SF 2316

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 08:32am

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
veteran's hearing is authorized to be held before a three-person board, the notice of intent
to discharge shall state that the veteran must inform the employer, within 60 days of
receipt of the notice of intent to discharge, of the name, address, and telephone number
of the person the veteran has selected as the veteran's representative for the three-person
board. In the event the veteran requests a hearing within 60 days, but does not select and
inform the employer who the veteran's hearing board member is, the judge of the district
court of the county where the proceeding is pending, or if there is more than one judge
in the county then any judge in chambers, shall have jurisdiction to appoint the veteran's
representative on the three-person board. new text end In the event the two persons so selected 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. The veteran 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 governmental subdivision or officer making
the charges 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.