North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-01 - Organization of Human Resource Management Services › Section 4-07-01-01 - History, functions, organization of human resource management services

Current through Supplement No. 393, July, 2024
1.
History of human resource management
				services.
a. The 1975 legislative
				assembly passed a Central Personnel System Act, codified as North Dakota
				Century Code chapter 54-44.3. The Act created the central personnel division as
				well as the state personnel board. The division was to establish and maintain
				classification and compensation plans as well as establish general policies and
				rules, which were to be binding on the affected agencies, relating to a unified
				system of personnel administration for the employees in the classified service
				of the state.
b. From its beginning
				in 1975, the central personnel division developed general personnel policies in
				response to the requirements for a unified system of personnel administration,
				requests from the state personnel board, requests from agencies or other
				officials in the executive branch, changed requirements in state or federal
				laws, and various decisions of the courts. These policies were discussed at
				meetings of the state personnel board. If a particular policy was approved by
				the board, the division would then act to include it within the North Dakota
				personnel policies manual. Policies approved and adopted in this way were then
				distributed to all state agencies.
c. The policies included in the North Dakota
				personnel policies manual were to be followed by all agencies with classified
				employees. More specifically, merit system agencies were to strictly follow the
				policies, but nonmerit system agencies were advised that the policies formed a
				"base" for the development of the agencies own policies and
				procedures.
d. In July of 1981 then
				Governor Allen Olson issued executive order number 1981-10. That executive
				order portrayed the North Dakota personnel policies manual as providing the
				assurance that classified employees would be treated fairly and uniformly if
				the policies were followed. The executive order identified the state personnel
				board as the agency that would hold public meetings to receive comments and
				approve revisions to the policies. Governor Olson also ordered that agencies
				headed by a gubernatorial appointee adhere to and follow the policies,
				including the statewide appeal mechanism.
e. However, by late 1986 that manner of
				personnel policy implementation and its "legality" and effect on various
				agencies had been challenged before the North Dakota supreme court. By 1990 in
				order for the division to carry out its statutory purpose of establishing a
				unified system of personnel administration for the classified service of the
				state, it was apparent that certain policies had to be adopted as rules in
				accordance with North Dakota Century Code section 28-32-02.
f. In 2003 the legislative assembly approved
				changing the name of the central personnel division to human resource
				management services.