HF 3138

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to state government; requiring the legislative auditor to establish a
1.3compensation plan for employees of the auditor, subject to legislative review and
1.4approval; ratifying state labor contracts;amending Minnesota Statutes 2006,
1.5sections 3.855, subdivision 3; 3.971, subdivision 2; 85A.02, subdivision 5a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2006, section 3.855, subdivision 3, is amended to read:
1.8    Subd. 3. Other salaries and compensation plans. The commission shall also:
1.9    (1) review and approve, reject, or modify a plan for compensation and terms and
1.10conditions of employment prepared and submitted by the commissioner of employee
1.11relations under section 43A.18, subdivision 2, covering all state employees who are not
1.12represented by an exclusive bargaining representative and whose compensation is not
1.13provided for by chapter 43A or other law;
1.14    (2) review and approve, reject, or modify a plan for total compensation and terms
1.15and conditions of employment for employees in positions identified as being managerial
1.16under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise
1.17provided for in law or other plans established under chapter 43A;
1.18    (3) review and approve, reject, or modify recommendations for salaries submitted
1.19by the governor or other appointing authority under section 15A.0815, subdivision 5,
1.20covering agency head positions listed in section 15A.0815;
1.21    (4) review and approve, reject, or modify recommendations for salaries of officials
1.22of higher education systems under section 15A.081, subdivisions 7b and 7c; and
1.23    (5) review and approve, reject, or modify plans for compensation, terms, and
1.24conditions of employment proposed under section 43A.18, subdivisions 3a and 4; and
2.1    (6) review and approve, reject, or modify the plan for compensation, terms, and
2.2conditions of employment of classified employees in the office of the legislative auditor
2.3under section 3.971, subdivision 2.

2.4    Sec. 2. Minnesota Statutes 2006, section 3.971, subdivision 2, is amended to read:
2.5    Subd. 2. Staff; compensation. The legislative auditor shall establish a Financial
2.6Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this
2.7section. Each division may be supervised by a deputy auditor, appointed by the legislative
2.8auditor, with the approval of the commission, for a term coterminous with the legislative
2.9auditor's term. The deputy auditors may be removed before the expiration of their terms
2.10only for cause. The legislative auditor and deputy auditors may each appoint a confidential
2.11secretary to serve at pleasure. The salaries and benefits of the legislative auditor, deputy
2.12auditors and confidential secretaries shall be determined by the compensation plan
2.13approved by the Legislative Coordinating Commission. The deputy auditors may perform
2.14and exercise the powers, duties and responsibilities imposed by law on the legislative
2.15auditor when authorized by the legislative auditor. The deputy auditors and the confidential
2.16secretaries serve in the unclassified civil service, but all other employees of the legislative
2.17auditor are in the classified civil service. Compensation for employees of the legislative
2.18auditor in the classified service shall be governed by a plan prepared by the legislative
2.19auditor and approved by the Legislative Coordinating Commission and the legislature
2.20under section 3.855, subdivision 3. While in office, a person appointed deputy for the
2.21Financial Audit Division must hold an active license as a certified public accountant.

2.22    Sec. 3. Minnesota Statutes 2006, section 85A.02, subdivision 5a, is amended to read:
2.23    Subd. 5a. Employees. (a) The board shall appoint an administrator who shall serve
2.24as the executive secretary and principal administrative officer of the board and, subject
2.25to its approval, shall operate the Minnesota Zoological Garden and enforce all rules and
2.26policy decisions of the board. The administrator must be chosen solely on the basis of
2.27training, experience, and other qualifications appropriate to the field of zoo management
2.28and development. The board shall set the salary of the administrator. The salary of the
2.29administrator may not exceed 130 percent of the salary of the governor; however, any
2.30amount exceeding 95 percent of the salary of the governor must consist of nonstate funds.
2.31The administrator shall perform duties assigned by the board and serves in the unclassified
2.32service at the pleasure of the board. The administrator, with the participation of the
2.33board, shall appoint a development director in the unclassified service or contract with a
2.34development consultant to establish mechanisms to foster community participation in and
3.1community support for the Minnesota Zoological Garden. The board may employ other
3.2necessary professional, technical, and clerical personnel. Employees of the Zoological
3.3Garden are eligible for salary supplement in the same manner as employees of other state
3.4agencies. The commissioner of finance shall determine the amount of salary supplement
3.5based on available funds.
3.6(b) The board may contract with individuals to perform professional services
3.7and may contract for the purchases of necessary species exhibits, supplies, services,
3.8and equipment. The board may also contract for the construction and operation of
3.9entertainment facilities on the zoo grounds that are not directly connected to ordinary
3.10functions of the Zoological Garden. The zoo board may not enter into a final agreement
3.11for construction of an entertainment facility that is not directly connected to the ordinary
3.12functions of the zoo until after final construction plans have been submitted to the chairs
3.13of the senate Finance and house Ways and Means Committees for their recommendations.
3.14The zoo may not contract for entertainment during the period of the Minnesota State
3.15Fair that would directly compete with entertainment at the Minnesota State Fair.

3.16    Sec. 4. LABOR AGREEMENTS AND COMPENSATION PLANS.
3.17    Subdivision 1. American Federation of State, County, and Municipal
3.18Employees, Council 5. The labor agreements between the state of Minnesota and the
3.19American Federation of State, County, and Municipal Employees, Council 5, approved
3.20by the Legislative Coordinating Commission Subcommittee on Employee Relations on
3.21August 28, 2007, is ratified.
3.22    Subd. 2. Minnesota Association of Professional Employees. The labor agreement
3.23between the state of Minnesota and the Minnesota Association of Professional Employees,
3.24approved by the Legislative Coordinating Commission Subcommittee on Employee
3.25Relations on August 28, 2007, is ratified.
3.26    Subd. 3. American Federation of State, County, and Municipal Employees,
3.27Council 5, Unit 8. The labor agreement between the state of Minnesota and the American
3.28Federation of State, County, and Municipal Employees, Council 5, Unit 8, approved
3.29by the Legislative Coordinating Commission Subcommittee on Employee Relations on
3.30August 28, 2007, is ratified.
3.31    Subd. 4. American Federation of State, County, and Municipal Employees,
3.32Council 5, Unit 225. The labor agreement between the state of Minnesota and the
3.33American Federation of State, County, and Municipal Employees, Council 5, Unit 225,
3.34approved by the Legislative Coordinating Commission Subcommittee on Employee
3.35Relations on December 17, 2007, is ratified.
4.1    Subd. 5. State Residential Schools Education Association. The labor agreement
4.2between the state of Minnesota and the State Residential Schools Education Association,
4.3approved by the Legislative Coordinating Commission Subcommittee on Employee
4.4Relations on December 17, 2007, is ratified.
4.5    Subd. 6. Minnesota Government Engineers Council. The labor agreement
4.6between the state of Minnesota and the Minnesota Government Engineers Council,
4.7approved by the Legislative Coordinating Commission Subcommittee on Employee
4.8Relations on December 17, 2007, is ratified.
4.9    Subd. 7. Middle Management Association. The labor agreement between the state
4.10of Minnesota and the Middle Management Association, approved by the Legislative
4.11Coordinating Commission Subcommittee on Employee Relations on December 17, 2007,
4.12is ratified.
4.13    Subd. 8. State Board of Investment. The salary administration plan for the
4.14Minnesota State Board of Investment, as amended and approved by the Legislative
4.15Coordinating Commission Subcommittee on Employee Relations on December 17, 2007,
4.16is ratified.
4.17    Subd. 9. Commissioner's plan. The commissioner of employee relations' plan for
4.18unrepresented employees, as amended and approved by the Legislative Coordinating
4.19Commission Subcommittee on Employee Relations on December 17, 2007, is ratified.
4.20    Subd. 10. Managerial plan. The managerial plan, as amended and approved by
4.21the Legislative Coordinating Commission Subcommittee on Employee Relations on
4.22December 17, 2007, is ratified.
4.23    Subd. 11. Minnesota Law Enforcement Association. The labor agreement
4.24between the state of Minnesota and the Minnesota Law Enforcement Association,
4.25recommended for approval by the Legislative Coordinating Commission Subcommittee
4.26on Employee Relations on March 14, 2008, is ratified.
4.27    Subd. 12. Inter Faculty Organization. The labor agreement between the state
4.28of Minnesota and the Inter Faculty Organization, recommended for approval by the
4.29Legislative Coordinating Commission Subcommittee on Employee Relations on March
4.3014, 2008, is ratified.
4.31    Subd. 13. MnSCU administrators. The personnel plan for Minnesota State College
4.32and University administrators, recommended for approval by the Legislative Coordinating
4.33Commission Subcommittee on Employee Relations on March 14, 2008, is ratified.
4.34    Subd. 14. Office of Higher Education. The compensation plan for unrepresented
4.35employees of the Office of Higher Education, recommended for approval by the
5.1Legislative Coordinating Commission Subcommittee on Employee Relations on March
5.214, 2008, is ratified.
5.3    Subd. 15. Minnesota State College Faculty. The labor agreement between the
5.4state of Minnesota and the Minnesota State College Faculty, recommended for approval
5.5by the Legislative Coordinating Commission Subcommittee on Employee Relations on
5.6March 27, 2008, is ratified.

5.7    Sec. 5. EFFECTIVE DATE.
5.8Sections 1 and 2 are effective January 1, 2009, and sections 3 and 4 are effective the
5.9day following final enactment.