Ramsey County human resources personnel structure terminology update

A bill for an act

relating to local government; updating terminology related to Ramsey County

human resources personnel structure; adjusting certain positions to unclassified

service for consistency with other similar positions; repealing obsolete language;

making technical changes; amending Minnesota Statutes 2024, sections 383A.281,

subdivision 13; 383A.283, subdivisions 2, 3; 383A.284, subdivisions 1, 2, 3, 4, 5;

383A.285, subdivisions 2, 3, 4, 5, 10; 383A.286, subdivisions 2, 3; 383A.288,

subdivisions 5, 6; 383A.289, subdivisions 1, 3; 383A.291, subdivision 1a;

383A.292, subdivisions 1, 2; 383A.294, subdivision 6; 383A.295, subdivisions 1,

2; repealing Minnesota Statutes 2024, sections 383A.298; 383A.301.

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

Section 1.

Minnesota Statutes 2024, section 383A.281, subdivision 13, is amended to

read:

Subd. 13.

County personnel system.

"County personnel system" means all employees

in the departments or agencies of county government or joint city and county agencies which

receive their funding in whole or in part from the county board, including employees of
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the

following, but excluding other employees not subject to a county personnel system because

of state law
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:

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(a)
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(1)
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elected officials;

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(b)
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(2)
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the Saint Paul-Ramsey Medical Center Commission; and

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(c)
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(3)
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the
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court administrator of district court;
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Examiner of Titles.
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but not including:

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(1) district court judges;

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(2) court reporters, law clerks, referees employed by the district court, and the Second

Judicial District administrator's office;

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(3) court commissioners;

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(4) the public defender;

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(5) employees of the Examiner of Titles, Agricultural Extension Service, Humane Society,

Historical Society, and Soil and Water Conservation District; and

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(6) other employees not subject to a county personnel system because of state law.

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Sec. 2.

Minnesota Statutes 2024, section 383A.283, subdivision 2, is amended to read:

Subd. 2.

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Director
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Chief human resources officer
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.

The
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director
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chief human resources

officer
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shall be appointed by the Ramsey County
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executive director
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county manager
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, on

the basis of merit and fitness as a result of a competitive examination, subject to the approval

of the county board. The
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director
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chief human resources officer
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shall be in the
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classified
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unclassified
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service
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and shall report directly to and be supervised by the Ramsey County

executive director
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.

Sec. 3.

Minnesota Statutes 2024, section 383A.283, subdivision 3, is amended to read:

Subd. 3.

Responsibilities.

The
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chief
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human resources
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director
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officer
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shall provide

personnel management services and assistance to all county departments, enforce any

personnel rules and regulations adopted by the county board, and carry out the responsibilities

set forth in sections
383A.281
to
383A.301
.

Sec. 4.

Minnesota Statutes 2024, section 383A.284, subdivision 1, is amended to read:

Subdivision 1.

Rulemaking.

The
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chief
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human resources
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director
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officer
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shall prepare

rules to implement the provisions of sections
383A.281
to
383A.301
. The rules shall be

effective upon approval by the county board. Prior to approval, the county board shall hold

a public hearing on the proposed rules after giving notice to county departments, employees,

affected labor organizations, and the public. The rules approved by the county board shall

have the force and effect of law. The rules may be amended or repealed in the same manner

as originally adopted.

Sec. 5.

Minnesota Statutes 2024, section 383A.284, subdivision 2, is amended to read:

Subd. 2.

Collective bargaining.

The
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executive director
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county manager
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or the
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director's
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county manager's
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designee shall be the chief labor negotiator for the county. The
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executive

director
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county manager
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may, as necessary and at discretion, include department heads of

affected departments in the labor negotiation process. The
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executive director
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county manager
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shall recommend to the county board for its final approval all collective bargaining

agreements. To the extent they are covered by a collective bargaining agreement, the

compensation, term, and conditions of employment for all employees represented by an

exclusive representative certified pursuant to chapter 179A shall be governed by the collective

bargaining agreement executed by the county board and the parties and it shall supersede

any rule or administrative procedure adopted pursuant to sections
383A.281
to
383A.301
,

unless a provision of the agreement is found to violate other state or federal law.

Sec. 6.

Minnesota Statutes 2024, section 383A.284, subdivision 3, is amended to read:

Subd. 3.

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Payroll voucher certification
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Payrolls approved
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.

The
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director of
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chief
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human

resources
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officer
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or the
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director's
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officer's
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authorized agent shall be responsible for
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certification of the payroll vouchers that the
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payment of salary or compensation of
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persons
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named in them have been
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appointed and employed in accordance with the provisions of

sections
383A.281
to
383A.301
and the rules under sections
383A.281
to
383A.301
.
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No

Ramsey County disbursing or auditing
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The chief human resources
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officer
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or the officer's

authorized agent
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shall
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make or approve or take part in making or approving payment for

personal service to
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not certify a payroll item for
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a person holding a position in county service

unless the
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payroll voucher or account for the amount bears the certification of the director

or the authorized agent
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person has been appointed and employed in accordance with the

provisions of sections 383A.281 to 383.301 and the rules under sections 383A.281 to

383A.301
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.

Sec. 7.

Minnesota Statutes 2024, section 383A.284, subdivision 4, is amended to read:

Subd. 4.

Evaluation; report.

The county board shall establish performance indicators

and annually monitor the performance of the personnel management system in the county.

The
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chief
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human resources
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director
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officer
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shall periodically review and evaluate current

and future staff needs of all county departments, job classes and descriptions, training and

development, and internal and market comparability of all classification and salary schedules

and report to the county board on these and other personnel management areas, as requested.

Sec. 8.

Minnesota Statutes 2024, section 383A.284, subdivision 5, is amended to read:

Subd. 5.

Review appointments.

Prior to each new appointment to the county personnel

system, the
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chief
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human resources
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director
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officer
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shall certify that the person has been

appointed in accordance with sections
383A.281
to
383A.301
and applicable rules and

regulations.

Sec. 9.

Minnesota Statutes 2024, section 383A.285, subdivision 2, is amended to read:

Subd. 2.

Classification plan.

The
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chief
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human resources
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director
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officer
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shall maintain,

revise, and administer a classification and salary plan.

Sec. 10.

Minnesota Statutes 2024, section 383A.285, subdivision 3, is amended to read:

Subd. 3.

Classification of positions.

The
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chief
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human resources
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director
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officer
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shall

place each position in the classified service in an appropriate class in the classification plan

or in a new class to be created, if appropriate. If a class is unique to a department, the
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chief
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human resources
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director
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officer
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shall consult the head of that department before classifying

the unique positions.

Sec. 11.

Minnesota Statutes 2024, section 383A.285, subdivision 4, is amended to read:

Subd. 4.

Appeal from classification or reclassification.

An appointing authority or an

employee affected by a classification or reclassification of a position may protest the action

in writing to the human resources director. The
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chief
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human resources
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director
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officer
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shall

review the classification or reclassification and may change the decision. Neither the

appointing authority nor the employee shall have any further right to appeal a decision

regarding a classification or reclassification to the Personnel Review Board.

Sec. 12.

Minnesota Statutes 2024, section 383A.285, subdivision 5, is amended to read:

Subd. 5.

Study; implementation.

The
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chief
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human resources
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director
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officer
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shall

complete a reclassification study within 60 days after receiving a reclassification request.

The appointing authority shall implement the personnel changes required by the

reclassification decision in a timely manner and qualifications for reclassified positions

shall be reasonably commensurate with the requirements of the position.

Sec. 13.

Minnesota Statutes 2024, section 383A.285, subdivision 10, is amended to read:

Subd. 10.

Unclassifying positions.

An employee in the classified service with permanent

tenure, who is an incumbent of a position which becomes unclassified and is not appointed

to or is removed from the unclassified position, shall be transferred by the
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chief
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human

resources
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director
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officer
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to a classified position within the same department comparable

to the unclassified position. If a comparable position is unavailable, the person shall be

transferred by the
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director
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chief human resources officer
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to a classified position comparable

to that held immediately prior to being appointed to the position which was unclassified. If

the employee held an unclassified position with the same agency before being appointed to

the classified position that is unclassified, the person shall be transferred by the
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director
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chief human resources officer
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to a classified position comparable to the classified position

next in rank below the position that is unclassified. The employee's salary shall not be less

than it was in the position which was unclassified, but it may be frozen until it is

commensurate with the class and grade of the position to which the employee was transferred.

Sec. 14.

Minnesota Statutes 2024, section 383A.286, subdivision 2, is amended to read:

Subd. 2.

Unclassified positions.

The following positions shall be in the unclassified

service:

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(a)
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(1)
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positions held by elected officials or persons appointed to fill an elected office;

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(b) one assistant
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(2) assistants
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for each elected official;

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(c)
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(3)
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the director or principal administrative officer of a department of county

government or agency created by law
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, except that the affirmative action officer, human

resources director, internal auditor, and director of budgeting and accounting shall be

positions in the classified service
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;

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(d) doctors, residents, and student nurses employed by the county or county agency;

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(e)
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(4)
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members of a board or commission appointed by the county, or the county and

the city, and acting in an advisory capacity;

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(f)
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(5)
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weed inspectors
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, election judges, or election clerks
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;

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(g) special police officers or special deputy sheriffs serving without pay;

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(h) judges, court administrators, court reporters, receivers, referees, the examiner or

assistant examiners of titles, public defenders, arbiters, jurors, court administrator of district

court, or persons appointed by the district court to make or conduct a special inquiry of a

judicial or temporary character;

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(i)
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(6)
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all positions in the Second Judicial District administrator's office;

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(j)
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(7)
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the
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executive director
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county manager
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and
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eight
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principal assistants;

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(k) the chief executive officer of the medical center and seven principal assistants;

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(l) interns, student workers, law clerks, or other employees employed for a limited

duration as determined by the county board;

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(m)
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(8)
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positions designated by the county board as unclassified pursuant to subdivision

3;

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(n)
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(9)
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the sheriff, the sheriff's chief deputy,
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three
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principal assistants, and
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a
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personal
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secretary
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secretaries
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; and

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(o)
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(10)
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the county attorney, the county attorney's first assistant,
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one
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principal
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assistant
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assistants
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, and
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a
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personal
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secretary
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secretaries
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.

Sec. 15.

Minnesota Statutes 2024, section 383A.286, subdivision 3, is amended to read:

Subd. 3.

Unclassified positions authorized by county board.

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(a)
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The county board

may designate additional positions in the unclassified service if the following criteria are

met:

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(a)
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(1)
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designation of the position is not contrary to the provisions of other law relating

specifically to that department;

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(b)
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(2)
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the person occupying the position of supervisor or a department assistant would

report directly to the department head and would be designated as part of the department

head's management team; and

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(c)
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(3)
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the duties of the position involve significant discretion and substantial involvement

in the development, interpretation, and implementation of department policy.

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(b)
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The
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chief
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human resources
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director
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officer
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shall certify whether the designation is

consistent or inconsistent with the standards and criteria in this section. The county board

may appeal certification decisions to the Personnel Review Board.

Sec. 16.

Minnesota Statutes 2024, section 383A.288, subdivision 5, is amended to read:

Subd. 5.

Waiver of competitive examinations.

The
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chief
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human resources
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director
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officer
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shall establish a procedure and a definition of the criteria for the selection and referral

of qualified applicants to fill positions in routine service classifications involving unskilled

tasks. Applicants to fill vacancies in the classifications shall be exempt from ranking and

certification. The
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director
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chief human resources officer
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shall refer all qualified applicants

to the appointing authority having vacancies in the appropriate classifications.

Sec. 17.

Minnesota Statutes 2024, section 383A.288, subdivision 6, is amended to read:

Subd. 6.

Classified managerial positions.

The
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chief
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human resources
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director
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officer
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shall establish criteria for the designation of positions in the classified service as managerial

positions where the duties involve significant discretion and substantial involvement in the

development, interpretation, and implementation of departmental and county policy. The
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chief
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human resources
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director
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officer
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shall designate those classified positions that meet

these criteria in consultation with interested parties, including bargaining units certified

pursuant to chapter 179A representing Ramsey County employees. Classified positions, so

designated, shall be exempt from the examination and certification requirements of this

section, and the provisions of section
383A.289
, and shall be filled by means of an open

application and screening process.

Sec. 18.

Minnesota Statutes 2024, section 383A.289, subdivision 1, is amended to read:

Subdivision 1.

General.

The
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chief
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human resources
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director
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officer
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shall prepare eligible

lists as provided in this section.

Sec. 19.

Minnesota Statutes 2024, section 383A.289, subdivision 3, is amended to read:

Subd. 3.

Term of eligibility.

The term of eligibility of eligibles on lists shall be

determined by the
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chief
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human resources
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director
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officer
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.

Sec. 20.

Minnesota Statutes 2024, section 383A.291, subdivision 1a, is amended to read:

Subd. 1a.

Under county rules.

Upon request of the appointing authority, the
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chief
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human

resources
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director
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officer
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shall certify eligibles in accordance with rules adopted under

section
383A.284, subdivision 1
.

Sec. 21.

Minnesota Statutes 2024, section 383A.292, subdivision 1, is amended to read:

Subdivision 1.

Temporary appointments.

The
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chief
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human resources
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director
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officer
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may authorize the appointing authority to make a temporary appointment of not more than

six months in any 12-month period. When practicable, the human resources director may

certify any qualified eligible from an eligible list for the temporary appointment, but may

authorize the appointment of any person deemed qualified by the appointing authority.

Sec. 22.

Minnesota Statutes 2024, section 383A.292, subdivision 2, is amended to read:

Subd. 2.

Provisional appointments.

The
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chief
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human resources
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director
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officer
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may

authorize the appointing authority to make a provisional appointment for a position for

which there is no eligible list for a period of time determined by the human resources director

not to exceed six months.

Sec. 23.

Minnesota Statutes 2024, section 383A.294, subdivision 6, is amended to read:

Subd. 6.

Production of documents.

The
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chief
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human resources
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director
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officer
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may

make a written request to an employee to produce relevant documents or to a person to

appear for the purpose of giving relevant oral statements or testimony relating to a

disciplinary action of an employee. An employee who is the subject of a disciplinary action

may make a written request to the
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chief
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human resources
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director
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officer
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for the production

of relevant documents or for the appearance of a person to give relevant oral statements or

testimony relating to the disciplinary action. The request for the appearance of a person

may be to appear and testify at a hearing of the Personnel Review Board or to appear at a

specified place to give an oral statement prior to a hearing of the Personnel Review Board.

The
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chief
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human resources
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director
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officer
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, or the employee upon receipt of a request for

production of relevant documents, shall furnish the requesting party the documents within

ten days of receipt of the written request. A person to whom a request for an appearance

has been made shall appear at the time and place designated in the request. If a party to

whom a request for relevant documents has been made fails to furnish the documents to the

requesting party within ten days of receipt of the request, the requesting party may make

an application to the district court for a determination that the refusal to produce the

documents was unreasonable. If a person to whom a request for appearance has been made

fails to appear at the time and place designated in the request, the party making the request

for appearance may make an application to the district court for a determination that the

failure to appear was unreasonable. If the district court determines that a failure to produce

requested documents or to appear was unreasonable, it may assess costs not exceeding $100

to the requesting party against the refusing party or person.

Sec. 24.

Minnesota Statutes 2024, section 383A.295, subdivision 1, is amended to read:

Subdivision 1.

Benefits.

The
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chief
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human resources
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director
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officer
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shall have the

authority to set hours of employment, sick leave, vacation leave, leave of absence without

pay, health insurance, life insurance, and other fringe benefits for employees in the classified

and unclassified service subject to the approval of the county board and in accordance with

the law.

Sec. 25.

Minnesota Statutes 2024, section 383A.295, subdivision 2, is amended to read:

Subd. 2.

Layoffs.

The
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chief
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human resources
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director
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officer
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shall adopt rules and

regulations providing for the layoff and reemployment of employees on the basis of the

employee's seniority.

Sec. 26.
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REPEALER.
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Minnesota Statutes 2024, sections 383A.298; and 383A.301,

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are repealed.

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Sec. 27.
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EFFECTIVE DATE.
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This act is effective the day after the Ramsey County Board of Commissioners and the

county's chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions

2 and 3.

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APPENDIX

Repealed Minnesota Statutes: 26-07690

383A.298 TRANSITIONAL PROVISIONS.

All employees of the Civil Service Department shall be transferred to the Human Resources Department. All members of the Civil Service Commission shall be members of the Personnel Review Board and serve until their current term expires and a successor is appointed.

383A.301 STATUS OF PRESENT EMPLOYEES.

Each person holding a position with the county of Ramsey who has acquired permanent tenure or who was serving a probationary period on the effective date of sections
383A.281
to
383A.301
retains the position, seniority date, and accrued benefits.