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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 15A. PUBLIC OFFICERS AND EMPLOYEES; COMPENSATION AND ALLOWANCES

Table of Sections
SectionHeadnote
15A.01AMOUNT.
15A.02 [Repealed, Ex1971 c 32 s 33]
15A.021 [Repealed, 1974 c 511 s 16]
15A.03 [Repealed, Ex1971 c 32 s 33]
15A.031 [Repealed, 1974 c 511 s 16]
15A.04 [Repealed, Ex1971 c 32 s 33]
15A.041 [Repealed, 1974 c 511 s 16]
15A.05 [Repealed, Ex1971 c 32 s 33]
15A.06 [Repealed, Ex1971 c 32 s 33]
15A.07 [Repealed, Ex1971 c 32 s 33]
15A.071 [Repealed, 1975 c 381 s 23]
15A.08 [Repealed, Ex1971 c 32 s 33]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.081SALARIES; EXPENSES; LEAVE TRANSFERS.
15A.0815SALARY LIMITS FOR CERTAIN EMPLOYEES.
15A.082COMPENSATION COUNCIL.
15A.0825LEGISLATIVE SALARY COUNCIL.
15A.083SALARIES FOR POSITIONS IN THE JUDICIAL BRANCH.
15A.084 [Repealed, 1974 c 511 s 16]
15A.085 [Repealed, 1974 c 511 s 16]
15A.086LIMITS ON BONUS PAYMENTS.
15A.09 [Repealed, Ex1971 c 32 s 33]
15A.091 [Repealed, Ex1971 c 32 s 33]
15A.10 [Repealed, Ex1971 c 32 s 33]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15A.11 [Repealed, Ex1971 c 32 s 33]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.13OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
15A.14 [Repealed, 1973 c 507 s 47; 1974 c 511 s 16]
15A.15 [Repealed, 1996 c 310 s 1]
15A.16 [Repealed, Ex1971 c 32 s 33]
15A.17 [Repealed, Ex1971 c 32 s 33]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.18APPELLATE COURTS EMPLOYEES.
15A.19 [Repealed, Ex1971 c 32 s 33]
15A.20 Subdivisions renumbered, repealed, or no longer in effect
15A.21 [Repealed, 1973 c 720 s 79]
15A.22PUBLIC EMPLOYEES; RELIGIOUS HOLIDAYS.
PUBLIC OFFICERS AND EMPLOYEES COMPENSATION

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.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.

15A.02 [Repealed, Ex1971 c 32 s 33]
15A.021 [Repealed, 1974 c 511 s 16]
15A.03 [Repealed, Ex1971 c 32 s 33]
15A.031 [Repealed, 1974 c 511 s 16]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.

[Repealed, 2003 c 133 art 2 s 21]

Subd. 7c.Minnesota State Colleges and Universities chancellor.

The Board of Trustees of the Minnesota State Colleges and Universities shall establish a salary range for the position of chancellor of the Minnesota State Colleges and Universities. The board shall submit the proposed salary range to the Legislative Coordinating Commission for approval, modification, or rejection in the manner provided in section 3.855. The board shall establish the salary for the chancellor within the approved salary range.

In deciding whether to approve a salary increase, the board shall consider the performance of the chancellor in areas including educational leadership, student success, system management, human resources, and affirmative action.

Subd. 8.Expense allowance.

Notwithstanding any law to the contrary, positions listed in section 15A.0815, subdivisions 2 and 3, constitutional officers, the commissioner of Iron Range resources and rehabilitation, and the director of the State Lottery 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 management and budget 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 management and budget of any transfers authorized under this paragraph.

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. The governor's or other appointing authority's action is subject to approval of the Legislative Coordinating Commission and the legislature as provided by subdivision 5 and section 3.855.

Subd. 2.Group I salary limits.

The salary for a position listed in this subdivision shall not exceed 133 percent of the salary of the governor. This limit must be adjusted annually on January 1. The new limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all urban consumers from October of the second prior year to October of the immediately prior year. The commissioner of management and budget must publish the limit on the department's Web site. This subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

Subd. 3.Group II salary limits.

The salary for a position listed in this subdivision shall not exceed 120 percent of the salary of the governor. This limit must be adjusted annually on January 1. The new limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all urban consumers from October of the second prior year to October of the immediately prior year. The commissioner of management and budget must publish the limit on the department's Web site. This subdivision applies to the following positions:

Executive director of Gambling Control Board;

Commissioner, Iron Range Resources and Rehabilitation Board;

Commissioner, Bureau of Mediation Services;

Ombudsman for Mental Health and Developmental Disabilities;

Chair, Metropolitan Council;

School trust lands director;

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

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.

Subd. 5.Determining individual salaries.

(a) The governor or other appointing authority may submit to the Legislative Coordinating Commission recommendations for salaries within the salary limits for the positions listed in subdivisions 2 to 4. Before recommending a salary, the governor or other appointing authority must consult with the commissioner of management and budget concerning the salary. In recommending a salary, the governor or other appointing authority shall consider the criteria established in section 43A.18, subdivision 8, and the performance of individual incumbents. The performance evaluation must include a review of an incumbent's progress toward attainment of affirmative action goals. The governor or other appointing authority shall establish an objective system for quantifying knowledge, abilities, duties, responsibilities, and accountabilities, and in determining recommendations rate each position by this system.

(b) Before the governor or other appointing authority's recommended salaries take effect, the recommendations must be reviewed and approved, rejected, or modified by the Legislative Coordinating Commission and the legislature under section 3.855, subdivisions 2 and 3.

(c) The governor or other appointing authority may propose additions or deletions of positions from those listed in subdivisions 2 to 4.

(d) The governor or other appointing authority shall set the initial salary of a head of a new agency or a chair of a new metropolitan board or commission whose salary is not specifically prescribed by law after consultation with the commissioner, whose recommendation is advisory only. The amount of the new salary must be comparable to the salary of an agency head or commission chair having similar duties and responsibilities.

(e) The salary of a newly appointed head of an agency or chair of a metropolitan agency listed in subdivisions 2 to 4 may be increased or decreased by the governor or other appointing authority from the salary previously set for that position within 30 days of the new appointment after consultation with the commissioner. If the appointing authority increases a salary under this paragraph, the appointing authority shall submit the new salary to the Legislative Coordinating Commission and the full legislature for approval, modification, or rejection under section 3.855, subdivisions 2 and 3.

15A.082 COMPENSATION COUNCIL.

Subdivision 1.Creation.

A Compensation Council is created each odd-numbered year to assist the legislature in establishing the compensation of constitutional officers, 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: eight nonjudges appointed by the chief justice of the Supreme Court, of whom no more than four may belong to the same political party; 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 after the first Monday in January and before January 15. 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 April 1 in each odd-numbered year, the Compensation Council shall submit to the speaker of the house and the president of the senate salary recommendations for constitutional officers, justices of the Supreme Court, and judges of the Court of Appeals and district court. The recommended salary for each other 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 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.

(b) The council shall also submit to the speaker of the house 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.

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.

15A.0825 LEGISLATIVE SALARY COUNCIL.

Subdivision 1.Membership.

(a) The Legislative Salary Council consists of the following members:

(1) one person, who is not a judge, from each congressional district, appointed by the chief justice of the Supreme Court; and

(2) one person from each congressional district, appointed by the governor.

(b) If Minnesota has an odd number of congressional districts, the governor and the chief justice must each appoint an at-large member, in addition to a member from each congressional district.

(c) One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the most members in the legislature. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the second most members in the legislature.

(d) None of the members of the council may be:

(1) a current or former legislator, or the spouse of a current legislator;

(2) a current or former lobbyist registered under Minnesota law;

(3) a current employee of the legislature;

(4) a current or former judge; or

(5) a current or former governor, lieutenant governor, attorney general, secretary of state, or state auditor.

Subd. 2.Initial appointment; convening authority; first meeting.

Appointing authorities must make their initial appointments by January 2, 2017. The governor shall designate one member to convene and chair the first meeting of the council. The first meeting must be before January 15, 2017. At its first meeting, the council must elect a chair from among its members. Members that reside in an even-numbered congressional district serve a first term ending January 15, 2019. Members residing in an odd-numbered congressional district serve a first term ending January 15, 2021.

Subd. 3.Terms.

(a) Except for initial terms and for the first term following redistricting, a term is four years or until new appointments are made after congressional redistricting as provided in subdivision 4. Members may serve no more than two full terms or portions of two consecutive terms.

(b) If a member ceases to reside in the congressional district that the member resided in at the time of appointment as a result of moving or redistricting, the appointing authority who appointed the member must appoint a replacement who resides in the congressional district to serve the unexpired term.

Subd. 4.Appointments following redistricting.

Appointing authorities shall make appointments within three months after a congressional redistricting plan is adopted. Members that reside in an even-numbered district shall be appointed to a term of two years following redistricting. Members that reside in an odd-numbered district shall be appointed to a term of four years following redistricting.

Subd. 5.Removal; vacancies.

Members may be removed only for cause, after notice and a hearing, for missing three consecutive meetings, or as a result of redistricting. The chair of the council or a designee shall inform the appointing authority of a member missing three consecutive meetings. After the second consecutively missed meeting and before the next meeting, the chair or a designee shall notify the member in writing that the member may be removed for missing the next meeting. In the case of a vacancy on the council, the appointing authority shall appoint a person to fill the vacancy for the remainder of the unexpired term.

Subd. 6.Compensation.

Members shall be compensated under section 15.059, subdivision 3.

Subd. 7.Duties.

By March 31 of each odd-numbered year, the council must prescribe salaries for legislators to take effect July 1 of that year. In setting salaries, the council must take into account any other legislative compensation provided to the legislators by the state and the most recent budget forecast. The council must submit a report by March 31 of each odd-numbered year with the prescribed salaries to the governor, the majority and minority leaders of the senate and the house of representatives, the chairs of the committees in the senate and the house of representatives with jurisdiction over the legislature's budget, and the chairs of the committees in the senate and house of representatives with jurisdiction over finance. The report must describe the council's rationale for selecting the prescribed salaries.

Subd. 8.Chair.

The commission shall elect a chair from among its members.

Subd. 9.Staffing.

The Legislative Coordinating Commission shall provide administrative and support services for the council.

Subd. 10.No ex parte communications.

Members may not have any communication with a member of the legislature during the period after the first meeting is convened under subdivision 2 and the date the legislator salaries are submitted under subdivision 7.

NOTE: This section, as added by Laws 2014, chapter 282, section 1, is effective upon adoption of the constitutional amendment proposed under Laws 2013, chapter 124, as amended by Laws 2014, chapter 282, sections 2 and 3. Laws 2014, chapter 282, section 1, the effective date.

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. 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 shall be fixed by the State Board of Public Defense but must not exceed the salary of a district court judge.

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.

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, Enterprise Minnesota, Inc., Agricultural Utilization Research Institute, Minnesota Project Outreach Corporation, and the State Agricultural Society. This section does not give any entity authority to grant a bonus not otherwise authorized by law.

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 management and budget pursuant to section 43A.18, subdivision 3.

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.

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.

MS 1971 [Renumbered 43.328, subd 2]

Subd. 3.

MS 1971 [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.

History:

1971 c 583 s 1; 1986 c 444