1999 Minnesota Statutes

CHAPTER 15A. Public officers and employees; compensation and allowances

     15A.01 Amount.  

    Subdivision 1.    When paid.  The yearly salaries of 
 the state officers and employees mentioned in this chapter shall 
 be as herein fixed subject to the provisions of section 16A.17.  

    Subd. 2.    To be in full payment for services.  The 
 salaries provided in this chapter for the officers and employees 
 named herein shall be in full payment for all services that may 
 be rendered by them either in the performance of their regular 
 or special duties or while acting as a member or employee of any 
 state board or commission.  

    Subd. 3.    Fees collected paid into state treasury.  
 All fees of any nature collected by any officer or employee 
 named in this chapter in the performance of official duties for 
 the state shall be paid into the state treasury.  

    HIST: (252,252-1,253,254) 1913 c 400 s 1-3; 1921 c 379 s 1; 
 1961 c 561 s 11; Ex1971 c 32 s 28; 1986 c 444 

  15A.02 Repealed, Ex1971 c 32 s 33 

  15A.021 Repealed, 1974 c 511 s 16 

  15A.03 Repealed, Ex1971 c 32 s 33 

  15A.031 Repealed, 1974 c 511 s 16 

  15A.04 Repealed, Ex1971 c 32 s 33 

  15A.041 Repealed, 1974 c 511 s 16 

  15A.05 Repealed, Ex1971 c 32 s 33 

  15A.06 Repealed, Ex1971 c 32 s 33 

  15A.07 Repealed, Ex1971 c 32 s 33 

  15A.071 Repealed, 1975 c 381 s 23 

  15A.08 Repealed, Ex1971 c 32 s 33 

     15A.081 Salaries; expenses; leave transfers. 

    Subdivision 1. Repealed, 2Sp1997 c 3 s 19 

    Subd. 1a.  Repealed, 1976 c 239 s 7 

    Subd. 2.  Repealed, 1974 c 511 s 16 

    Subd. 3.  Repealed, 1974 c 511 s 16 

    Subd. 4.  Repealed, 1977 c 35 s 21 

    Subd. 5. Repealed, 1980 c 617 s 45 

    Subd. 6. Repealed, 1987 c 404 s 191 

    Subd. 7. Repealed, 2Sp1997 c 3 s 19 

    Subd. 7a.  Repealed, 1Sp1985 c 16 art 2 s 39 subd 1 

    Subd. 7b.    Higher education officers.  The board of 
 trustees of the Minnesota state colleges and universities and 
 the higher education services council shall set the salary rates 
 for, respectively, the chancellor of the Minnesota state 
 colleges and universities and the director of the higher 
 education services office.  The board or the council shall 
 submit the proposed salary change to the legislative 
 coordinating commission for approval, modification, or rejection 
 in the manner provided in section 3.855.  

    In deciding whether to recommend a salary increase, the 
 governing board or council shall consider the performance of the 
 chancellor or director, including the chancellor's or director's 
 progress toward attaining affirmative action goals. 

    Subd. 8.    Expense allowance.  Notwithstanding any law 
 to the contrary, positions listed in section 15A.0815, 
 subdivisions 2 and 3, constitutional officers, and the 
 commissioner of iron range resources and rehabilitation are 
 authorized an annual expense allowance not to exceed $1,500 for 
 necessary expenses in the normal performance of their duties for 
 which no other reimbursement is provided.  The expenditures 
 under this subdivision are subject to any laws and rules 
 relating to budgeting, allotment and encumbrance, preaudit and 
 postaudit.  The commissioner of finance may adopt rules to 
 assure the proper expenditure of these funds and to provide for 
 reimbursement. 

    Subd. 9.    Transfer of vacation and sick leave; certain 
 appointees.  (a) This subdivision governs transfers of 
 accumulated vacation leave and sick leave if the governor 
 appoints the incumbent of a position listed in section 15A.0815 
 to another position listed in section 15A.0815. 

    (b) An appointee moving between positions in the executive 
 branch shall transfer all vacation leave and sick leave hours to 
 the appointee's credit at the time of the new appointment. 

    (c) The governor may authorize an appointee to transfer 
 accumulated vacation leave and sick leave hours under the 
 following conditions: 

    (1) an appointee moving to a position in the executive 
 branch from a position outside the executive branch may be 
 permitted to transfer no more than 275 hours of accumulated 
 unliquidated vacation leave and no more than 900 hours of 
 accumulated unliquidated sick leave; and 

    (2) an appointee moving to a position outside the executive 
 branch from a position within the executive branch may be 
 permitted to transfer accumulated unliquidated vacation leave 
 and sick leave hours up to the maximum accumulations permitted 
 by the personnel policies governing the new position. 

 The governor shall notify the commissioner of employee relations 
 of any transfers authorized under this paragraph. 

    HIST: Ex1971 c 32 s 11; 1973 c 5 s 1; 1973 c 254 s 3; 1973 c 
 349 s 2; 1973 c 582 s 3; 1973 c 596 s 1; 1975 c 156 s 2; 1975 c 
 271 s 6; 1975 c 321 s 2; 1975 c 359 s 23; 1976 c 134 s 8,78; 
 1976 c 166 s 7; 1977 c 35 s 1,2,5,9; 1977 c 430 s 6; 1979 c 192 
 s 1; 1979 c 332 art 2 s 1; 1980 c 516 s 2; 1980 c 534 s 12; 1980 
 c 607 art 14 s 25; 1980 c 614 s 123; 1980 c 615 s 60; 1981 c 356 
 s 90; 1Sp1981 c 4 art 4 s 48; 1983 c 299 s 4-7; 1984 c 619 s 12; 
 1984 c 640 s 32; 1984 c 654 art 2 s 40,41; art 3 s 15; art 5 s 
 58; 1985 c 11 s 2; 1Sp1985 c 10 s 40,41; 1Sp1985 c 11 s 9,10; 
 1Sp1985 c 13 s 91,92; 1Sp1985 c 14 art 9 s 2; art 10 s 1; 
 1Sp1985 c 16 art 2 s 40 subd 1; 1Sp1985 c 17 s 3,4,13; 1986 c 
 444; 1Sp1986 c 1 art 10 s 3; 1987 c 186 s 15; 1987 c 403 art 2 s 
 1; 1987 c 404 s 72-74; 1988 c 667 s 1,2; 1989 c 334 art 6 s 3; 
 1989 c 335 art 1 s 58; 1990 c 375 s 3; 1990 c 506 art 2 s 7; 
 1990 c 571 s 1,2; 1991 c 233 s 38; 1991 c 345 art 2 s 9; 1991 c 
 356 art 9 s 1; 1993 c 146 art 3 s 6; 1994 c 483 s 1; 1994 c 560 
 art 2 s 4-6; 1994 c 628 art 1 s 1; art 3 s 4,5; 1995 c 212 art 3 
 s 59; art 4 s 64; 1995 c 247 art 2 s 54; 1995 c 248 art 2 s 7; 
 1Sp1995 c 3 art 16 s 13; 1996 c 425 s 2; 2Sp1997 c 3 s 2-4 

     15A.0815 Salary limits for certain employees. 

    Subdivision 1.    Salary limits.  The governor or other 
 appropriate appointing authority shall set the salary rates for 
 positions listed in this section within the salary limits listed 
 in subdivisions 2 to 4, subject to approval of the legislative 
 coordinating commission and the legislature as provided by 
 sections 3.855, 15A.081, subdivision 7b, and 43A.18, subdivision 
 5.  

    Subd. 2.    Group I salary limits.  The salaries for 
 positions in this subdivision may not exceed 85 percent of the 
 salary of the governor:  

    Commissioner of administration; 

    Commissioner of agriculture; 

    Commissioner of children, families, and learning; 

    Commissioner of commerce; 

    Commissioner of corrections; 

    Commissioner of economic security; 

    Commissioner of employee relations; 

    Commissioner of finance; 

    Commissioner of health; 

    Executive director, higher education services office; 

    Commissioner, housing finance agency; 

    Commissioner of human rights; 

    Commissioner of human services; 

    Executive director, state board of investment; 

    Commissioner of labor and industry; 

    Commissioner of natural resources; 

    Director of office of strategic and long-range planning; 

    Commissioner, pollution control agency; 

    Commissioner of public safety; 

    Commissioner, department of public service; 

    Commissioner of revenue; 

    Commissioner of trade and economic development; 

    Commissioner of transportation; and 

    Commissioner of veterans affairs. 

    Subd. 3.    Group II salary limits.  The salaries for 
 positions in this subdivision may not exceed 75 percent of the 
 salary of the governor: 

    Ombudsman for corrections; 

    Executive director of gambling control board; 

    Commissioner, iron range resources and rehabilitation 
 board; 

    Commissioner, bureau of mediation services; 

    Ombudsman for mental health and retardation; 

    Chair, metropolitan council; 

    Executive director of pari-mutuel racing; 

    Executive director, public employees retirement 
 association; 

    Commissioner, public utilities commission; 

    Executive director, state retirement system; and 

    Executive director, teachers retirement association. 

    Subd. 4.    Group III salary limits.  The salary for a 
 position in this subdivision may not exceed 25 percent of the 
 salary of the governor: 

    Chair, metropolitan airports commission. 

    HIST: 2Sp1997 c 3 s 5; 1998 c 351 s 1 

     15A.082 Compensation council. 

    Subdivision 1.    Creation.  A compensation council is 
 created each even-numbered year to assist the legislature in 
 establishing the compensation of constitutional officers, 
 members of the legislature, justices of the supreme court, 
 judges of the court of appeals and district court, and the heads 
 of state and metropolitan agencies included in section 15A.0815. 

    Subd. 2.    Membership.  The compensation council 
 consists of 16 members:  two members of the house of 
 representatives appointed by the speaker of the house of 
 representatives; two members of the senate appointed by the 
 majority leader of the senate; one member of the house of 
 representatives appointed by the minority leader of the house of 
 representatives; one member of the senate appointed by the 
 minority leader of the senate; two nonjudges appointed by the 
 chief justice of the supreme court; and one member from each 
 congressional district appointed by the governor, of whom no 
 more than four may belong to the same political party.  
 Appointments must be made by October 1.  The compensation and 
 removal of members appointed by the governor or the chief 
 justice shall be as provided in section 15.059, subdivisions 3 
 and 4.  The legislative coordinating commission shall provide 
 the council with administrative and support services.  

    Subd. 3.    Submission of recommendations.  (a) By May 1 
 in each odd-numbered year, the compensation council shall submit 
 to the speaker of the house of representatives and the president 
 of the senate salary recommendations for constitutional 
 officers, legislators, justices of the supreme court, and judges 
 of the court of appeals and district court.  The recommended 
 salary for each office must take effect on the first Monday in 
 January of the next odd-numbered year, with no more than one 
 adjustment, to take effect on January 1 of the year after that.  
 The salary recommendations for legislators, judges, and 
 constitutional officers take effect if an appropriation of money 
 to pay the recommended salaries is enacted after the 
 recommendations are submitted and before their effective date.  
 Recommendations may be expressly modified or rejected.  The 
 salary recommendations for legislators are subject to additional 
 terms that may be adopted according to section 3.099, 
 subdivisions 1 and 3. 

    (b) The council shall also submit to the speaker of the 
 house of representatives and the president of the senate 
 recommendations for the salary ranges of the heads of state and 
 metropolitan agencies, to be effective retroactively from 
 January 1 of that year if enacted into law.  The recommendations 
 shall include the appropriate group in section 15A.0815 to which 
 each agency head should be assigned and the appropriate 
 limitation on the maximum range of the salaries of the agency 
 heads in each group, expressed as a percentage of the salary of 
 the governor. 

    Subd. 4.    Criteria.  In making compensation 
 recommendations, the council shall consider the amount of 
 compensation paid in government service and the private sector 
 to persons with similar qualifications, the amount of 
 compensation needed to attract and retain experienced and 
 competent persons, and the ability of the state to pay the 
 recommended compensation.  In making recommendations for 
 legislative compensation, the council shall also consider the 
 average length of a legislative session, the amount of work 
 required of legislators during interim periods, and 
 opportunities to earn income from other sources without 
 neglecting legislative duties.  

    Subd. 4a.    Constitutional officers.  No constitutional 
 officer whose compensation is set under this section may receive 
 monetary compensation for unused vacation or sick leave accruals.

    Subd. 5. Repealed, 1987 c 404 s 191 

    Subd. 6.    Expiration.  Each compensation council shall 
 expire upon submission of the recommendations required by 
 subdivision 3. 

    HIST: 1983 c 299 s 8; 1984 c 654 art 2 s 42; 1Sp1985 c 13 s 
 93,94; 1988 c 686 art 1 s 43; 1991 c 22 s 1; 1991 c 345 art 1 s 
 51; 1992 c 592 s 4; 1994 c 560 art 2 s 7,8; 1994 c 628 art 1 s 
 2; 1995 c 236 s 1; 2Sp1997 c 3 s 18; 1998 c 254 art 2 s 4,5 

     15A.083 Salaries for positions in the judicial branch. 

    Subdivision 1. Repealed, 1987 c 404 s 191 

    Subd. 2. Repealed, 1996 c 310 s 1 

    Subd. 3. Repealed, 1996 c 310 s 1 

    Subd. 4.    Ranges for other judicial positions.  
 Salaries or salary ranges are provided for the following 
 positions in the judicial branch of government.  The appointing 
 authority of any position for which a salary range has been 
 provided shall fix the individual salary within the prescribed 
 range, considering the qualifications and overall performance of 
 the employee.  The supreme court shall set the salary of the 
 state court administrator and the salaries of district court 
 administrators.  The salary of the state court administrator or 
 a district court administrator may not exceed the salary of a 
 district court judge.  If district court administrators die, the 
 amounts of their unpaid salaries for the months in which their 
 deaths occur must be paid to their estates.  The salary of the 
 state public defender must be 95 percent of the salary of the 
 attorney general.  

                                         Salary or Range
                                            Effective 
                                          July 1, 1994
 Board on judicial standards
 executive director                      $44,000-60,000 

    Subd. 4a. Repealed, 1979 c 332 art 2 s 7 

    Subd. 5.    Tax court.  The salary of a judge of the tax 
 court is 98.52 percent of the salary for a district court 
 judge.  The salary of the chief tax court judge is 98.52 percent 
 of the salary for a chief district court judge. 

    Subd. 6.    Referee salaries.  Notwithstanding any 
 other law or ordinance to the contrary, no referee or 
 administrative law judge employed by a court in this state shall 
 receive a salary which is in excess of 90 percent of the salary 
 paid a judge of the employing court. 

    Subd. 6a.    Administrative law judge; salaries.  The 
 salary of the chief administrative law judge is 98.52 percent of 
 the salary of a district court judge.  The salaries of the 
 assistant chief administrative law judge and administrative law 
 judge supervisors are 93.60 percent of the salary of a district 
 court judge.  The salary of an administrative law judge employed 
 by the office of administrative hearings is 88.67 percent of the 
 salary of a district court judge as set under section 15A.082, 
 subdivision 3. 

    Subd. 7.    Workers' compensation court of appeals and 
 compensation judges.  Salaries of judges of the workers' 
 compensation court of appeals are 98.52 percent of the salary 
 for district court judges.  The salary of the chief judge of the 
 workers' compensation court of appeals is 98.52 percent of the 
 salary for a chief district court judge.  Salaries of 
 compensation judges are 88.67 percent of the salary of district 
 court judges.  The chief workers' compensation judge at the 
 department of labor and industry may be paid an annual salary 
 that is up to five percent greater than the salary of workers' 
 compensation settlement judges at the department of labor and 
 industry. 

    HIST: Ex1971 c 32 s 12; 1973 c 564 s 3; 1973 c 596 s 2; 1973 c 
 598 s 4; 1974 c 355 s 35; 1975 c 381 s 1; 1976 c 2 s 2; 1976 c 
 134 s 78; 1977 c 35 s 13; 1977 c 307 s 1,29; 1977 c 432 s 46; 
 1978 c 674 s 4; 1978 c 793 s 40,41; 1979 c 332 art 2 s 2-4; 1980 
 c 614 s 49; 1981 c 224 s 16; 1981 c 346 s 7; 1983 c 299 s 9-11; 
 1983 c 301 s 66,236; 1984 c 640 s 32; 1984 c 654 art 2 s 43; 
 1986 c 444; 1986 c 464 s 1; 1987 c 404 s 75; 1988 c 667 s 3; 
 1990 c 571 s 3-5; 1992 c 567 art 3 s 1; 1993 c 122 s 1; 1994 c 
 560 art 2 s 9; 2Sp1997 c 3 s 6-8; 1998 c 366 s 89; 1998 c 390 
 art 5 s 1-3 

  15A.084 Repealed, 1974 c 511 s 16 

  15A.085 Repealed, 1974 c 511 s 16 

     15A.086 Limits on bonus payments. 

    Notwithstanding any law to the contrary, an employee of the 
 state lottery or of a public corporation or nonprofit 
 corporation created by law may not receive bonus payments in any 
 year that exceed ten percent of the employee's base salary for 
 that year.  For purposes of this section, bonus payments include 
 any combination of merit pay, achievement awards, or any other 
 cash payments in addition to base salary, other than severance 
 pay or overtime or holiday pay.  Groups covered by this section 
 include, but are not limited to, the Workers' Compensation 
 Reinsurance Association, the Minnesota Insurance Guaranty 
 Association, the Fair plan, the Joint Underwriters Association, 
 the Minnesota Joint Underwriters Association, the Life and 
 Health Guaranty Association, the Minnesota Comprehensive Health 
 Association, the Minnesota State High School League, Minnesota 
 Technology, Inc., Agricultural Utilization Research Institute, 
 Minnesota Project Outreach Corporation, State Fund Mutual 
 Insurance Company, the World Trade Center Corporation, and the 
 State Agricultural Society.  This section does not give any 
 entity authority to grant a bonus not otherwise authorized by 
 law.  

    HIST: 1993 c 192 s 42 

  15A.09 Repealed, Ex1971 c 32 s 33 

  15A.091 Repealed, Ex1971 c 32 s 33 

  15A.10 Repealed, Ex1971 c 32 s 33 

  15A.101 Renumbered 16A.16 

  15A.11 Repealed, Ex1971 c 32 s 33 

  15A.12 Renumbered 43.068 

     15A.13 Other terms and conditions of employment. 

    The annual salaries prescribed by chapter 15A for positions 
 in the unclassified service of the executive branch of the state 
 government are in addition to other terms and conditions of 
 their employment as now or hereafter prescribed by law or the 
 commissioner of employee relations pursuant to section 43A.18, 
 subdivision 3. 

    HIST: 1957 c 936 s 12; Ex1971 c 32 s 17; 1979 c 332 art 1 s 9; 
 1980 c 617 s 47; 1981 c 210 s 54 

  15A.14 Repealed, 1973 c 507 s 47; 1974 c 511 s 16 

  15A.15 Repealed, 1996 c 310 s 1 

  15A.16 Repealed, Ex1971 c 32 s 33 

  15A.17 Repealed, Ex1971 c 32 s 33 

     15A.18 Appellate courts employees. 

    Within the limits of their appropriations for salaries and 
 subject to the conditions of the appropriations, the appellate 
 courts may employ such technical, clerical, stenographic, and 
 other personnel as is necessary.  

    HIST: (252(2)) 1913 c 400 s 1 cl 2; Ex1919 c 29 s 1; Ex1919 c 
 30 s 1; 1921 c 504 s 1; 1923 c 377 s 1; 1925 c 268 s 1; 1941 c 
 548 s 3; 1945 c 507 s 1; 1947 c 427 s 1; 1951 c 455 s 3; 1983 c 
 247 s 15 

  15A.19 Repealed, Ex1971 c 32 s 33 

    15A.20 Subdivision 1.  MS 1969 Repealed, Ex1971 c 
 3 s 76 subd 3 

    Subdivision 1.  MS 1971 Renumbered 43.328 
 subdivision 1 

    Subd. 2.  Renumbered 43.328 subd 2 

    Subd. 3.  Renumbered 43.328 subd 3 

    Subd. 4.  Repealed, 1974 c 364 s 23 

    Subd. 5.  Repealed, 1974 c 364 s 23 

  15A.21 Repealed, 1973 c 720 s 79 

     15A.22 Public employees; religious holidays.  

    Any employee of the state, its political subdivisions, or a 
 municipality therein who observes a religious holiday on days 
 which do not fall on a Sunday or a legal holiday, shall be 
 entitled to such days off from employment for such observance.  
 Such days off shall be taken off without pay except where the 
 employee has accumulated annual leave, and in that case such 
 days shall be charged against the accumulated annual leave of 
 the employee or unless the employee is able to work an 
 equivalent number of days at some other time during the fiscal 
 year to compensate for the days lost.  

    HIST: 1971 c 583 s 1; 1986 c 444