2007 Minnesota Statutes

197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT OF
MANDAMUS.
Any person whose rights may be in any way prejudiced contrary to any of the provisions of
this section, shall be entitled to a writ of mandamus to remedy the wrong. No person holding a
position by appointment or employment in the several counties, cities, towns, school districts
and all other political subdivisions in the state, who is a veteran separated from the military
service under honorable conditions, shall be removed from such position or employment except
for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges,
in writing.
Any veteran who has been notified of the intent to discharge the veteran from an appointed
position or employment pursuant to this section shall be notified in writing of such intent to
discharge and of the veteran's right to request a hearing within 60 days of receipt of the notice
of intent to discharge. The failure of a veteran to request a hearing within the provided 60-day
period shall constitute a waiver of the right to a hearing. Such failure shall also waive all other
available legal remedies for reinstatement.
Request for a hearing concerning such a discharge shall be made in writing and submitted by
mail or personal service to the employment office of the concerned employer or other appropriate
office or person.
In all governmental subdivisions having an established civil service board or commission,
or merit system authority, such hearing for removal or discharge shall be held before such civil
service board or commission or merit system authority. Where no such civil service board or
commission or merit system authority exists, such hearing shall be held by a board of three
persons appointed as follows: one by the governmental subdivision, one by the veteran, and the
third by the two so selected. In the event the two persons so selected do not appoint the third
person within ten days after the appointment of the last of the two, then the judge of the district
court of the county wherein the proceeding is pending, or if there be more than one judge in said
county then any judge in chambers, shall have jurisdiction to appoint, and upon application of
either or both of the two so selected shall appoint, the third person to the board and the person so
appointed by the judge with the two first selected shall constitute the board. The veteran may
appeal from the decision of the board upon the charges to the district court by causing written
notice of appeal, stating the grounds thereof, to be served upon the governmental subdivision or
officer making the charges within 15 days after notice of the decision and by filing the original
notice of appeal with proof of service thereof in the office of the court administrator of the district
court within ten days after service thereof. Nothing in section 197.455 or this section shall be
construed to apply to the position of private secretary, teacher, superintendent of schools, or one
chief deputy of any elected official or head of a department, or to any person holding a strictly
confidential relation to the appointing officer. The burden of establishing such relationship shall
be upon the appointing officer in all proceedings and actions relating thereto.
All officers, boards, commissions, and employees shall conform to, comply with, and aid
in all proper ways in carrying into effect the provisions of section 197.455 and this section
notwithstanding any laws, charter provisions, ordinances or rules to the contrary. Any willful
violation of such sections by officers, officials, or employees is a misdemeanor.
History: (4369) 1907 c 263 s 2; 1917 c 499 s 1; 1919 c 14 s 1; 1919 c 192 s 2; 1937 c
121; Ex1937 c 6 s 2; 1943 c 230 s 2; 1945 c 502 s 2; 1961 c 566 s 1; 1974 c 549 s 1; 1975 c
45 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82