Subd. 2.

Precedence of merit principles and nondiscrimination.

It is the policy of
this state to provide for equal employment opportunity consistent with chapter 363A by
ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with regard to public assistance, or
political affiliation. It is the policy of this state to take affirmative action to eliminate the
underutilization of qualified members of protected groups in the civil service, where such
action is not in conflict with other provisions of this chapter or chapter 179, in order to
correct imbalances and eliminate the deleted text beginpresentdeleted text end effects of deleted text beginpastdeleted text endnew text begin systemicnew text end discriminationnew text begin and
support full and equal participation in the social and economic life in the state. Managers
and supervisors that are responsible for hiring must be made aware of bias that can be present
in the hiring processnew text end.

No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
expressly permitted in those sections.

Subd. 1a.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities of
other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government;

new text begin (5) ensure that all technology utilized is accessible and provided in a timely manner as
described in sections 363A.42 and 363A.43 and the accessibility standards under section
16E.03, subdivisions 2, clause (3), and 9;
new text end

deleted text begin (5)deleted text endnew text begin (6)new text end utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

deleted text begin (6)deleted text endnew text begin (7)new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; and

deleted text begin (7)deleted text endnew text begin (8)new text end recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) endeavor to use equitable and inclusive practices to attract and recruit protected class
employees; actively eliminate discrimination against protected group employees; and ensure
equitable access to development and training, advancement, and promotional opportunities.
new text end

Subd. 4.

Administrative procedures.

The commissioner shall develop administrative
procedures, which are not subject to the rulemaking provisions of the Administrative
Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
of or processes available to the general public. The commissioner may also adopt
administrative procedures, not subject to the Administrative Procedure Act, which concern
topics affecting the general public if those procedures concern only the internal management
of the department or other agencies and if those elements of the topics which affect the
general public are the subject of department rules.

Administrative procedures shall be reproduced and made available for commentnew text begin in
accessible digital formats under section 16E.03new text end to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
days prior to implementation and shall include but are not limited to:

(1) maintenance and administration of a plan of classification for all positions in the
classified service and for comparisons of unclassified positions with positions in the classified
service;

(2) procedures for administration of collective bargaining agreements and plans
established pursuant to section 43A.18 concerning total compensation and the terms and
conditions of employment for employees;

(3) procedures for effecting all personnel actions internal to the state service such as
processes and requirements for agencies to publicize job openings and consider applicants
who are referred or nominate themselves, conduct of selection procedures limited to
employees, noncompetitive and qualifying appointments of employees and leaves of absence;

(4) maintenance and administration of employee performance appraisal, training and
other programs; and

(5) procedures for pilots of the reengineered employee selection process. Employment
provisions of this chapter, associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (1) and (3) may be waived for the
purposes of these pilots. The pilots may affect the rights of and processes available to
members of the general public seeking employment in the classified service. The
commissioner will provide public notice of any pilot directly affecting the rights of and
processes available to the general public and make the administrative procedures available
for comment to the general public, agencies, employees, and appropriate exclusive
representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
to implementation.new text begin The public notice must be provided in an accessible digital format under
section 16E.03. The process for providing comment shall include multiple formats to ensure
equal access, including via telephone, digital content, and e-mail.
new text end

Subd. 7.

Reporting.

The commissioner shall issue a written report by February 1 and
August 1 of each year to the chair of the Legislative Coordinating Commission. The report
must list the number of appointments made under each of the categories in section 43A.15,
the number made to the classified service other than under section 43A.15, and the number
made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
and December 31, respecti