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.

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Terms Used In Minnesota Statutes 44.09

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

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.