Bill Text: MN HF2495 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Veterans removal hearing board appointment procedure modified.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-30 - HF indefinitely postponed [HF2495 Detail]
Download: Minnesota-2011-HF2495-Engrossed.html
1.2relating to veterans; veterans preference; modifying appointment procedure for
1.3removal hearing board;amending Minnesota Statutes 2010, section 197.46.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 197.46, is amended to read:
1.6197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
1.7OF MANDAMUS.
1.8Any person whose rights may be in any way prejudiced contrary to any of the
1.9provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
1.10No person holding a position by appointment or employment in the several counties,
1.11cities, towns, school districts and all other political subdivisions in the state, who is a
1.12veteran separated from the military service under honorable conditions, shall be removed
1.13from such position or employment except for incompetency or misconduct shown after a
1.14hearing, upon due notice, upon stated charges, in writing.
1.15Any veteran who has been notified of the intent to discharge the veteran from an
1.16appointed position or employment pursuant to this section shall be notified in writing of
1.17such intent to discharge and of the veteran's right to request a hearing within 60 days of
1.18receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
1.19within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
1.20failure shall also waive all other available legal remedies for reinstatement.
1.21Request for a hearing concerning such a discharge shall be made in writing and
1.22submitted by mail or personal service to the employment office of the concerned employer
1.23or other appropriate office or person.
2.1In all governmental subdivisions having an established civil service board or
2.2commission, or merit system authority, such hearing for removal or discharge shall be
2.3held before such civil service board or commission or merit system authority. Where no
2.4such civil service board or commission or merit system authority exists, such hearing
2.5shall be held by a board of three persons appointed as follows: one by the governmental
2.6subdivision, one by the veteran, and the third by the two so selected. In the event that
2.7the hearing is authorized to be held before a three-person board, the governmental
2.8subdivision's notice of intent to discharge shall state that the veteran must respond within
2.960 days of receipt of the notice of intent to discharge, and provide in writing to the
2.10governmental subdivision the name, United States mailing address, and telephone number
2.11of the veteran's selected representative for the three-person board. The failure of a veteran
2.12to submit the name, address, and telephone number of the veteran's selected representative
2.13to the governmental subdivision by mail or by personal service within the provided
2.14notice's 60-day period, shall constitute a waiver of the veteran's right to the hearing and all
2.15other legal remedies available for reinstatement of the veteran's employment position. In
2.16the event the two personsso selected by the veteran and governmental subdivision do not
2.17appoint the third person within ten days after the appointment of the last of the two, then
2.18the judge of the district court of the county wherein the proceeding is pending, or if there
2.19be more than one judge in said county then any judge in chambers, shall have jurisdiction
2.20to appoint, and upon application of either or both of the two so selected shall appoint, the
2.21third person to the board and the person so appointed by the judge with the two first
2.22selected shall constitute the board.The veteran Either the veteran or the governmental
2.23subdivision may appeal from the decision of the board upon the charges to the district
2.24court by causing written notice of appeal, stating the grounds thereof, to be served upon
2.25thegovernmental subdivision or officer making the charges other party within 15 days
2.26after notice of the decision and by filing the original notice of appeal with proof of service
2.27thereof in the office of the court administrator of the district court within ten days after
2.28service thereof. Nothing in section197.455 or this section shall be construed to apply to
2.29the position of private secretary, superintendent of schools, or one chief deputy of any
2.30elected official or head of a department, or to any person holding a strictly confidential
2.31relation to the appointing officer. Nothing in this section shall be construed to apply to
2.32the position of teacher. The burden of establishing such relationship shall be upon the
2.33appointing officer in all proceedings and actions relating thereto.
2.34All officers, boards, commissions, and employees shall conform to, comply with,
2.35and aid in all proper ways in carrying into effect the provisions of section197.455 and this
3.1section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
3.2Any willful violation of such sections by officers, officials, or employees is a misdemeanor.
1.3removal hearing board;amending Minnesota Statutes 2010, section 197.46.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 197.46, is amended to read:
1.6197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
1.7OF MANDAMUS.
1.8Any person whose rights may be in any way prejudiced contrary to any of the
1.9provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
1.10No person holding a position by appointment or employment in the several counties,
1.11cities, towns, school districts and all other political subdivisions in the state, who is a
1.12veteran separated from the military service under honorable conditions, shall be removed
1.13from such position or employment except for incompetency or misconduct shown after a
1.14hearing, upon due notice, upon stated charges, in writing.
1.15Any veteran who has been notified of the intent to discharge the veteran from an
1.16appointed position or employment pursuant to this section shall be notified in writing of
1.17such intent to discharge and of the veteran's right to request a hearing within 60 days of
1.18receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
1.19within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
1.20failure shall also waive all other available legal remedies for reinstatement.
1.21Request for a hearing concerning such a discharge shall be made in writing and
1.22submitted by mail or personal service to the employment office of the concerned employer
1.23or other appropriate office or person.
2.1In all governmental subdivisions having an established civil service board or
2.2commission, or merit system authority, such hearing for removal or discharge shall be
2.3held before such civil service board or commission or merit system authority. Where no
2.4such civil service board or commission or merit system authority exists, such hearing
2.5shall be held by a board of three persons appointed as follows: one by the governmental
2.6subdivision, one by the veteran, and the third by the two so selected. In the event that
2.7the hearing is authorized to be held before a three-person board, the governmental
2.8subdivision's notice of intent to discharge shall state that the veteran must respond within
2.960 days of receipt of the notice of intent to discharge, and provide in writing to the
2.10governmental subdivision the name, United States mailing address, and telephone number
2.11of the veteran's selected representative for the three-person board. The failure of a veteran
2.12to submit the name, address, and telephone number of the veteran's selected representative
2.13to the governmental subdivision by mail or by personal service within the provided
2.14notice's 60-day period, shall constitute a waiver of the veteran's right to the hearing and all
2.15other legal remedies available for reinstatement of the veteran's employment position. In
2.16the event the two persons
2.17appoint the third person within ten days after the appointment of the last of the two, then
2.18the judge of the district court of the county wherein the proceeding is pending, or if there
2.19be more than one judge in said county then any judge in chambers, shall have jurisdiction
2.20to appoint, and upon application of either or both of the two so selected shall appoint, the
2.21third person to the board and the person so appointed by the judge with the two first
2.22selected shall constitute the board.
2.23subdivision may appeal from the decision of the board upon the charges to the district
2.24court by causing written notice of appeal, stating the grounds thereof, to be served upon
2.25the
2.26after notice of the decision and by filing the original notice of appeal with proof of service
2.27thereof in the office of the court administrator of the district court within ten days after
2.28service thereof. Nothing in section
2.29the position of private secretary, superintendent of schools, or one chief deputy of any
2.30elected official or head of a department, or to any person holding a strictly confidential
2.31relation to the appointing officer. Nothing in this section shall be construed to apply to
2.32the position of teacher. The burden of establishing such relationship shall be upon the
2.33appointing officer in all proceedings and actions relating thereto.
2.34All officers, boards, commissions, and employees shall conform to, comply with,
2.35and aid in all proper ways in carrying into effect the provisions of section
3.1section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
3.2Any willful violation of such sections by officers, officials, or employees is a misdemeanor.
