Minnesota Legislature
HF 2495
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/07/2012 04:58pm
Current Version - 1st Engrossment
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A bill for an act
relating to veterans; veterans preference; modifying appointment procedure for
removal hearing board; amending Minnesota Statutes 2010, section 197.46.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 197.46, is amended to read:
197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
OF MANDAMUS.
Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the state, who is a
veteran separated from the military service under honorable conditions, shall be removed
from such position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.
Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
such intent to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.
Request for a hearing concerning such a discharge shall be made in writing and
submitted by mail or personal service to the employment office of the concerned employer
or other appropriate office or person.
In all governmental subdivisions having an established civil service board or
commission, or merit system authority, such hearing for removal or discharge shall be
held before such civil service board or commission or merit system authority. Where no
such civil service board or commission or merit system authority exists, such hearing
shall be held by a board of three persons appointed as follows: one by the governmental
subdivision, one by the veteran, and the third by the two so selected. new text begin In the event that
the hearing is authorized to be held before a three-person board, the governmental
subdivision's notice of intent to discharge shall state that the veteran must respond within
60 days of receipt of the notice of intent to discharge, and provide in writing to the
governmental subdivision the name, United States mailing address, and telephone number
of the veteran's selected representative for the three-person board. The failure of a veteran
to submit the name, address, and telephone number of the veteran's selected representative
to the governmental subdivision by mail or by personal service within the provided
notice's 60-day period, shall constitute a waiver of the veteran's right to the hearing and all
other legal remedies available for reinstatement of the veteran's employment position. new text end In
the event the two persons deleted text begin sodeleted text end selected new text begin by the veteran and governmental subdivisionnew text end do not
appoint the third person within ten days after the appointment of the last of the two, then
the judge of the district court of the county wherein the proceeding is pending, or if there
be more than one judge in said county then any judge in chambers, shall have jurisdiction
to appoint, and upon application of either or both of the two so selected shall appoint, the
third person to the board and the person so appointed by the judge with the two first
selected shall constitute the board. deleted text begin The veterandeleted text end new text begin Either the veteran or the governmental
subdivisionnew text end may appeal from the decision of the board upon the charges to the district
court by causing written notice of appeal, stating the grounds thereof, to be served upon
the deleted text begin governmental subdivision or officer making the chargesdeleted text end new text begin other partynew text end within 15 days
after notice of the decision and by filing the original notice of appeal with proof of service
thereof in the office of the court administrator of the district court within ten days after
service thereof. Nothing in section 197.455 or this section shall be construed to apply to
the position of private secretary, superintendent of schools, or one chief deputy of any
elected official or head of a department, or to any person holding a strictly confidential
relation to the appointing officer. Nothing in this section shall be construed to apply to
the position of teacher. The burden of establishing such relationship shall be upon the
appointing officer in all proceedings and actions relating thereto.
All officers, boards, commissions, and employees shall conform to, comply with,
and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
Any willful violation of such sections by officers, officials, or employees is a misdemeanor.