SF 2766

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/10/2023 09:16am

A bill for an act
relating to state government; modifying elected official's right to reinstatement to
a public position; amending Minnesota Statutes 2022, section 3.088, subdivision
2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 3.088, subdivision 2, is amended to read:

Subd. 2.

Reinstatement.

new text begin (a) new text end Except as provided in this section, upon the completion of
the last legislative day in each calendar year, or, in the case of an elected city, county, or
tribal council official, on the completion of the final day of the term to which the official
was elected, the officer or employee shall be reinstated in the public position held at the
time of entry into the legislature or taking city, county, or tribal council office, or be placed
in a public position of like seniority, status, and pay if it is available at the same salary which
would have been received if the leave had not been taken, upon the following conditions:

(1) that the position has not been abolished or that its term, if limited, has not expired;

(2) that the legislator makes a written application for reinstatement to the appointing
authority within 30 days after the last legislative day in a calendar year or, in the case of an
elected city, county, or tribal council official, within 30 days after the expiration of the
elected term; and

(3) that the request for reinstatement is made not later than deleted text begin ten years deleted text end new text begin one year new text end after the
granting of the leave.

Upon reinstatement, the officer or employee shall have the same rights with respect to
accrued and future seniority status, efficiency rating, vacation, insurance benefits, sick leave,
and other benefits as if actually employed during the time of the leave. No public employer
is required to compensate a reinstated employee or officer for time spent by that employee
or officer away from work for the employer and on the business of the state legislature
during the period between the first and last legislative day in each calendar year or on the
business of an elected city, county, or tribal council office. No officer or employee reinstated
shall be removed or discharged within one year after reinstatement except for cause and
after notice and hearing, but this does not extend a term of service limited by law.

new text begin (b) This subdivision does not apply if the legislator or elected official is charged with a
crime for action taken on leave or during employment following reinstatement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end