Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 207-S.F.No. 2703
An act relating to state employment; modifying state
hiring process provisions; adding, modifying, and
eliminating definitions; making technical changes;
requiring a study and report on the impacts of the
political subdivision compensation limit; amending
Minnesota Statutes 2002, sections 43A.02, subdivisions
4, 6, 11, 26, 32, 34, by adding subdivisions; 43A.04,
subdivisions 3, 4; 43A.05, subdivision 1; 43A.10;
43A.11, subdivisions 5, 7, 8, 9; 43A.15, subdivisions
1, 2, 4, 7, 10, 15; 43A.16, subdivision 1; 43A.191,
subdivision 3; 43A.36, subdivision 1; 43A.39,
subdivision 1; 197.455; Minnesota Statutes 2003
Supplement, section 43A.15, subdivision 14; proposing
coding for new law in Minnesota Statutes, chapter 43A;
repealing Minnesota Statutes 2002, sections 43A.02,
subdivisions 7, 8, 15, 16, 19, 20, 37; 43A.11,
subdivisions 3, 4; 43A.12; 43A.13, subdivisions 1, 2,
3, 4, 5, 6, 8; 43A.15, subdivisions 8, 9, 11;
Minnesota Statutes 2003 Supplement, section 43A.13,
subdivision 7; Minnesota Rules, parts 3900.3300;
3900.6100; 3900.6300; 3900.6400; 3900.6500; 3900.6600;
3900.7100; 3900.7200; 3900.7300; 3900.7400; 3900.8500;
3900.8600; 3900.8800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 43A.02,
subdivision 4, is amended to read:
Subd. 4. [APPLICANT.] "Applicant" means a person who
has completed a state application for employment and has
submitted it to the Department of Employee Relations or other
appointing authority who has been delegated authority to recruit
and examine individuals for state jobs satisfied the minimum
requirements for application established by the commissioner.
Sec. 2. Minnesota Statutes 2002, section 43A.02, is
amended by adding a subdivision to read:
Subd. 4a. [APPLICANT POOL.] "Applicant pool" means those
applicants who satisfy any limits on consideration for the
position under section 43A.10, subdivision 6a, and who have been
determined to meet the minimum qualifications for a vacant
position.
Sec. 3. Minnesota Statutes 2002, section 43A.02,
subdivision 6, is amended to read:
Subd. 6. [APPOINTMENT.] "Appointment" means the act of
filling a vacancy by placement of a person in a civil service
position through selection from an eligible list a finalist pool
or a noncompetitive or qualifying process including transfer,
demotion or reinstatement.
Sec. 4. Minnesota Statutes 2002, 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, 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. 5. Minnesota Statutes 2002, section 43A.02, is
amended by adding a subdivision to read:
Subd. 22b. [FINALIST POOL.] "Finalist pool" means those
members of the applicant pool who have been determined to best
meet all the qualifications for a vacant position and who may be
legally appointed to the position.
Sec. 6. Minnesota Statutes 2002, section 43A.02,
subdivision 26, is amended to read:
Subd. 26. [LAYOFF LIST.] "Layoff list" means an eligible a
list by class of former permanent or probationary employees of a
job class who have been terminated from positions in the class
because of a shortage of funds or curtailment of service or for
any other reason beyond their control not reflecting discredit
on the employee are eligible to be recalled to that class under
the provisions of a collective bargaining agreement or plan
established under section 43A.18.
Sec. 7. Minnesota Statutes 2002, section 43A.02,
subdivision 32, is amended to read:
Subd. 32. [PROBATIONARY PERIOD.] "Probationary period","
part of the examination selection process, means a working
period following unlimited appointment to a position in the
classified service, during which the employee is required to
demonstrate ability to perform the duties and fulfill the
responsibilities of the position.
Sec. 8. Minnesota Statutes 2002, section 43A.02,
subdivision 34, is amended to read:
Subd. 34. [QUALIFYING APPOINTMENT.] "Qualifying
appointment" means the selection, from other than an eligible
list a finalist pool, of a candidate an applicant who has
demonstrated through an examination a selection process that the
candidate applicant meets minimum job-related requirements.
Sec. 9. Minnesota Statutes 2002, 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 selection procedures and for making appointments
of individuals who are not employees of the civil service;
(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.15, subdivision 14; and
(8) procedures or policies that affect the operation of or
participation in the public employees insurance program.
Sec. 10. Minnesota Statutes 2002, 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 processes and requirements for
agencies to publicize job openings and consider applicants who
are referred or nominate themselves, conduct of competitive
promotional examinations, ranking and certification of selection
procedures limited to employees for promotion, noncompetitive
and qualifying appointments of employees and leaves of absence;
(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. 11. Minnesota Statutes 2002, section 43A.05,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner through the
Personnel Bureau shall perform the duties assigned in this
chapter. 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 administration of systems for
employee selection; 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 2002, section 43A.10, is
amended to read:
43A.10 [EXAMINATIONS SELECTION PROCESS; ELIGIBILITY TO
COMPETE.]
Subdivision 1. [GENERAL.] Entrance to the classified
service shall be through successful competition in an
examination and certification a selection process and
appointment from an eligible list a finalist pool except as
provided in section 43A.15 or other law and for employees in a
bargaining unit as defined in section 179A.10, appointments
shall be subject to applicable provisions of collective
bargaining agreements.
Subd. 2. [EXAMINATION SELECTION CRITERIA AND METHODS.] All
examinations selection criteria and methods for filling
positions in the classified service shall be job related and
designed to fairly assess ability to perform the duties of the
class vacant position for which the examination selection
process is given conducted.
Subd. 2a. [APPLICATION REQUIREMENTS.] The commissioner
shall establish and maintain a database of applicants for state
employment. The commissioner shall establish, publicize, and
enforce minimum requirements for application. The appointing
authority shall enforce the established minimum requirements for
application for individuals who express interest directly to the
appointing authority.
Subd. 2b. [TERM OF ELIGIBILITY.] The term of eligibility
on layoff lists shall be as provided in the collective
bargaining agreement or plan established under section 43A.18,
under which the layoff list was established. The term of
eligibility for all other applicants shall be determined by the
commissioner but shall not be less than six months.
Subd. 3. [FACILITIES FURNISHED EXAMINERS FOR SELECTION
PROCEDURES.] The authorities having control of public buildings
in political subdivisions of the state and school districts,
upon written request of the commissioner, shall furnish
convenient facilities for the administration of examinations
selection procedures. Upon such request, it shall be the duty
of state and local authorities and employees, as it is
consistent with their other duties, to aid in carrying out the
provisions of this section. Campuses of the Minnesota State
Colleges and Universities may charge the commissioner for actual
costs incurred in providing facilities for
examinations selection procedures, provided that the costs were
incurred due solely to the examination selection procedure.
Subd. 4. [CANDIDATES, ELIGIBLES APPLICANTS; EXPENSES.] The
commissioner or an appointing authority may pay travel expenses
incurred by candidates or eligibles applicants invited for oral
examinations or employment interviews in the manner and amounts
authorized by the commissioner.
Subd. 5. [ELIGIBILITY FOR COMPETITIVE OPEN EXAMINATIONS.]
Competitive open examinations shall, upon public notice, be open
to all applicants who meet reasonable job-related requirements
fixed by the commissioner.
Subd. 6. [ELIGIBILITY FOR COMPETITIVE PROMOTIONAL
EXAMINATIONS.] Competitive promotional examinations shall be
open only to employees of the civil service, the Minnesota State
Retirement System, the Public Employees Retirement Association,
and the Teacher's Retirement Association. The commissioner may
require that competition be extended to all employees as defined
above or may limit competition to employees of one or more
agencies or organizational units thereof or to employees meeting
specified employment conditions.
Subd. 6a. [LIMITED CONSIDERATION OF APPLICANTS.] The
commissioner may limit consideration to only those applicants
who have indicated availability for the geographic location,
employment condition, travel status, and job grouping of the
vacant position and who have indicated possession of the minimum
qualifications for the vacant position. In addition, the
commissioner may limit consideration to only those applicants
who are:
(1) employees on a layoff list for the job class of the
position. The appointing authority shall consider those names
as provided in collective bargaining agreements and plans
established under section 43A.18;
(2) current employees of the civil service, the Minnesota
State Retirement System, the Public Employees Retirement
Association, and the Teacher's Retirement Association, or
employees of one or more agencies or organizational units under
them;
(3) former permanent and probationary employees of the job
class who separated from the class in good standing within the
past four years and have indicated availability for
reinstatement to the class; or
(4) current permanent and probationary employees who have
indicated availability for transfer or demotion to the job class.
Subd. 6b. [REFUSAL TO CONSIDER AN APPLICANT.] The
commissioner may remove from consideration any applicant who:
(1) has been dismissed for cause from the public service;
(2) has directly or indirectly given or promised to give
anything of value to any person in connection with the selection
process, appointment, or proposed appointment;
(3) has made a false statement of any material fact, or
practiced or attempted to practice any deception or fraud in the
application or selection process or in securing eligibility or
appointment; or
(4) has a prior conviction of a crime directly related to
the vacant position provided the refusal is consistent with the
requirements and procedures of chapter 364.
When the commissioner refuses to consider an applicant, the
commissioner shall, upon request of the applicant, furnish the
applicant a statement of the reasons for the refusal. Upon
receipt of relevant information, the commissioner shall
reconsider the refusal and may restore the applicant to
consideration.
Subd. 7. [EXAMINATION SELECTION PROCESS ACCOMMODATIONS.]
Upon request, the commissioner or appointing authority shall
provide examination selection process accommodations to a
candidate an applicant with a disability that does not prevent
performance of the duties of the class position. The
accommodations must provide an opportunity to fairly examine
assess the ability of the candidate applicant to perform the
duties of the class position notwithstanding the disability but
must preserve, to the extent feasible, the validity of the
examination selection process and equitable comparison of
examination scores results with the results of competitors
without disabilities.
Subd. 8. [ELIGIBILITY FOR QUALIFIED DISABLED
EXAMINATIONS.] The commissioner shall establish alternative
examination methods to assess the qualifications of applicants
for a competitive open or competitive promotional examination
who have a disability that does not prevent performance of the
duties of the class but that cannot be accommodated in the
regular examination process. Alternative examination methods
offered must allow candidates for competitive open and
competitive promotional exams to demonstrate possession of the
same knowledge, skills, and abilities essential to satisfactory
performance in the job class without compromising inferences
about other candidates' qualifications.
Sec. 13. Minnesota Statutes 2002, section 43A.11,
subdivision 5, is amended to read:
Subd. 5. [DISABLED VETERAN; DEFINITIONS.] For the purpose
of the preference to be used in securing appointment from a
competitive open examination an applicant pool, "disabled
veteran" means a person who has a compensable service connected
disability as adjudicated by the United States Veterans
Administration, or by the retirement board of one of the several
branches of the armed forces, which disability is existing at
the time preference is claimed. For purposes of the preference
to be used in securing appointment from a competitive
promotional examination, "disabled veteran" means a person who,
at the time of election to use a promotional preference, is
entitled to disability compensation under laws administered by
the Veterans Administration for a permanent service connected
disability rated at 50 percent or more.
Sec. 14. Minnesota Statutes 2002, section 43A.11,
subdivision 7, is amended to read:
Subd. 7. [RANKING OF VETERANS.] An eligible with a rating
augmented by veteran's preference shall be entered on an
eligible list ahead of a nonveteran with the same
rating. Applicants who meet the minimum qualifications for a
vacant position and claim disabled veteran's preference shall be
listed in the applicant pool ahead of all other applicants.
Applicants who meet the minimum qualifications for a vacant
position and claim nondisabled veteran's preference shall be
listed in the applicant pool after those claiming disabled
veteran's preference and ahead of nonveterans.
Sec. 15. Minnesota Statutes 2002, section 43A.11,
subdivision 8, is amended to read:
Subd. 8. [NOTIFICATION.] A governmental agency The
commissioner or an appointing authority, when
notifying eligibles applicants that they have passed
examinations been accepted into the state's selection process,
shall show the final examination ratings preference credits and
shall notify eligibles applicants that they may elect to use
veteran's preference to augment passing ratings.
Sec. 16. Minnesota Statutes 2002, section 43A.11,
subdivision 9, is amended to read:
Subd. 9. [REJECTION; EXPLANATION.] If the appointing
authority rejects a certified eligible member of the finalist
pool who has received claimed veteran's preference, the
appointing authority shall notify the eligible finalist in
writing of the reasons for the rejection.
Sec. 17. [43A.121] [RANKING OF THE APPLICANT POOL.]
Applicants referred from a layoff list shall be ranked as
provided in the collective bargaining agreement or plan
established under section 43A.18, under which the layoff list
was established. All other names in an applicant pool shall be
ranked according to the veteran's preference provisions of
section 43A.11, subdivision 7, and then in descending order of
the number of skill matches for the vacant position. If any
ties in rank remain, those names shall appear in alphabetical
order.
Sec. 18. Minnesota Statutes 2002, section 43A.15,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Positions in the classified
service may be filled other than by appointment from eligible
lists a finalist pool only as provided in this section or other
law, provided that appointments made pursuant to subdivisions 5,
6, 9, 10, 11, and 12, and 13 shall be subject to applicable
provisions of collective bargaining agreements.
Sec. 19. Minnesota Statutes 2002, section 43A.15,
subdivision 2, is amended to read:
Subd. 2. [EMERGENCY APPOINTMENTS.] An appointing authority
may make an emergency appointment for up to 30 45 working days.
If necessary, the commissioner may grant an extension of the
emergency appointment for 15 additional working days. No person
may be employed in any one agency on an emergency basis for more
than 45 working days in any 12-month period.
Sec. 20. Minnesota Statutes 2002, section 43A.15,
subdivision 4, is amended to read:
Subd. 4. [PROVISIONAL APPOINTMENTS.] The commissioner may
authorize an appointing authority to make a provisional
appointment if there is an urgent reason for filling a vacancy
and no person on an incomplete certification applicant is
suitable or available for appointment. and
No the person shall to be provisionally appointed unless
the person has passed an appropriate qualifying examination or
is qualified in all respects except for completion of a
licensure or certification requirement. To the extent possible,
the commissioner shall ensure that provisional appointments are
kept to a minimum.
No person shall be employed on a provisional basis for more
than six months unless the commissioner grants an extension to a
maximum of 12 months in the best interest of the state. No
extension may be granted beyond 12 months except for persons
provisionally appointed to physician positions or other
positions requiring licensure or certification where there is a
lack of eligibles applicants and the provisional appointee is
continuing to work to complete the licensure or certification
requirement.
At the request of an appointing authority, the commissioner
may authorize the probationary appointment of a provisional
appointee who has performed satisfactorily for at least 60
days and has completed the licensure or certification
requirement.
Sec. 21. Minnesota Statutes 2002, section 43A.15,
subdivision 7, is amended to read:
Subd. 7. [APPOINTMENTS FOR UNCLASSIFIED INCUMBENTS OF
NEWLY CLASSIFIED POSITIONS.] The commissioner may authorize the
probationary appointment of an incumbent who has passed a
qualifying examination selection process and who has served at
least one year in an unclassified position which has been placed
in the classified service by proper authority.
Sec. 22. Minnesota Statutes 2002, section 43A.15,
subdivision 10, is amended to read:
Subd. 10. [ROUTINE SERVICE AND ENTRY CLERICAL
APPOINTMENTS.] The commissioner may authorize the administration
of a qualifying selection process if a class is of a routine,
service nature involving unskilled tasks, the performance of
which cannot be directly related to qualifications beyond a
minimum competency level. The commissioner may also authorize
the administration of qualifying skill tests for entry level
clerical positions as an alternative to certification from an
eligible list as provided in section 43A.13.
Sec. 23. Minnesota Statutes 2003 Supplement, section
43A.15, subdivision 14, is amended to read:
Subd. 14. [ON-THE-JOB DEMONSTRATION EXAMINATION PROCESS
AND APPOINTMENT.] The commissioner shall establish qualifying
procedures for candidates applicants whose disabilities are of
such a severe nature that the candidates applicants are unable
to demonstrate their abilities in competitive and qualified
disabled examination processes the selection process. The
qualifying procedures must consist of up to 700 hours on-the-job
trial work experience which will be in lieu of a competitive
examination and for which the disabled person has the option of
being paid or unpaid. Up to three persons with severe
disabilities and their job coach may be allowed to demonstrate
their job competence as a unit through the on-the-job trial work
experience examination selection procedure. This work
experience on-the-job demonstration process must be limited
to candidates for appointment, promotion, or transfer applicants
for which whom there is no reasonable accommodation in
the examination selection process.
The commissioner may authorize the probationary appointment
of a candidate an applicant based on the request of the
appointing authority that documents that the candidate applicant
has successfully demonstrated qualifications for the position
through completion of an on-the-job trial work experience. The
implementation of this subdivision may not be deemed a violation
of chapter 43A or 363A.
Sec. 24. Minnesota Statutes 2002, section 43A.15,
subdivision 15, is amended 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. The four-year limitation does not
apply to former permanent or probationary employees of the class
who are receiving disability benefits under a state retirement
plan.
Sec. 25. Minnesota Statutes 2002, section 43A.16,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] All unlimited appointments to
positions in the classified service except as provided in this
subdivision shall be for a probationary period the duration of
which shall be determined through collective bargaining
agreements or plans established pursuant to section 43A.18 but
which shall not be less than 30 days of full-time equivalent
service nor more than two years of full-time equivalent
service. An appointing authority may require a probationary
period for transfers, reemployments, reinstatements, voluntary
demotions, and appointments from layoff lists of former
employees of a different appointing authority. For employees in
a bargaining unit as defined in section 179A.10 the requirement
of such a probationary period shall be subject to applicable
provisions of collective bargaining agreements.
Sec. 26. Minnesota Statutes 2002, section 43A.191,
subdivision 3, is amended to read:
Subd. 3. [AUDITS; SANCTIONS AND INCENTIVES.] (a) The
commissioner shall annually audit the record of each agency to
determine the rate of compliance with affirmative action
requirements.
(b) By March 1 of each odd-numbered year, the commissioner
shall submit a report on affirmative action progress of each
agency and the state as a whole to the governor and to the
Finance Committee of the senate, the Ways and Means Committee of
the house of representatives, the Governmental Operations
Committees of both houses of the legislature, and the
Legislative Coordinating Commission on Employee Relations. The
report must include noncompetitive appointments made under
section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 13
7, 10, and 12, and cover each agency's rate of compliance with
affirmative action requirements.
(c) An agency that does not meet its hiring goals must
justify its nonaffirmative action hires in competitive and
noncompetitive appointments according to criteria issued by the
Department of Employee Relations. "Missed opportunity" includes
failure to justify a nonaffirmative action hire. An agency must
have 25 percent or less missed opportunities in competitive
appointments and 25 percent or less missed opportunities in
appointments made under sections 43A.08, subdivisions 1, clauses
(9), (11), and (16); and 2a; and 43A.15, subdivisions 3 to 7,
10, 12, and 13. In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected
group members by following an active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and
procedures for measuring compliance.
(e) An agency is encouraged to develop other innovative
ways to promote awareness, acceptance, and appreciation for
diversity and affirmative action. These innovations will be
considered when evaluating an agency's compliance with this
section.
(f) An agency not in compliance with affirmative action
requirements of this section must identify methods and programs
to improve performance, to reallocate resources internally in
order to increase support for affirmative action programs, and
to submit program and resource reallocation proposals to the
commissioner for approval. An agency must submit these
proposals within 120 days of being notified by the commissioner
that it is out of compliance with affirmative action
requirements. The commissioner shall monitor quarterly the
affirmative action programs of an agency found to be out of
compliance.
(g) The commissioner shall establish a program to recognize
an agency that has made significant and measurable progress in
implementing an affirmative action plan.
Sec. 27. Minnesota Statutes 2002, 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 this chapter.
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 and make the applicant database available
to appointing authorities to use in making appointments to
positions in the unclassified service.
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. 28. Minnesota Statutes 2002, section 43A.39,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS; PENALTIES.] All employees
shall comply with and aid in all proper ways the enforcement of
the provisions of this chapter. No employee or any other person
shall intentionally:
(a) Make any false oral or written statement, mark, rating
or report concerning any application, examination, certification
selection process, or appointment made under provisions of this
chapter or in any manner commit or attempt to commit any fraud
preventing the impartial execution of this chapter;
(b) Directly or indirectly, give, render, pay, offer,
solicit, or accept any money, service or other valuable
consideration for any appointment, proposed appointment,
promotion or proposed promotion to, or any advantage in
obtaining, a position in the civil service;
(c) Defeat, deceive, or obstruct any person in exercising
rights to examination, eligibility, certification or appointment
under this chapter, or furnish to any person any special or
secret information for the purpose of affecting the rights or
prospects of any person with respect to appointment, advancement
or retention in the classified service;
(d) Violate the provisions of section 43A.37 or 43A.38; or
(e) If in the classified service, engage in activities
prohibited by section 43A.32.
Sec. 29. Minnesota Statutes 2002, section 197.455, is
amended to read:
197.455 [STATE LAW APPLICABLE VETERAN'S PREFERENCE
APPLIED.]
Subdivision 1. [APPLICATION.] The provisions of section
43A.11 granting preference to veterans in the state civil
service This section shall also govern preference of a veteran
under the civil service laws, charter provisions, ordinances,
rules or regulations of a county, city, town, school district,
or other municipality or political subdivision of this state,
except that a notice of rejection stating the reasons for
rejection of a qualified veteran shall be filed with the
appropriate local personnel officer. Any provision in a law,
charter, ordinance, rule or regulation contrary to the
applicable provisions of this section 43A.11 is void to the
extent of such inconsistency. Sections 197.46 to 197.48 shall
not apply to state civil service.
Subd. 2. [CREATION.] Recognizing that training and
experience in the military services of the government and
loyalty and sacrifice for the government are qualifications of
merit which cannot be readily assessed by examination, a
veteran's preference shall be available to a veteran as defined
in section 197.447.
Subd. 3. [RESTRICTIONS.] Veteran's preference credit under
this section may not be used by any veteran who is currently
receiving or is eligible to receive a monthly veteran's pension
based exclusively on length of military service.
Subd. 4. [NONDISABLED VETERAN'S CREDIT.] There shall be
added to the competitive open examination rating of a
nondisabled veteran, who so elects, a credit of five points
provided that the veteran obtained a passing rating on the
examination without the addition of the credit points.
Subd. 5. [DISABLED VETERAN'S CREDIT.] There shall be added
to the competitive open examination rating of a disabled
veteran, who so elects, a credit of ten points provided that the
veteran obtained a passing rating on the examination without the
addition of the credit points. There shall be added to the
competitive promotional examination rating of a disabled
veteran, who so elects, a credit of five points provided that
(1) the veteran obtained a passing rating on the examination
without the addition of the credit points; and (2) the veteran
is applying for a first promotion after securing public
employment.
Subd. 6. [DISABLED VETERAN; DEFINITIONS.] For the purpose
of the preference to be used in securing appointment from a
competitive open examination, "disabled veteran" means a person
who has a compensable service-connected disability as
adjudicated by the United States Veterans Administration, or by
the retirement board of one of the several branches of the armed
forces, which disability is existing at the time preference is
claimed. For purposes of the preference to be used in securing
appointment from a competitive promotional examination,
"disabled veteran" means a person who, at the time of election
to use a promotional preference, is entitled to disability
compensation under laws administered by the Veterans
Administration for a permanent service-connected disability
rated at 50 percent or more.
Subd. 7. [PREFERENCE FOR SPOUSES.] A preference available
pursuant to this section may be used by the surviving spouse of
a deceased veteran and by the spouse of a disabled veteran who
because of the disability is unable to qualify.
Subd. 8. [RANKING OF VETERANS.] An eligible with a rating
augmented by veteran's preference shall be entered on an
eligible list ahead of a nonveteran with the same rating.
Subd. 9. [NOTIFICATION.] A governmental agency, when
notifying eligibles that they have passed examinations, shall
show the final examination ratings and preference credits and
shall notify eligibles that they may elect to use veteran's
preference to augment passing ratings.
Subd. 10. [REJECTION; EXPLANATION.] If the appointing
authority rejects a certified eligible who has received
veteran's preference, the appointing authority shall notify the
eligible in writing of the reasons for the rejection and file
the notice with the appropriate local personnel officer.
Sec. 30. [LEGISLATIVE STUDY.]
The Legislative Coordinating Commission shall study and
report to the governmental operations and local government
committees of both houses of the legislature by January 15,
2005, on the impacts of the political subdivision compensation
limit on local units of government. The study must, at a
minimum:
(1) examine local government compensation limits and
comparative salary data in other states;
(2) assess the impacts of the local government compensation
limit on salary structures, recruitment, and retention; and
(3) evaluate alternatives to the compensation limit,
including elimination of the limit.
In developing this report, the commission must consult with the
commissioner of employee relations and local government
associations, including the Association of Metropolitan
Municipalities, Association of Minnesota Counties, League of
Minnesota Cities, Metropolitan Inter-County Association,
Municipal Legislative Commission, and the Minnesota City/County
Management Association.
Sec. 31. [REPEALER.]
(a) Minnesota Statutes 2002, sections 43A.02, subdivisions
7, 8, 15, 16, 19, 20, and 37; 43A.11, subdivisions 3 and 4;
43A.12; 43A.13, subdivisions 1, 2, 3, 4, 5, 6, and 8; and
43A.15, subdivisions 8, 9, and 11; and Minnesota Statutes 2003
Supplement, section 43A.13, subdivision 7, are repealed.
(b) Minnesota Rules, parts 3900.3300; 3900.6100; 3900.6300;
3900.6400; 3900.6500; 3900.6600; 3900.7100; 3900.7200;
3900.7300; 3900.7400; 3900.8500; 3900.8600; and 3900.8800, are
repealed.
Presented to the governor May 14, 2004
Signed by the governor May 18, 2004, 3:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes