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Minnesota Legislature

Office of the Revisor of Statutes

419.06 Rules for police department.

The commission shall adopt rules to promote efficiency in the police department service and to carry out the purposes of this chapter. The rules must provide among other things for:

(1) the classification of all offices and employments in the police department;

(2) public competitive examinations to test the relative fitness of applicants;

(3) public advertisements of all examinations at least ten days in advance in a newspaper of general circulation in the city and posting the advertisement for ten days in the city hall and at each station house;

(4) the creation and maintenance of lists of eligible candidates after successful examination in order of their standing in the examination and without reference to the time of examination, which must be included in an eligible register;

(5) the commission may by rule provide for striking any name from the eligible register after it has been on the register for one year;

(6) the rejection of candidates or eligibles who, after the entry of their names, fail to comply with the reasonable rules and requirements of the commission in respect to age, residence, physical condition, or otherwise, or who have been guilty of criminal, infamous, or disgraceful conduct, or of any willful misrepresentation, deception, or fraud in connection with their applications for employment;

(7) the certification of the three names standing highest on the appropriate list to fill any vacancy;

(8) temporary employment without examination, with the consent in each case of the commission, in cases of emergency, but no such temporary employment may continue more than 30 days nor may successive temporary employments be permitted for the same position; provided, that until 60 days after cessation of hostilities in a war as declared by proper federal authority, whenever there are no names upon the eligible register, temporary appointment may be made for employment to continue until the position is filled by a candidate from the eligible register under the provisions of the rules, provided that persons on the eligible list at the time of induction into the armed forces of the United States must retain their position on the eligible register;

(9) promotion based on competitive examination and upon records of efficiency, character, conduct and seniority;

(10) suspension with or without pay for not longer than 60 days and for leave of absence, with or without pay; and

(11) other rules not inconsistent with the provisions of this chapter as may, from time to time, be found necessary to secure the purposes of this chapter.

When a disparity exists between the make-up of the police department and its approved affirmative action goals, the commission may certify up to two eligible candidates from each protected group for which a disparity exists. This certification is in addition to the three candidates certified under clause (7). This expanded certification may not include a member of a protected group if a member of that group is one of the three candidates certified under clause (7). Certifications under this paragraph must be made from the list of eligible candidates who have successfully completed the examination, in order of their standing in the examination. These expanded certification procedures apply only to positions to be filled from the public and do not apply to promotional appointments.

Copies of such rules must be kept posted in a conspicuous place at each police station house and no rules of general application with reference to employment, promotion, discharge, or suspension are effective until posted.

HIST: (1933-53) 1929 c 299 s 6; 1943 c 441 s 1; 1959 c 694 s 3; 1973 c 123 art 5 s 7; 1991 c 140 s 1; 1993 c 35 s 1