54-44.3 Central Personnel System - North Dakota Statutes

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CHAPTER 54-44.3CENTRAL PERSONNEL SYSTEM54-44.3-01. Purpose of chapter. The general purpose of this chapter is to create NorthDakota human resource management services in order to establish a unified system of human
resource management for the classified service of the state based upon merit principles and
scientific methods, governing the position classification, pay administration, and transfer of its
employees. All appointments and promotions to positions in the state classified service must be
made without regard to sex, race, color, national origin, age, religious affiliations, or political
opinions on the basis of merit and fitness.54-44.3-01.1. Compensation relationships - Policy. It is the policy of this state toestablish equitable, nondiscriminatory compensation relationships among all positions and
classes within the state's classification plan.54-44.3-02. Definitions. As used in this chapter, unless the context clearly requiresotherwise:1."Appointing authority" means the authority to appoint to positions in the classified
service and is reserved to officials and heads of departments and agencies within
the government.2."Board" means the state personnel board.3."Director" means the director of North Dakota human resource management
services.4."Division" means North Dakota human resource management services.5."Employee" means any person who occupies a position in the classified service.6."Officer" means an employee of the state government who is appointed and serves
at the pleasure of an official, board, or commission.7."Official" means a member of the state government elected by popular vote.54-44.3-03.State personnel board - Composition - Terms - Vacancies -Qualifications.1.The state personnel board is composed of the director, who must be the chairman of
the board; one member appointed by the governor; two members elected by
employees classified under sections 54-44.3-19 and 54-44.3-20; and one member
with a professional human resource background appointed by the governor.2.The term of each member of the board, except the director, must be for six years.
The director's term coincides with employment as director. Any permanent vacancy
in office must be filled for the unexpired term in the same manner as the selection of
the person vacating the office.3.Each member of the board must be a resident of the state for at least sixty days and
must be known to be in sympathy with the application of merit principles to public
employment. No member of the board may have held a position in a political party
within four years immediately preceding the member's appointment or election to the
board, and those members of the board elected by classified employees must be
full-time employees in good standing of the classified service.Page No. 154-44.3-04. Compensation and expenses of members of board. Each member of theboard is entitled to compensation at the rate of fifty dollars for each day employed in the official
duties of the board and other expenses as provided for by law.54-44.3-05. Election committee. The governor, the secretary of state, and the attorneygeneral shall constitute a three-member committee to develop rules and regulations for a secret
ballot election among all employees eligible under sections 54-44.3-19 and 54-44.3-20 to carry
out the election of the two members of the board elected by classified employees. All elections
of members of the board are the responsibility of the director who will ensure that proper and due
notification is given to all employees in sufficient time to enable potential candidates to initiate
necessary petitions and conduct campaigns. Nominees for candidacy are required to submit
petitions containing no less than two hundred names of employees in good standing classified
under sections 54-44.3-19 and 54-44.3-20. All elections will be conducted through a secret ballot
process.54-44.3-06. Meetings. The board shall organize annually at the first meeting of eachfiscal year. It shall meet at least once a year and at such times and places as are specified by
call of the chairman or any three members of the board. All meetings must be open to the public.
Three members constitute a quorum for the transaction of business. Three favorable votes are
necessary for the passage of any resolutions or taking of any official action by the board at any
meeting.54-44.3-07. Duties of board. The primary responsibility of the board is to foster andassure a system of personnel administration in the classified service of state government. In
carrying out this function, the board shall:1.Adopt any rules and hold any hearings as are necessary to properly perform the
duties, functions, and powers imposed on or vested in the board by law.Theadoption of rules must be accomplished in accordance with chapter 28-32.2.Hear, consider, and determine appeals by nonprobationary employees in the
classified service related to position classifications and pay grade assignments.3.Ensure that the director includes the activities of the board in the office of
management and budget's biennial report.4.Keepminutesandmaintainrecordsnecessarytoassuretheequitableadministration of this chapter.54-44.3-08. Testimony - Call witnesses - Request production of papers. The board,as a body, may invite and hear witnesses, and request the production of books and papers or
any other physical evidence pertinent to any investigation or hearing authorized by this chapter.
Witnesses who testify at the invitation of the board shall receive remuneration in the same
amount and manner received by witnesses in North Dakota district courts.54-44.3-09. Board secretariat. The division shall serve as the secretariat to the board.54-44.3-10. Action to secure compliance with chapter. The board may maintain suchaction or proceeding at law or in equity as the board considers necessary or appropriate to
secure compliance with this chapter and its rules and orders thereunder. The attorney general
may assign an assistant attorney general as legal adviser and counsel to both the board and the
division. The attorney general is responsible for representing the personnel system in all legal
contexts.54-44.3-11.North Dakota human resource management services - Director -Appointment - Removal.North Dakota human resource management services is createdwithin the office of management and budget under the supervision and control of a director who
is responsible for the performance and exercise of the duties, functions, and powers imposed
upon the division.Page No. 21.The director must be experienced in the field of human resource management and
shall hold considerable knowledge of merit principles, goals, and their methods of
operation.2.The director of the office of management and budget shall appoint the director. The
position of director is not a classified position and the director shall serve at the
pleasure of the director of the office of management and budget.54-44.3-12.Duties of director.The director shall direct and supervise, with theapproval of the director of the office of management and budget, all the administrative and
technical activities of the division. In addition to the duties imposed elsewhere in this chapter, the
director shall:1.Establish general policies, rules, and regulations, subject to the approval of the
board, which are binding on the agencies affected, and which apply to the
employees in the classified service. These rules must provide for:a.Establishing and maintaining a classification plan.b.Establishing and maintaining a compensation plan.c.Promoting a consistent application of personnel policies.d.Enhancing greater uniformity in matters relating to probationary periods, hours
of work, leaves of absence, separations, transfers, disciplinary actions,
grievance procedures, and performance management.e.Ensuring fair treatment and compliance with equal employment opportunity and
nondiscrimination laws.2.Establish and maintain a roster of all employees in the state classified service in
which there must be set forth, as to each employee, the class title of the position
occupied, the salary or pay, change in class title, and any other personnel data that
the division deems necessary.3.Select for appointment under this chapter such employees of the division and such
experts and special assistants as are necessary to carry out effectively the
provisions of this chapter. Salaries and positions of personnel in the division must
conform to the classification and pay plan provided by this chapter.4.Assist the employee-appointing authorities, in accordance with the provisions of this
chapter and the rules adopted thereunder, in the preparation and administration of
appropriate selection procedures.5.Encourage and assist in the development of personnel administration within the
various departments and agencies of the state.6.Cooperate with employee-appointing authorities and other supervisory officers in the
conduct of employee training programs.7.Develop procedures that, notwithstanding any other law, must be followed by all
state agencies and institutions for employees in the state classified service, to
ensure that all salaries are paid in a manner consistent with the state's
compensation, classification, and salary administration policies.8.Consult with state agencies and institutions in the development of salary
administration procedures for employees in the state classified service.Page No. 39.Recognize knowledge, skills, complexity, accountability, and working condition
hazards as compensable factors of the state's classification plan, required in the
performance of work for all positions in the state classified service.10.Develop guidelines for allowing exceptions to the rules of the classification and
compensation plans for use when the market salaries of specific positions are not
consistent with the state's compensation policy.11.Conduct in-state and out-of-state labor market surveys that are representative of the
state's classified service occupations to enable the state to position itself accurately
against the market.12.Communicate classification and compensation policies to the managers and
employees in the state-classified service by providing written information on the
state's classification and compensation procedures.13.Adopt rules, subject to the approval of the board, to ensure compliance with and
resolve compliance issues relating to agencies required by state or federal law or
rule to be subject to a merit personnel system.54-44.3-12.1. Revisions to compensation plan. Revisions to the compensation planmay only be made on July first, following the close of a regular legislative session, except that
new classifications may be added to the compensation plan during a biennium when deemed
necessary by the director. Revisions to the compensation plan for county employees covered by
the plan become effective on January first of the first full calendar year following the revision or
on July first following the close of a regular legislative session, based on official action by the
board of county commissioners. Revisions to the compensation plan may only be made to the
extent the legislative assembly appropriates funds to implement such plans.54-44.3-12.2.Employeecomplaints-Cooperationindevelopmentandimplementation of basic agency grievance procedures and a statewide appeal mechanism
- Appeals. It is the intent of the state of North Dakota to assure fair and equitable treatment and
promote harmony between and among all classified employees by requiring affected agencies to
adopt grievance procedures and through the creation of a statewide appeals mechanism with
primary jurisdiction to entertain and resolve classified employee appeals. It is the policy of this
state to resolve bona fide employee complaints as quickly as possible.The division shallcooperate with and assist the various departments, agencies, and institutions of the state in the
development and implementation of basic agency grievance procedures and a statewide appeal
mechanism. The division shall certify appeals from nonprobationary employees in the classified
service which are related to discrimination, merit system qualification, reprisals, reduction in
force, forced relocation, demotion with loss of pay, suspension without pay, and dismissal, and
from applicants for positions in the classified service and probationary employees in the classified
service which are related to discrimination or reprisal. Upon receipt of an appeal, the division
shall submit a written request to the director of the office of administrative hearings to designate
an administrative law judge for the division to conduct the hearing and related proceedings,
including receiving evidence and preparing findings of fact, conclusions of law, and issuing a final
decision. The moving party in the initial action bears the burden of proof in the appeal. An
appeal to the district court from the determination of the administrative law judge must be filed
according to chapter 28-32, including proper service upon the division, but neither the division nor
the office of administrative hearings may be named as a party to the appeal under chapter 28-32
unless an employee of one of those two agencies is involved in the grievance.54-44.3-13. Records and information to be furnished. All departments and agenciescovered by the personnel system shall furnish any reasonably necessary, nonprivileged records
and information to the division which the division requests, except records made confidential by
statute.54-44.3-14. Records public. The records of the division and the board, except suchrecords as the statutes may require to be held confidential, are public records and must be openPage No. 4to public inspection, subject to regulations as to the time and manner of inspection which may be
prescribed by the division or board.54-44.3-14.1.Mediation - Open records exemption - Retaliation prohibition.Records of the division relating to mediation services provided by the division are exempt from
section 44-04-18. An employee may not be discharged, disciplined, or penalized concerning the
employee's compensation, conditions, location, or other privileges of employment because of the
employee's request for or participation in the mediation services provided by the division.54-44.3-15.Payment disapproved by director.The director may disapprove thepayment for personal service for any person holding a position in the classified service, except a
person appointed to a position for the duration of an emergency, if the director determines that
the person named therein has not been classified and is not imminently to receive classification
in accordance with the provisions of this chapter and the rules and orders thereunder or that the
rate of pay is not authorized.54-44.3-16. Agency personnel officers. The elected or appointed chief officer of eachagency or department of the service shall designate a staff employee to serve as personnel
officer for that division of the service to assist the chief officer in that person's duty to administer
personnel responsibilities specified in this chapter and by the personnel rules. The designated
personnel officer of each agency or department shall certify to the agency elected or appointed
chief officer that each person holding a position in the classified service authorized for payment
through payroll has been classified in accordance with the provisions of this chapter and the rules
and orders under this chapter and that the rate of pay is within established current salary ranges
or excepted from the ranges by written authorization by the director.54-44.3-17. Grant-in-aid programs. Whenever the provisions of any law, rule, order, orregulation of the United States or of any federal agency or authority providing or administering
federal funds for use in North Dakota require civil service or merit standards or classifications
other than those required by the provisions of this chapter and rules and regulations promulgated
under this chapter, then the provisions of such law, rule, order, or regulation must prevail and
must govern the employees affected thereby.The division shall provide those servicesnecessary to comply with merit standards for federal grant-in-aid agencies.54-44.3-18. Authority to provide services to cities and political subdivisions. Thedivision may enter into agreement with any city or political subdivision of the state to furnish
services and facilities of the division to the city or political subdivision in the administration of its
personnel on merit principles. Any such agreement must provide for the reimbursement to the
state of the cost of the services and facilities furnished, such reimbursements to be deposited to
the credit of the general fund. All cities and political subdivisions of the state may enter into such
agreements.54-44.3-19. Board authority to provide service to cities, political subdivisions, andother entities. The board may enter into agreement with any city or political subdivision of this
state to furnish any of its services and facilities, other than factfinding or conciliation services, and
the agreement must provide for reimbursement to the state of the cost of the services and
facilities furnished.All cities and political subdivisions of this state may enter into theagreements.The board and division shall provide coverage to other agencies or politicalsubdivisions as may by federal laws or regulations be required to be subject to a personnel
system in order to obtain federal grants-in-aid. The board and division shall provide coverage to
political subdivisions upon the request of the subdivisions.Other agencies, departments, ordivisions or positions may be placed under the complete or limited board and division personnel
plan in the manner and to the extent the legislative assembly shall by law direct.54-44.3-20. Categories of positions in the state service. All positions in the stateservice are included in the classified service except:1.Each official elected by popular vote and each person appointed to fill vacancies in
an elective office, one principal assistant, and one private secretary.Page No. 52.Members of boards and commissions required by law.3.Administrative heads of departments required by law, other than the superintendent
of North Dakota vision services - school for the blind, the superintendent of the
school for the deaf, and the state librarian.4.Officers and employees of the legislative branch of government.5.Members of the judicial branch of government of the state of North Dakota and their
employees and jurors.6.Persons temporarily employed in a professional or scientific capacity as consultants
or to conduct a temporary and special inquiry, investigation, or examination for the
legislative branch of government or a department of the state government.7.Positions deemed to be inappropriate to the classified service due to the special
nature of the position as determined by the division and approved by the board.8.Employees of the institutions of higher education under the control of the state board
of higher education.9.Members and employees of occupational and professional boards.10.Officers and employees of the North Dakota mill and elevator association.11.The director of the committee on employment of people with disabilities of the
department of human services.12.Positions referred to under law as serving at the pleasure of or at the will of the
appointing authority.13.Licensed teachers engaged in teaching at the North Dakota youth correctional
center, North Dakota vision services - school for the blind, and the school for the
deaf.14.Officers of workforce safety and insurance.15.Officers and employees of the department of commerce.16.Attorneys employed by the insurance commissioner.17.Engineers and geologists employed by the director of mineral resources.54-44.3-21.Employment only under approved class title.No person may beappointed to or employed in a position in the classified service under a class title which has not
been approved by the director as appropriate to the duties to be performed.54-44.3-22.Limitations on inquiries in application or test - Discriminationprohibited. No question in any form of application or in any test may be so framed as to elicit
any information concerning the political or religious opinions or affiliations of any applicant, nor
may any inquiry be made concerning such opinions or affiliations. All disclosures thereof must
be discountenanced.No discrimination may be exercised, threatened, or promised by anyperson in the employ of any division of the service or of the personnel division against or in favor
of any applicant, eligible, or employee because of sex, race, color, national origin, age, or
religious or political opinions or affiliations.54-44.3-23. Veterans' preferences. Veterans' preferences must be in accordance withchapter 37-19.1.Page No. 654-44.3-24. Application of chapter to existing employees. All employees in positionswhich are in the classified service as defined in this chapter and who, prior to July 1, 1975, have
served continuously for a period of six months or more, or as regular seasonal employees have
satisfactorily served in such positions through one seasonal service period, shall be certified to
such positions, and grades and classifications, under the personnel system, and shall not be
subject to examination or trial service periods of employment.54-44.3-25. Prohibited conduct.1.No person may make any false statement, certificate, mark, rating, or report with
regard to any test, certification, or appointment made under this chapter, or in any
manner commit or attempt to commit any fraud preventing the impartial execution of
this chapter and the rules.2.No person may, directly or indirectly, give, render, pay, offer, solicit, or accept any
money, service, or other valuable consideration for or on account of any
appointment, proposed appointment, promotion, or proposed promotion to, or any
advantage in, a position in the classified service.3.No employee of the division, examiner, or other person may defeat, deceive, or
obstruct any person in that person's right to examination, eligibility, certification, or
appointment under this chapter, or furnish to any person any special or confidential
information for the purpose of affecting the rules or prospects of any person with
respect to employment in the classified service.54-44.3-26. Penalty. Any person who intentionally violates any provision of this chapteris guilty of an infraction and, upon conviction thereof, is, for a period of one year, ineligible for
appointment or employment in the classified service.54-44.3-27. Transfer of records of merit system council. All personnel and records ofthe North Dakota merit system council are hereby transferred to the division created by this
chapter.54-44.3-28. College student cooperative education or intern program - Eligibility.The director shall establish and administer within the executive and legislative branches of state
government a program through which college students may receive stipends and academic
credit for participating in a cooperative education or internship program. The program must be
open to any student enrolled in a public or private educational institution in this state which has
been accredited by an agency recognized by the United States department of education. The
director shall establish classifications and develop uniform application procedures for the
cooperative education or internship program.54-44.3-29. Acceptance of federal funds. The director is authorized to accept federalfunds through grant-aided agencies or directly for the purpose of operating or ensuring operation
of a merit personnel system.54-44.3-30.Agencies subject to merit system.All personnel employed by thedepartment of human services, the regional offices of that department, job service North Dakota,
North Dakota human resource management services, the state department of health, and other
agencies or political subdivisions as may by federal law or rule be required to be subject to a
merit system in order to obtain federal grants-in-aid are covered by the merit system provided in
this chapter.Merit system coverage must also be provided to personnel employed aspurchasing agents or buyers in the purchasing division of the office of management and budget.
Other agencies, departments, or divisions and positions must be placed under a merit system in
the manner and to the extent required by law.54-44.3-31.Political subdivision may request to be exempted from state meritsystem. A political subdivision subject to the merit system under this chapter may file a request
with the division and the director of the department of human services to be exempted from thePage No. 7merit system. The request must describe a plan and policy that assures the political subdivision
has developed a merit system plan that meets federal standards for personnel administration.
The division and the director of the department of human services shall authorize the political
subdivision plan within sixty days of receiving a request under this section if the plan and policies
meet federal requirements. If the division and the director of the department of human services
determine that the proposed plan and policies fail to meet the federal requirements, the division
and the director shall deny the request and notify the requester of the specific reasons for the
denial.54-44.3-32.Political subdivision merit system compliance.The division and thedepartment of human services shall develop oversight and audit procedures for political
subdivision merit systems to assure compliance with federal merit system principles.If thedivision and the department of human services determine that a political subdivision has failed to
maintain compliance with federal merit system principles, the division and the department shall
notify the political subdivision of the noncompliance and order the political subdivision to take
corrective action.If a political subdivision does not take the necessary corrective action tocomply with federal merit system principles, the division and the department of human services
shall revoke the political subdivision's exemption from the state merit system and return the
political subdivision to the state merit system. The political subdivision is responsible for any
penalty assessed by a federal authority for a noncompliant political subdivision merit system.Page No. 8Document Outlinechapter 54-44.3 central personnel system