Bill Text: MN HF3141 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Probation officer employment protections extended.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-17 - Introduction and first reading, referred to Labor, Workplace and Regulated Industries [HF3141 Detail]
Download: Minnesota-2013-HF3141-Introduced.html
1.2relating to public safety; extending employment protections to certain probation
1.3officers;amending Minnesota Statutes 2012, section 244.19, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 244.19, subdivision 1, is amended to read:
1.6 Subdivision 1. Appointment; joint services; state services. (a) If a county or group
1.7of counties has established a human services board pursuant to chapter 402, the district court
1.8may appoint one or more county probation officers as necessary to perform court services,
1.9and the human services board shall appoint persons as necessary to provide correctional
1.10services within the authority granted in chapter 402. In all counties of more than 200,000
1.11population, which have not organized pursuant to chapter 402, the district court shall
1.12appoint one or more persons of good character to serve as county probation officers during
1.13the pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
1.14probation services to district courts in one of the following ways:
1.15(1) the court, with the approval of the county boards, may appoint one or more
1.16salaried county probation officers to serve during the pleasure of the court;
1.17(2) when two or more counties offer probation services the district court through
1.18the county boards may appoint common salaried county probation officers to serve
1.19in the several counties;
1.20(3) a county or a district court may request the commissioner of corrections to
1.21furnish probation services in accordance with the provisions of this section, and the
1.22commissioner of corrections shall furnish such services to any county or court that fails to
1.23provide its own probation officer by one of the two procedures listed above;
2.1(4) if a county or district court providing probation services under clause (1) or (2)
2.2asks the commissioner of corrections or the legislative body for the state of Minnesota
2.3mandates the commissioner of corrections to furnish probation services to the district
2.4court, the probation officers and other employees displaced by the changeover shall be
2.5employed by the commissioner of corrections. Years of service in the county probation
2.6department are to be given full credit for future sick leave and vacation accrual purposes;
2.7(5) if a county or district court assumes and takes over correctional services presently
2.8provided by the commissioner, the state probation officers displaced by the changeover
2.9shall be employed by the county. Years of service in the Department of Corrections are to
2.10be given full credit for future sick leave and vacation accrual purposes; and
2.11(5) (6) all probation officers serving the juvenile courts on July 1, 1972, shall
2.12continue to serve in the county or counties they are now serving.
2.13(b) The commissioner of management and budget shall place employees transferred
2.14to state service under paragraph (a), clause (4), in the proper classifications in the
2.15classified service. Each employee is appointed without examination at no loss in salary
2.16or accrued vacation or sick leave benefits, but no additional accrual of vacation or
2.17sick leave benefits may occur until the employee's total accrued vacation or sick leave
2.18benefits fall below the maximum permitted by the state for the employee's position. An
2.19employee appointed under paragraph (a), clause (4), shall serve a probationary period of
2.20six months. After exhausting labor contract remedies, a noncertified employee may appeal
2.21for a hearing within ten days to the commissioner of management and budget, who may
2.22uphold the decision, extend the probation period, or certify the employee. The decision of
2.23the commissioner of management and budget is final. The state shall negotiate with the
2.24exclusive representative for the bargaining unit to which the employees are transferred
2.25regarding their seniority. For purposes of computing seniority among those employees
2.26transferring from one county unit only, a transferred employee retains the same seniority
2.27position as the employee had within that county's probation office.
2.28(c) A probation officer or other employee hired by a county under paragraph
2.29(a), clause (5), shall, to the extent possible and notwithstanding the provisions of any
2.30other law or ordinance to the contrary, be deemed a transfer in grade with all of the
2.31benefits enjoyed by that officer, employee, or agent while in the service of the state
2.32correctional service. Each employee is appointed without examination at no loss in
2.33salary or accrued vacation or sick leave benefits, but no additional accrual of vacation or
2.34sick leave benefits may occur until the employee's total accrued vacation or sick leave
2.35benefits fall below the maximum permitted by the county for the employee's position. An
2.36employee appointed under paragraph (a), clause (5), shall serve a probationary period of
3.1six months. The probation period may be extended. For purposes of computing seniority
3.2among those employees transferring from a commissioner of corrections unit only, a
3.3transferred employee retains the same seniority position as the employee had within that
3.4commissioner of corrections unit.
1.3officers;amending Minnesota Statutes 2012, section 244.19, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 244.19, subdivision 1, is amended to read:
1.6 Subdivision 1. Appointment; joint services; state services. (a) If a county or group
1.7of counties has established a human services board pursuant to chapter 402, the district court
1.8may appoint one or more county probation officers as necessary to perform court services,
1.9and the human services board shall appoint persons as necessary to provide correctional
1.10services within the authority granted in chapter 402. In all counties of more than 200,000
1.11population, which have not organized pursuant to chapter 402, the district court shall
1.12appoint one or more persons of good character to serve as county probation officers during
1.13the pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
1.14probation services to district courts in one of the following ways:
1.15(1) the court, with the approval of the county boards, may appoint one or more
1.16salaried county probation officers to serve during the pleasure of the court;
1.17(2) when two or more counties offer probation services the district court through
1.18the county boards may appoint common salaried county probation officers to serve
1.19in the several counties;
1.20(3) a county or a district court may request the commissioner of corrections to
1.21furnish probation services in accordance with the provisions of this section, and the
1.22commissioner of corrections shall furnish such services to any county or court that fails to
1.23provide its own probation officer by one of the two procedures listed above;
2.1(4) if a county or district court providing probation services under clause (1) or (2)
2.2asks the commissioner of corrections or the legislative body for the state of Minnesota
2.3mandates the commissioner of corrections to furnish probation services to the district
2.4court, the probation officers and other employees displaced by the changeover shall be
2.5employed by the commissioner of corrections. Years of service in the county probation
2.6department are to be given full credit for future sick leave and vacation accrual purposes;
2.7(5) if a county or district court assumes and takes over correctional services presently
2.8provided by the commissioner, the state probation officers displaced by the changeover
2.9shall be employed by the county. Years of service in the Department of Corrections are to
2.10be given full credit for future sick leave and vacation accrual purposes; and
2.11
2.12continue to serve in the county or counties they are now serving.
2.13(b) The commissioner of management and budget shall place employees transferred
2.14to state service under paragraph (a), clause (4), in the proper classifications in the
2.15classified service. Each employee is appointed without examination at no loss in salary
2.16or accrued vacation or sick leave benefits, but no additional accrual of vacation or
2.17sick leave benefits may occur until the employee's total accrued vacation or sick leave
2.18benefits fall below the maximum permitted by the state for the employee's position. An
2.19employee appointed under paragraph (a), clause (4), shall serve a probationary period of
2.20six months. After exhausting labor contract remedies, a noncertified employee may appeal
2.21for a hearing within ten days to the commissioner of management and budget, who may
2.22uphold the decision, extend the probation period, or certify the employee. The decision of
2.23the commissioner of management and budget is final. The state shall negotiate with the
2.24exclusive representative for the bargaining unit to which the employees are transferred
2.25regarding their seniority. For purposes of computing seniority among those employees
2.26transferring from one county unit only, a transferred employee retains the same seniority
2.27position as the employee had within that county's probation office.
2.28(c) A probation officer or other employee hired by a county under paragraph
2.29(a), clause (5), shall, to the extent possible and notwithstanding the provisions of any
2.30other law or ordinance to the contrary, be deemed a transfer in grade with all of the
2.31benefits enjoyed by that officer, employee, or agent while in the service of the state
2.32correctional service. Each employee is appointed without examination at no loss in
2.33salary or accrued vacation or sick leave benefits, but no additional accrual of vacation or
2.34sick leave benefits may occur until the employee's total accrued vacation or sick leave
2.35benefits fall below the maximum permitted by the county for the employee's position. An
2.36employee appointed under paragraph (a), clause (5), shall serve a probationary period of
3.1six months. The probation period may be extended. For purposes of computing seniority
3.2among those employees transferring from a commissioner of corrections unit only, a
3.3transferred employee retains the same seniority position as the employee had within that
3.4commissioner of corrections unit.
