Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Scope.
If a jurisdiction disagrees with the department's compliance
decision or with the time provided by the department to achieve compliance, it
may request reconsideration of the decision. As the result of a
reconsideration, the department must decide, based on the written information
described in subparts
7 to
9:
A. that its original noncompliance decision
and date for achieving compliance were correct;
B. that the original noncompliance decision
was incorrect and the jurisdiction is in compliance; or
C. that the original noncompliance decision
was correct but that more time will be provided for the jurisdiction to achieve
compliance.
Subp. 2.
Initiating a reconsideration request.
To initiate a reconsideration request, the jurisdiction must
give written notice to the department. The reconsideration request must be
submitted within 30 days after the date of the noncompliance notice sent by the
department.
Subp. 3.
Submitting information.
The jurisdiction must submit written information to support
the request within 60 days after the date of the noncompliance notice sent by
the department.
A. A jurisdiction
requesting reconsideration must submit the information listed in subpart
5, notice to
employees.
B. A jurisdiction
requesting reconsideration of the time provided to achieve compliance, but not
requesting reconsideration of the original compliance decision, must also
submit the information listed in subpart
8, compliance plan.
C. A jurisdiction may also submit any of the
information listed in subpart
9, evidence for
reconsideration.
Subp. 4.
Burden of proof.
During the reconsideration process, the burden of proof is on
the jurisdiction to demonstrate to the department that the compliance decision
was incorrect or that the time allowed to achieve compliance should be
extended.
Subp. 5.
Notice to employees.
Reconsideration requests must include:
A. a statement signed by the chief elected
official, or if none, the chief appointed official, verifying that exclusive
representatives and employees have been notified of the reconsideration
request, as explained in subpart
6; and
B. a copy of the notice sent and posted, as
explained in subpart 6.
Subp. 6.
Notice requirements.
A jurisdiction requesting reconsideration must send a written
notice to each exclusive representative, if any, for employees of the
jurisdiction. The jurisdiction must also post the notice in a prominent
location accessible to all employees, and make a copy available in the public
library.
The notices must be sent and posted before the request for
reconsideration is submitted to the department. Posted notices must remain
posted for at least 90 days after the reconsideration request is submitted to
the department.
The written and posted notices must include the following
information:
A. a statement that the
jurisdiction has been found not in compliance with the Local Government Pay
Equity Act and that the jurisdiction is requesting a reconsideration of that
decision or a longer period of time to achieve compliance;
B. a description of the grounds for the
reconsideration request;
C. a
statement that the department's determination and the materials submitted in
support of the reconsideration request are public information available to
anyone requesting the information;
D. a statement that any comments concerning
the reconsideration request may be submitted to the department; and
E. the department's address and telephone
number.
Subp. 7.
Comments.
A person or entity may submit a complaint about the accuracy
or completeness of a jurisdiction's reconsideration request by writing to the
department. The complaint must specify the information believed to be
inaccurate or incomplete. In response to a complaint, the department must
decide either that the complaint is without merit and that no review is
necessary, or that the complaint may have merit and a review is
necessary.
In addition, the department may initiate a review of the
accuracy and completeness of a jurisdiction's reconsideration request for the
purpose of ensuring that the reconsideration is based upon correct and complete
information. If the department decides that a review is necessary, it must
follow the procedures in part
3920.0700, subpart
2.
Subp. 8.
Compliance plan.
If a jurisdiction agrees that it is not in compliance, but
requests reconsideration of the time allowed to achieve compliance, it must
submit the following information to the department in writing:
A. a plan for achieving compliance, including
the jurisdiction's proposed actions and response to the department's
recommendations;
B. a proposed date
for achieving compliance and for submitting a revised report for department
review; and
C. a statement by the
chief elected official or, if none, the chief appointed official, that the plan
and proposed date have been approved by the jurisdiction's governing
body.
Subp. 9.
Evidence for reconsideration.
In submitting a request for reconsideration of the compliance
decision or for reconsideration of the time allowed to achieve compliance, the
jurisdiction may submit written evidence concerning any of the facts in items A
to H.
A. Nongender-based inequities. A
jurisdiction may demonstrate that compensation inequities between
male-dominated and female-dominated classes are not gender-based. The
jurisdiction may submit any relevant information.
B. Recruitment difficulties. A jurisdiction
may demonstrate that one or more female-dominated classes receive lower
compensation than male-dominated classes because of recruitment difficulties in
male-dominated classes. The jurisdiction may submit information documenting
that:
(1) recruitment problems in
female-dominated classes would be identified, evaluated, and treated the same
as recruitment problems in male-dominated classes; and
(2) the higher compensation for
male-dominated classes is needed to attract qualified candidates for those
classes.
C. Retention
difficulties. A jurisdiction may demonstrate that one or more female-dominated
classes receive lower compensation than male-dominated classes because of
retention difficulties in male-dominated classes. The jurisdiction may submit
information documenting that:
(1) retention
problems in female-dominated classes would be identified, evaluated, and
treated the same as retention problems in male-dominated classes; and
(2) the higher compensation for
male-dominated classes is needed to retain employees in those
classes.
D. Recent
arbitration. A jurisdiction may demonstrate that one or more female-dominated
classes receive lower compensation than male-dominated classes because of
recent arbitration awards that are inconsistent with equitable compensation
relationships. The jurisdiction may submit any relevant information.
E. Good faith. A jurisdiction may demonstrate
that it has made a good faith effort to achieve compliance. The jurisdiction
may submit any information supporting subitems (1) to (3).
(1) Since 1984, the jurisdiction has
substantially reduced the frequency or amount of compensation inequities for
female-dominated classes in comparison with male-dominated classes.
(2) Since 1984, a substantial portion of
funds available for compensation increases has been spent on reducing
compensation inequities for female-dominated classes.
(3) There is other evidence of the
jurisdiction's good faith efforts to achieve compliance.
F. Continued progress. A jurisdiction may
demonstrate its continued progress toward compliance. The jurisdiction may
submit any relevant information.
G.
Constraints. A jurisdiction may demonstrate any constraints it faces. The
jurisdiction may submit any information supporting subitem (1) or (2).
(1) severe fiscal constraints have made
implementation difficult or impossible; or
(2) there are other constraints which have
made implementation of pay equity difficult or impossible.
H. Other evidence. A jurisdiction may submit
any other information to demonstrate that the department's compliance decision
was incorrect or that more time should be provided to achieve
compliance.
Subp. 10.
Reconsideration decision and notice.
The department must notify the jurisdiction in writing of its
decision after reconsideration.
A. If
the department decides that the original noncompliance decision was incorrect
and the jurisdiction is in compliance, the department must notify the
jurisdiction of that decision. The notice must specify the date on which the
next implementation report must be submitted to ensure that pay equity is
maintained, as explained in part
3920.1300, subpart
2.
B. If the department decides that the
original noncompliance decision and date for achieving compliance were correct,
the department must notify the jurisdiction of that decision. The notice must
include a detailed description of the basis for the finding, specific
recommended actions to achieve compliance, and an estimated cost of compliance,
if any of that information is revised from the department's original
noncompliance notice. If the jurisdiction does not achieve compliance and
submit a revised report by the date specified in the department's original
compliance notice, a penalty will be imposed under part
3920.1000.
C. If the department decides that the
original noncompliance decision was correct but that more time will be provided
to achieve compliance, the department must notify the jurisdiction of that
decision. The notice must specify the revised date by which compliance must be
achieved to avoid a penalty, as explained in part
3920.0800, subpart
3. In addition, the notice
must include a detailed description of the basis for the finding, specific
recommended actions to achieve compliance, and an estimated cost of compliance,
if any of that information is revised from the department's original
noncompliance notice.
Subp. 11.
Next steps.
If a reconsideration results in a time extension for
achieving compliance, the jurisdiction must submit a revised report by the date
established by the department. The department must examine the revised report
by the methods in parts
3920.0400 to
3920.0700, and make a revised
compliance decision.
A. If a
reexamined jurisdiction is found in compliance, the department must notify the
jurisdiction of the date on which the next implementation report must be
submitted to ensure that pay equity is maintained, as explained in part
3920.1300, subpart
2.
B. If a reexamined jurisdiction is again
found not in compliance, the department must notify the jurisdiction that a
penalty will be imposed, as explained in part
3920.0800, subpart
5, item B.
Statutory Authority: MS s
43A.04
