Veterans Preference in Minnesota Public Employment
The Minnesota Veterans Preference Act (VPA) grants most veterans a limited preference over non-veterans in hiring and promotion for most Minnesota public employment positions, as granted in Minnesota Statutes 197.48, 43A.11, and 197.455. These statues may apply to certain spouses of veterans. The Minnesota VPA Statutes apply to Minnesota public employment, "civil service laws, charter provisions, ordinances, rules or regulations of a county, city , town, school district, or other municipality or political subdivision of this state."
For Minnesota VPA purposes, Minnesota Statute 197.447 provides the definition/eligibility requirements of "veteran." Minnesota Statute 197.46 grants most veterans protection against unfair dismissals and demotions from most Minnesota public positions, without first providing the veteran a VPA hearing. Spouses of veterans are not included. Minnesota Statute 197.46 exempts the following public positions, "Nothing in section 197.455 or this section (197.46) shall be construed to apply to the position of private secretary, superintendent of schools, or one chief deputy of any elected official or head of a department, or to any person holding a strictly confidential relation to the appointing officer."
General overview of 2009 Session changes that impact MN Veteran Preference Rights
Disclaimer: The following is intended for general information purposes only and should not be considered legal advice.
2009 legislation expanded veterans preference employment rights in MN public school teacher positions, as outlined in MN Stat.197.455 (points in hiring). School Districts are urged to review the MN Supreme Court Case of Hall vs City of Champlin, which found that public employers must adopt an employment application evaluation system “capable of being reduced to a 100 point scale.” Also these teachers are now entitled to veterans preference hearing rights to protect from unfair termination, demotion and/or layoffs, as outlined in MN Statutes 197.46 and 197.481. Veterans and certain spouses applying for local government positions continue to retain veterans preference employment rights (points in hiring). Also, veterans in local government positions retained protection rights from unfair dismissal, demotion and/or layoffs.
2009 legislation re-affirmed veteran preference employment rights (placement on top of hiring list) to veterans and certain spouses for state civil service positions. Also, every state agency must now interview the qualified top five recent active duty separated (served after 9/11/01) veteran applicants for every classified state civil service position. Also, 2009 legislation granted veterans in state civil service positions (who completed probation), the right to choose either a VPA hearing (granted by MN Statutes 197.46 and 197.481) or a collective bargaining agreement procedure. These rights may apply to MN public college positions, but not to the University of Minnesota positions, as U of M was found “not to be a political sub-division of state.”
Statues
For copies of the most current published VPA Statutes, please visit www.revisor.leg.state.mn.us
The Minnesota VPA Statutes do NOT have authority regarding veterans’ preference rights for U.S. Federal employment positions, including, but not limited to U.S. Postal positions. Questions regarding Veterans Preference rights relative to U.S. Federal positions should be directed to Mr. Kevin Nagel, the local U.S. Department of Labor’s Veterans’ Representative at (651) 259-7511 or e-mail Nagel.kevin@dol.gov.
Reference material
You may contact MDVA's Veterans Preference Representative at: (651) 757-1568. |
