1997 Minnesota Statutes

     383A.291 Certification of eligibles. 

    Subdivision 1.    General.  The personnel director, upon 
 the request of the appointing authority, shall certify, for both 
 competitive open and competitive promotional positions, the 
 first five eligibles on the eligible list and all other 
 eligibles having the same score as the fifth eligible on the 
 list. 

    Subd. 1a.    Under county rules.  Upon request of the 
 appointing authority, the personnel director shall certify 
 eligibles in accordance with rules adopted under section 
 383A.284, subdivision 1. 

    Subd. 2.    Expanded certification.  The personnel 
 director shall expand the certification beyond the first five 
 eligibles to contain two members of each of not more than three 
 underrepresented protected groups, in highest ranking order, on 
 determining that all of the following conditions are met: 

    (a) the vacancy to be filled occurs in a job classification 
 which is underrepresented by one or more protected groups, based 
 on affirmative action goals; 

    (b) the first five eligibles do not contain the name of a 
 member of a protected group which is underrepresented for the 
 job classification; and 

    (c) the protected group eligibles to be certified have 
 achieved a minimum passing score on the competitive examination, 
 if one has been given. 

    When several vacancies are to be filled from the same 
 certification, the personnel director shall certify one 
 additional member of each of not more than three 
 underrepresented protected groups.  

    Subd. 3.    Refusal to certify.  The personnel director 
 may refuse to certify an eligible who: 

    (a) is found to lack any of the requirements established 
 for the examination for which the eligible has applied; 

    (b) has been dismissed from the public service for 
 delinquency or misconduct; 

    (c) has been dismissed from the same or a similar 
 classification within the civil service for unsatisfactory job 
 performance; 

    (d) has, directly or indirectly, given or promised to give 
 anything of value to any person in connection with the 
 eligible's examination, appointment, or proposed appointment; or 

    (e) has made a false statement of any material fact or 
 practiced or attempted to practice any deception or fraud in the 
 application or examination or in securing eligibility or 
 appointment. 

    On refusing to certify an eligible, the director shall, 
 upon request of the eligible refused, furnish the eligible a 
 statement of the reasons for the refusal.  Upon receipt of 
 relevant information from the eligible refused, the personnel 
 director shall reconsider the refusal and may certify the 
 eligible.  An eligible shall have no further right to appeal the 
 personnel director's decision to refuse to certify the eligible. 

    Subd. 4.  In addition to the eligibles certified under 
 other subdivisions of this section, the personnel director shall 
 certify as eligibles for a position each county employee who has 
 been displaced or laid off because of the closing of a county 
 facility or for another reason and meets the minimum 
 qualifications of the position and passes the competitive open 
 or competitive promotional examination for the position. 

    HIST: 1985 c 89 s 10; 1986 c 444; 1991 c 50 s 1; 1992 c 383 s 
 1; 1997 c 40 s 1 

*   NOTE:  Subdivisions 1, 2, 3, and 4, are repealed by Laws 
*1997, chapter 40, section 2, and is effective the day after the 
*chief clerical officer of Ramsey county complies with section 
*645.021, subdivision 3.  Laws 1997, chapter 40, section 3.