language to be deleted (2) new language
relating to local government; amending the St. Louis County Civil Service Commission; making technical changes; removing obsolete language;
amending Minnesota Statutes 2018, sections 383C.031; 383C.032; 383C.033; 383C.034; 383C.035; 383C.037; 383C.038; 383C.039; 383C.04; 383C.041; 383C.042; 383C.043; 383C.044; 383C.045; 383C.046; 383C.048; 383C.05; 383C.051; 383C.056; proposing coding for new law in Minnesota Statutes, chapter 383C; repealing Minnesota Statutes 2018, sections 383C.036; 383C.047; 383C.049; 383C.052; 383C.053; 383C.059.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Within 30 days after a majority of the voters of the county voting upon said question elect to come within the provisions of sections 383C.03 to 383C.059, the board of county commissioners shall by majority vote, appoint three persons as county civil service commissioners to serve for designated terms of one for two years, one for four years, and one for six years. Each alternate year thereafter the board of county commissioners shall appoint one person as successor for the county civil service commissioner whose term shall expire, to serve six years. Any vacancies shall be filled by the board of county commissioners for the unexpired term. No person shall be appointed or shall act as a member of the county civil service commission at any time while holding any public office or while standing as a candidate for any public office, notary public excepted, or any public employment or position in a political party within the two years immediately preceding appointment. Each member of said commission shall be a resident in the county and on becoming a nonresident, thereby forfeits the office. Within 15 days after appointment, each commissioner shall qualify by subscribing to an oath for the faithful discharge of duties and file said oath with said court administrator of the district court and such oath shall include a statement of belief in and desire to support the principles of the merit system. If an appointee fails to so qualify, another shall be named. Each commissioner shall hold office until a successor has been appointed and qualified, except in case a commissioner shall stand as a candidate for elective public office, whereupon the filing of candidacy thereby automatically results in forfeiture of the office. The county civil service commission shall organize by electing one of its members as presiding officer and the civil service director hereinafter provided shall serve as secretary.
The county board of commissioners shall appoint a civil service director. The civil service director shall be in the unclassified service.
Members of the county civil service commission shall hold regular meetings at least once each month and may hold such additional meetings as may be required in the proper discharge of their duties. Meetings of the commission shall be open to the public. The commission shall keep records and minutes of its business and official actions and such records and minutes shall be public records open to public inspection, subject to such rules as to hours and conditions of inspection as the commission may establish. It shall be the duty of the county civil service commission as a body:
(a) After public hearing to adopt such rules and regulations for the administration of sections 383C.03 to 383C.059, such classification and compensation plans for the classified service, together with rules for their administration, and amendments thereof as may be recommended by the civil service director after a thorough survey of personnel organization included in such plan or plans, and suitable regulations covering vacations, leave of absence and sick leave, the order of layoff in case of a curtailment in the number of employees in any class in any department, compulsory retirement at a fixed age, and any other conditions affecting the employment of persons within the classified service, which, when approved by the board of county commissioners, shall have the force and effect of law and be binding upon all county officers, boards and commissions. Rules and regulations affecting employees of the local social services agency should be in conformance with any federal regulations established by the Social Security Board.
(b) To make investigations either on petition of a citizen or of its own motion concerning the enforcement and effect of sections 383C.03 to 383C.059, to require observance of its provisions and the rules and regulations made thereunder.
(c) To hear and determine appeals or complaints respecting the administrative work of the civil service director, the rejection of an applicant for admission to an examination, and such other matters as may be referred to the commission by the civil service director.
(d) To make such investigations as may be requested by the board of county commissioners and to report thereon.
The civil service director as executive head of the county civil service commission shall direct and supervise all of its administrative and technical activities in addition to the duties imposed, elsewhere in sections 383C.03 to 383C.059, and shall:
(a) Attend the regular and special meetings of the county civil service commission, to act as its secretary and to record its official actions.
(b) Appoint, supervise and direct such employees of the civil service department as may be necessary to carry out the provisions of sections 383C.03 to 383C.059. Such employees shall be chosen in accordance with and shall be subject to the provisions of sections 383C.03 to 383C.059.
(c) Prepare and recommend rules and regulations for the administration of sections 383C.03 to 383C.059, which shall become effective after approval by the commission and the board of county commissioners, as provided in sections 383C.03 to 383C.059, to administer such rules and regulations and to propose amendments thereto.
(d) Establish and maintain in card or other suitable form a roster of all officers and employees in the service of the county, which shall show the employment history of each such employee. The director shall have access to all records and papers, the examination of which will aid in the discharge of duties in connection with such roster.
(e) Ascertain and record the duties and responsibilities pertaining to all positions in the classified service and classify such positions in the manner hereinafter provided.
(f) As soon as practicable after the adoption of the classification plan, prepare a schedule of salary or wage rates and ranges for each class, grade or group of positions in the classification. Such salary and wage schedules when approved by the civil service commission after public hearing shall be submitted to the board of county commissioners who may approve or reject such schedules. When approved by the board of county commissioners, they shall be used in connection with all payrolls and accounting records and with all budget estimates for all departments or agencies of the county government. Nothing in this section shall prevent the board of county commissioners from increasing or reducing the salary or wage rates of positions to conform to the terms of a negotiated labor agreement.
(g) Provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class of positions and as a result thereof, establish employment lists for the various classes of positions.
(h) When a vacant position is to be filled, to certify to the appointing authority the names of the three persons highest on the reemployment or promotional list, or the names of the seven persons highest on the employment list for the class, provided, however, that if there are less than three names remaining on the reemployment or the promotional lists, the director shall certify such lesser numbers remaining on said lists, thereby using all names of persons willing to accept appointment before drawing any names from an employment list. When the director determines that there is significant under representation of a protected group with respect to race or sex in the class, and the first seven candidates on the employment list do not include a member of the under represented group, the director shall add the highest ranking available individual on the employment list from that group to the list of the candidates certified. If there are no such lists, the director may authorize provisional appointments pending the establishment of such employment list for such class. Such provisional appointment shall not continue for a period longer than four months, nor shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year, nor shall there be more than one provisional appointment to any given position in any 12-month period; except that, after November 3, 1942, and prior to the time that lists of eligibles are available, appointments to offices and employments in the classified service may be made in accordance with existing laws and without regard to the provisions of sections 383C.03 to 383C.059. Persons so appointed shall not be entitled to any of the privileges set forth in sections 383C.03 to 383C.059 except in the case of appointments made through merit examinations under authority of Laws 1941, chapter 476, section 1, but they shall be permitted to apply for and take any competitive examination for which they may be eligible. Such employees may continue in such employment, notwithstanding any contrary provisions of sections 383C.03 to 383C.059, until 60 days after the director shall have certified that lists of eligibles are available for such office or employment, whereupon the employment of such persons shall automatically terminate and such office or employment shall be filled from such lists of eligibles as provided in sections 383C.03 to 383C.059. In case of an emergency, an appointment may be made of not to exceed ten days duration without regard to the provisions of sections 383C.03 to 383C.059, which appointment shall be immediately reported to the civil service director. Successive emergency appointments shall not be made.
(i) Establish the length of the probation or working test period which shall not be less than six months and not more than 12 months, during which time discharges may be effected without specifying cause or granting a hearing, to enable the appointing authority to determine whether new officers and employees are able and willing to perform their duties satisfactorily; and for the method of removal or transfer of such officers and employees whose work or conduct during such period is unsatisfactory.
(j) Establish record of performance and a system of service ratings to be used in determining increases and decreases in salaries and in promotions.
(l) Provide a system of checking payrolls, estimates and accounts for payment of salaries or wages to employees in the classified service, as to enable the director upon satisfactory evidence thereof, to certify or cause to be certified that the persons whose names appear thereon have been regularly employed in the performance of the duties indicated at the compensation rates and for the periods for which compensation is claimed or are on authorized leave before payment may be lawfully made to such employees.
(n) Make an annual report to the county civil service commission.
(a) The officers and employees of the county and of any agency, board, or commission, supported in whole or in part by taxation upon the taxable property of the county or appointed by the judges of the district court for the county, are divided into the unclassified and classified service.
(b) The unclassified service comprises:
(1) all officers elected by popular vote or persons appointed to fill vacancies in such offices;
(2) judges and receivers, referees, arbiters, court reporters, jurors, notaries public, and persons appointed by a court to make or conduct any special inquiry of a judicial and temporary character;
(3) superintendent or principal administrative officer or comptroller of any separate department of county government which is now or hereafter created pursuant to law, who is directly responsible to the board of county commissioners or any other board or commission, as well as the county agricultural agents and the home demonstration agents under the control of the county extension committee;
(4) members of nonpaid board, or commissioners appointed by the board of county commissioners or acting in an advisory capacity;
(5) assistant county attorneys or special investigators in the employ of the county attorney. For purposes of this section, special investigators are defined as all nonclerical positions in the employ of the county attorney;
(6) all common labor temporarily employed on an hourly basis;
(7) all inmate or patient help in county institutions;
(8) all physicians, dentists, registered nurses and medical laboratory technicians working under the direction of a licensed physician or dentist in any hospital or sanitarium operated by a commission or board of such county;
(9) not more than a total of nine clerks serving the county board and administrator;
(10) a legislative lobbyist/grant coordinator appointed by the county board to act as legislative liaison with the St. Louis County legislative delegation and pursue legislative concerns and grant opportunities for the county, and the clerk for that position;
(11) the county recorder;
(12) any department head designated by the county board;
(13) three administrative assistants in the county administrator's office; and
all court bailiffs.
(c) The classified service includes all other positions now existing and hereinafter created in the service of the county or any board or commission, agency, or offices of the county.
The civil service director shall, as soon as practicable after sections 383C.03 to 383C.059 take effect and after consultation with appointing authorities and principal supervising officials, recommend to the county civil service commission a classification plan, together with proposed rules for its administration. Such classification plan shall show each class of positions in the classified service, and when approved by the county civil service commission, shall be made public, together with the rules for its administration. Each such class shall include such positions requiring duties which are substantially similar in respect to duties and responsibilities and shall be designated by titles indicative of the duties; and that the same schedule of compensation can be made to apply with equity under like working conditions. The class titles shall be used in personnel, budget and financial records and communications. As far as practicable the natural or probable line of promotion to and from the class of positions shall be designated or indicated.
The civil service director shall, as soon as practicable after the adoption of the classification plan, and after consultation with appointing authorities, allocate each position to its proper class. Any employee whose position or title is affected by such allocation shall be notified thereof and may appeal the allocation to the county civil service commission within 30 days of such notice, and after hearing such employee the civil service commission shall approve or modify such allocation.
With the approval of the county civil service commission additional classes may be established for new positions created, or positions not included in any previously established class may be allocated thereto, as good administration may require. Any existing class or classes may be divided, combined, altered or abolished and positions allocated to any class or classes may be reallocated. The appointing authorities shall promptly report to the civil service director intention to establish new positions that may be classified and allocated, and that certifications may be made or appropriate tests provided for and held for the purpose of establishing requisite employment lists from which appointments may be made as provided in sections 383C.03 to 383C.059.
Whenever any employee in the classified service, who has been performing all duties in a satisfactory manner, as shown by the records of the employing department or other agency, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence for more than one year and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the county civil service commission and the employing department, and has withdrawn the resignation without being restored to the position, the civil service director shall cause the name of such employee to be placed on the reemployment list for the appropriate class. No reemployment list shall be valid for more than two years. The order in which names shall be placed on the reemployment list for any class shall be established by rule. No person shall be reinstated or be restored to a reemployment list unless such resignation is withdrawn within one year after it has been presented and accepted.
The civil service director shall, from time to time, as conditions warrant, hold tests for the purpose of establishing employment lists for the various positions in the classified service. Such tests shall be public, competitive and open to all persons who may be lawfully appointed to any position within the class for which such examinations are held with limitations specified in the rules of the commission as to residence, age, health, habits, moral character and prerequisite qualifications to perform the duties of such positions. Promotion tests shall be competitive to such persons examined or appointed under the provisions of sections 383C.03 to 383C.059 and who have completed the probationary period in a class or rank previously declared by the commission to involve the performance of duties which tend to fit the incumbent to the performance of duty in the class or rank for which the promotion test is held. In promotion tests, efficiency in service shall form part of such tests. The civil service director shall hold promotion tests for each superior class of service whenever there is an inferior rank in the same class, the duties of which directly tend to fit the incumbents thereof for the performance of the duties of the superior grade. If fewer than two persons submit themselves for a promotion test, or if after such test is held all applicants fail to attain a general average of not less than the minimum standard fixed by the rules of the county civil service commission, the director shall forthwith hold an original entrance test and certify from the employment list resulting therefrom.
All tests shall be practical, and shall consist only of subjects which will fairly determine the capacity of the persons examined to perform the duties of the class of work for which the examination is being conducted, and may include tests of physical fitness or of manual skill. No credit shall be allowed for service rendered under provisional appointment. No question in any test shall relate to religious or political opinions or affiliations. As many tests shall be held as may be necessary to provide eligibles for each class of position, and to meet all requisitions and to fill all positions held by provisional appointees. From the return and report of the examiners or from the tests provided by the civil service director, the director shall prepare a list of eligible persons who shall attain such minimum mark as may be fixed for the various parts of such test, and whose general average standing upon the test for such position is not less than the minimum fixed by the rules of the commission, and who may lawfully be appointed. Such persons shall take rank upon the list in the order of their relative excellence as determined by the tests. The markings of all tests shall be completed and the resulting employment list posted as soon as possible thereafter. The life of any eligibility list shall not exceed one year but may be extended an additional year by motion of the civil service commission.
The markings and test papers of each candidate shall be open to the candidate's inspection. The markings and test papers of all persons upon any list of eligibles may be opened to public inspection in the discretion of the county civil service commission. An error in the markings of any test other than an error in judgment, if called to the attention of the commission within one month after the establishment of an employment list resulting from such test, shall be corrected by it; provided, however, that such correction shall not invalidate any certification or appointment previously made. Public notice of each examination shall be given.
The civil service director may reject an application of any person for admission to a test or refuse to test any applicant, or to certify the name of an eligible for employment who is found to lack any of the established qualification requirements for the position applied for or tested on, or who is physically unfit to effectively perform the duties of the position, or who is addicted to the use of drugs or the habitual use of intoxicating liquors to excess, or who has been guilty of any crime or infamous or notoriously disgraceful conduct, or who has been dismissed from the public service for delinquency, or who has made a false statement of any material fact or practiced or attempted to practice deception or fraud in the application or in the test, or in securing eligibility or appointment. Any such person may appeal to the county civil service commission from the action of the civil service director in accordance with the rules established hereunder.
Whenever a position in the classified service becomes vacant the appointing authority, if it desires to fill the vacancy, shall make requisition upon the civil service director whereupon The civil service director shall certify
the names of the three persons highest on the
reemployment list, or where there is no reemployment list the director shall certify the names of the three highest on the promotional list.
In case there are less than three names on the reemployment or promotional lists, the director shall certify the number of names remaining on said lists willing to accept appointment provided that no name shall be certified from an employment list as long as there is a reemployment list or a promotional list for the class.
The appointing authority shall at its discretion appoint one of the persons so certified for the working test period. At the end of the working test period the appointing officer shall notify the civil service director in writing whether the probationer is a satisfactory employee and should receive the status of a permanent appointee. Upon such notice the employee, if service during the working test period did not fall below such minimum standards as have been prescribed by the civil service director, shall be deemed to have a permanent classified civil service status; otherwise the employee is automatically separated from the service.
The civil service director may at any time authorize the transfer of any employee in the classified service from one position to another position in the same class or grade and not otherwise; provided, however, that persons who are not members of the classified service under the provisions of sections 383C.03 to 383C.059 shall not be entitled to transfer.Transfers shall be permitted only with the consent of the civil service director and the department concerned. The civil service commission shall adopt rules to govern the transfer of an employee from a city to the county, when the employee is performing community development block grant services for the county pursuant to a contract between the city and county.
In accordance with the rules, an appointing authority may lay off an employee in the classified service whenever the authority deems it necessary by reason of shortage of work or funds, or the abolition of a position or other material change in duties or organization. The seniority of employees shall be the factor in determining the order of layoffs. The appointing authority shall give written notice to the civil service director of every proposed layoff a reasonable time before the effective date thereof, and the civil service director shall make such orders relating thereto as the director considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list.
The county auditor, county treasurer, and the board of county commissioners, or any other officer or employee of the county, shall not approve the payment of, or be in any manner concerned in paying, auditing, or approving any salary, wage or other compensation for services to any person holding a position in the classified service unless there shall first have been filed with the county auditor
a payroll, estimate, or account for such salary, wage or other compensation containing the names of the persons to be paid, and
a statement of the amount to be paid each such person and the services on account of which the same is paid, and a statement that such services have been performed, and bearing the certificate of the civil service director that the persons
named in such payroll, estimate, or account have been appointed or employed in pursuance of law and of the rules made by the county civil service commission under the provisions of sections 383C.03 to 383C.059 and have complied with the terms of sections 383C.03 to 383C.059 and of the rules of the commission when required so to do.
Before making any such certificate the civil service director shall investigate the nature of each item of such payroll, estimate or account and on ascertaining that the provisions of the law in respect to any such item have not been strictly complied with, the director shall refuse to certify such item. The civil service director shall refuse to certify the pay of any such public officer who shall willfully or through culpable negligence violate or fail to comply with the provisions of sections 383C.03 to 383C.059 and the rules of the county civil service commission.
In an investigation conducted by the county civil service commission or civil director they shall have the power to subpoena and require the attendance of witnesses and the production by them of books and papers pertinent to the investigation and to administer oaths to such witnesses.
No officer or employee in the classified service is under any obligation to contribute to any political fund or to render any political service to any person or body whatsoever and no person shall be removed, reduced in grade, or salary, or otherwise prejudiced for refusal so to do. No public officer whether elected or appointed shall discharge, promote, demote, or in any manner change the official rank of the employee or the compensation of any person in the classified service or promise or threaten to do so, for the giving or withholding or neglecting to make any contribution of money or services or any other valuable thing for any political purpose.
Except as herein provided, any officer or employee holding office or place in the classified service may become a candidate for nomination or election to any public office or may seek and accept election, nomination or appointment as an officer of a political group, or organization, or take part in a political campaign or serve as a member of a committee of any such club or organization, or circulate or seek signatures to any petition provided for by any primary or election law or act as a worker at the polls, or distribute badges, colors, or indicia favoring or opposing the candidate for election or nomination to a public office whether federal, state, county or municipal, if the officer or employee does not engage in such activities during working hours or to such an extent off duty that the officer's or employee's efficiency during working hours is impaired or that tardiness or absence from work without notice or permitted leave results.
Nothing in this section shall be construed to prohibit or prevent any such officer or employee from becoming or continuing to be a member of a political club or organization or from attendance at political meetings or from enjoying entire freedom from all interference in casting a vote or from seeking or accepting election or appointment to public office.
No person in the classified service who shall have been permanently appointed or inducted into the classified service under provisions of sections 383C.03 to 383C.059 shall be removed, suspended, demoted or discharged except for cause which will promote the efficiency of the service and not for political or religious reasons and only upon the written accusation of the appointing power or any citizen or taxpayer. A written statement of such accusation shall be served upon the accused, and a duplicate filed with the county civil service commission. Any person so removed, suspended, demoted or discharged, may within ten days from the time of the removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons or was or was not made for just cause. After such investigation the commission may, if in its estimation the evidence is sufficient, affirmthe removal, or if it shall find that the removal, suspension, or demotion was made for political or religious reasons, or was not made for just cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from time of such removal, suspension, demotion or discharge. The commission upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge may place such employee on the reemployment list for service in the same or lower classification in a different branch of the service when a vacancy may occur .
All investigations made by the commission pursuant to the provisions of this section shall be by public hearing, After reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person, and presenting a defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the district court where the issue shall be heard de novo and determined in the same manner as a court case. The district court shall thereupon proceed to hear and determine such appeal in a summary manner, provided, however, that such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such grounds or ground.
All acts and parts of acts inconsistent with sections 383C.03 to 383C.059 are hereby repealed to the extent necessary to give effect to the provisions of sections 383C.03 to 383C.059, any provision of Laws 1931, chapter 347, to the contrary notwithstanding.
Presented to the governor April 12, 2019
Signed by the governor April 12, 2019, 1:35 p.m.
Official Publication of the State of Minnesota Revisor of Statutes