N.D. Admin. Code Title 59.5 — State Personnel Board

Article 59.5-01 General Administration

Chapter 59.5-01-01 Organization of Board

N.D. Admin. Code 59.5-01-01 Organization of Board

ARTICLE 59.5-01

GENERAL ADMINISTRATION

Chapter 59.5-01-01Organization of Board

CHAPTER 59.5-01-01

ORGANIZATION OF BOARD

Section 59.5-01-01-01Organization of State Personnel Board 59.5-01-01-01. Organization of state personnel board.

1.History and functions. The 1975 legislative assembly passed a Central Personnel System Act, codified as North Dakota Century Code chapter 54-44.3. The Act created the state personnel board which oversees the development and administration of a unified system of personnel administration for the classified service of the state.

The board is an administrative agency separate from human resource management services of the office of management and budget, although the board and the division work closely together. The board adopts its own rules, but also reviews the division's rules. Additionally, the board can review and change pay ranges and classifications assigned to positions. The board may approve positions not to be included in the classified service.

The state personnel board also serves as the North Dakota merit system council. In this capacity the board regulates the personnel policies and practices of the state agencies which are by statute subject to the merit system. The board's regulation of merit system agencies includes approving rules established by the director of human resource management services serving as the director of the merit system council, and conducting hearings on complaints arising from compensation and pay grade.

2.Board membership. The board is composed of the director of human resource management services who is the chairperson; two members appointed by the governor, one of whom must have a professional human resource background; and two members elected by classified employees. The terms of all members, except the chairperson, are six years. Any vacancy in office is filled for the unexpired term in the same manner as the selection of the person vacating the office.

3.Meetings. The board organizes annually at the first meeting of each fiscal year. It elects a vice chairman to serve for a term of one 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 are open to the public with reasonable notice provided by human resource management services. Three members constitute a quorum for the transaction of business.

Three favorable votes are necessary for the passage of any resolution or taking of any official action by the board at any meeting.

4.Board office. All requests for information or forms required by the rules and all submissions of appeal materials must be mailed to this address postage prepaid:

State Personnel Board c/o Director, Human Resource Management Services 600 East Boulevard Avenue, Dept. 113 Bismarck, ND 58505-0120

History: Effective December 1, 1985; amended effective February 1, 1991; January 1, 1992; April 1, 1994; November 1, 1996; July 1, 2004.

General Authority: NDCC 54-44.3

Law Implemented: NDCC 54-44.3

Article 59.5-03 Appeal Procedures

Chapter 59.5-03-01 Application Appeals - Merit System [Repealed]

N.D. Admin. Code 59.5-03-01 Application Appeals - Merit System [Repealed]

ARTICLE 59.5-03

APPEAL PROCEDURES

Chapter 59.5-03-01Application Appeals - Merit System [Repealed] 59.5-03-02Classification and Pay Grade Appeals 59.5-03-02.1Pay Grade Appeals 59.5-03-03Appeals of Employer Actions [Repealed] 59.5-03-04Appeals of Discrimination [Repealed]

CHAPTER 59.5-03-01

APPLICATION APPEALS - MERIT SYSTEM [Repealed effective August 1, 1995]

Chapter 59.5-03-02 Classification and Pay Grade Appeals

N.D. Admin. Code 59.5-03-02 Classification and Pay Grade Appeals

CHAPTER 59.5-03-02

CLASSIFICATION AND PAY GRADE APPEALS

Section 59.5-03-02-01Scope of Chapter 59.5-03-02-01.1Definitions 59.5-03-02-02Classification Appeal Procedure 59.5-03-02-03Pay Grade Appeals [Repealed] 59.5-03-02-01. Scope of chapter.

This chapter applies to all employees who have satisfactorily completed their probationary period and who are in positions classified by human resource management services. Additionally, this chapter applies to state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services.

History: Effective December 1, 1985; amended effective November 1, 1996; July 1, 2004. 59.5-03-02-01.1. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code

chapter 54-44.3, except that:

1."Regular employee" means a person who has completed the probationary period and who is in a position classified by human resource management services.

2."Working days" means Monday through Friday exclusive of holidays.

History: Effective May 1, 1994; amended effective November 1, 1996; July 1, 2004. 59.5-03-02-02. Classification appeal procedure.

1.A regular employee or an appointing authority may appeal a classification decision made by human resource management services if one of the following is alleged:

a.Human resource management services did not give due consideration to information presented.

b.Human resource management services did not follow chapter 4-07-03.

c.The decision of human resource management services was made in a discriminatory manner as defined in North Dakota Century Code section 14-02.4-01.

The appeal to the state personnel board must be received by human resource management services staff by the close of business fifteen working days from the date of the written decision of the division. The appeal must be in writing and state the reason for the appeal.

2.Upon receipt of a written appeal, the director, human resource management services, as secretary to the board, shall schedule the appeal for hearing before the board. The director, on behalf of the state personnel board, shall notify the employee and appointing authority in writing of the board hearing date at least ten working days prior to the board hearing date.

3.Human resource management services shall provide each member of the state personnel board, the employee, and the agency appointing authority with a copy of each document to become a part of the appeal file. The appeal file must consist of, but is not limited to, copies of the following:

a.The original classification/reclassification request under appeal and all attachments and responses.

b.The appeal form and all attachments.

c.All written correspondence relating to the original classification request and appeal, including written requests for extension and notices of extensions granted or denied.

d.The written appeal commencing the appeal before the state personnel board.

e.Other directly relevant and significant documents submitted by the employee, appointing

authority, or human resource management services.

4.Human resource management services shall disseminate the appeal file to all participating parties at least ten working days prior to the board hearing date. Documents submitted by any participant after the appeal file is disseminated may cause the board to delay the hearing, generally to the next scheduled board meeting date.

5.The employee, appointing authority, and their representatives may appear at the board meeting for the hearing of their classification appeal. The employee, appointing authority, or their representatives shall first make an oral presentation relative to the matter under appeal followed by human resource management services. The board chairperson shall ensure that all parties have ample opportunity to present their views relating to the classification appeal.

New information presented at the hearing may delay the decision of the board.

6.If the board determines by a preponderance of the evidence that the appeal has merit based on reasons stated in subsection 1, the board shall:

a.Remand the appeal to human resource management services for further review; or

b.Uphold the decision of human resource management services.

7.Human resource management services shall notify the employee and appointing authority in writing of the board's decision within five working days following the date the board makes its decision regarding the appeal. Decisions which result in a classification either higher or lower than that previously established by human resource management services are effective on the date specified by the appointing authority, though not earlier than the month of human resource management services approval. An earlier effective date may be applied with written approval from the director of human resource management services. The board's decision regarding a classification appeal is final.

8.The employee's agency shall reimburse the appealing employee for the required time, travel, meals, and lodging expenses to appear before the board. The reimbursement may not exceed the amounts allowed state employees.

History: Effective December 1, 1985; amended effective May 1, 1994; November 1, 1996; July 1, 2004; April 1, 2020. 59.5-03-02-03. Pay grade appeals.

Repealed effective November 1, 1996.

Chapter 59.5-03-02.1 Pay Grade Appeals

N.D. Admin. Code 59.5-03-02.1 Pay Grade Appeals

CHAPTER 59.5-03-02.1

PAY GRADE APPEALS

Section 59.5-03-02.1-01Scope of Chapter 59.5-03-02.1-02Definitions 59.5-03-02.1-03Pay Grade Appeal Procedure 59.5-03-02.1-01. Scope of chapter.

This chapter applies to all employees who have satisfactorily completed their probationary period and who are in positions classified by human resource management services. Additionally, this chapter applies to state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services.

History: Effective November 1, 1996; amended effective July 1, 2004.

Law Implemented: NDCC 54-44.3-07(3) 59.5-03-02.1-02. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code

chapter 54-44.3, except that:

1."Regular employee" means a person who has completed the probationary period and who is in a position classified by human resource management services.

2."Working days" means Monday through Friday exclusive of holidays.

History: Effective November 1, 1996; amended effective July 1, 2004.

Law Implemented: NDCC 54-44.3-07(3) 59.5-03-02.1-03. Pay grade appeal procedure.

1.A regular employee or an appointing authority may appeal to the state personnel board the pay grade assigned to a class by human resource management services if one of the following is alleged:

a.Human resource management services did not give due consideration to information presented.

b.Human resource management services did not follow chapter 4-07-03.

c.The decision of human resource management services was made in a discriminatory manner as defined in North Dakota Century Code section 14-02.4-01.

The appeal to the state personnel board must be received by human resource management services staff by the close of business fifteen working days from the date of the written decision of the division. The appeal must be in writing and state the reason for the appeal.

2.Upon receipt of a written appeal, the director, human resource management services, as secretary to the board, shall schedule the appeal for hearing before the board. The director, on behalf of the state personnel board, shall notify the employee and appointing authority in writing of the board hearing date at least ten working days prior to the board hearing date.

3.Human resource management services shall provide each member of the state personnel board, the employee, and the agency appointing authority a copy of each document to become a part of the appeal file. The appeal file must include copies of the following:

a.The original pay grade review request under appeal and all attachments and responses.

b.The written appeal and all attachments.

c.All written correspondence relating to the original request and appeal, including written requests for extension and notices of extensions granted or denied.

d.The written appeal commencing the appeal before the state personnel board.

e.Other directly relevant and significant documents submitted by the employee, appointing

authority, or human resource management services.

4.Human resource management services shall disseminate the appeal file to all participating parties at least ten working days prior to the board hearing date. Documents submitted by any participant after the appeal file is disseminated may cause the board to delay the hearing, generally to the next scheduled board meeting date.

5.The employee, appointing authority, and their representatives may appear at the board meeting for the hearing of the pay grade appeal. The employee, appointing authority, or their representatives shall first make an oral presentation relative to the matter under appeal, followed by human resource management services. The board chairperson shall ensure that all parties have ample opportunity to present their views relating to the pay grade appeal. New information presented at the hearing may delay the decision of the board.

6.If the board determines by a preponderance of the evidence that the appeal has merit based on reasons stated in subsection 1, the board shall:

a.Remand the appeal to human resource management services for further review; or

b.Uphold the decision of human resource management services.

7.Human resource management services shall notify the employee and appointing authority in writing of the board's decision within five working days following the date the board makes its decision regarding the appeal. A decision that results in a pay grade either higher or lower than that previously established by human resource management services is effective on the date specified by the appointing authority, though not earlier than the month of human resource management services approval. An earlier effective date may be applied with written approval from the director of human resource management services. The board's decision regarding a pay grade appeal is final.

8.The employee's agency shall reimburse the appealing employee for the required time, travel, meals, and lodging expenses to appear before the board. The reimbursement may not exceed the amounts allowed state employees.

History: Effective November 1, 1996; amended effective July 1, 2004; April 1, 2020.

Law Implemented: NDCC 54-44.3-07(3), 54-44.3-12

Chapter 59.5-03-03 Appeals of Employer Actions [Repealed]

N.D. Admin. Code 59.5-03-03 Appeals of Employer Actions [Repealed]

CHAPTER 59.5-03-03

APPEALS OF EMPLOYER ACTIONS [Repealed effective November 1, 1996, as the result of S.L. 1995, ch. 524, § 3]

Chapter 59.5-03-04 Appeals of Discrimination [Repealed]

N.D. Admin. Code 59.5-03-04 Appeals of Discrimination [Repealed]

CHAPTER 59.5-03-04

APPEALS OF DISCRIMINATION [Repealed effective November 1, 1996, as the result of S.L. 1995, ch. 524, § 3]

Article 59.5-04 Classification and Compensation Plans

Chapter 59.5-04-01 Classification and Compensation Plan Review

N.D. Admin. Code 59.5-04-01 Classification and Compensation Plan Review

ARTICLE 59.5-04

CLASSIFICATION AND COMPENSATION PLANS

Chapter 59.5-04-01Classification and Compensation Plan Review

CHAPTER 59.5-04-01

CLASSIFICATION AND COMPENSATION PLAN REVIEW

Section 59.5-04-01-01Scope of Chapter 59.5-04-01-02Classification Plan Review 59.5-04-01-03Compensation Plan Review 59.5-04-01-01. Scope of chapter.

This chapter outlines the review procedures for the state classification plan and the compensation plan.

History: Effective December 1, 1985.

Law Implemented: NDCC 54-44.3-12 59.5-04-01-02. Classification plan review.

Periodically, but not less than annually, human resource management services shall notify the board of additions and deletions to the currently approved classification plan as instituted by human resource management services. In addition, the board may approve positions not to be included in the classified service when deemed inappropriate by human resource management services.

History: Effective December 1, 1985; amended effective July 1, 2004.

Law Implemented: NDCC 54-44.3-07 59.5-04-01-03. Compensation plan review.

After the legislative session, but prior to July first of the new biennium, the director, human resource management services, shall submit a state compensation plan for each year of the biennium to the board for review, modification, and adoption. This plan must be developed by human resource management services based upon the funds appropriated by the legislative assembly for salaries.

History: Effective December 1, 1985; amended effective July 1, 2004.

Law Implemented: NDCC 54-44.3-12.1

Article 59.5-05 Severability

Chapter 59.5-05-01 Severability

N.D. Admin. Code 59.5-05-01 Severability

ARTICLE 59.5-05

SEVERABILITY

Chapter 59.5-05-01Severability

CHAPTER 59.5-05-01

SEVERABILITY

Section 59.5-05-01-01Severability 59.5-05-01-01. Severability.

If any provision of title 59.5 or application thereof to any person or circumstances is held invalid, such invalidity may not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.

History: Effective December 1, 1985.

General Authority: NDCC 54-44.3

Chapter 59.5-02

N.D. Admin. Code 59.5-02

ARTICLE 59.5-02

GRIEVANCE PROCEDURES [Repealed effective May 1, 1994]