2006 Minnesota Statutes

43A.05 POWERS AND RESPONSIBILITIES THROUGH THE PERSONNEL BUREAU.
    Subdivision 1. General. The commissioner through the Personnel Bureau shall perform the
duties assigned in this chapter. The deputy for the Personnel Bureau shall perform any duties
delegated by the commissioner.
The commissioner's authority and responsibility shall include but not be limited to
maintenance of a classification plan, assignment of all positions in the classified service to job
classes, maintenance and approval of total compensation plans for all positions in the executive
branch pursuant to the provisions of section 43A.18 and other provisions of law; administration
of systems for employee selection; maintenance of employee performance appraisal, training
and affirmative action programs; and maintenance and publication of logical career paths in
the classified civil service.
    Subd. 2. Requests for nonstate funds. The commissioner shall have the authority to
review and comment upon all requests for other than state appropriated funds by any agency for
personnel and labor relations purposes before any funding request is made to a federal, local or
private agency.
    Subd. 3. Commissioner's plan. The commissioner shall periodically develop and establish
pursuant to this chapter a commissioner's plan. The commissioner shall submit the plan, before
becoming effective, to the legislative coordinating commission for approval.
    Subd. 4. Time off in emergencies. The commissioner shall authorize appointing authorities
to pay for time off in emergencies. The commissioner, after consultation with the commissioner
of public safety, may excuse employees from duty with full pay in the event of a natural or other
emergency, if continued operation would involve a threat to the health or safety of individuals.
Absence with pay shall not exceed 16 working hours at any one time unless the commissioner
authorizes a longer duration. Authority to excuse employees from duty with full pay on the
campuses of the Minnesota State Colleges and Universities is vested in the college and university
presidents, under guidelines established by the Board of Trustees of the Minnesota State Colleges
and Universities.
    Subd. 5. Comparability adjustments. The commissioner shall compile, subject to
availability of funds and personnel, and submit to the Legislative Coordinating Commission by
January 1 of each odd-numbered year a list showing, by bargaining unit, and by plan for executive
branch employees covered by a plan established under section 43A.18, those female-dominated
classes and those male-dominated classes in state civil service for which a compensation inequity
exists based on comparability of the value of the work. The commissioner shall also submit to
the Legislative Coordinating Commission, along with the list, an estimate of the appropriation
necessary for providing comparability adjustments for classes on the list. The commission shall
review and approve, disapprove, or modify the list and proposed appropriation. The commission's
action must be submitted to the full legislature. The full legislature may approve, reject, or
modify the commission's action. The commission shall show the distribution of the proposed
appropriation among the bargaining units and among the plans established under 43A.18. Each
bargaining unit and each plan must be allocated that proportion of the total proposed appropriation
that equals the cost of providing adjustments for the positions in the unit or plan approved by the
commission for comparability adjustments divided by the total cost of providing adjustments for
all positions on the list approved by the commission for comparability adjustments. Distribution
of any appropriated funds within each bargaining unit or plan must be determined by collective
bargaining agreements or by plans.
    Subd. 6. Allocation. The amount recommended by the Legislative Coordinating Commission
pursuant to subdivision 5 to make comparability adjustments shall be submitted to the full
legislature by March 1 of each odd-numbered year. The legislature may accept, reject, or modify
the amount recommended. The commissioner of finance, in consultation with the commissioner
of employee relations, shall allocate the amount appropriated by the legislature, on a pro rata
basis, if necessary, to the proper accounts for distribution to incumbents of classes which have
been approved for comparability adjustments.
Funds appropriated for purposes of comparability adjustments for state employees shall
be drawn exclusively from and shall not be in addition to the funds appropriated for salary
supplements or other employee compensation. Funds not used for purposes of comparability
adjustments shall revert to the appropriate fund.
    Subd. 7. Human rights. The commissioner of human rights or any state court may use as
evidence the results of any job evaluation system established under subdivision 5 and the reports
compiled under subdivision 5 in any proceeding or action alleging discrimination.
History: 1981 c 210 s 5; 1982 c 560 s 12; 1982 c 634 s 6,8; 1983 c 301 s 100; 1984 c 462
s 27; 1989 c 223 s 1; 1994 c 560 art 2 s 10; 1995 c 248 art 2 s 7; 1996 c 398 s 22; 1997 c
79 s 11,12; 2004 c 207 s 11