Current through Supplement No. 394, October, 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.
2.
Functions of human resource management services.
The human resource management services division provides
consultative services to agencies on a multitude of human resource areas of
focus: talent acquisition, total rewards, talent management and development,
operations and digital services, and human resource business partners. Through
these areas of focus, the division collaborates with agencies to address a
variety of functions, including recruitment, performance management,
classification, salary administration, discipline, grievances, investigations,
appeals, and federal and state employment requirements. In addition, the
division develops, coordinates, and conducts training and leadership
development programs; plans, coordinates, and leads activities for the
statewide human resource information system; and administers a cooperative
education and internship program. The division provides services related to
establishing and maintaining a unified system of human resource management for
the classified service. The division also serves as secretariat to the state
personnel board.
3.
Organization of human resource management services.
a. Human resource management services is a
division of the office of management and budget. The division is separate from
the state personnel board, although the division and board work closely
together on classification and pay grade issues. The division and the board
each adopts its own rules.
b. Human
resource management services has a director and a staff. The director is
appointed by and serves at the pleasure of the director of the office of
management and budget. The director is responsible for the performance of the
division as it exercises its duties and functions. A staff of professional and
administrative employees assists the director.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-01, 54-44.3-11,
54-44.3-12