Minnesota Statutes

Minn. Stat. § 44.09 (2026)

Appeals

✓ current as of May 2026
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Subdivision 1.Notice.

The employee or the appointing authority may appeal to the district court from an order of the board concerning the employee's dismissal or suspension without pay for more than 30 days by serving written notice of the appeal upon the secretary of the board within ten days after receiving written notice of the board's order.

Subd. 2.Certification of record.

Within five days after receiving service of the notice, the secretary shall certify the record of the proceedings, including all documents, testimony, and minutes to the court administrator of the district court. The administrator shall then place the cause on the calendar for determination at the next general term of the court to be held at the nearest place in the county where the municipality is located. The question to be determined by the court shall be: "Was the order of the personnel board reasonably supported by the evidence?"

Subd. 3.Appeal.

The employee or the appointing authority may appeal from the district court as in other civil cases.

Notes of Decisions
Cited in 2 cases, 2010–2011 · leading case: City of Saint Paul v. Eldredge, 800 N.W.2d 643 (Minn. 2011).
City of Saint Paul v. Eldredge, 800 N.W.2d 643 (Minn. 2011). · cites it 4× “Minn.Stat. § 44.09, subd. 1. In all cities, the deadline to appeal for employees is the same as it is for the public employer— unless the employee is a veteran.”
City of Saint Paul v. Eldredge, 788 N.W.2d 522 (Minn. Ct. App. 2010). · cites it 2× “…“from an order of the board concerning the employee's dismissal or suspension without pay for more than 30 days.” Minn.Stat. § 44.09, subd. 1 (2008).”
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