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43A.07 CLASSIFIED SERVICE.
    Subdivision 1. Classification plan. The commissioner shall maintain, revise and administer
a classification plan.
    Subd. 2. Job classes and titles. An appointing authority shall notify the commissioner when
a new position is to be established in the classified service. The commissioner shall allocate the
position to an appropriate class in the classification plan or if the position cannot be allocated to
an existing class, establish a new class. The commissioner shall assign an appropriate salary rate
or range to the class. If the class is in a bargaining unit under the provisions of section 179A.10,
and there is an applicable provision in the collective bargaining agreement the commissioner shall
establish the salary rate or range pursuant to the agreement.
The commissioner may independently conduct classification studies or, upon request of a
permanent employee, may investigate the duties of a classified position. If a request is denied, the
employee must be given a written explanation. The commissioner shall investigate the duties of a
classified position upon request of an appointing authority. The commissioner may reclassify the
position, change the title of the position or establish a new class. The commissioner shall assign
an appropriate salary rate or range to the class. If the class is in a collective bargaining unit under
the provisions of section 179A.10, and there is an applicable provision in the collective bargaining
agreement, the commissioner shall establish the salary rate or range pursuant to the agreement.
    Subd. 3. Protested allocation or reclassification. An appointing authority who is affected
by a position allocation or reclassification or an employee who is affected by a position
reclassification may protest the allocation or reclassification in writing to the commissioner. The
commissioner shall review the allocation or reclassification and may change the allocation or
reclassification decision. This procedure shall not be subject to contested case provisions of
the Administrative Procedure Act.
    Subd. 4. Effect of reclassification. Except as provided in section 43A.17, subdivision 5,
the incumbent of a position which has been reclassified shall continue in the position only if the
employee is eligible for and is appointed to the position of the new class in accordance with the
provisions of this chapter and the rules, administrative procedures or a collective bargaining
agreement entered into under sections 179A.01 to 179A.25 governing reallocation or change
in allocation of positions, promotion, transfer, and demotion. If the incumbent is ineligible to
continue in the position and is not transferred, promoted or demoted, the layoff provisions of
plans pursuant to section 43A.18 or a collective bargaining agreement entered into under sections
179A.01 to 179A.25 shall apply. Personnel changes required by the reclassification of positions
shall be completed within a reasonable period of time, as prescribed by the commissioner,
following the reclassification notice to an appointing authority.
    Subd. 5. Leaves to accept unclassified appointments. An employee may be granted a leave
of absence from a position in the classified service to accept a position in the unclassified service.
Upon request, during the unclassified appointment or within 60 days of the end of the unclassified
appointment, the employee shall be reappointed in the agency from which the employee was
granted the leave, to a classified position comparable to that held immediately prior to being
appointed to the unclassified position.
    Subd. 6. Rights of incumbents of declassified positions. Except for just cause, an
incumbent with permanent status shall not be removed from a position which is declassified for
a period of one year following the declassification. An appointing authority may remove an
incumbent of a declassified position after one year with 30 days' prior notice. At any time after the
declassification, and prior to the end of the 30-day notice period, if so requested, the employee
shall be appointed within the same agency to a classified position comparable to the position
that was declassified or, if a comparable position is unavailable, to a position in that agency
comparable to that held immediately prior to being appointed to the declassified position. This
section applies only to the incumbent at the time the position is declassified and not to employees
subsequently appointed to the declassified position.
History: 1981 c 210 s 7; 1984 c 462 s 27; 1Sp1985 c 13 s 165; 1986 c 444; 1997 c 97 s
6; 1999 c 182 s 6,7

Official Publication of the State of Minnesota
Revisor of Statutes