Section 4-07-01-01 - History, functions, organization of human resource management services1.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.N.D. Admin Code 4-07-01-01
Effective March 1, 1991; amended effective July 1, 1995; November 1, 1996; July 1, 2004.Amended by Administrative Rules Supplement 2023-390, October 2023, effective 10/1/2023.General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-01, 54-44.3-11, 54-44.3-12