Administrative Rule 33 - PROCEDURE FOR ADOPTION OR AMENDMENT OF ADMINISTRATIVE POLICIES RELATING TO PERSONNEL
Effective Date: 7/1/1991
Obsolete Date: 1/1/1999
Section 1. Statement of Authority and Policy.
Pursuant to Article VI, Section 3 of the North Dakota Constitution and Section 27-02-05.1, NDCC, the Supreme Court has the authority and responsibility to establish personnel policies, procedures, qualifications, duties and compensation for court personnel.
It is the intent of the North Dakota Judicial System to formalize a process whereby the creation and amendment of personnel policies is carried out with full involvement of the judges and personnel of the North Dakota Judicial System.
Section 2. Effect of Policies.
All actions relating to classified judicial system employees including, but not limited to, hiring, promoting, compensating, disciplining, dismissing, accumulating fringe benefits, and taking leave, shall be carried out in accordance with policies adopted by the Supreme Court.
Section 3. Establishment or Amendment of a Personnel Policy.
A. Initiated by a Personnel Advisory Board.
(1) Either the Supreme Court Personnel Advisory Board or the District Court Personnel Advisory Board may recommend to the Supreme Court a new policy or an amendment to an existing policy. Before forwarding the recommendation, the board shall elicit comment by:
(a) notifying the chair of the companion personnel advisory board of the recommendation at least 45 days in advance of forwarding the recommendation; and
(b) notifying the judges and personnel of the judicial system by sending copies of the recommendation to each judicial district on the District Court level and each department head on the Supreme Court level at least 45 days prior to forwarding the recommendation.
(2) Following the comment period, the board may submit its recommendation to the Supreme Court with a final copy to the chairperson of the companion board. When submitting a proposal to the Supreme Court, the chairperson of the board may request a personal appearance to present the proposal.
(3) If it is determined by the board that circumstances require expedited action, the notification time-frames may be suspended and recommendations made immediately to the Supreme Court along with the justification of the expedited recommendation and notification to the chairperson of the companion board. When submitting a proposal to the Supreme Court, the chairperson of the board may request a personal appearance to present the proposals.
(4) The Supreme Court shall act on the advisory board's recommendation.
B. Initiated by Supreme Court.
The Supreme Court may initiate or amend personnel policies:
(1) by referring the proposed policy to the appropriate personnel advisory board for action; or
(2) if expedited action is required, by immediately adopting a policy on an interim basis and notifying the personnel advisory board of its action pending comment and recommendation.
C. Initiated by Personnel or Committees.
Committees of the Supreme Court, Committees of the Judicial Conference or individuals may initiate personnel policies by forwarding the proposed policy or amendments to the appropriate personnel advisory board. The board shall place the proposal on its agenda and consider it as deemed appropriate by the board. The board shall notify the initiating party of any final action taken on the proposal.
Dated this 22nd day of May, 1991.
Ralph J. Erickstad, Chief Justice
Gerald W. VandeWalle, Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice
ATTEST:
Penny Miller, Deputy Clerk
(The Honorable H.F. Gierke III being absent did not participate.)
[Adopted effective July 1, 1991.]
Rule 33 was adopted effective July 1, 1991 and amended, effective January 1, 1999; June 1, 2009; June 1, 2011; March 6, 2013; March 1, 2016; January 1, 2020; April 11, 2021.
Subsection 4(a)(l) was amended effective January 1, 2020, to reflect that the personnel policy board decides classification and pay grade on reconsideration rather than appeal.
Subsection 6(a)(4) was added, effective January 1, 2020, to eliminate repetitive phrases in subsection 6(a)(2) and (a)(3).
Section 8 was added, effective January 1, 2020, to correspond with and clarify amendments to Administrative Rule 41 providing greater access to court records. Section 8 sets out the process for employee grievance appeals and provides that information related to employee grievance appeals is not publicly accessible.