Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 596-S.F.No. 2858
An act relating to counties; Hennepin; changing the
personnel system to a human resources system; making
other changes to the system; amending Minnesota
Statutes 1992, sections 383B.26; 383B.27; 383B.28;
383B.29; 383B.31; 383B.32, subdivisions 2, 3, and 4;
383B.34, subdivision 2; 383B.37, subdivision 1;
383B.38, subdivision 1; and 383B.39; repealing
Minnesota Statutes 1992, sections 383B.33, subdivision
1; 383B.38, subdivisions 2, 3, and 4; and 383B.40.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 383B.26, is
amended to read:
383B.26 [PERSONNEL HUMAN RESOURCES SYSTEM; PURPOSE.]
The purpose of sections 383B.26 to 383B.42 is to establish
a personnel human resources board and a personnel human
resources and employee relations department in the county of
Hennepin to promote and improve the economy and effectiveness of
the governmental departments under its jurisdiction by the
improvement of methods of personnel human resources
administration under the principles of a merit system of
personnel administration, which shall include a uniform system
of job classifications, uniform procedures and standards for
hiring, promotion and compensation administration.
Sec. 2. Minnesota Statutes 1992, section 383B.27, is
amended to read:
383B.27 [DEFINITION OF TERMS.]
Subdivision 1. For the purposes of sections 383B.26 to
383B.42 and rules promulgated under them, unless the context
clearly indicates that a different meaning is intended, the
terms defined in this section have the meanings given them.
Subd. 2. "Board" means the county personnel human
resources board.
Subd. 3. "Member" means a member of the county personnel
human resources board.
Subd. 4. "Director" means the director of the department
of personnel human resources and employee relations.
Subd. 5. "Personnel Human resources department" means
the personnel human resources director and the director's
employees engaged in the administration of sections 383B.26 to
383B.42.
Subd. 6. "County board" means the board of Hennepin county
commissioners.
Subd. 7. "Appointing authority" means an elected official,
the head of a bureau, department, division, board, commission,
person or group of persons who have the power by law, by
resolution of the county board or by lawfully delegated
authority to make appointments to positions in the county
service within the scope of sections 383B.26 to 383B.42.
Subd. 8. "Classified service" means the service which
includes all positions except those in the unclassified service
under sections 383B.26 to 383B.42.
Subd. 9. "Position" means a group of current duties and
responsibilities assigned or delegated by a supervisor an
appointing authority.
Subd. 10. "Class" means one or more positions sufficiently
similar with respect to duties and responsibilities that the
same descriptive title can be used with clarity to designate
each position; that similar general qualifications are needed
for the performance of the duties; that comparable selection
procedures may be used to recruit employees; and that the same
schedule of compensation shall be applied to all positions.
Subd. 11. "Allocation" means the assignment of an
individual position to a class on the basis of the kind,
difficulty and responsibility of the work performed in the
position.
Subd. 12. "Reallocation" means a change in allocation of
an individual position by raising it to a higher class, reducing
it to a lower class, or moving it to another class at the same
level, on the basis of significant changes in the kind,
difficulty or responsibility of the work performed in such
position.
Subd. 13. "Classification" means the grouping of positions
into classes with regard to duties and responsibilities.
Subd. 14. "Eligible" means the status of any person whose
name is on the layoff, reinstatement, promotional,
intern/trainee or original entrance open competitive list for a
given class.
Subd. 15. "Permanent employee" means an employee in the
classified service who has satisfactorily completed a
probationary period.
Subd. 16. "Probationary period" means that part of the
examining process following certification and appointment from a
list of certified candidates, to enable the appointing authority
to determine whether employees are fit and suitable for the
position to which they have been appointed, transferred, or
promoted. The appointing authority may discharge a newly
appointed employee during the probationary period without
specifying cause or granting a hearing, except as provided by
section 197.46. The appointing authority may, during the
probationary period, demote an employee appointed to a position
as a result of a promotion without specifying cause or granting
a hearing, except as provided by section 197.46. The employee
so demoted shall be returned to a position in the class
previously held by the affected employee. The appointing
authority may, during the probationary period, return a
transferred employee back to a position in the classification
and organizational unit the employee previously held without
specifying cause or granting a hearing, except as provided by
section 197.46. When an employee has been transferred from one
department to another and upon the request of the new appointing
authority the employee may be required to serve a probationary
period.
Subd. 17. "Classification plan" means a list of the
classes of positions in the classified service by their official
title.
Subd. 18. "Unclassified service" means those positions
which are exempted from the jurisdiction of the personnel human
resources board unless otherwise provided by sections 383B.26 to
383B.42.
Subd. 19. "Transfer" means a change by an employee from a
position in the same class to a different department, agency or
organizational unit or a change from a position in one class to
a position in another class of comparable level in another
department or in the same department.
Subd. 20. "Reassignment" means a change by an employee from
one position to another position in the same class in the same
organizational unit.
Sec. 3. Minnesota Statutes 1992, section 383B.28, is
amended to read:
383B.28 [PERSONNEL HUMAN RESOURCES BOARD.]
Subdivision 1. [ESTABLISHMENT.] The Hennepin county
personnel human resources board and personnel human resources
and employee relations department are created.
Subd. 2. [APPOINTMENT; TERMS.] (a) The county board shall
by majority vote appoint seven persons to serve for four-year
terms. Terms of office of persons who are members of the
personnel board as of August 11, 1980 shall continue in
accordance with the terms of their original appointment. As the
term of each member expires, the board of county commissioners
shall by majority vote fill the vacancy for a term of four years.
(b) The expiration date of all expiring terms shall be
January 2.
(c) Any vacancies shall be filled by majority vote of the
county board for the unexpired term.
(d) Each member shall take an oath of office before
assuming the duties of office.
(e) Each member shall hold office until a successor has
been appointed and qualified.
(f) No person shall be appointed or be a member of the
board while holding any public office or having filed as a
candidate for any office.
(g) No person shall be appointed or be a member of the
board while holding or within one year of holding employment
with Hennepin county or a position in a political party, except
as a political party delegate.
(h) Each member of the board shall be a resident of the
county and in the event the member becomes a nonresident, the
member thereby forfeits the office.
(i) A board member may be removed from office by the county
board for cause, after a copy of the charges has first been
given to the member and opportunity of being publicly heard
before the county board, upon not less than ten days written
notice. A majority vote of the county board shall be required
for removal.
Subd. 3. [COMPENSATION.] Compensation for members of
the personnel human resources board shall be set by the county
board. Members of the board shall be compensated at the rate
not to exceed $50 per day spent on board meetings and personnel
activities when authorized by the board to represent the board.
Expenses shall be allowed in the same manner and amount as
received by county employees.
Subd. 4. [ORGANIZATION.] The board shall organize by
electing one of its members as chair and one as vice-chair. The
director shall serve as secretary.
Subd. 5. [MEETINGS.] The board shall maintain records and
hold public meetings as required for the discharge of its duties.
Sec. 4. Minnesota Statutes 1992, section 383B.29, is
amended to read:
383B.29 [DUTIES OF THE PERSONNEL HUMAN RESOURCES BOARD.]
Subdivision 1. [BOARD PROCEEDINGS.] When any member of the
board is not present at the time a matter is submitted to the
board such matter shall be deemed submitted to each member of
the board with like effect as though each member of the board
had been present at the time of submission of such matter.
Whenever during the consideration of a matter which is before
the board, there is a change in the personnel of the board, the
matter shall be deemed submitted to the new member, or members,
as though said new member, or members, had been a member of the
board at the time of the submission of the matter.
No meetings of the board shall be held unless at least four
members are present. A majority vote of all members shall
constitute the decision of the board. The board shall keep
records and minutes of its business and official actions which
shall be open to public inspection subject to such reasonable
rules as to time and place of inspection as the board may
establish.
Subd. 2. [DUTIES.] The board shall:
(a) Establish rules for the classified service with the
assistance of the director. All rules and amendments proposed
by the board shall be subject to public hearing upon prior
notice to department heads, employees, affected labor
organizations, and the public, as the board may, by rule
prescribe. The rules as approved by the majority vote of the
board shall be submitted to the county board for approval or
rejection. When approved, by majority vote and in the form of a
written resolution, the rules shall have the force and effect of
law. The rules may be amended and repealed with the consent of
the county board in the same manner as provided for original
adoption. The rules shall provide for:
(1) the rejection of otherwise eligible candidates
applicants/candidates who fail to comply with the reasonable
requirements of the director.;
(2) examinations which shall be competitive and
standardized and which may consist of any one or a combination
of the following: written or oral tests of the subjective or
objective type, physical tests, practical or demonstration
tests, or evaluation of past training and experience. Oral
tests, either of the question and answer type or the interview
type may be used to test the candidates.;
(3) the creation of eligible lists upon which shall be
entered the names of successful candidates in the order of their
rank in the examination.;
(4) the appointment of eligible candidates who have
qualified through the examination process, or through a
qualifying selection process pursuant to section 383B.31, clause
(h), if the vacancy is not filled by recall from the layoff
list, demotion, transfer, or reinstatement. The seven 20
persons receiving the highest examination scores when available
shall be referred to department heads when a vacancy occurs,
with waiver in extreme or unique conditions subject to
six-sevenths approval of the board.;
(5) if two vacancies are to be filled by referral from an
examination eligible list, the names of two additional
candidates, when available, shall be certified and interviewed.
If the total number of vacancies is greater than two, nine names
plus two additional names for each vacancy over two will be
certified and interviewed from the examination eligible list. if
more than one vacancy is to be filled, additional names may be
added to the certification list in accordance with the rules
adopted under this subdivision;
(6) a period of probation during which period the
probationer may be discharged or demoted, without right of
appeal. The period of probation shall not exceed six months
unless changed by six-sevenths approval of the board due to
extreme or unique conditions.;
(7) seasonal, provisional, temporary and emergency
appointments. The appointments, except seasonal appointments,
shall not exceed six calendar months in any 12-month
period. Seasonal appointments shall not exceed nine calendar
months in any 12-month period;
(8) transfers from other merit systems public employers or
within county service; and reinstatement of persons who without
fault or delinquency on their part are separated from the
service or demoted.;
(9) promotion based upon competitive examinations and upon
promotional ratings. Whenever practicable vacancies shall be
filled by promotion.;
(10) suspensions without pay for no longer than 20 working
days for disciplinary purposes; for leaves of absence with or
without pay; for layoffs; for hours of employment; for vacations
and sick leave; severance pay, and other benefits and emoluments
as may improve the public service.;
(11) discharge or demotion of a permanent employee only
when the person has been presented with written charges and has
been allowed a hearing before the board pursuant to section
383B.38.; and
(12) the establishment of reasonable fees, not to exceed 50
percent of the actual cost, to be charged for the furnishing of
a copy of the record, including a transcript of any testimony,
of any hearing held before the board under sections 383B.26 to
383B.42, when the hearing is appealable to the district court.
(b) Provide a compensation plan for county employees not
represented by an exclusive bargaining representative to be
presented to the county board for approval.
(c) Make investigations either on petition of a citizen or
of its own motion concerning the enforcement and effect of
sections 383B.26 to 383B.42, and the rules thereunder.
(d) Hear and decide appeals within the jurisdiction of the
board, if there has been a preliminary showing to the board
attorney that a rule violation has occurred. Any such board
attorney ruling may be appealed to the board.
(e) Make an annual report to the county board on the
activities of the personnel department.
Subd. 3. [HEARING OFFICERS.] The board, with the
assistance of the director, shall utilize and prescribe the
duties of hearing officers, or contract with the office of
hearing examiners pursuant to section 14.55. When it is
determined that a hearing be held which requires a hearing
officer, the director will first ascertain the availability and
timeliness of scheduling the hearing through the office of
hearing examiners pursuant to section 15.052, subdivision 8
14.55. If it is determined that a prompt hearing is not readily
available through the office of hearing examiners, the board,
with the assistance of the director, may then utilize an
impartial hearing officer.
Sec. 5. Minnesota Statutes 1992, section 383B.31, is
amended to read:
383B.31 [DUTIES OF THE DIRECTOR.]
The director as administrator of the personnel human
resources and employee relations department shall cooperate with
and assist department heads and elected officials in providing
an effective personnel human resources program. The director
shall direct and supervise all of the personnel human resources
and employee relations department's administrative and technical
activities in addition to the duties imposed on the director in
sections 383B.26 to 383B.42. The director shall:
(a) Attend the meetings of the board, act as its secretary
and maintain its official records.
(b) Appoint the employees of the personnel human resources
and employee relations department in accordance with and subject
to the provisions of sections 383B.26 to 383B.42.
(c) Recommend rules and amendments to rules for the
administration of sections 383B.26 to 383B.42.
(d) Prepare, recommend and maintain a classification plan
which shall group all positions in the classified service into
classes, based on their duties and responsibilities. The
classification plan shall identify for each class a title, a
statement of duties, authority and responsibilities and
qualifications necessary for the satisfactory performance of the
duties of the position. The classification plan shall be
effective upon approval by the board and the county board.
Periodic job audits shall be made of positions for the purpose
of keeping the classification plan current with changes in work
assignments.
(e) Prepare a compensation plan for the classified service.
Compensation plans when approved by majority vote of the board
shall be recommended to the county board who may approve or
reject such plans or portions thereof.
(f) Establish programs for the training and education of
employees to improve the quality of services rendered.
(g) Except as provided in clauses (h) and (i), develop and
hold competitive examinations to determine the qualifications of
persons seeking employment in any class and to establish lists
of those passing such examinations.
(h) Develop a procedure and define the criteria for the
selection and referral of qualified applicants to fill positions
in routine, service classifications involving unskilled tasks or
in classifications which require state licensure or
certification to engage in the activity. The classifications
shall be authorized by the board and county board. Applicants
to fill vacancies in the classifications shall be exempt from
ranking and certification provided for in section 383B.29,
subdivision 2, clauses (a)(3), (4) and (5). The director shall
refer all qualified applicants to the appointing authority
having vacancies in the appropriate classifications.
(i) Establish alternative selection procedures to measure
the ability of persons whose handicaps are so severe that the
usual selection process cannot adequately predict job
performance. Alternative selection procedures may include an
on-the-job trial period not to exceed 640 hours to be paid or
not by mutual agreement between the person applying for the
position and the director. During the trial period, the
appointing authority will evaluate the applicant's ability to
perform the work required by the specification for the
classification. After evaluation, the appointing authority and
the director must verify and attest that the applicant, except
for compliance with the standard selection process, is able to
perform the work required for the position. If the appointing
authority and the director determine that the applicant is
qualified to perform the work required, the director shall
certify the name of the applicant to the appointing authority.
The probationary period for the job class shall commence at the
date of the hiring of the applicant following certification.
Alternative procedures established by the director for the
administration of this provision must be approved by the board.
(j) When a vacancy is to be filled, to certify to the
appointing authority upon requisition, the names of the persons
highest on the appropriate layoff list for the class. If there
is no layoff list, the director shall certify those on the
appropriate eligible list for the class. If there is no
eligible list, the director may authorize temporary appointment
pending establishment of an eligible list for the class.
(k) Maintain records necessary for the proper
administration of sections 383B.26 to 383B.42.
(l) Provide a system for checking payrolls and accounts for
the payment of compensation to employees in the classified and
unclassified service so as to enable the director, upon evidence
thereof, to certify or cause to be certified the persons whose
names appear thereon have been employed or on authorized leave
before payment may be lawfully made to such employees.
(m) Make investigations concerning the administration of
sections 383B.26 to 383B.42 and rules made thereunder.
(n) Make investigations and reports required by the board
or the county board and report thereon.
(o) Make an annual report to the county board and the human
resources board on the activities of the human resources
department.
Sec. 6. Minnesota Statutes 1992, section 383B.32,
subdivision 2, is amended to read:
Subd. 2. [UNCLASSIFIED SERVICE.] The unclassified service
comprises:
(a) Officers chosen by election or appointment to fill an
elective office.
(b) Members of boards and commissions appointed by the
county board.
(c) Physicians, medical residents, interns, and students in
training.
(d) Nonsalaried attending medical staff.
(e) Special deputies serving without pay.
(f) Seasonal, temporary, provisional, intermittent, and
emergency positions.
(g) Positions funded by specific governmental or
nongovernmental grants of intermittent or limited funding
duration.
(h) The head or principal administrative officer of a
bureau or department appointed pursuant to sections 383B.101 to
383B.103; or appointed by the county board; or appointed for a
term pursuant to statute. Notwithstanding any contrary
provision of other law, any person coming within this provision,
who, on August 11, 1980, is in the classified service, shall
remain in the classified service until vacating the position.
Thereafter, any appointment hereunder shall be in the
unclassified service.
(i) Chief deputy or principal assistant and secretary for
each elected official.
(j) Director of court services and chief municipal court
probation officer.
(k) Examiner of titles and deputy examiners.
(l) (k) Chief criminal deputy sheriff, a chief civil deputy
sheriff, and a chief administrative deputy sheriff.
(m) (l) Public defender.
(n) (m) Administrative assistant to the district court
administrator and court administrator of probate court.
(o) Court reporters and referees.
(p) (n) Temporary judicial appointments performing a
special function.
(q) (o) County medical examiner.
(r) Superintendent of the adult corrections facility.
(s) (p) Office staff appointed by the county administrator
pursuant to sections 383B.101 to 383B.103.
(t) (q) County administrator.
Sec. 7. Minnesota Statutes 1992, section 383B.32,
subdivision 3, is amended to read:
Subd. 3. [UNCLASSIFIED SERVICE, COMPENSATION.] The
director shall establish a compensation plan in accordance with
section 383B.31, clause (e) for those employees in the
unclassified service identified in subdivision 2, clauses (c),
(d), (f), (h), (i), (j), (k), (l), (m), (n), (o), (r) and
(s) (p).
Sec. 8. Minnesota Statutes 1992, section 383B.32,
subdivision 4, is amended to read:
Subd. 4. [UNCLASSIFIED SERVICE, TENURE, BENEFITS.] The
positions in the unclassified service enumerated in subdivision
2, clauses (c), (d), (h), (i), (j), (k), (l), (m), (n), (o),
(q), (r) and (s) (p) shall not have permanent tenure but shall
have all other benefits provided for in sections 383B.26 to
383B.42. The term of office of any position established by
another statute shall be as provided in it.
Sec. 9. Minnesota Statutes 1992, section 383B.34,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATIONS.] The director shall allocate
positions in the classified service to one of the classes within
the classification plan.
(a) When a position is established, the appointing
authority shall notify the director who shall allocate that
position to a class which will become effective immediately.
The appointing authority may request reconsideration from the
director in accordance with the rules of the board. The
director shall notify the appointing authority of any final
action.
(b) Whenever a position appears to be improperly allocated,
the director shall, with or without the written request of a
permanent employee or an appointing authority, investigate the
position. Following that investigation the director may either
reallocate the position or deny the request for reallocation.
Notice of the action shall be given to the appointing authority
and the affected employee. Unless otherwise provided in the
notice, the decision of the director shall be immediately
effective. The appointing authority or the affected employee
may file a request for reconsideration with the director in
accordance with the rules of the board. In all cases the burden
of proof shall be upon the person requesting the reallocation.
(c) Except as provided the incumbent of a position which
has been reallocated shall continue in the position only if the
incumbent is eligible for and actually appointed to the position
of the new class in accordance with the rules of the board
governing promotion, transfers and demotion. If the incumbent
is ineligible to continue in the position and the incumbent is
not transferred, promoted or demoted, the layoff provisions of
sections 383B.26 to 383B.42 shall apply. Personnel changes
required by the reallocation of positions shall be completed in
accordance with the rules of the board. Any permanent or
probationary employee whose position is reallocated may compete,
if qualified as defined in the minimum qualifications for the
class specification, in an examination held to fill the
reallocated position as provided in the rules of the board and
shall be considered for appointment if the employee passes the
examination, regardless of ranking.
(d) When a position is reallocated to a class in a lower
salary range, the director may give consideration to the
employee's service, qualifications, or other considerations in
determining whether the employee shall continue at the same rate
of pay. Thereafter, as long as the employee remains in the same
position, no salary increase shall be granted until the salary
range of the class exceeds the employee's present salary.
(e) The board shall review an allocation upon the written
request of the appointing authority or affected employee on the
grounds that the action of the director was not in accordance
with sections 383B.26 to 383B.42.
The director shall submit the record upon which the action
was taken. Thereafter the board may sustain, reverse, or modify
the action of the director, or request further evidence from the
parties. The appointing authority, subject to county board
approval, or any employee may petition the district court for a
review and determination of any alleged arbitrary or capricious
action on the part of the personnel human resources board
involving allocation.
Sec. 10. Minnesota Statutes 1992, section 383B.37,
subdivision 1, is amended to read:
Subdivision 1. No persons shall interfere with the rights
of any person in the examination process, or falsely mark,
grade, or report the examination or standing of any person
examined or aid in so doing, or furnish to any person, except in
answer to inquiries of the personnel human resources board, any
information for the purpose of changing the rating of any
person. No applicant or employee shall falsify an application
or record for the purpose of improving prospects for
employment. No person shall by means of threats or coercion
induce or attempt to induce any person holding a position in the
classified service to resign. A violation of this subdivision
is cause for dismissal, other discipline, or disqualification
from the classified service of the county. In addition to other
legal remedies, violations may be enjoined.
Sec. 11. Minnesota Statutes 1992, section 383B.38,
subdivision 1, is amended to read:
Subdivision 1. [SEPARATION.] No permanent employee in the
classified service shall be suspended, demoted, or discharged
except for just cause.
In case of any action under this section, the employee
shall, before the action is taken, be furnished with a written
statement, setting forth the reasons for the disciplinary
action. The employee shall be permitted five work days' time to
reply in writing or to meet with the appointing authority
department head or designee. A copy of the statement charging
the employee shall be filed with the director along with the
employee's reply, if any.
Subd. 1a. [APPEAL.] (a) Any permanent employee in the
classified service who is discharged, demoted or suspended
pursuant to rules promulgated hereunder, shall be notified by
the effective date of the action of the right to appeal as
provided for by the rules to the board chief administrative law
judge of the office of administrative hearings. Action of
the appointing authority department head shall be final if no
written notice of appeal is made to filed with the board chief
administrative law judge of the office of administrative
hearings and served upon the director and the department head
within 30 14 calendar days after the effective date of the
action.
(b) A permanent employee who elects to challenge a
discharge, demotion, or suspension through a grievance procedure
under a collective bargaining agreement under sections 179.35 to
179.39 or 179A.20 and 179A.21, may not also challenge the same
action through an appeal to the chief administrative law judge
of the office of administrative hearings. Except as provided by
section 197.46, a permanent employee may challenge a discharge
or demotion through either a grievance procedure under a
collective bargaining agreement, or an appeal to the chief
administrative law judge of the office of administrative
hearings, but not through both procedures.
(c) Within ten days of receipt of the employee's written
notice of appeal, the chief administrative law judge shall
assign an administrative law judge to hear the appeal. The
employee or department head or their attorney may, within ten
days after receipt of the notice of assignment, make and serve
on the other party and file with the office of administrative
hearings a notice to remove as provided in Rule 63.03 of the
Rules of Civil Procedure. Upon the filing of a notice to
remove, the chief administrative law judge shall assign another
administrative law judge to hear the appeal.
(d) The hearing shall be conducted under the contested case
provisions of chapter 14 and the procedural rules adopted by the
chief administrative law judge, except that Minnesota Rules,
part 1400.6700, subparts 2 and 3, do not apply and discovery is
limited to the exchange of relevant documentation, witness
lists, and proposed exhibits.
(e) If the administrative law judge finds, based on the
record, that the action appealed was not taken by the department
head for just cause, the employee shall be reinstated to the
position, or an equal position within the same department,
without loss of pay. If the administrative law judge finds that
just cause exists for the disciplinary action, it shall affirm
or uphold the action of the department head, or, if the employee
has asserted and the hearing record establishes extenuating
circumstances, the administrative law judge may reinstate the
employee, with full, partial, or no pay, or may modify the
department head's action by substituting a lesser disciplinary
action. The administrative law judge's order is the final
decision. The administrative law judge's order may be appealed
according to sections 14.63 to 14.68 by the employee, or by the
department head upon approval of the county board. Settlement
of the entire dispute by mutual agreement is encouraged at any
stage of the proceedings. Any settlement agreement is final and
binding when agreed to by all parties. If an appeal to the
office of administrative hearings has been made, the settlement
agreement shall be submitted to the administrative law judge.
Except as provided in collective bargaining agreements, the
operating department shall bear the costs of the administrative
law judge for hearings provided for in this section.
Sec. 12. Minnesota Statutes 1992, section 383B.39, is
amended to read:
383B.39 [VETERANS TO BE GIVEN PREFERENTIAL RATING.]
In all examinations veteran's preference shall be granted
to every person who is a veteran as defined in Minnesota
Statutes 1961, section 197.45 197.447. The provisions of
section 383B.40 shall apply to all veterans.
Sec. 13. [REPEALER.]
Minnesota Statutes 1992, sections 383B.33, subdivision 1;
383B.38, subdivisions 2, 3, and 4; and 383B.40, are repealed.
Presented to the governor May 5, 1994
Signed by the governor May 6, 1994, 11:55 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes