves of absence; and
(d) maintenance and administration of employee performance
appraisal, training and other programs.; and
(e) procedures for pilots of the reengineered employee
selection process. Employment provisions of this chapter,
associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (a) and (c)
may be waived for the purposes of these pilots. The pilots may
affect the rights of and processes available to members of the
general public seeking employment in the classified service.
The commissioner will provide public notice of any pilot
directly affecting the rights of and processes available to the
general public and make the administrative procedures available
for comment to the general public, agencies, employees, and
appropriate exclusive representatives certified pursuant to
sections 179A.01 to 179A.25 for at least 30 days prior to
implementation.
Sec. 5. Minnesota Statutes 1998, section 43A.06,
subdivision 8, is amended to read:
Subd. 8. [UNFAIR LABOR PRACTICE CHARGES.] The commissioner
shall direct investigations and shall have authority to decide
whether agencies in the executive branch shall settle unfair
labor practice charges filed against the employer, appointing
authorities or their agents pursuant to chapter 179 179A.
Sec. 6. Minnesota Statutes 1998, section 43A.07,
subdivision 4, is amended to read:
Subd. 4. [EFFECT OF RECLASSIFICATION.] Except as provided
in section 43A.17, subdivision 5, the incumbent of a position
which has been reclassified shall continue in the position only
if the employee is eligible for and is appointed to the position
of the new class in accordance with the provisions of this
chapter and the rules, administrative procedures or a collective
bargaining agreement entered into under sections 179A.01 to
179A.25 governing reallocation or change in allocation of
positions, promotion, transfer, and demotion. If the incumbent
is ineligible to continue in the position and is not
transferred, promoted or demoted, the layoff provisions of this
chapter and plans pursuant to section 43A.18 or a collective
bargaining agreement entered into under sections 179A.01 to
179A.25 shall apply. Personnel changes required by the
reclassification of positions shall be completed within a
reasonable period of time, as prescribed by the commissioner,
following the reclassification notice to an appointing
authority. Any employee with permanent or probationary status
whose position is reallocated shall be considered eligible to
compete in any examination held to fill the reallocation
position, as provided in the rules or administrative procedures.
Sec. 7. Minnesota Statutes 1998, section 43A.07,
subdivision 6, is amended to read:
Subd. 6. [RIGHTS OF INCUMBENTS OF DECLASSIFIED POSITIONS.]
Except for just cause, an employee incumbent with permanent
status shall not be removed from a position which is
declassified for a period of one year following the
declassification. An appointing authority may remove an
incumbent of a declassified position after one year with 30
days' prior notice. At any time after the declassification, and
prior to the end of the 30-day notice period, if so requested,
the employee shall be appointed within the same agency to a
classified position comparable to the position that was
declassified or, if a comparable position is unavailable, to a
position in that agency comparable to that held immediately
prior to being appointed to the declassified position. This
section applies only to the incumbent at the time the position
is declassified and not to employees subsequently appointed to
the declassified position.
Sec. 8. Minnesota Statutes 1998, section 43A.13,
subdivision 3, is amended to read:
Subd. 3. [REEMPLOYMENT.] For positions to be filled by
reemployment of a former employee, The commissioner may certify
any eligible on the reemployment list for the class or approve
direct reinstatement of a former classified employee within four
years of separation.
Sec. 9. Minnesota Statutes 1998, section 43A.15,
subdivision 6, is amended to read:
Subd. 6. [APPOINTMENTS THROUGH TRANSFER OR DEMOTION.] The
commissioner may authorize the transfer or demotion of an
employee in the classified service within an agency or between
agencies. Prior to authorizing a transfer or demotion, the
commissioner shall determine that the employee to be transferred
or demoted is qualified for the new position. An authorized
transfer may result in the movement of an employee
between different positions agencies in the same class or
between positions or within agencies in different classes
provided that the compensation for the classes is similar.
The commissioner may enter into arrangements with public
personnel agencies in other jurisdictions for the purpose of
effecting transfers or voluntary demotions of employees between
jurisdictions.
Sec. 10. Minnesota Statutes 1998, section 43A.15, is
amended by adding a subdivision to read:
Subd. 15. [REINSTATEMENT.] An appointing authority may
directly reinstate a person who is a former permanent or
probationary employee of the job class, within four years of
separation from the class.
Sec. 11. Minnesota Statutes 1998, section 43A.17,
subdivision 8, is amended to read:
Subd. 8. [ACCUMULATED VACATION LEAVE.] The commissioner of
employee relations shall not agree to a collective bargaining
agreement or recommend a compensation plan pursuant to section
43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator
issue an award under sections 179A.01 to 179A.25, if the
compensation plan, agreement, or award permits an employee to
convert accumulated vacation leave into cash before separation
from state service.
This section does not prohibit the commissioner from
negotiating a collective bargaining agreement or recommending
approval of a compensation plan which: (1) permits an employee
to receive payment for accumulated vacation leave upon beginning
an unpaid leave of absence approved for more than one year in
duration if the leave of absence is not for the purpose of
accepting an unclassified position in state civil service; or
(2) permits an employee to receive payment for accumulated
vacation leave upon layoff; or (3) permits an employee to
receive payment for accumulated vacation leave if a change in
employment results in the employee being ineligible to accrue
further vacation leave.
Sec. 12. Minnesota Statutes 1998, section 43A.18,
subdivision 1, is amended to read:
Subdivision 1. [COLLECTIVE BARGAINING AGREEMENTS.] Except
as provided in section 43A.01 and to the extent they are covered
by a collective bargaining agreement, the compensation, terms
and conditions of employment for all employees represented by an
exclusive representative certified pursuant to chapter 179 179A
shall be governed solely by the collective bargaining agreement
executed by the parties and approved by the legislature.
Sec. 13. Minnesota Statutes 1998, section 43A.19,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS.] Implementation of the provisions of
this section shall not be deemed a violation of other provisions
of Laws 1981, chapter 210 43A or 363.
Sec. 14. Minnesota Statutes 1998, section 43A.20, is
amended to read:
43A.20 [PERFORMANCE APPRAISAL AND PAY.]
The commissioner shall design and maintain a performance
appraisal system under which each employee in the civil service
in the executive branch shall be evaluated and counseled on work
performance at least once a year. Individual pay increases for
all employees not represented by an exclusive representative
certified pursuant to chapter 179 179A shall be based on the
evaluation and other factors the commissioner includes in the
plans developed pursuant to section 43A.18. Collective
bargaining agreements entered into pursuant to chapter 179 179A
may, and are encouraged to, provide for pay increases based on
employee work performance.
Sec. 15. Minnesota Statutes 1998, section 43A.317,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATION.] After consulting with the
chairs of the senate governmental operations and veterans
committee and the house of representatives governmental
operations and veterans affairs policy committee, the
commissioner may determine when the program provided under this
section is available. When the commissioner makes the program
available, the commissioner shall, consistent with the
provisions of this section, administer the program and determine
its coverage options, funding and premium arrangements,
contractual arrangements, and all other matters necessary to
administer the program. The commissioner's contracting
authority for the program, including authority for competitive
bidding and negotiations, is governed by section 43A.23.
Sec. 16. Minnesota Statutes 1998, section 43A.317,
subdivision 4, is amended to read:
Subd. 4. [ADVISORY COMMITTEE.] After the commissioner
consults as required in subdivision 3 and then determines to
make the program available, the commissioner shall establish a
ten-member advisory committee that includes five members who
represent eligible employers and five members who represent
eligible individuals. The committee shall advise the
commissioner on issues related to administration of the
program. The committee is governed by sections 15.014 and
15.059, and continues to exist while the program remains in
operation.
Sec. 17. Minnesota Statutes 1998, section 43A.421, is
amended to read:
43A.421 [SUPPORTED WORK PROGRAM.]
A total of 50 additional full-time positions within
agencies of state government may be selected for inclusion for a
supported work program for persons with severe disabilities. A
full-time position may be shared by up to three persons with
severe disabilities and their job coach. The job coach is not a
state employee within the scope of section 43A.02, subdivision
21, or 179A.03, subdivision 14, unless the job coach holds
another position within the scope of section 43A.02, subdivision
21, or 179A.03, subdivision 14.
Sec. 18. Laws 1995, chapter 248, article 13, section 2,
subdivision 5, as amended by Laws 1997, chapter 97, section 14,
is amended to read:
Subd. 5. [PILOT PROJECT.] During the biennium ending June
30, 1999 2001, the department of employee relations in
conjunction with union representatives shall designate state job
classifications to be included in one or more pilot projects.
Under this pilot project: (1) resumes of applicants for
positions to be filled through this process will be evaluated
through an objective computerized system that will identify
which applicants have the required skills; and (2) information
on applicants determined to have required skills will be
forwarded to the agency seeking to fill a vacancy, without
ranking these applicants, and without a limit on the number of
applicants that may be forwarded to the hiring agency. This
process is in lieu of the procedures provided in Minnesota
Statutes, sections 43A.10 to 43A.13, and related rules and
procedures adopted under Minnesota Statutes, section 43A.04,
subdivision 4, except that applicants who are being referred and
who qualify for veterans preference under Minnesota Statutes,
section 43A.11, will be placed ahead of referrals who meet the
required skills of the vacant position and who do not qualify
for veterans preference. Before designating a job
classification under this subdivision, the department must
assure that the hiring process for those job classifications
complies with the policies in subdivision 1.
Sec. 19. Laws 1995, chapter 248, article 13, section 2,
subdivision 6, as amended by Laws 1997, chapter 97, section 15,
is amended to read:
Subd. 6. [EVALUATION.] The commissioner of employee
relations, in consultation with union representatives, shall
design and implement a system for evaluating the success of the
pilot project in subdivision 5. By October 1, 1997 1999, and
October 1, 1998 2000, the commissioner must report to the
legislature on the pilot project. The report must:
(1) list job classifications subject to each pilot project,
and the number of positions filled in these job classes under
the pilot;
(2) evaluate the extent to which the project has been
successful in maintaining a merit-based system in the absence of
traditional civil service laws and rules;
(3) quantify time and money saved in the hiring process
under these pilot projects, as compared to hiring under the
traditional laws and rules;
(4) document the extent of complaints or problems arising
under the new system; and
(5) recommend any changes in laws or rules needed to make
permanent the successes of the pilot projects.
Sec. 20. [REPEALER.]
Minnesota Statutes 1998, sections 43A.13, subdivision 9;
43A.40; 43A.41; 43A.42; 43A.43, subdivision 2; 43A.44; 43A.45;
43A.46; and 43A.465; Laws 1995, chapter 248, article 13, section
2, subdivision 8, are repealed.
Minnesota Rules, parts 3910.0100; 3910.0200; 3910.0300;
3910.0400; 3910.0500; 3910.0600; 3910.0700; 3910.0800;
3910.0900; 3910.1000; 3910.1100; 3910.1200; 3910.1300;
3910.1400; 3910.1500; 3910.1600; and 3910.1700, are repealed.
Sec. 21. [EFFECTIVE DATE.]
Sections 1 to 20 are effective the day following final
enactment.
Presented to the governor May 15, 1999
Signed by the governor May 19, 1999, 4:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes