2006 Minnesota Statutes

43A.10 SELECTION PROCESS; ELIGIBILITY TO COMPETE.
    Subdivision 1. General. Entrance to the classified service shall be through successful
competition in a selection process and appointment from a finalist pool except as provided in
section 43A.15 or other law and for employees in a bargaining unit as defined in section 179A.10,
appointments shall be subject to applicable provisions of collective bargaining agreements.
    Subd. 2. Selection criteria and methods. All selection criteria and methods for filling
positions in the classified service shall be job related and designed to fairly assess ability to
perform the duties of the vacant position for which the selection process is conducted.
    Subd. 2a. Application requirements. The commissioner shall establish and maintain a
database of applicants for state employment. The commissioner shall establish, publicize, and
enforce minimum requirements for application. The appointing authority shall enforce the
established minimum requirements for application for individuals who express interest directly
to the appointing authority.
    Subd. 2b. Term of eligibility. The term of eligibility on layoff lists shall be as provided in
the collective bargaining agreement or plan established under section 43A.18, under which the
layoff list was established. The term of eligibility for all other applicants shall be determined by
the commissioner but shall not be less than six months.
    Subd. 3. Facilities furnished for selection procedures. The authorities having control of
public buildings in political subdivisions of the state and school districts, upon written request
of the commissioner, shall furnish convenient facilities for the administration of selection
procedures. Upon such request, it shall be the duty of state and local authorities and employees,
as it is consistent with their other duties, to aid in carrying out the provisions of this section.
Campuses of the Minnesota State Colleges and Universities may charge the commissioner for
actual costs incurred in providing facilities for selection procedures, provided that the costs were
incurred due solely to the selection procedure.
    Subd. 4. Applicants; expenses. The commissioner or an appointing authority may pay travel
expenses incurred by applicants invited for oral examinations or employment interviews in the
manner and amounts authorized by the commissioner.
    Subd. 5.[Repealed by amendment, 2004 c 207 s 12]
    Subd. 6.[Repealed by amendment, 2004 c 207 s 12]
    Subd. 6a. Limited consideration of applicants. The commissioner may limit consideration
to only those applicants who have indicated availability for the geographic location, employment
condition, travel status, and job grouping of the vacant position and who have indicated possession
of the minimum qualifications for the vacant position. In addition, the commissioner may limit
consideration to only those applicants who are:
(1) employees on a layoff list for the job class of the position. The appointing authority shall
consider those names as provided in collective bargaining agreements and plans established
under section 43A.18;
(2) current employees of the civil service, the Minnesota State Retirement System, the Public
Employees Retirement Association, and the Teacher's Retirement Association, or employees of
one or more agencies or organizational units under them;
(3) former permanent and probationary employees of the job class who separated from the
class within the past four years and have indicated availability for reinstatement to the class; or
(4) current permanent and probationary employees who have indicated availability for
transfer or demotion to the job class.
    Subd. 6b. Refusal to consider an applicant. The commissioner may remove from
consideration any applicant who:
(1) has been dismissed for cause from the public service;
(2) has directly or indirectly given or promised to give anything of value to any person in
connection with the selection process, appointment, or proposed appointment;
(3) has made a false statement of any material fact, or practiced or attempted to practice any
deception or fraud in the application or selection process or in securing eligibility or appointment;
or
(4) has a prior conviction of a crime directly related to the vacant position provided the
refusal is consistent with the requirements and procedures of chapter 364.
When the commissioner refuses to consider an applicant, the commissioner shall, upon
request of the applicant, furnish the applicant a statement of the reasons for the refusal. Upon
receipt of relevant information, the commissioner shall reconsider the refusal and may restore the
applicant to consideration.
    Subd. 7. Selection process accommodations. Upon request, the commissioner or appointing
authority shall provide selection process accommodations to an applicant with a disability that
does not prevent performance of the duties of the position. The accommodations must provide
an opportunity to fairly assess the ability of the applicant to perform the duties of the position
notwithstanding the disability but must preserve, to the extent feasible, the validity of the selection
process and equitable comparison of results with the results of competitors without disabilities.
    Subd. 8.[Repealed by amendment, 2004 c 207 s 12]
History: 1981 c 210 s 10; 1983 c 39 s 1; 1984 c 544 s 80; 1984 c 642 s 1; 1985 c 11 s 4;
1Sp1985 c 13 s 167; 1986 c 444; 1987 c 232 s 2; 1990 c 571 s 10,11; 1995 c 248 art 10 s 4; 1996
c 398 s 24; 2004 c 207 s 12; 2005 c 144 s 1