Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 416-S.F.No. 2471 
                  An act relating to Hennepin county; making changes to 
                  provisions on its human resources board and 
                  department; amending Minnesota Statutes 1998, sections 
                  383B.26; 383B.27; 383B.28, subdivisions 1, 3, and 4; 
                  383B.29; 383B.30; 383B.31; 383B.32, subdivisions 2 and 
                  3; repealing Minnesota Statutes 1998, section 383B.35. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 383B.26, is 
        amended to read: 
           383B.26 [HUMAN RESOURCES SYSTEM; PURPOSE.] 
           The purpose of sections 383B.26 to 383B.42 is to establish 
        a human resources board and a human resources and employee 
        relations department in the county of Hennepin to promote and 
        improve the economy and effectiveness of the governmental 
        departments under its jurisdiction by the improvement of methods 
        of human resources administration, which shall include a uniform 
        system of job classifications, procedures and standards for 
        hiring, promotion and compensation administration. 
           Sec. 2.  Minnesota Statutes 1998, section 383B.27, is 
        amended to read: 
           383B.27 [DEFINITION OF TERMS.] 
           Subdivision 1.  For the purposes of sections 383B.26 to 
        383B.42 and rules promulgated under them, unless the context 
        clearly indicates that a different meaning is intended, the 
        terms defined in this section have the meanings given them. 
           Subd. 2.  "Board" means the county human resources board. 
           Subd. 3.  "Member" means a member of the county human 
        resources board. 
           Subd. 4.  "Director" means the director of the department 
        of human resources and employee relations. 
           Subd. 5.  "Human resources department" means the human 
        resources director and the director's employees engaged in the 
        administration of sections 383B.26 to 383B.42.  
           Subd. 6.  "County board" means the board of Hennepin county 
        commissioners. 
           Subd. 7.  "Appointing authority" means an elected official, 
        county administrator, or the head director and management staff 
        of a department, division, board, commission, person or group of 
        persons who have the power by law, by resolution of the county 
        board or by lawfully delegated authority to make appointments to 
        positions in the county service within the scope of sections 
        383B.26 to 383B.42. 
           Subd. 8.  "Classified service" means the service which 
        includes all positions except those in the unclassified service 
        under sections 383B.26 to 383B.42.  
           Subd. 9.  "Position" means a group of current duties and 
        responsibilities assigned or delegated by an appointing 
        authority. 
           Subd. 10.  "Class" means one or more positions sufficiently 
        similar with respect to duties and responsibilities that for 
        which the same descriptive title can be used with clarity to 
        designate each position; that similar general qualifications are 
        needed for the performance of the duties; that comparable 
        selection procedures may be used to recruit employees; and that 
        the same schedule of compensation shall be applied to all 
        positions. 
           Subd. 11.  "Allocation" means the assignment of an 
        individual position to a class on the basis of the kind, 
        difficulty and responsibility of the work performed in the 
        position. 
           Subd. 12.  "Reallocation" means a change in allocation of 
        an individual position by raising it to a higher class, reducing 
        it to a lower class, or moving it to another class at the same 
        level, on the basis of significant changes in the kind, 
        difficulty or responsibility of the work performed in such 
        position. 
           Subd. 13.  "Classification" means the grouping of positions 
        into classes with regard to duties and responsibilities. 
           Subd. 14.  "Eligible" means the status of any person whose 
        name is on the layoff, reinstatement, promotional, 
        intern/trainee or open competitive list for a given class. 
           Subd. 15.  "Permanent employee" means an employee in the 
        classified service who has satisfactorily completed a 
        probationary period. 
           Subd. 16.  "Probationary period" means that part of the 
        examining hiring process following certification and appointment 
        from a list of certified candidates, to enable the appointing 
        authority to determine whether employees are fit and suitable 
        for the position to which they have been appointed, transferred, 
        or promoted.  The appointing authority may discharge a newly 
        appointed employee during the probationary period without 
        specifying cause or granting a hearing, except as provided by 
        section 197.46.  The appointing authority may, during the 
        probationary period, demote an employee appointed to a position 
        as a result of a promotion without specifying cause or granting 
        a hearing, except as provided by section 197.46.  The employee 
        so demoted shall be returned to a position in the class 
        previously held by the affected employee.  The appointing 
        authority may, during the probationary period, return a 
        transferred employee back to a position in the classification 
        and organizational unit the employee previously held without 
        specifying cause or granting a hearing, except as provided by 
        section 197.46.  When an employee has been transferred from one 
        department to another and upon the request of the new appointing 
        authority the employee may be required to serve a probationary 
        period. 
           Subd. 17.  "Classification plan" means a list of the 
        classes of positions in the classified county service by their 
        official title. 
           Subd. 18.  "Unclassified service" means those positions 
        which are exempted from the jurisdiction of the human resources 
        board unless otherwise provided by sections 383B.26 to 383B.42. 
           Subd. 19.  "Transfer" means a change by an employee from a 
        position in the same class to a different department or 
        organizational unit; or a change from a position in one class to 
        a position in another class of comparable level in another 
        department or in the same department or organizational unit or 
        another department or organizational unit. 
           Subd. 20. "Reassignment" means a change by an employee from 
        one position to another position in the same class in the same 
        organizational unit. 
           Sec. 3.  Minnesota Statutes 1998, section 383B.28, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The Hennepin county human 
        resources board and human resources and employee relations 
        department are created. 
           Sec. 4.  Minnesota Statutes 1998, section 383B.28, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COMPENSATION.] Compensation for members of the 
        human resources board shall be set by the county board.  Members 
        of the board shall be compensated at the rate not to exceed $50 
        per day spent on board meetings and personnel human resources 
        activities when authorized by the board to represent the board.  
        Expenses shall be allowed in the same manner and amount as 
        received by county employees. 
           Sec. 5.  Minnesota Statutes 1998, section 383B.28, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ORGANIZATION.] The board shall organize by 
        electing one of its members as chair and one as vice-chair.  The 
        human resources director shall serve as secretary. 
           Sec. 6.  Minnesota Statutes 1998, section 383B.29, is 
        amended to read: 
           383B.29 [DUTIES OF THE HUMAN RESOURCES BOARD.] 
           Subdivision 1.  [BOARD PROCEEDINGS.] When any member of the 
        board is not present at the time a matter is submitted to the 
        board such matter shall be deemed submitted to each member of 
        the board with like effect as though each member of the board 
        had been present at the time of submission of such matter.  
        Whenever during the consideration of a matter which is before 
        the board, there is a change in the personnel of the board, the 
        matter shall be deemed submitted to the new member, or members, 
        as though said new member, or members, had been a member of the 
        board at the time of the submission of the matter. 
           No meetings of the board shall be held unless at least four 
        members are present.  A majority vote of all members present 
        shall constitute the decision of the board.  The board shall 
        keep records and minutes of its business and official actions 
        which shall be open to public inspection subject to such 
        reasonable rules as to time and place of inspection as the board 
        may establish. 
           Subd. 2.  [DUTIES.] (a) The board shall: (a) establish 
        rules for the classified service with the assistance of 
        the human resources director.  All rules and amendments proposed 
        by the board shall be subject to public hearing upon prior 
        notice to department heads, employees, affected labor 
        organizations, and the public, as the board may, by rule 
        prescribe.  The rules as approved by the majority vote of the 
        board shall be submitted to the county board for approval or 
        rejection.  When approved, by majority vote and in the form of a 
        written resolution, the rules shall have the force and effect of 
        law.  The rules may be amended and repealed with the consent of 
        the county board in the same manner as provided for original 
        adoption.  
           (b) The rules shall provide for: 
           (1) the rejection of otherwise eligible 
        applicants/candidates who fail to comply with the reasonable 
        requirements of the director selection methods and the 
        establishment of lists to fill positions in the county service 
        including promotion; 
           (2) examinations which shall be competitive and 
        standardized and which may consist of any one or a combination 
        of the following:  written or oral tests of the subjective or 
        objective type, physical tests, practical or demonstration 
        tests, or evaluation of past training and experience.  Oral 
        tests, either of the question and answer type or the interview 
        type may be used to test the candidates the appointment of 
        qualified candidates to vacant positions, if the vacancy is not 
        filled by recall from the layoff list, demotion, reinstatement, 
        reassignment, transfer from other employers or with county 
        service.  Whenever practicable, vacancies must be filled by 
        promotion.  The 20 persons having the highest qualifications 
        that meet the requirements of the position to be filled, when 
        available, must be referred to appointing authority when a 
        vacancy occurs; 
           (3) the creation of eligible lists upon which shall be 
        entered the names of successful candidates a period of probation 
        during which period the probationer may be discharged or 
        demoted, without right of appeal.  The period of probation must 
        not exceed six months unless changed by six-sevenths approval of 
        the board due to extreme or unique conditions; 
           (4) the appointment of eligible candidates who have 
        qualified through the examination process, or through a 
        qualifying selection process pursuant to section 383B.31, clause 
        (h), if the vacancy is not filled by recall from the layoff 
        list, demotion, transfer, or reinstatement.  The 20 persons 
        receiving the highest examination scores when available shall be 
        referred to department heads when a vacancy occurs, with waiver 
        in extreme or unique conditions subject to six-sevenths approval 
        of the board seasonal, provisional, temporary, and emergency 
        appointments.  The appointments, except seasonal, must not 
        exceed six calendar months in any 12-month period.  Seasonal 
        appointments must not exceed nine calendar months in any 
        12-month period; 
           (5) if more than one vacancy is to be filled, additional 
        names may be added to the certification list in accordance with 
        the rules adopted under this subdivision voluntary demotion; 
        reassignment; transfers from within county service or other 
        employers; and reinstatement of persons who without fault or 
        delinquency on their part are separated from the service or 
        demoted; 
           (6) a period of probation during which period the 
        probationer may be discharged or demoted, without right of 
        appeal.  The period of probation shall not exceed six months 
        unless changed by six-sevenths approval of the board due to 
        extreme or unique conditions a compensation plan for classes and 
        positions not represented by an exclusive bargaining 
        representative to be presented to the county board for approval; 
           (7) seasonal, provisional, temporary and emergency 
        appointments.  The appointments, except seasonal appointments, 
        shall not exceed six calendar months in any 12-month period.  
        Seasonal appointments shall not exceed nine calendar months in 
        any 12-month period a classification plan for positions in the 
        county service to be presented to the county board for approval; 
           (8) transfers from other public employers or within county 
        service; and reinstatement of persons who without fault or 
        delinquency on their part are separated from the service or 
        demoted leaves of absence with or without pay; layoffs; hours of 
        employment; vacations and sick leave; severance pay, and other 
        benefits and emoluments as may improve the public service; 
           (9) promotion based upon competitive examinations.  
        Whenever practicable vacancies shall be filled by 
        promotion suspensions without pay for disciplinary purposes, 
        discharges, or demotion of a permanent employee only when the 
        person has been presented with written charges and has been 
        allowed a hearing; 
           (10) suspensions without pay for no longer than 20 working 
        days for disciplinary purposes; for leaves of absence with or 
        without pay; for layoffs; for hours of employment; for vacations 
        and sick leave; severance pay, and other benefits and emoluments 
        as may improve the public service establishment of reasonable 
        fees, not to exceed the actual cost of service or material 
        provided; 
           (11) discharge or demotion of a permanent employee only 
        when the person has been presented with written charges and has 
        been allowed a hearing pursuant to section 383B.38 establishment 
        of rules of conduct that are conditions of employment in the 
        county service; and 
           (12) the establishment of reasonable fees, not to exceed 50 
        percent of the actual cost, to be charged for the furnishing of 
        a copy of the record, including a transcript of any testimony, 
        of any hearing held before the board under sections 383B.26 to 
        383B.42 policies to deal with falsification of an application or 
        record to improve prospects for employment or with interference 
        with the selection process. 
           (b) Provide a compensation plan for county employees not 
        represented by an exclusive bargaining representative to be 
        presented to the county board for approval. 
           (c) Make investigations of its own motion concerning the 
        enforcement and effect of sections 383B.26 to 383B.42, and the 
        rules thereunder. 
           (d) (c) Hear and decide appeals within the jurisdiction of 
        the board, if there has been a preliminary showing to the board 
        attorney that a rule violation has occurred.  Any such board 
        attorney ruling may be appealed to the board.  
           Subd. 3.  [HEARING OFFICERS.] The board, with the 
        assistance of the human resources director, shall utilize and 
        prescribe the duties of hearing officers, or contract with the 
        office of hearing examiners pursuant to section 14.55.  When it 
        is determined that a disciplinary or veteran's hearing be held 
        which requires a hearing officer, the director will first 
        ascertain the availability and timeliness of scheduling the 
        hearing through the office of hearing examiners pursuant to 
        section 14.55.  If it is determined that a prompt hearing is not 
        readily available through the office of hearing examiners, the 
        board, with the assistance of the human resources director, may 
        then utilize an impartial hearing officer.  Decisions of the 
        hearing officers are final and binding on the parties and the 
        human resources board, except as provided in section 197.46. 
           Sec. 7.  Minnesota Statutes 1998, section 383B.30, is 
        amended to read: 
           383B.30 [DIRECTOR; SELECTION AND TENURE.] 
           The board county administrator, with the approval of the 
        county board, shall appoint a human resources director on the 
        basis of merit and fitness as a result of competitive 
        examinations.  The director shall be in the classified service 
        and shall not be removed by the board except under written 
        charges in accordance with sections 383B.26 to 383B.42 and after 
        a public hearing by the board. 
           Sec. 8.  Minnesota Statutes 1998, section 383B.31, is 
        amended to read: 
           383B.31 [DUTIES OF THE HUMAN RESOURCES DIRECTOR.] 
           (a) The director as administrator of the human resources 
        and employee relations department shall cooperate with and 
        assist department heads and elected officials in providing an 
        effective human resources program.  The director shall direct 
        and supervise all of the human resources and employee relations 
        department's administrative and technical activities in addition 
        to the duties imposed on the director in sections 383B.26 to 
        383B.42. 
           (b) The director shall: 
           (a) (1) attend the meetings of the board, act as its 
        secretary and maintain its official records.; 
           (b) (2) appoint the employees of the human resources and 
        employee relations department in accordance with and subject to 
        the provisions of sections 383B.26 to 383B.42.; and 
           (c) (3) recommend rules and amendments to rules for the 
        administration of sections 383B.26 to 383B.42. 
           (d) (c) The director shall establish uniform procedures and 
        standards to: 
           (1) prepare, recommend and maintain a classification plan 
        which shall group all positions in the classified service county 
        into classes, based on their duties and responsibilities.  The 
        classification plan shall identify for each class a title, a 
        statement of duties, authority and responsibilities and 
        qualifications necessary for the position.  The classification 
        plan shall be effective upon approval by the board and the 
        county board.  Periodic job audits shall be made of positions 
        for the purpose of keeping the classification plan current with 
        changes in work assignments.; 
           (e) (2) prepare, recommend, and maintain a compensation 
        plan for the classified county service.; Compensation plans 
        when approved by majority vote of the board shall be recommended 
        to the county board who may approve or reject such plans or 
        portions thereof. 
           (f) Establish programs for the training and education of 
        employees to improve the quality of services rendered. 
           (g) (3) except as provided in clauses (h) and (i) (4) and 
        (5), develop and hold competitive examinations to determine the 
        qualifications of persons seeking employment in any class and to 
        establish lists of those passing such examinations.; 
           (h) (4) develop a procedure and define the criteria for the 
        selection and referral of qualified applicants to fill positions 
        in classifications involving unskilled tasks or in 
        classifications which require state licensure or certification 
        to engage in the activity.; The classifications shall be 
        authorized by the board and county board.  Applicants to fill 
        vacancies in the classifications shall be exempt from ranking 
        and certification provided for in section 383B.29, subdivision 
        2, clauses (a)(3), (4) and (5).  The director shall refer all 
        qualified applicants to the appointing authority having 
        vacancies in the appropriate classifications. 
           (i) (5) establish alternative selection procedures to 
        measure the ability of persons whose handicaps disabilities are 
        so severe that the usual selection process cannot adequately 
        predict job performance.  Alternative selection procedures may 
        include an on-the-job trial period not to exceed 640 hours to be 
        paid or not by mutual agreement between the person applying for 
        the position and the director.; 
           (j) (6) when a vacancy is to be filled, to certify to the 
        appointing authority upon requisition, the names of the persons 
        highest on the appropriate layoff list, or if there is no such 
        list, the appropriate eligible list for the class.  If there is 
        no layoff list, the director shall certify those on the 
        appropriate eligible list for the class.  If there is no 
        eligible list, the director may authorize temporary appointment 
        pending establishment of an eligible list for the class.; 
           (k) (7) maintain records necessary for the proper 
        administration of sections 383B.26 to 383B.42.; 
           (l) (8) provide a system for checking payrolls and accounts 
        for the payment of compensation to employees in the classified 
        and unclassified service so as to enable the director, upon 
        evidence thereof, to certify or cause to be certified the 
        persons whose names appear thereon have been employed or on 
        authorized leave before payment may be lawfully made to such 
        employees.; 
           (m) (9) make investigations concerning the administration 
        of sections 383B.26 to 383B.42 and rules made thereunder., and 
        take corrective actions as deemed reasonable and appropriate to 
        the situation; 
           (n) (10) make investigations and reports required by the 
        board or the county board and report thereon.; and 
           (o) (11) make an annual report to the county board and the 
        human resources board on the activities of the human resources 
        department. 
           (d) The classification plan authorized in paragraph (c), 
        clause (1), is effective on approval by the county board.  
           (e) The compensation plan authorized in paragraph (c), 
        clause (2), may include benefits and other emoluments to improve 
        the public service as determined by the human resources 
        director.  A plan that is approved by a majority vote of the 
        human resources board is a recommendation to the county board 
        which may approve or reject all or part of it. 
           (f) The examination process described in paragraph (c), 
        clause (3), must provide for:  (1) the rejection of otherwise 
        eligible applicants or candidates who fail to comply with the 
        reasonable requirements of the human resources director; and (2) 
        examinations that may consist of any one or a combination of the 
        following:  written or oral tests of the subjective or objective 
        type, physical tests, practical or demonstration tests, or 
        evaluation of past training and experience.  Oral tests, either 
        of the question and answer type, or the interview type, may be 
        used to test the candidates. 
           (g) The classifications described in paragraph (c), clause 
        (4), must be authorized by the county board.  Applicants to fill 
        vacancies in the classifications are exempt from ranking and 
        certification provided for in section 383B.29, subdivision 2, 
        paragraph (b), clause (2).  The director shall refer all 
        qualified applicants to the appointing authority having 
        vacancies in the appropriate classifications.  
           Sec. 9.  Minnesota Statutes 1998, section 383B.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNCLASSIFIED SERVICE.] (a) The unclassified 
        service comprises: 
           (a) (1) officers chosen by election or appointment to fill 
        an elective office.; 
           (b) (2) members of boards and commissions appointed by the 
        county board.; 
           (c) (3) physicians, medical residents, interns, and 
        students in training.; 
           (d) (4) nonsalaried attending medical staff.; 
           (e) (5) special sheriff's deputies serving without pay.; 
           (f) (6) seasonal, temporary, provisional, intermittent, and 
        emergency positions.; 
           (g) (7) positions funded by specific governmental or 
        nongovernmental grants of intermittent or limited funding 
        duration.; 
           (h) (8) the head director or principal administrative 
        officer of a bureau or department appointed pursuant to sections 
        383B.101 to 383B.103; or appointed by the county board; or 
        appointed for a term pursuant to statute. law; Notwithstanding 
        any contrary provision of other law, any person coming within 
        this provision, who, on August 11, 1980, is in the classified 
        service, shall remain in the classified service until vacating 
        the position.  Thereafter, any appointment hereunder shall be in 
        the unclassified service. 
           (i) (9) chief deputy or principal assistant and secretary 
        for each elected official.; 
           (j) (10) examiner of titles and deputy examiners.; 
           (k) (11) chief criminal deputy sheriff, a chief civil 
        deputy sheriff, a chief administrative deputy sheriff, and a 
        chief financial services deputy sheriff.; 
           (l) (12) public defender.; 
           (m) Administrative assistant to the district court 
        administrator. 
           (n) Temporary judicial appointments performing a special 
        function. 
           (o) (13) county medical examiner.; 
           (p) (14) office staff appointed by the county administrator 
        pursuant to sections 383B.101 to 383B.103.; and 
           (q) (15) county administrator.  
           (b) Notwithstanding any contrary provision of other law, 
        any person coming within paragraph (a), clause (8), who, on the 
        effective date of this section, is in the classified service, 
        remains in the classified service until vacating the position.  
        After that, an appointee to a position described in paragraph 
        (a), clause (8), is in the unclassified service. 
           Sec. 10.  Minnesota Statutes 1998, section 383B.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [UNCLASSIFIED SERVICE, COMPENSATION.] The human 
        resources director shall establish a compensation plan in 
        accordance with section 383B.31, clause (e) paragraph (c), 
        clause (2), for those employees in the unclassified service 
        identified in subdivision 2, clauses (c), (d), (f), (h), (i), 
        (j), (k), (m), and (p) (3), (4), (6), (8), (9), (10), (11), 
        (13), and (14). 
           Sec. 11.  [REPEALER.] 
           Minnesota Statutes 1998, section 383B.35, is repealed. 
           Presented to the governor April 13, 2000 
           Signed by the governor April 17, 2000, 3:56 p.m.