December 10, 2010
Bismarck, ND
Members Present: Hon. M. Richard Geiger, Chair; Jerrold Arneson; Hon. Gail Hagerty; Hon.
Carol Ronning Kapsner; Kari Landsem; Ross Munns; Rod Olson; and Ted
Smith
Members Absent: Hon. John T. Paulson
Others Present: Sally Holewa, ex offico
Amy Klein, staff
Lee Ann Barnhardt, guest
Renee Barnaby, minutes
Chair Geiger called the meeting to order at 9:00 a.m..
[Due to technical difficulties with the recording equipment, the Board’s discussion will not be
reflected in the minutes.]
Minutes
It was moved Rod Olson, seconded by Jerrold Arneson, to approve the minutes of August
20, 2010 meeting. The motion carried.
It was moved by Ted Smith, seconded by Jerrold Arneson, to approve the minutes of
September 20, 2010 meeting. The motion carried.
Request for Accountant Analyst Reclassification
Amy Klein explained the Board has before it a request to reclassify the Accountant Analyst
position. After reviewing the position and applying the Court System’s classification matrix
system, she recommends the position be reclassified from a pay grade 14 to a pay grade 15.
It was moved by Rod Olson, seconded by Jerrold Arneson, to reclassify the Account
Analyst position from a pay grade 14 to a pay grade 15. After brief discussion, the motion
carried and will be forwarded to the Supreme Court for consideration.
Request to Amend the Electronic Court Recorder Classification to Require a Certification
Ms. Klein explained the proposal before the Board is to amend the electronic court recorder-district judge classification qualifications to require a certification or the ability to obtain the
certificate within two years of entry into the position. The qualifications also require electronic
court recorders be re-certified every four years in order to maintain employment.
Lee Ann Barnhardt spoke to the Board on behalf of the Digital Recording Workgroup regarding
the concerns and logistics of the certification. The certification training/testing time requires 1½
days preparation, a ½ day for written and practical testing on electronic practice, and a ½ day for
transcription testing. Tests are only performed October through April.
After discussion, it was moved by Judge Hagerty, seconded by Rod Olson, to direct the
workgroup to develop a proposal specific to our own state’s needs. The motion carried.
It was moved by Rod Olson, seconded by Justice Kapsner, to support the certification of
electronic court recorders. The motion carried.
Ms. Barnhardt will proceed with the training and will also add a training session for the judges.
Request for New Classification of Assistant Unit Trial Court Administrator Position
At the August meeting, the Board voted to table approval of the Assistant Unit Trial Court
Administrator classification for the purpose of assigning a task force to review the proposed
classification and present alternatives. After having an opportunity to discuss the proposed
classification, the task force is now proposing the required experience be changed from five to
three years and include supervision as designated. The task force is recommending the Assistant
Unit Trial Court Administrator position replace the Trial Court Manager job classification.
It was moved by Judge Hagerty, seconded by Rod Olson, to amend the original proposed
job classification and replace it with the current proposal on pages 16 through 20 of the
meeting materials. The classification will eliminate Trial Court Manager position. After
discussion, the motion carried with Ross Munns abstaining. The classification will be
forwarded to the Supreme Court for consideration.
Review Comments Received on Proposed Personnel Policies
Definitions
After reviewing the comments, it was the consensus of the Board to bold the defined words.
Introductory Period (103)
It was moved by Kari Landsem, seconded by Justice Kapsner, to strike the word
“separated” in paragraph C4, line 1, and insert the word “terminated”. The motion
carried.
It was moved by Ted Smith, seconded by Ross Munns, to strike paragraph C4, and rewrite
paragraph B to read as follows: “All employees in the introductory period are at will
employees. At will employment is employment which may be terminated by the Court
System or an employee at any time without case and without the right to use the Dismissal
or Reduction in Force Appeal process of the Conflict Resolution policy and without
notice.”
It was moved by Justice Kapsner, seconded by Ted Smith, to amend the motion to change
section C to B and modify paragraph C to read as follows:
“C. All employees in the introductory period are at will employees.
1. At will employment is employment which may be terminated by the Court
System or an employee at any time without cause and without the right to use
the Dismissal or Reduction in Force Appeal process of the Conflict
Resolution policy and without notice.
2. A supervisor will seek approval from the employee’s appointing authority
and guidance from the Human Resource Director whenever the supervisor
plans to terminate employment or extend the introductory period.”
The motion carried.
It was moved by Ross Munns, seconded by Judge Hagerty, to strike the last sentence in the
new section B, and insert a new section D as follows:
“D. The following additional provisions apply:”.
Subsections 1 through 3 currently under the new section B will be inserted under section D.
The motion carried.
It was moved by Judge Hagerty, seconded by Ross Munns, to strike the word “will” under
paragraph C2, line 1, and insert the word “must”. The motion carried.
Supervisory Status (104)
It was moved by Ross Munns, seconded by Kari Landsem, to strike the definition for
“supervisor” in paragraph A and substitute the original definition contained on page 433
as follows:
“A. Supervisor. A supervisor is an employee or appointing authority who has the ability
or whose suggestions and recommendations are given particular weight to
undertake a majority of the following supervisory functions in the interests of the
Court System: appoint, employ hire, assign and direct work, transfer, promote,
evaluate, reward, discipline, suspend, demote, or terminate an employee.”
The motion carried. It was the consensus of the Board to change the definition of “supervisor”
on the definitions page as well.
It was moved by Ted Smith, seconded by Justice Kapsner, to strike the words “defined as”
in paragraph B, line 2. The motion carried.
It was the consensus of the Board to strike the word “Trial” from the job title Trial Court
Administrators in sections B8 and B9 or on any other policy contained in the handbook.
Work Schedule (105)
The comments were reviewed and no changes were made to the policy.
Overtime (106)
It was moved by Justice Kapsner, seconded by Rod Olson, to amend section A and the first
line of section B to read as follows:
“A. Exempt Employees
1. Exempt employees working over 40 hours in a work week are not eligible for
overtime pay.
2. In exceptional circumstances, supervisors, with the approval of the
appointing authority, have the discretion to allow exempt employees
compensatory time when exempt employees work beyond the regular work
week.
B. Non-Exempt Employees”.
The motion carried.
It was moved by Judge Hagerty, seconded by Justice Kapsner, to strike the word “will” in
paragraph B2, line 1, and insert the word “must”. The motion carried.
Pay Deductions (107)
It was moved by Kari Landsem, seconded by Ross Munns, to strike the words “wage
replacement” in section A, section B1, and section B2. In section A, line 2, the words
“annual, sick, or other” will be inserted after the words “Court System’s”; in section B1,
line 2, the words “annual or other leave” will be inserted after the word “accrued”; and in
section B2, line 2, the words “annual or sick leave” will be inserted after the word
“accrued”. The motion carried.
It was moved by Ross Munns, seconded by Ross Olson, in section B, line 2, to insert the
word “work” before the word “week”, and in line 3, delete the word “only”. The motion
carried.
It was moved by Judge Hagerty, seconded by Ross Munns, to delete section B5 and
renumber accordingly. The motion carried.
It was moved by Justice Kapsner, seconded by Kari Landsem, to insert a new section C as
follows and renumber accordingly:
“C. The Court System may deduct advances and other individual items authorized in
writing by exempt and non-exempt employees.”
The motion carried.
On-Call Requirements (109)
The comments were reviewed and no changes were made to the policy.
Americans With Disabilities Act (111)
It was moved by Judge Hagerty, seconded by Ross Munns, to strike the word “such” in
section A1, line 3, and insert the word “that”. The motion carried.
Absenteeism and Tardiness (112)
It was moved by Judge Hagerty, seconded by Kari Landsem, to strike the words “Court
System reserves the right” in section D and insert the words “supervisor may”. The motion
carried.
It was moved by Kari Landsem, seconded by Justice Kapsner, to insert the word
“consecutive” after the word “three” in section D, line 3. The motion carried.
It was moved by Rod Olson, seconded by Kari Landsem, to insert the words “if possible”
after the words “required to call” in section C, line 3. The motion carried.
It was moved by Justice Kapsner, seconded by Judge Hagerty, to rephrase section E1 to
read as follows: "Excessive absence or tardiness is defined as a documented pattern of
unscheduled absences or tardiness regardless of the reason." The motion carried.
It was moved by Judge Hagerty, seconded by Ross Munns, to strike the word "Regular" in
sections E3b and E3c and insert the word "Approved". The motion carried.
It was the consensus of the Board to send the policy out to employees for further comment.
Nepotism (113)
It was moved by Rod Olson, seconded by Kari Landsem, to add the words "or
grandparent" to section A7. The motion carried.
It was moved by Judge Hagerty, seconded by Ross Munns, to modify section A4 to read as
follows: "Sibling, half-sibling, or step-sibling;". The motion carried.
It was moved by Justice Kapsner, seconded by Kari Landsem, to eliminate section B and
renumber accordingly. The motion carried.
Fraternization (114)
The comments were reviewed and no changes were made to the policy.
Harassment (115)
The comments were reviewed and no changes were made to the policy.
Inclement Weather (118)
The Board discussed the comment and determined if the courts are closed and an employee is
required to work, the employee is entitled to time and half. It was moved by Judge Hagerty,
seconded by Rod Olson, to strike the word "compensation" in section B, line 3, and insert
the words "compensatory time." The motion carried.
Time to Vote (119)
By consensus, the word "employees" in section B, line 2, will changed to "the employee".
It was moved by Judge Hagerty, seconded by Rod Olson, to strike the words "time off from
work" in section B, line 2, and insert the words "annual leave". The motion carried.
It was the consensus of the Board to send the policy out to employees for further comment.
Personnel Records (120)
It was moved by Judge Hagerty, seconded by Kari Landsem, to modify section A3,
paragraph 2, to read as follows: "If the employee refuses to sign the acknowledgment, both
the person who discussed the document with the employee and a witness must verify in
writing on the document that the employee was shown the document, was asked to sign the
document, and refused to sign the document." The motion carried.
Professional Development (123)
It was the consensus of the Board to strike the words “not provide” under section 3b, line 3, and
insert the word “revoke”.
Service and Retirement Awards (124)
The comments were reviewed and no changes were made to the policy.
Chair Elect
It was moved by Ross Munns, seconded by Rod Olson, to nominate Judge Hagerty as chair
elect of the Personnel Policy Board. The motion carried.
Chair Elect Hagerty thanked Chair Geiger for the time and dedication he has given to the Board
over the last several years. She presented him with a scrapbook of letters of appreciation.
The next meeting is scheduled for February 18, 2011; however, if the January 14 Administrative
Council meeting is cancelled, it may be a potential meeting date for the Board. Ms. Klein be in
contact with the Board members.
It was moved by Chair Geiger to adjourn the meeting. The motion carried.