SF 2651

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/18/2018 08:46am

A bill for an act
relating to local government; amending the St. Louis County Civil Service
Commission; making technical changes; removing obsolete language; amending
Minnesota Statutes 2016, 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.055; 383C.056; proposing coding for new law in Minnesota Statutes, chapter
383C; repealing Minnesota Statutes 2016, 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 2016, 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 civil service human resources director hereinafter
provided shall serve as secretary.

Sec. 2.

Minnesota Statutes 2016, section 383C.032, is amended to read:

383C.032 APPOINTMENT OF CIVIL SERVICE HUMAN RESOURCES
DIRECTOR.

The county board of commissioners shall appoint a civil service human resources director.
The civil service human resources director shall be in the unclassified service.

Sec. 3.

Minnesota Statutes 2016, 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 civil service human resources 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
reduction 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 human resources 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 human resources director.

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

Sec. 4.

Minnesota Statutes 2016, section 383C.034, is amended to read:

383C.034 DUTIES OF DIRECTOR.

The civil service human resources 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 human resources
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 a record 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 record.

(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. 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.

(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) (h) Establish the length of the probation or working test probationary period for each
position which shall not be less than the full-time equivalent of six months and not more
than the full-time equivalent of 12 months, not to exceed 24 calendar months, during which
time discharges may be effected the employee may be discharged 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. 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.

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

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

(l) (k) 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.

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

(n) Make an annual report to the county civil service commission.

Sec. 5.

Minnesota Statutes 2016, 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;

(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) (2) 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 reporting to the county extension committee;

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

(5) (4) 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) (5) 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) (6) not more than a total of nine clerks full-time equivalent clerical employees serving
the county board and administrator;

(10) (7) 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) (8) any department head and deputy director designated by the county board;

(13) (9) three administrative assistants in the county administrator's office; and

(14) (10) the county administrator and two deputy administrators; and

(11) 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 2016, section 383C.037, is amended to read:

383C.037 CLASSIFICATION PLAN.

The civil service human resources 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 establish
and maintain a classification plan, together with proposed rules for its administration. Such
The classification plan shall show each class of positions in the classified service and
unclassified services, 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.

Sec. 7.

Minnesota Statutes 2016, section 383C.038, is amended to read:

383C.038 ALLOCATION OF POSITIONS.

The civil service human resources 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 and reallocate positions between classes as needed. 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 calendar days of such notice,
and after hearing such employee the civil service commission shall approve or modify such
allocation.

Sec. 8.

Minnesota Statutes 2016, section 383C.039, is amended to read:

383C.039 ADDITIONAL CLASSES.

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, 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.

Sec. 9.

Minnesota Statutes 2016, section 383C.04, is amended to read:

383C.04 LAYOFFS REEMPLOYMENT.

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
human resources director and the employing department, and has withdrawn the resignation
without being restored to the position requested reemployment, the civil service human
resources director shall cause place 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 request is made within one year
two years after it has been presented and accepted the effective date of resignation.

Sec. 10.

Minnesota Statutes 2016, section 383C.041, is amended to read:

383C.041 CIVIL SERVICE DIRECTOR; TESTS.

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

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 qualified applicants for each
class of position, and to meet all requisitions and to fill all positions held by provisional
appointees vacancy. From the return and report of the examiners or from the tests provided
by the civil service human resources 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 promotional or open
employment 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 the 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.

Sec. 11.

Minnesota Statutes 2016, section 383C.042, is amended to read:

383C.042 POWERS OF DIRECTOR REJECTION OF APPLICATION; REFUSAL
TO TEST OR REFER.

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

Sec. 12.

[383C.0425] PROHIBITING OR OBSTRUCTING PERSONS FROM
TAKING TESTS.

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.

Sec. 13.

Minnesota Statutes 2016, section 383C.043, is amended to read:

383C.043 VACANCIES.

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

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

(i) the names of the persons 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. if any;
and

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

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.

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

(i) the names of the persons on the reemployment list, if any; and

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

(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.

(c) The appointing authority shall, at its discretion, appoint one of the persons so certified
referred for the working test probationary period. At the end of the working test probationary
period the appointing officer authority shall notify the civil service human resources director
in writing whether the probationer individual is a satisfactory employee and should receive
the status of a permanent appointee employee. 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 status in the
classified civil service status; otherwise the employee is automatically separated from the
service.

(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.

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

(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.

Sec. 14.

Minnesota Statutes 2016, section 383C.044, is amended to read:

383C.044 TRANSFER AND DEMOTION OF EMPLOYEES.

The civil service human resources director may at any time authorize the transfer of any
permanent qualified 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. and may authorize the transfer of any qualified probationary
employee from one position to another position within the same class and department. The
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. Transfers shall be permitted only with the consent of the
civil service human resources 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.

Sec. 15.

Minnesota Statutes 2016, 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 abolition elimination 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 human resources
director of every proposed layoff a reasonable time before the effective date thereof, and
the civil service human resources 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 2016, section 383C.046, is amended to read:

383C.046 CERTIFICATION OF PAYROLLS.

(a) The county auditor, county treasurer, and auditor/treasurer, the board of county
commissioners, or and 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:

(1) an employment record and supporting documentation;

(2) an approved wage or salary schedule;

(3) a completed time sheet;

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

(5) a statement of the amount to be paid to 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 employee.

(b) The human resources director shall certify that the employees 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 pursuant to 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.

(c) Before making any such certificate certification the civil service human resources
director shall may 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 pursuant to section
43A.37. 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.

Sec. 17.

Minnesota Statutes 2016, section 383C.048, is amended to read:

383C.048 COMMISSION MAY SUBPOENA WITNESSES.

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

Sec. 18.

Minnesota Statutes 2016, 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
so to do so. 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 position 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 materials 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.

Sec. 19.

Minnesota Statutes 2016, section 383C.051, is amended to read:

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

(a) 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
appeal to the county civil service commission within ten days from the time written
notification 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 appeal 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
a hearing, the commission may, if in its estimation the evidence is sufficient, affirm or
reverse the 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 action being appealed.

(b) All investigations made appeals heard by the commission pursuant to the provisions
of this section shall be by public hearing, in accordance with section 13D.01. After reasonable
notice to the accused appellant of the time and place of such hearing, at which hearing the
accused appellant shall be afforded an the opportunity of appearing to appear and present
the basis for the appeal 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.
Either the appellant or the human resources director may appeal the commission's decision
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 the 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 decision of 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.

Sec. 20.

Minnesota Statutes 2016, section 383C.055, is amended to read:

383C.055 PENALTY.

Any person who willfully or through culpable negligence violates any of provisions
provision of sections 383C.03 to 383C.059, or of the rules of the county civil service
commission, shall be guilty of a gross misdemeanor. Conviction of same shall render the
public office or position held by such person vacant.

Sec. 21.

Minnesota Statutes 2016, 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, any provision of Laws 1931, chapter 347, to the contrary notwithstanding.

Sec. 22. REPEALER.

Minnesota Statutes 2016, sections 383C.036; 383C.047; 383C.049; 383C.052; 383C.053;
and 383C.059, are repealed.

Sec. 23. EFFECTIVE DATE.

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.

APPENDIX

Repealed Minnesota Statutes: S2651-1

383C.036 CLASSIFICATIONS; EXAMINATIONS.

Subdivision 1.

Classified service.

All regular employees holding positions which are placed in the classified service under the provisions of sections 383C.03 to 383C.059 shall be permanent members of the classified service without examination or working test period if they have been in the employ of the county for five consecutive years or more, immediately previous to December 31, 1943, or when a regular employee has been transferred from the unclassified service to the classified service and has been in the employ of the county for five consecutive years or more, immediately previous to said transfer from the unclassified service to the classified service, and all employees who have been appointed through merit examinations administered under authority of Laws 1941, chapter 476, section 5, and who have not since been separated from the service shall also be permanent members of the classified service without further examination or working test period, except that any employee who has not completed a working test period as provided under the rules of the merit plan, shall be on probation for that period of time of service otherwise necessary to complete the working test period under the merit plan. All other employees shall not be members of such classified service until such time as they shall have been appointed to such position in accordance with the provisions of sections 383C.03 to 383C.059. The civil service director subject to rules and regulations of the county civil service commission shall within two years of the date the board of county commissioners of such county elects to avail itself of the provisions of sections 383C.03 to 383C.059, prepare and offer once to all persons who, on the date the board of county commissioners of such county elects to avail itself of the provisions of sections 383C.03 to 383C.059, are incumbents of positions in the classified service with less than five years of service, a qualifying examination that is designed to test fitness to perform the work of the class to which the position has been allocated. No person holding an office for employment in the classified service previous to December 31, 1943, who is required by sections 383C.03 to 383C.059 to take a qualifying examination shall be laid off, suspended, discharged or reduced in pay or position, except in accordance with the provisions of sections 383C.03 to 383C.059 applicable to members of the classified service having permanent status until they have completed such qualifying examination and shall have been notified of the results thereof. If such incumbents pass such qualifying examination, they shall become permanent members of the classified service. If, however, any of the aforementioned incumbents who are required by sections 383C.03 to 383C.059 to take a qualifying examination shall fail to pass the same, they shall be removed from their positions at or before the expiration of three months following receipt of notice of failure to pass such examination. All persons who shall willfully fail or refuse to take the examination when offered without reasonable excuse, shall be removed from their positions immediately.

Subd. 2.

Education employees.

All regular employees of the county board of education on the effective date of Laws 1961, chapter 329, section 2, holding a position which is placed in the classified service under the provisions of sections 383C.03 to 383C.059 shall be subject to and have the benefit of all provisions of subdivision 1 of this section in like manner as all county employees subject thereto on the effective date of Laws 1941, chapter 423, were subject thereto and had the benefit thereof.

383C.047 CIVIL ACTIONS.

It shall be the duty of the county civil service commission to begin and conduct all civil suits for the proper enforcement of sections 383C.03 to 383C.059 and of the rules of the commission and to defend all civil suits which shall be brought against the commission. The commission shall be represented in such suits by the county attorney or by special counsel provided by the board of county commissioners. Any taxpayer of the county may maintain an action in the district court to recover for the treasury any sums paid contrary to the provisions of sections 383C.03 to 383C.059 or the rules of the county civil service commission from the person or persons authorizing such payment or to enjoin the person or persons from making such payment or to enjoin the civil service director from attaching a certificate to a payroll in violation of the provisions of sections 383C.03 to 383C.059.

383C.049 PROHIBITING OBSTRUCTING PERSONS FROM TAKING TESTS.

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 or falsely mark, grade, estimate or report upon the test or standing of any person tested hereunder, 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 either improving or injuring 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 chances or prospects for appointment. No person shall solicit, orally or by letter, and no public officer or employee shall receive or be in any manner concerned in the receiving or soliciting of any money or valuable thing from any officer or employee holding a position in the classified service for any political party or purpose whatsoever. No person shall use or promise to use personal influence or official authority to secure any appointment or prospect of appointment to any position classified under sections 383C.03 to 383C.059 as a regard or return for personal or partisan political service. No public officer or employee shall by means of threats or coercion induce or attempt to induce any person holding position in the classified service to resign the position or to take a leave of absence from duty or to waive any right under sections 383C.03 to 383C.059. A resignation executed previous to appointment shall be of no effect.

383C.052 ANNUAL REPORT.

The county civil service commission shall investigate and report annually to the board of county commissioners concerning the administrative needs of the service, the personnel and positions in the service, and the compensation provided therefor, the examinations held by the commission, the appointments made, service ratings and removal in the civil service, the operation of the rules of the commission, and recommendations for promoting efficiency and economy in the service, with details of expenditures and progress of work. The board of county commissioners may require a report from said commission at any time respecting any matter within the scope of its duties hereunder.

383C.053 OFFICE IN COUNTY SEAT.

Office accommodations for the county civil service commission shall be provided at the county seat. All compensation, salaries and other expenses of the county civil service commission and employees thereof shall be paid out of the county revenue fund within the amount appropriated by the board of county commissioners, which amount shall not be less than $10,000 annually except that during the first two years any county elects to avail itself of the provisions of sections 383C.03 to 383C.059, said amount shall be $15,000 annually, unless a smaller appropriation is requested by the civil service commission.

383C.059 TRANSFER OF EMPLOYEES.

When practicable and with due regard to similarity of standards, rules and regulations, the commission may enter into arrangements with suitable agencies in other local, state or federal jurisdictions, or with any other local nonprofit voluntary nursing agency which has coordinated its services heretofore for any period of time with the St. Louis County Community Health Board as defined in section 145A.02, subdivision 5, for the purpose of exchanging services or effecting transfers of employees or eligibles for appointment to positions under the civil defense department, local social services agency, and the community health board of St. Louis County, and any other board of said county that may be created by law.