1.1                          A bill for an act 
  1.2             relating to state employment; modifying definitions; 
  1.3             redesigning administrative procedures for certain 
  1.4             pilot projects; amending Minnesota Statutes 1998, 
  1.5             sections 43A.02, subdivision 11; 43A.04, subdivision 
  1.6             4; 43A.07, subdivision 6; and 43A.08, subdivision 2a; 
  1.7             repealing Laws 1995, chapter 248, article 13, section 
  1.8             2, subdivision 8.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 43A.02, 
  1.11  subdivision 11, is amended to read: 
  1.12     Subd. 11.  [CLASS.] "Class" means one or more positions 
  1.13  sufficiently similar with respect to duties and responsibilities 
  1.14  that the same descriptive title may be used with clarity to 
  1.15  designate each position allocated to the class and that the same 
  1.16  general qualifications are needed for performance of the duties 
  1.17  of the class, ~~that the same tests of fitness may be used to~~ 
  1.18  ~~recruit employees,~~ and that the same schedule of pay can be 
  1.19  applied with equity to all positions in the class under the same 
  1.20  or substantially the same employment conditions.  
  1.21     Sec. 2.  Minnesota Statutes 1998, section 43A.04, 
  1.22  subdivision 4, is amended to read: 
  1.23     Subd. 4.  [ADMINISTRATIVE PROCEDURES.] The commissioner 
  1.24  shall develop administrative procedures, which are not subject 
  1.25  to the rulemaking provisions of the Administrative Procedure 
  1.26  Act, to effect provisions of chapter 43A which do not directly 
  1.27  affect the rights of or processes available to the general 
  2.1   public.  The commissioner may also adopt administrative 
  2.2   procedures, not subject to the Administrative Procedure Act, 
  2.3   which concern topics affecting the general public if those 
  2.4   procedures concern only the internal management of the 
  2.5   department or other agencies and if those elements of the topics 
  2.6   which affect the general public are the subject of department 
  2.7   rules.  
  2.8      Administrative procedures shall be reproduced and made 
  2.9   available for comment to agencies, employees, and appropriate 
  2.10  exclusive representatives certified pursuant to sections 179A.01 
  2.11  to 179A.25, for at least 15 days prior to implementation and 
  2.12  shall include but are not limited to: 
  2.13     (a) maintenance and administration of a plan of 
  2.14  classification for all positions in the classified service and 
  2.15  for comparisons of unclassified positions with positions in the 
  2.16  classified service; 
  2.17     (b) procedures for administration of collective bargaining 
  2.18  agreements and plans established pursuant to section 43A.18 
  2.19  concerning total compensation and the terms and conditions of 
  2.20  employment for employees; 
  2.21     (c) procedures for effecting all personnel actions internal 
  2.22  to the state service such as conduct of competitive promotional 
  2.23  examinations, ranking and certification of employees for 
  2.24  promotion, noncompetitive and qualifying appointments of 
  2.25  employees and leaves of absence; ~~and~~ 
  2.26     (d) maintenance and administration of employee performance 
  2.27  appraisal, training and other programs~~.~~; and 
  2.28     (e) procedures for pilots of the reengineered employee 
  2.29  selection process.  Employment provisions of this chapter, 
  2.30  associated personnel rules adopted under subdivision 3, and 
  2.31  administrative procedures established under clauses (a) and (c) 
  2.32  may be waived for the purposes of these pilots.  The pilots may 
  2.33  affect the rights of and processes available to members of the 
  2.34  general public seeking employment in the classified service.  
  2.35  The commissioner will provide public notice of any pilot 
  2.36  directly affecting the rights of and processes available to the 
  3.1   general public and make the administrative procedures available 
  3.2   for comment to the general public, agencies, employees, and 
  3.3   appropriate exclusive representatives certified pursuant to 
  3.4   sections 179A.01 to 179A.25 for at least 30 days prior to 
  3.5   implementation. 
  3.6      Sec. 3.  Minnesota Statutes 1998, section 43A.07, 
  3.7   subdivision 6, is amended to read: 
  3.8      Subd. 6.  [RIGHTS OF INCUMBENTS OF DECLASSIFIED POSITIONS.] 
  3.9   Except for just cause, an ~~employee~~ incumbent with permanent 
  3.10  status shall not be removed from a position which is 
  3.11  declassified for a period of one year following the 
  3.12  declassification.  An appointing authority may remove an 
  3.13  incumbent of a declassified position after one year with 30 
  3.14  days' prior notice.  At any time after the declassification, and 
  3.15  prior to the end of the 30-day notice period, if so requested, 
  3.16  the employee shall be appointed within the same agency to a 
  3.17  classified position comparable to the position that was 
  3.18  declassified or, if a comparable position is unavailable, to a 
  3.19  position in that agency comparable to that held immediately 
  3.20  prior to being appointed to the declassified position.  This 
  3.21  section applies only to the incumbent at the time the position 
  3.22  is declassified and not to employees subsequently appointed to 
  3.23  the declassified position.  
  3.24     Sec. 4.  Minnesota Statutes 1998, section 43A.08, 
  3.25  subdivision 2a, is amended to read: 
  3.26     Subd. 2a.  [TEMPORARY UNCLASSIFIED POSITIONS.] The 
  3.27  commissioner, upon request of an appointing authority, may 
  3.28  authorize the temporary designation of a position in the 
  3.29  unclassified service.  The commissioner may make this 
  3.30  authorization only for ~~professional, managerial or supervisory~~ 
  3.31  positions which are fully anticipated to be of limited 
  3.32  duration.  For positions other than professional, managerial, 
  3.33  and supervisory, the authorization shall not exceed one year 
  3.34  unless the position is covered by a collective bargaining 
  3.35  agreement or a plan established under section 43A.18 which 
  3.36  allows for a longer period.  In no case may the unclassified 
  4.1   designation exceed three years. 
  4.2      Sec. 5.  [REPEALER.] 
  4.3      Laws 1995, chapter 248, article 13, section 2, subdivision 
  4.4   8, is repealed. 
  4.5      Sec. 6.  [EFFECTIVE DATE.] 
  4.6      Sections 1, 2, 3, and 5 are effective the day following 
  4.7   final enactment.