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, new text begin sexual orientation, gender, identity, new text end national origin, marital status, new text begin familial
status, new text end 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 effects of
discrimination and support full and equal participation in the social and economic life in
the state. Heads of departments and agencies must provide training to managers and
supervisors that are responsible for hiring and evaluating employee performance regarding
bias that can be present in the hiring and performance evaluation processes.

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. 3.

Equitable compensation relationships.

It is the policy of this state deleted text begin to attemptdeleted text end
to establish equitable compensation relationships between female-dominated,
male-dominated, and balanced classes of employees in the executive branchnew text begin , and among
classes with higher than average representation of employees of color and classes with
higher than average representation of employees with disabilitiesnew text end . Compensation relationships
are equitable within the meaning of this subdivision when the primary consideration in
negotiating, establishing, recommending, and approving total compensation is comparability
of the value of the work in relationship to other deleted text begin positionsdeleted text end new text begin classificationsnew text end in the executive
branch.

Subd. 14.

deleted text begin Commissioner's plandeleted text end new text begin Nonrepresented employees compensation
plannew text end .

deleted text begin "Commissioner's plan"deleted text end new text begin "Nonrepresented employees compensation plan" new text end means the
plan required by section 3.855 regarding total compensation and terms and conditions of
employment, including grievance administration, for employees of the executive branch
who are not otherwise provided for in this chapter or other law.

Subdivision 1.

Statewide leadership.

(a) The commissioner is the chief personnel and
labor relations manager of the civil service in the executive branch.

Whenever any power or responsibility is given to the commissioner by any provision
of this chapter, unless otherwise expressly provided, the power or authority applies to all
employees of agencies in the executive branch and to employees in classified positions in
the Office of the Legislative Auditor, the Minnesota State Retirement System, the Public
Employees Retirement Association, and the Teacher's Retirement Association. Unless
otherwise provided by law, the power or authority does not apply to unclassified employees
in the legislative and judicial branches.

(b) The commissioner shall operate an information system from which personnel data,
as defined in section 13.43, concerning employees and applicants for positions in the
classified service can be retrieved.

The commissioner has access to all public and private personnel data kept by appointing
authorities that will aid in the discharge of the commissioner's duties.

(c) The commissioner may consider and investigate any matters concerned with the
administration of provisions of this chapter, and may order any remedial actions consistent
with law. The commissioner, at the request of an agency, shall provide assistance in employee
misconduct investigations. The commissioner shall have the right to assess from the
requesting agency, any costs incurred while assisting the agency in the employee misconduct
investigation. Money received by the commissioner under this paragraph is appropriated
to the commissioner for purposes of this paragraph.

(d) The commissioner may assess or establish and collect premiums from all state entities
to cover the costs of programs under deleted text begin sectionsdeleted text end new text begin sectionnew text end 15.46 deleted text begin and 176.603deleted 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 comment in
accessible digital formats under section 16E.03 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 deleted text begin are referred or nominate themselvesdeleted text end new text begin applynew text end , 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
represent