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Office of the Revisor of Statutes

471.9981 COUNTIES AND CITIES; PAY EQUITY COMPLIANCE.
    Subdivision 1. 1988 report. A home rule charter or statutory city or county, referred to in
this section as a "governmental subdivision," that employs ten or more people and that did not
submit a report according to repealed section 471.998, shall submit the report by October 1, 1988,
to the commissioner of employee relations.
The plan for implementing equitable compensation for the employees must provide for
complete implementation not later than December 31, 1991, unless a later date has been approved
by the commissioner. If a report was filed before October 1, 1987, and had an implementation
date after December 31, 1991, the date in the report shall be approved by the commissioner. The
plan need not contain a market study.
    Subd. 2.[Repealed, 1990 c 512 s 13]
    Subd. 3.[Repealed, 1990 c 512 s 13]
    Subd. 4.[Repealed, 1990 c 512 s 13]
    Subd. 5.[Repealed, 1990 c 512 s 13]
    Subd. 5a. Implementation report. By January 31, 1992, each political subdivision shall
submit to the commissioner an implementation report that includes the following information
as of December 31, 1991:
(1) a list of all job classes in the political subdivision;
(2) the number of employees in each class;
(3) the number of female employees in each class;
(4) an identification of each class as male-dominated, female-dominated, or balanced as
defined in section 471.991;
(5) the comparable work value of each class as determined by the job evaluation used by the
subdivision in accordance with section 471.994;
(6) the minimum and maximum salary for each class, if salary ranges have been established,
and the amount of time in employment required to qualify for the maximum;
(7) any additional cash compensation, such as bonuses or lump-sum payments, paid to
the members of a class; and
(8) any other information requested by the commissioner.
If a subdivision fails to submit a report, the commissioner shall find the subdivision not in
compliance with subdivision 6 and shall impose the penalty prescribed by that subdivision.
    Subd. 5b. Public data. The implementation report required by subdivision 5a is public
data governed by chapter 13.
    Subd. 6. Penalty for failure to implement plan. (a) The commissioner of employee
relations shall review the implementation report submitted by a governmental subdivision
to determine whether the subdivision has established equitable compensation relationships as
required by section 471.992, subdivision 1, by December 31, 1991, or the later date approved
by the commissioner. The commissioner shall notify a subdivision found to have achieved
compliance with section 471.992, subdivision 1.
(b) If the commissioner finds that the subdivision is not in compliance based on the
information contained in the implementation report required by section 471.9981, subdivision
5a
, the commissioner shall notify the subdivision of the basis for the finding. The notice must
include a detailed description of the basis for the finding, specific recommended actions to
achieve compliance, and an estimated cost of compliance. If the subdivision disagrees with the
finding, it shall notify the commissioner, who shall provide a specified time period in which to
submit additional evidence in support of its claim that it is in compliance. The commissioner shall
consider at least the following additional information in reconsidering whether the subdivision is
in compliance:
(1) recruitment difficulties;
(2) retention difficulties;
(3) recent arbitration awards that are inconsistent with equitable compensation relationships;
and
(4) information that can demonstrate a good-faith effort to achieve compliance and continued
progress toward compliance, including any constraints the subdivision faces.
The subdivision shall also present a plan for achieving compliance and a date for additional
review by the commissioner.
(c) If the subdivision does not make the changes to achieve compliance within a reasonable
time set by the commissioner, the commissioner shall notify the subdivision and the commissioner
of revenue that the subdivision is subject to a five percent reduction in the aid that would otherwise
be payable to that governmental subdivision under section 126C.13, 273.1398, or sections
477A.011 to 477A.014, or to a fine of $100 a day, whichever is greatest. The commissioner of
revenue shall enforce the penalty beginning in calendar year 1992 or in the first calendar year
beginning after the date for implementation of the plan of a governmental subdivision for which
the commissioner of employee relations has approved an implementation date later than December
31, 1991. However, the commissioner of revenue may not enforce a penalty until after the end
of the first regular legislative session after a report listing the subdivision as not in compliance
has been submitted to the legislature under section 471.999. The penalty remains in effect until
the subdivision achieves compliance. The commissioner of employee relations may suspend the
penalty upon making a finding that the failure to implement was attributable to circumstances
beyond the control of the governmental subdivision or to severe hardship, or that noncompliance
results from factors unrelated to the sex of the members dominating the affected classes and that
the subdivision is taking substantial steps to achieve compliance to the extent possible.
    Subd. 7. Appeal. A governmental subdivision may appeal the imposition of a penalty under
subdivision 6 by filing a notice of appeal with the commissioner of employee relations within
30 days of the commissioner's notification to the subdivision of the penalty. An appeal must
be heard as a contested case under sections 14.57 to 14.62. No penalty may be imposed while
an appeal is pending.
History: 1988 c 702 s 15; 1990 c 512 s 7-10; 1997 c 7 art 1 s 147; 1998 c 397 art 11 s 3