Minnesota Session Laws - 2019, Regular Session

CHAPTER 9--H.F.No. 608

An act

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:

Section 1.

Minnesota Statutes 2018, section 383C.031, is amended to read:

383C.031 COMMISSIONERS; APPOINTMENT; QUALIFICATIONS.

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 deleted text begin civil service deleted text end new text begin human resources new text end director hereinafter provided shall serve as secretary.

Sec. 2.

Minnesota Statutes 2018, section 383C.032, is amended to read:

383C.032 APPOINTMENT OF deleted text begin CIVIL SERVICE deleted text end new text begin HUMAN RESOURCES new text end DIRECTOR.

The county board of commissioners shall appoint a deleted text begin civil service deleted text end new text begin human resources new text end director. The deleted text begin civil service deleted text end new text begin human resources new text end director shall be in the unclassified service.

Sec. 3.

Minnesota Statutes 2018, section 383C.033, is amended to read:

383C.033 MEETINGS; RECORDS; RULES AND REGULATIONS.

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 deleted text begin civil service deleted text end new text begin human resources new text end 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 deleted text begin curtailment deleted text end new text begin reduction new text end in the number of employees in any class in any department, deleted text begin compulsory retirement at a fixed age, deleted text end 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. deleted text begin 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. deleted text end

(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 deleted text begin civil service deleted text end new text begin human resources new text end director, the rejection of an applicant for admission to an examination, and such other matters as may be referred to the commission by the deleted text begin civil service deleted text end new text begin human resources new text end director.

(d) To make such investigations as may be requested by the board of county commissioners and to report thereon.

Sec. 4.

Minnesota Statutes 2018, section 383C.034, is amended to read:

383C.034 DUTIES OF DIRECTOR.

The deleted text begin civil service deleted text end new text begin human resources new text end 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 deleted text begin civil service deleted text end new text begin human resources new text end 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 deleted text begin in card or other suitable form a roster deleted text end new text begin a record new text end 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 deleted text begin roster deleted text end new text begin record new text end .

(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) deleted text begin 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. deleted text end new text begin Develop, administer, and update salary plans as negotiated for exclusively represented employees and established for unrepresented employees as approved by the county board of commissioners. new text end

(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.

deleted text begin (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. deleted text end

deleted text begin (i) deleted text end new text begin (h) new text end Establish the length of the deleted text begin probation or working test deleted text end new text begin probationary new text end period new text begin for each position new text end which shall not be less than new text begin the full-time equivalent of new text end six months and not more than new text begin the full-time equivalent of new text end 12 months, new text begin not to exceed 24 calendar months, new text end during which time deleted text begin discharges may be effected deleted text end new text begin the employee may be discharged new text end without specifying cause or granting a hearing deleted text begin , 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 deleted text end . new text begin The purpose of a probationary period is to provide an opportunity to observe an employee performing the duties of the job to ensure the required work can be performed as expected. An appointing authority may require a probationary period for transfers, voluntary demotions, and appointments from reemployment lists to a different department. An appointing authority may extend the probationary period of an employee, not to exceed 24 calendar months, if the employee is unable to perform a majority of the essential functions of their position due to an approved work accommodation or approved leave of absence. new text end

deleted text begin (j) deleted text end new text begin (i) new text end Establish record of performance and a system of service ratings to be used in determining increases and decreases in salaries and in promotions.

deleted text begin (k) deleted text end new text begin (j) new text end Keep such record as may be necessary for the proper administration of sections 383C.03 to 383C.059.

deleted text begin (l) deleted text end new text begin (k) new text end Provide a system of checking payrolls deleted text begin , estimates deleted text end 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.

deleted text begin (m) deleted text end new text begin (l) new text end Make investigations concerning the administration and effect of sections 383C.03 to 383C.059 and the rules made thereunder deleted text begin , and report the findings and recommendations to the commission deleted text end .

deleted text begin (n) Make an annual report to the county civil service commission. deleted text end

Sec. 5.

Minnesota Statutes 2018, section 383C.035, is amended to read:

383C.035 UNCLASSIFIED CIVIL SERVICE.

(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;

deleted text begin (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; deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end 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 deleted text begin and the home demonstration agents under the control of deleted text end new text begin reporting to new text end the county extension committee;

deleted text begin (4) deleted text end new text begin (3) new text end members of nonpaid board, or commissioners appointed by the board of county commissioners or acting in an advisory capacity;

deleted text begin (5) deleted text end new text begin (4) new text end 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;

deleted text begin (6) deleted text end new text begin (5) new text end all common labor temporarily employed on an hourly basis;

deleted text begin (7) all inmate or patient help in county institutions; deleted text end

deleted text begin (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; deleted text end

deleted text begin (9) deleted text end new text begin (6) new text end not more than a total of nine deleted text begin clerks deleted text end new text begin full-time equivalent clerical employees new text end serving the county board and administrator;

deleted text begin (10) deleted text end new text begin (7) new text end 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;

deleted text begin (11) the county recorder; deleted text end

deleted text begin (12) deleted text end new text begin (8) new text end any department head new text begin and deputy director new text end designated by the county board;

deleted text begin (13) deleted text end new text begin (9) new text end three administrative assistants in the county administrator's office; deleted text begin and deleted text end

deleted text begin (14) deleted text end new text begin (10) the county administrator and two deputy administrators; and new text end

new text begin (11) new text end 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.

Sec. 6.

Minnesota Statutes 2018, section 383C.037, is amended to read:

383C.037 CLASSIFICATION PLAN.

The deleted text begin civil service deleted text end new text begin human resources new text end director shall deleted text begin , 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 deleted text end new text begin establish and maintain new text end a classification plan, together with proposed rules for its administration. deleted text begin Such deleted text end new text begin The new text end classification plan shall show each class of positions in the classified deleted text begin service deleted text end new text begin and unclassified services new text end , 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 new text begin , new text end and communications. deleted text begin As far as practicable the natural or probable line of promotion to and from the class of positions shall be designated or indicated. deleted text end

Sec. 7.

Minnesota Statutes 2018, section 383C.038, is amended to read:

383C.038 ALLOCATION OF POSITIONS.

The deleted text begin civil service deleted text end new text begin human resources new text end director shall deleted text begin , as soon as practicable after the adoption of the classification plan, and after consultation with appointing authorities, deleted text end allocate each position to its proper class new text begin and reallocate positions between classes as needed new text end . 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 new text begin calendar new text end days of such notice, and after hearing such employee the civil service commission shall approve or modify such allocation.

Sec. 8.

Minnesota Statutes 2018, section 383C.039, is amended to read:

383C.039 ADDITIONAL CLASSES.

With the approval of the county civil service commission deleted text begin 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 deleted text end new text begin , the human resources director may create, merge, divide, and abolish classes, revise the descriptions of classes, and change the titles of classes as necessary to meet the needs of the county new text end .

Sec. 9.

Minnesota Statutes 2018, section 383C.04, is amended to read:

383C.04 deleted text begin LAYOFFS deleted text end new text begin REEMPLOYMENT new text end .

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 deleted text begin and deleted text end with the consent of the deleted text begin county civil service commission deleted text end new text begin human resources director new text end and the employing department, and has deleted text begin withdrawn the resignation without being restored to the position deleted text end new text begin requested reemployment new text end , the deleted text begin civil service deleted text end new text begin human resources new text end director shall deleted text begin cause deleted text end new text begin place new text end the name of such employee deleted text begin to be placed deleted text end 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 deleted text begin resignation is withdrawn deleted text end new text begin request is made new text end within deleted text begin one year deleted text end new text begin two years new text end after deleted text begin it has been presented and accepted deleted text end new text begin the effective date of resignation new text end .

Sec. 10.

Minnesota Statutes 2018, section 383C.041, is amended to read:

383C.041 deleted text begin CIVIL SERVICE DIRECTOR; deleted text end TESTS.

The deleted text begin civil service deleted text end new text begin human resources new text end director shall deleted text begin , from time to time, as conditions warrant, deleted text end 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 deleted text begin residence, age, health, habits, moral character and deleted text end prerequisite new text begin minimum new text end qualifications deleted text begin to perform the duties of such positions deleted text end new text begin of the job classification new text end . Promotion tests shall be competitive to deleted text begin such persons examined or appointed under the provisions of sections 383C.03 to 383C.059 and deleted text end new text begin employees new text end who have deleted text begin completed the probationary deleted text end new text begin attained permanent status in the classified service by successfully completing a probationary new text end period deleted text begin 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 deleted text end new text begin and who meet the prerequisite minimum qualifications of the job classification new text end . The deleted text begin civil service deleted text end new text begin human resources new text end director shall hold promotion tests for each deleted text begin superior deleted text end new text begin job new text end class deleted text begin of service deleted text end whenever there is deleted text begin an inferior rank deleted text end new text begin a lower-level class new text end in the same deleted text begin class deleted text end new text begin classification series new text end , the duties of which directly deleted text begin tend to deleted text end fit the incumbents thereof for the performance of the duties of the deleted text begin superior grade deleted text end new text begin higher-level class new text end . If fewer than two new text begin qualified new text end persons submit themselves for a promotion test, or if after such test is held deleted text begin 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 deleted text end new text begin no applicants pass the test new text end , the director deleted text begin shall forthwith deleted text end new text begin may, at the request of the appointing authority, new text end hold an original entrance test and deleted text begin certify deleted text end new text begin refer names new text end from the employment list resulting deleted text begin therefrom deleted text end new text begin from the original entrance test new text end .

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. deleted text begin No credit shall be allowed for service rendered under provisional appointment. deleted text end 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 deleted text begin eligibles deleted text end new text begin qualified applicants new text end for each deleted text begin class of position, and to meet all requisitions and to fill all positions held by provisional appointees deleted text end new text begin vacancy new text end . From the return and report of the examiners or from the tests provided by the deleted text begin civil service deleted text end new text begin human resources new text end 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 deleted text begin eligibility deleted text end new text begin promotional or open employment new text end list shall not exceed one year new text begin , new text end but may be extended an additional year deleted text begin by motion of the civil service commission deleted text end .

The markings and test papers of deleted text begin each deleted text end new text begin the new text end candidate shall be open to the candidate's inspection. deleted text begin 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. deleted text end 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.

Sec. 11.

Minnesota Statutes 2018, section 383C.042, is amended to read:

383C.042 deleted text begin POWERS OF DIRECTOR deleted text end new text begin REJECTION OF APPLICATION; REFUSAL TO TEST OR REFER new text end .

The deleted text begin civil service deleted text end new text begin human resources new text end director may reject an application of any person for admission to a test or refuse to test any applicant, or to deleted text begin certify deleted text end new text begin refer new text end the name of an deleted text begin eligible deleted text end new text begin applicant new text end 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 deleted text begin unfit deleted text end new text begin unable new text end to effectively perform the duties of the position, deleted text begin 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, deleted text end new text begin with reasonable accommodation, new text end or who has been dismissed from the public service for deleted text begin delinquency deleted text end new text begin misconduct new text end , 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 deleted text begin civil service deleted text end new text begin human resources new text end director in accordance with the rules established hereunder.

Sec. 12.

new text begin [383C.0425] PROHIBITING OR OBSTRUCTING PERSONS FROM TAKING TESTS. new text end

new text begin No person shall deceive or obstruct any person in respect to the right of test under the provisions of sections 383C.03 to 383C.059; falsely mark, grade, estimate, or report upon the test or standing of any person tested under this chapter, or aid in so doing; or furnish to any person, except in answer to inquiries of the civil service commission, any special information for the purpose of influencing the rating of any such person for appointment or employment. No applicant shall deceive the county civil service commission for the purpose of improving the applicant's prospects for appointment. No person shall solicit, verbally or in writing, and no public officer or employee shall receive or be in any manner concerned in the receiving or soliciting of any money or item of value from any officer or employee holding a position in the classified service for any purpose. No person shall use or promise to use personal influence or official authority to secure appointment or prospect of appointment to a position classified under sections 383C.03 to 383C.059. No public officer or employee shall by means of threat or coercion influence any person holding a position in the classified service to resign the position, take a leave of absence from duty, or waive any right under sections 383C.03 to 383C.059. new text end

Sec. 13.

Minnesota Statutes 2018, section 383C.043, is amended to read:

383C.043 VACANCIES.

new text begin (a) new text end Whenever a position in the classified service becomes vacant new text begin and new text end the appointing authority deleted text begin , if it deleted text end desires to fill the vacancy, new text begin the appointing authority new text end shall deleted text begin make deleted text end new text begin submit a new text end requisition deleted text begin upon deleted text end new text begin to new text end the deleted text begin civil service deleted text end new text begin human resources new text end director deleted text begin whereupon deleted text end new text begin . new text end The deleted text begin civil service deleted text end new text begin human resources new text end director shall deleted text begin certify deleted text end new text begin refer the names of candidates to the appointing authority in the order as follows: new text end

new text begin (1) when the position is to be filled promotionally, new text end the deleted text begin names deleted text end new text begin name new text end of the deleted text begin three persons deleted text end new text begin person new text end highest on the new text begin appropriate reemployment-layoff list. If there are no names on the reemployment-layoff list, then: new text end

new text begin (i) the names of the persons on the new text end reemployment list, deleted text begin or where there is no reemployment list the director shall certify the names of the three highest on the promotional list. deleted text end new text begin if any; and new text end

new text begin (ii) the names of the persons associated with the three highest scores on the promotional list; or new text end

deleted text begin 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. deleted text end

new text begin (2) when the position is to be filled from an open competitive employment list, new text end new text begin the name of the person highest on the appropriate reemployment-layoff list. If there are no names on the reemployment-layoff list, then: new text end

new text begin (i) new text end new text begin the names of the persons on the reemployment list, if any; and new text end

new text begin (ii) the names of the persons associated with the 20 highest scores on the open list. new text end

new text begin (b) The hiring authority must interview all referred candidates if promotional, or ten candidates if open, unless fewer are available for referral from all applicable lists. When the director determines that there is significant underrepresentation of a protected group with respect to ethnicity or gender in the class, and the highest 20 scores on the open employment list do not include a member of the underrepresented group, the director shall refer the highest-ranking available individual on the list from that protected group. new text end

new text begin (c) new text end The appointing authority shall new text begin , new text end at its discretion new text begin , new text end appoint one of the persons so deleted text begin certified deleted text end new text begin referred new text end for the deleted text begin working test deleted text end new text begin probationary new text end period. At the end of the deleted text begin working test deleted text end new text begin probationary new text end period the appointing deleted text begin officer deleted text end new text begin authority new text end shall notify the deleted text begin civil service deleted text end new text begin human resources new text end director in writing whether the deleted text begin probationer deleted text end new text begin individual new text end is a satisfactory employee and should receive the status of a permanent deleted text begin appointee deleted text end new text begin employee new text end . Upon such notice new text begin , new text end the employee deleted text begin , if service during the working test period did not fall below such minimum standards as have been prescribed by the civil service director, deleted text end shall be deemed to have a permanent new text begin status in the new text end classified deleted text begin civil deleted text end service deleted text begin status deleted text end ; otherwise the employee is automatically separated from the service.

new text begin (d) If there is no appropriate reemployment or employment list, the director may authorize a temporary appointment of a qualified individual pending the establishment of an employment list for the class. new text end

new text begin (e) Temporary appointments shall not continue for a period longer than six months unless extended through mutual agreement with the exclusive bargaining unit. new text end

new text begin (f) In case of an emergency, an appointment of a qualified individual may be made of not to exceed the full-time equivalent of ten days' duration without regard to the provisions of sections 383C.03 to 383C.059, the appointment shall be immediately reported to the human resources director. Successive emergency appointments shall not be made. new text end

Sec. 14.

Minnesota Statutes 2018, section 383C.044, is amended to read:

383C.044 TRANSFER new text begin AND DEMOTION new text end OF EMPLOYEES.

The deleted text begin civil service deleted text end new text begin human resources new text end director may at any time authorize the transfer of any new text begin permanent qualified new text end employee in the classified service from one position to another position in the same class or grade deleted text begin 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. deleted text end new text begin and may authorize the transfer of any qualified probationary employee from one position to another position within the same class and department. The new text end new text begin human resources director may also authorize the voluntary demotion of a permanent qualified employee in the classified service from one position to another position in a lower class or grade. In all cases of transfer or demotion, the person to be transferred or demoted must be determined by the human resources director to meet the qualifications for the position into which they will be transferring or demoting and may, at the discretion of the director, be required to pass a qualifying test. new text end Transfers shall be permitted only with the consent of the deleted text begin civil service deleted text end new text begin human resources new text end director and the department concerned. deleted text begin 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. deleted text end

Sec. 15.

Minnesota Statutes 2018, section 383C.045, is amended to read:

383C.045 LAYOFF OF EMPLOYEES.

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 deleted text begin abolition deleted text end new text begin elimination new text end 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 deleted text begin civil service deleted text end new text begin human resources new text end director of every proposed layoff a reasonable time before the effective date thereof, and the deleted text begin civil service deleted text end new text begin human resources new text end 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.

Sec. 16.

Minnesota Statutes 2018, section 383C.046, is amended to read:

383C.046 CERTIFICATION OF PAYROLLS.

new text begin (a) new text end The county deleted text begin auditor, county treasurer, and deleted text end new text begin auditor/treasurer, new text end the board of county commissioners, deleted text begin or deleted text end new text begin and new text end 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 deleted text begin auditor deleted text end new text begin : new text end

new text begin (1) an employment record and supporting documentation; new text end

new text begin (2) an approved wage or salary schedule; new text end

new text begin (3) a completed time sheet; new text end

new text begin (4) new text end a payroll deleted text begin , estimate, or deleted text end account for such salary, wage or other compensation containing the names of the persons to be paid deleted text begin , deleted text end new text begin ; new text end and

new text begin (5) new text end a statement of the amount to be paid new text begin to new text end each deleted text begin 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 deleted text end new text begin employee. new text end

new text begin (b) The human resources director shall certify that the employees new text end named in such payroll deleted text begin , estimate, or account deleted text end have been appointed deleted text begin or employed in pursuance of law and of the rules made by the county civil service commission under deleted text end new text begin pursuant to new text end the provisions of sections 383C.03 to 383C.059 deleted text begin 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 deleted text end .

new text begin (c) new text end Before making any such deleted text begin certificate deleted text end new text begin certification new text end the deleted text begin civil service deleted text end new text begin human resources new text end director deleted text begin shall deleted text end new text begin may new text end investigate the nature of each item of such payroll deleted text begin , estimate or deleted text end 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 new text begin pursuant to section 43A.37 new text end . deleted text begin 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. deleted text end

Sec. 17.

Minnesota Statutes 2018, section 383C.048, is amended to read:

383C.048 COMMISSION MAY SUBPOENA WITNESSES.

In an investigation conducted new text begin pursuant to sections 383C.03 to 383C.059 new text end by the deleted text begin county civil service commission or civil deleted text end new text begin human resources new text end director deleted text begin they deleted text end new text begin or designee, the civil service commission new text end shall have the power to subpoena and require the attendance of witnesses and the production deleted text begin by them of books and papers deleted text end new text begin of evidence new text end pertinent to the investigation and to administer oaths to such witnesses.

Sec. 18.

Minnesota Statutes 2018, section 383C.05, is amended to read:

383C.05 POLITICAL ACTIVITY.

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 deleted text begin so deleted text end to do new text begin so new text end . 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 deleted text begin place deleted text end new text begin position new text end 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 deleted text begin provided for by any primary or election law deleted text end new text begin , new text end or act as a worker at the polls, or distribute badges, colors, or deleted text begin indicia deleted text end new text begin materials new text end favoring or opposing the candidate for election or nomination to a public office whether federal, state, county new text begin , new text end 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.

Sec. 19.

Minnesota Statutes 2018, section 383C.051, is amended to read:

383C.051 DISCIPLINE LISTED IN THIS SECTION REQUIRES CAUSE.

new text begin (a) new text end 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 deleted text begin 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 deleted text end . Any person so removed, suspended, demoted new text begin , new text end or discharged, may new text begin appeal to the county civil service commission new text end within ten days from the deleted text begin time deleted text end new text begin written notification new text end of the removal, suspension, demotion or discharge deleted text begin , file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation deleted text end . The deleted text begin investigation deleted text end new text begin appeal new text end shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for deleted text begin political or religious reasons or was or was not made for just deleted text end cause. After deleted text begin such investigation deleted text end new text begin a hearing, new text end the commission may deleted text begin , if in its estimation the evidence is sufficient, deleted text end affirm new text begin or reverse new text end the deleted text begin 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 deleted text end new text begin action being appealed new text end .

new text begin (b) new text end All deleted text begin investigations made deleted text end new text begin appeals heard new text end by the commission pursuant to the provisions of this section shall be by public hearing deleted text begin , deleted text end new text begin in accordance with section 13D.01. new text end After deleted text begin reasonable deleted text end notice to the deleted text begin accused deleted text end new text begin appellant new text end of the time and place of such hearing, deleted text begin at which hearing deleted text end the deleted text begin accused deleted text end new text begin appellant new text end shall be afforded deleted text begin an deleted text end new text begin the new text end opportunity deleted text begin of appearing deleted text end new text begin to appear and present the basis for the appeal new text end in person deleted text begin , and presenting a defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom deleted text end new text begin . Either the appellant or the human resources director may appeal the commission's decision new text end 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 deleted text begin thereupon proceed to deleted text end hear and determine deleted text begin such deleted text end new text begin the new text end appeal in a summary manner, provided, however, that such hearing shall be confined to the determination of whether the deleted text begin judgment or order of removal, discharge, demotion or suspension made by deleted text end new text begin decision of new text end the commission deleted text begin , deleted text end was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such grounds deleted text begin or ground deleted text end .

Sec. 20.

Minnesota Statutes 2018, section 383C.056, is amended to read:

383C.056 INCONSISTENT ACTS REPEALED.

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 deleted text begin , any provision of Laws 1931, chapter 347, to the contrary notwithstanding deleted text end .

Sec. 21.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2018, sections 383C.036; 383C.047; 383C.049; 383C.052; 383C.053; and 383C.059, new text end new text begin are repealed. new text end

Sec. 22.

new text begin EFFECTIVE DATE. new text end

new text begin This act is effective the day after the St. Louis County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Presented to the governor April 12, 2019

Signed by the governor April 12, 2019, 1:35 p.m.