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Cass County State's Attorney seeks staff reclassification, raises cross‑border paid‑leave and immigration concerns

2627519 · February 12, 2025
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Summary

The Cass County State's Attorney reported full staffing but plans to seek new investigator, paralegal and team leader classifications; the office flagged Minnesota's upcoming paid‑leave law and immigration‑related assistance for county employees as unresolved legal questions.

Kim, Cass County state's attorney, told the commission the office is now fully staffed after a prolonged shortage and that leadership held a strategic planning retreat to set goals for 2025 and 2026. The office plans to submit position classification requests (PAQs) to the personnel overview committee for an investigator, a paralegal and a team leader for attorneys.

Kim said the office is seeking better routine coordination with the courts and reported a recent meeting with the new presiding judge about scheduling and regular stakeholder meetings involving the state's attorney's office, the sheriff's office, the clerk and the public defender.

The state's attorney described two legal issues the county is studying that could affect many jurisdictions: Minnesota's paid‑leave law (often called “sick and safe” or paid earned leave) set to take effect in January 2026, and how immigration questions for county employees should be handled.

On the Minnesota law, Kim said answers are not clear cut and that counties are watching litigation and agency guidance. The question centers on whether Minnesota employment laws can apply to employees who live in Minnesota but work for North Dakota employers remotely; Kim noted some public institutions have already restricted remote work from Minnesota while state attorneys await clearer legal rulings.

On immigration, Kim said her office's position is that the county does not provide legal representation to individual employees on immigration matters; the county can provide standard employment verification letters but should not give specialized immigration legal advice. Kim said other state's attorneys around the state have expressed the same view and that seeking guidance from the attorney general's office or other counsel is a prudent next step.

Kim said she expects to testify on bills in Bismarck and to use the State's Attorneys Association as a forum for coordinated responses and guidance; the office will also develop internal records and intranet resources to centralize policies and documentation.