Administrative Rule 33 - PROCEDURE FOR ADOPTION OR AMENDMENT OF ADMINISTRATIVE POLICIES RELATING TO PERSONNEL
Effective Date: 6/1/2009
Obsolete Date: 6/1/2011
Section 1. Statement of Authority and Policy.
Pursuant to Article VI, Section 3 of the North Dakota Constitution and Section 270205.1, 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 the Personnel Policy Board.
(1) The Personnel Policy 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 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 15 days prior to forwarding the recommendation.
(2) Following the comment period, the board may submit its recommendation to the Supreme Court. 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. 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 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 personnel policy board for action; or
(2) if expedited action is required, by immediately adopting a policy on an interim basis and notifying the personnel policy 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 policy 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 September 2, 1998, at Bismarck, North Dakota.
Gerald W. VandeWalle, Chief Justice
Herbert L. Meschke, Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
ATTEST:
Penny Miller, Clerk
[Adopted effective July 1, 1991; Amended effective January 1, 1999; Amended effective June 1, 2009.]
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.