1997 Minnesota Statutes

     383B.29 Duties of the human resources board. 

    Subdivision 1.    Board proceedings.  When any member of 
 the board is not present at the time a matter is submitted to 
 the board such matter shall be deemed submitted to each member 
 of the board with like effect as though each member of the board 
 had been present at the time of submission of such matter.  
 Whenever during the consideration of a matter which is before 
 the board, there is a change in the personnel of the board, the 
 matter shall be deemed submitted to the new member, or members, 
 as though said new member, or members, had been a member of the 
 board at the time of the submission of the matter. 

    No meetings of the board shall be held unless at least four 
 members are present.  A majority vote of all members shall 
 constitute the decision of the board.  The board shall keep 
 records and minutes of its business and official actions which 
 shall be open to public inspection subject to such reasonable 
 rules as to time and place of inspection as the board may 
 establish. 

    Subd. 2.    Duties.  The board shall: 

    (a) Establish rules for the classified service with the 
 assistance of the director.  All rules and amendments proposed 
 by the board shall be subject to public hearing upon prior 
 notice to department heads, employees, affected labor 
 organizations, and the public, as the board may, by rule 
 prescribe.  The rules as approved by the majority vote of the 
 board shall be submitted to the county board for approval or 
 rejection.  When approved, by majority vote and in the form of a 
 written resolution, the rules shall have the force and effect of 
 law.  The rules may be amended and repealed with the consent of 
 the county board in the same manner as provided for original 
 adoption.  The rules shall provide for: 

    (1) the rejection of otherwise eligible 
 applicants/candidates who fail to comply with the reasonable 
 requirements of the director; 

    (2) examinations which shall be competitive and 
 standardized and which may consist of any one or a combination 
 of the following:  written or oral tests of the subjective or 
 objective type, physical tests, practical or demonstration 
 tests, or evaluation of past training and experience.  Oral 
 tests, either of the question and answer type or the interview 
 type may be used to test the candidates; 

    (3) the creation of eligible lists upon which shall be 
 entered the names of successful candidates; 

    (4) the appointment of eligible candidates who have 
 qualified through the examination process, or through a 
 qualifying selection process pursuant to section 383B.31, clause 
 (h), if the vacancy is not filled by recall from the layoff 
 list, demotion, transfer, or reinstatement.  The 20 persons 
 receiving the highest examination scores when available shall be 
 referred to department heads when a vacancy occurs, with waiver 
 in extreme or unique conditions subject to six-sevenths approval 
 of the board; 

    (5) if more than one vacancy is to be filled, additional 
 names may be added to the certification list in accordance with 
 the rules adopted under this subdivision; 

    (6) a period of probation during which period the 
 probationer may be discharged or demoted, without right of 
 appeal.  The period of probation shall not exceed six months 
 unless changed by six-sevenths approval of the board due to 
 extreme or unique conditions; 

    (7) seasonal, provisional, temporary and emergency 
 appointments.  The appointments, except seasonal appointments, 
 shall not exceed six calendar months in any 12-month period.  
 Seasonal appointments shall not exceed nine calendar months in 
 any 12-month period; 

    (8) transfers from other public employers or within county 
 service; and reinstatement of persons who without fault or 
 delinquency on their part are separated from the service or 
 demoted; 

    (9) promotion based upon competitive examinations.  
 Whenever practicable vacancies shall be filled by promotion; 

    (10) suspensions without pay for no longer than 20 working 
 days for disciplinary purposes; for leaves of absence with or 
 without pay; for layoffs; for hours of employment; for vacations 
 and sick leave; severance pay, and other benefits and emoluments 
 as may improve the public service; 

    (11) discharge or demotion of a permanent employee only 
 when the person has been presented with written charges and has 
 been allowed a hearing pursuant to section 383B.38; and 

    (12) the establishment of reasonable fees, not to exceed 50 
 percent of the actual cost, to be charged for the furnishing of 
 a copy of the record, including a transcript of any testimony, 
 of any hearing held before the board under sections 383B.26 to 
 383B.42. 

    (b) Provide a compensation plan for county employees not 
 represented by an exclusive bargaining representative to be 
 presented to the county board for approval. 

    (c) Make investigations of its own motion concerning the 
 enforcement and effect of sections 383B.26 to 383B.42, and the 
 rules thereunder. 

    (d) Hear and decide appeals within the jurisdiction of the 
 board, if there has been a preliminary showing to the board 
 attorney that a rule violation has occurred.  Any such board 
 attorney ruling may be appealed to the board.  

    Subd. 3.    Hearing officers.  The board, with the 
 assistance of the director, shall utilize and prescribe the 
 duties of hearing officers, or contract with the office of 
 hearing examiners pursuant to section 14.55.  When it is 
 determined that a hearing be held which requires a hearing 
 officer, the director will first ascertain the availability and 
 timeliness of scheduling the hearing through the office of 
 hearing examiners pursuant to section 14.55.  If it is 
 determined that a prompt hearing is not readily available 
 through the office of hearing examiners, the board, with the 
 assistance of the director, may then utilize an impartial 
 hearing officer. 

    HIST: 1965 c 855 s 4; 1977 c 325 s 1; 1980 c 573 s 4; 1982 c 
 577 s 8; 1987 c 384 art 2 s 1; 1994 c 596 s 4