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Key: (1) language to be deleted (2) new language

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

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