54-51 Interchange of Government Employees - North Dakota Statutes

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CHAPTER 54-51INTERCHANGE OF GOVERNMENT EMPLOYEES54-51-01.Declaration of policy.The state of North Dakota recognizes thatintergovernmental cooperation is an essential factor in resolving problems affecting this state and
that the interchange of personnel between and among governmental agencies at the same or
different levels of government is a significant factor in achieving such cooperation and increasing
the skills and efficiency of governmental personnel.54-51-02. Definitions. For the purposes of this chapter the following words and phraseshave the meanings ascribed to them in this chapter:1."Receiving agency" means any department or agency of the federal government or
a state government which receives an employee of another government under this
chapter.2."Sending agency" means any department or agency of the federal government or a
state government which sends any employee thereof to another government agency
under this chapter.54-51-03.Authority to interchange employees.Any department, agency, orinstrumentality of the state is authorized to participate in a program of interchange of employees
with departments, agencies, or instrumentalities of the federal government, or another state, as a
sending or receiving agency.54-51-04. Duration of exchange. The period of individual assignment or detail under aninterchange program may not exceed four years. Details relating to any matter covered in this
chapter may be the subject of an agreement between the sending and receiving agencies.
Elected officials may not be assigned from a sending agency nor detailed to a receiving agency.54-51-05.Status of employees of this state.Employees of a sending agencyparticipating in an exchange of personnel as authorized in section 54-51-03 may be considered
during such participation to be on detail to regular work assignments of the sending agency.54-51-06. Salary and benefits. Employees who are on detail are entitled to the samesalary and benefits to which they would otherwise be entitled and shall remain employees of the
sending agency for all other purposes except that the supervision of their duties during the period
of detail may be governed by agreement between the sending agency and the receiving agency.54-51-07.Death or injury of employee.Any employee who participates in anexchange under the terms of this section who suffers disability or death as a result of personal
injury arising in the course of an exchange, or sustained in performance of duties in connection
therewith, must be treated, for the purposes of the sending agency's employee compensation
program, as an employee, as defined in such act, who has sustained such injury in the
performance of such duty, but may not receive benefits under that act for any period for which
the employee is entitled to and elects to receive similar benefits under the receiving agency's
employee compensation program.54-51-08. Travel expenses of employees of this state. A sending agency in this statemay, in accordance with the travel regulations of the state, pay the travel expenses of employees
assigned to a receiving agency on either a detail or leave basis, but may not pay the travel
expenses of such employees incurred in connection with their work assignments at the receiving
agency. During the period of assignment, the sending agency may pay a per diem allowance to
the employee on assignment or detail.54-51-09.Status of employees of other governments.The following provisionscontrol the status of any employees within the state under this chapter:Page No. 11.When any unit of government of this state acts as a receiving agency, employees of
the sending agency who are assigned under authority of this chapter may be
considered to be on detail to the receiving agency.2.Appointments of persons so assigned may be made without regard to the laws or
regulations governing the selection of employees of the receiving agency.Theperson is in the unclassified service of the state.3.Employees who are detailed to the receiving agency may not by virtue of the detail
be considered to be employees thereof, except as provided in subsection 4. The
supervision of the duties of those employees during the period of detail may be
governed by agreement between the sending agency and the receiving agency.4.Any employee of a sending agency assigned in this state who suffers disability or
death as a result of personal injury arising out of and in the course of the
assignment, or sustained in the performance of duties in connection therewith, must
be treated as an employee for the purpose of the receiving agency's employee
compensation program, but may not receive benefits for any period for which the
employee elects to receive similar benefits as an employee under the sending
agency's employee compensation program.5.A receiving agency may with the agreement of the sending agency pay an employee
from a sending agency a full or supplemental salary or wage not to exceed the
appropriate pay for an equivalent position in the receiving or sending agency.54-51-10. Travel expenses of employees of other governments. A receiving agencyin this state may, in accordance with the travel regulations of the state, pay travel expenses of
persons assigned thereto under this chapter during the period of such assignments on the same
basis as if they were regular employees of the receiving agency.54-51-11.Reports of participating agencies.Each department, agency, orinstrumentality of the state which participates in the interchange of employees as provided in this
chapter shall annually report the details of the travel expenses of each employee and same must
be reported to the office of management and budget.Page No. 2Document Outlinechapter 54-51 interchange of government employees