It was unclear whether the Minnesota Department of Health’s (MDH’s) Human Resources Management Division (HR) consistently managed many aspects of employee complaints, due in part to its lack of written procedures.
Based on survey responses, training seems to be an important factor in supervisors’ understanding of when to refer complaints to HR. (p. 18)
Recommendation ► MDH should require all MDH supervisors to attend periodic training about when to refer employee complaints. (pp. 18-19)The HR division notified subjects when it closed investigations, but it inconsistently notified complainants of both intake closure and investigation closure. (pp. 26-27)
Recommendation ► The HR division should establish complaint management procedures that address the following issues:In their survey responses, some current and former MDH employees indicated that they believed they experienced retaliation as a result of submitting a complaint to HR. However, some chose not to report the perceived retaliation. (pp. 33-35)
Recommendation ► The HR division should develop procedures to address retaliation fears or experiences that emerge through complaint intake or investigation. (p. 33)Since state law and labor contracts generally include stronger protections for certified employees, probationary employees are particularly vulnerable to retaliation. (pp. 35-36)
Recommendation ► The HR division should develop a procedure for examining instances of noncertification of probationary employees who previously submitted complaints. (p. 36)In a letter dated January 29, 2025, Commissioner Cunningham said that “MDH is committed to a fair and equitable human resources complaint management process” and that the department values OLA’s feedback as it “serves as an important tool for growth and development.” The commissioner said that MDH had either begun to implement or would soon implement most of OLA’s recommendations. For example, she reported that MDH has developed a departmentwide complaint and investigation procedure, as well as an internal guidance on which documents must be saved in the HR division’s case management files. Further, Commissioner Cunningham said that MDH has begun developing resources for all department staff to raise awareness of retaliation and instill confidence in staff to come forward to report retaliation. These include “internal news articles outlining the process for filing a retaliation complaint, …and [MDH’s] process for addressing concerns.”