02-04-2008 - Laserfiche WebLink

Commission Minutes-February 4,2008 3319 MOTION, passed Mr. Bennett moved and Mr. Wagner seconded to grant final plat approval of Woods Acres Subdivision, located in Section 36, Township 137N, Range 52W in Cass County, North Dakota. On roll call vote, the motion carried unanimously. 8. TESTIMONY FOR LEGISLATIVE HEARING, Proposed rules for state merit system Bonnie Johnson, County Administrator, discussed proposed administrative rules regarding the state merit system submitted to commissioners last month by Kathy Hogan, Social Services Director. Mrs. Johnson said Senate Bill (SB) 2321 passed into law during the last legislative session allows counties to opt out of the merit system. She believes the legislative intent was to allow the state and counties to stream line personnel systems to ensure operational procedures work at the local level. After reviewing the proposed regulations, she questioned whether the legislative intent is being followed. She referred to handouts on SB 2321, Code of Federal Regulations and proposed amendments to administrative rules. The first administrative hearing is set for February 27, 2008, and comments are due by March 10th. She said the current opt out regulations seem to preclude "at-will" employment, which is the standard for the State of North Dakota for all employees, except merit system employees. She said it appears by failing to opt out will require additional unfunded mandates for all counties and outlined six items relating to this issue. She contacted the North Dakota Association of Counties to discuss the unfunded mandates and she spoke with Senator Tom Fischer, Chairman of the Administrative Rules Committee. Senator Fischer spoke with state officials and two of the six items have been reversed. Senator Fischer is working with the Legislative Council on the other issues. Mrs. Johnson asked if the commission wants to take a position on the amendments and comment on the proposed rules. Mr. Wagner does not believe the proposed rules are in the best interest of Cass County and are opposite of current Cass County policies. He discussed the merit system legislation and said he has been a supporter of merging Social Services employees frozen in the state system into the county's system. He feels the proposed rules are not consistent with the legislative intent and suggests the county provide written documentation regarding their concerns. Mrs. Johnson also said the proposed rules mandate "probationary" employment, which is part of the "for cause" standard. She asked how the board wishes to proceed with the issue regarding "at-will" versus "for cause" employment because, if unanswered, it does not provide the county the ability to opt out. Mr. Wagner suggested the county request an Attorney General's opinion on this question. MOTION, passed Mr. Wagner moved and Mr. Vanyo seconded to direct the County Administrator to prepare written testimony for submission to the hearing officer by the necessary date and to direct the County Administrator to forward the proposed testimony for commissioner review 10 days in advance of the mailing so they might make changes to the draft, if desired; and furthermore, ask the North Dakota Human Resource Management Services to request an Attorney General's opinion on the issue of "at-will" and "for cause" employment and opting out of the state merit system. Discussion: Mrs. Hogan supports the motion in order to resolve the issue. She said administrative hearings typically are done