Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 210-H.F.No. 1941 
                  An act relating to Anoka County; authorizing the 
                  county to establish a Personnel Board of Appeals. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [ANOKA COUNTY PERSONNEL BOARD OF APPEALS.] 
           Subdivision 1.  [CREATION.] Anoka County may establish a 
        Personnel Board of Appeals to review disciplinary appeals as 
        provided in this section. 
           Subd. 2.  [MEMBERSHIP; ELIGIBILITY.] The county Personnel 
        Board of Appeals has three members appointed by the county 
        board.  Each member of the county Personnel Board of Appeals 
        must be a resident of the county.  A member of the county 
        Personnel Board of Appeals must not be an Anoka County employee, 
        hold any elected or appointed Anoka County office, or be a 
        candidate for any Anoka County office. 
           Subd. 3.  [TERMS.] Members of the first Personnel Board of 
        Appeals serve for terms beginning on a date set by resolution of 
        the county board as follows:  one must be appointed for a 
        one-year term, one for a two-year term, and one for a three-year 
        term.  Thereafter, each member serves a three-year term, except 
        that upon expiration of a member's term that member continues to 
        serve until the county board has appointed a successor. 
           Subd. 4.  [REMOVAL; VACANCY.] The county board may remove a 
        member of the Personnel Board of Appeals for cause.  In addition 
        to the provisions of Minnesota Statutes, section 351.02, a 
        position on the Personnel Board of Appeals becomes vacant when a 
        member files as a candidate for any Anoka County office, accepts 
        employment with Anoka County, or takes any elected or appointed 
        Anoka County office. 
           Subd. 5.  [FILLING A VACANCY.] The county board must 
        appoint, as soon as practicable, a person to complete the 
        unexpired term of any member who is removed from or vacates the 
        member's position before expiration of that member's term. 
           Subd. 6.  [COMPENSATION; EXPENSES.] The county board must 
        provide by resolution for compensation of members of the 
        Personnel Board of Appeals.  The county must reimburse members 
        of the Personnel Board of Appeals for actual and necessary 
        expenses. 
           Subd. 7.  [SCOPE OF AUTHORITY; DISCIPLINARY APPEALS.] The 
        county Personnel Board of Appeals must hear all appeals relating 
        to discharge, suspension without pay, demotion for cause, salary 
        decrease, and other related disciplinary actions. 
           Subd. 8.  [DECISIONS OF PERSONNEL BOARD OF APPEALS.] Except 
        as otherwise provided in this subdivision, the Personnel Board 
        of Appeals must hear an appeal of a disciplinary action within 
        30 working days of receiving the appeal.  The hearing may be 
        held at a later date if the Personnel Board of Appeals, the 
        appointing authority, and the employee agree.  The Personnel 
        Board of Appeals may accept, reject, or modify the disciplinary 
        action, and then must report its decision to the county human 
        resources director.  The human resources director must serve a 
        copy of the decision on the employee and the appointing 
        authority.  Service may be by personal service or by mail to the 
        last know address of each party.  Service by mail is complete 
        upon mailing.  The decision of the Personnel Board of Appeals is 
        final and is effective on the date of service. 
           Subd. 9.  [APPEAL OF PERSONNEL BOARD OF APPEALS 
        DECISION.] The appointing authority or the employee may appeal 
        the decision by filing a petition for writ of certiorari with 
        the Court of Appeals within 30 days after service of the 
        decision on the parties.  The Court of Appeals must decide the 
        appeal on the Personnel Board of Appeals' record of the matter.  
        The Court of Appeals may reverse the Personnel Board of Appeals' 
        decision if the court finds no evidence upon which the Personnel 
        Board of Appeals could have reached its decision or if the 
        Personnel Board of Appeals abused its discretion. 
           Subd. 10.  [PROPER PARTY TO LITIGATION.] Anoka County, not 
        the Personnel Board of Appeals, is the proper party to an appeal 
        or any other litigation arising out of this section.  The 
        Personnel Board of Appeals cannot sue or be sued.  The Anoka 
        County attorney must represent the county in any litigation 
        arising under this section. 
           Subd. 11.  [COLLECTIVE BARGAINING AGREEMENTS.] Procedures 
        for discipline and discharge of employees covered by collective 
        bargaining agreements are governed by the agreements to the 
        extent the agreements are inconsistent with this section.  An 
        employee cannot use both the procedure provided by this section 
        and the grievance procedure provided in Minnesota Statutes, 
        chapter 179A. 
           Subd. 12.  [LOCAL APPROVAL; EFFECTIVE DATE.] This section 
        is effective the day after the Anoka County board and its chief 
        clerical officer timely complete their compliance with Minnesota 
        Statutes, section 645.021, subdivisions 2 and 3. 
           Presented to the governor May 14, 2004 
           Signed by the governor May 18, 2004, 4:10 p.m.