2. Merit system amendments - Laserfiche WebLink

-- .'. ../' ,t;-kn, VI"} LJ NORTH DAKOTA HUMAN RESOURCE MANAGEMENT SERVICES A Division of the Office of Management & Budget 600 E. Boulevard - 14th Floor, Dept. 113 Bismarck, North Dakota 58505-0120 www.discovernd.com/hrms Iuformation: 701-328-3290 TTY: 1-800-366-6888 Director: 701-328-3293 Fax: 701-328-1475 October 19, 2004 Mr. Darrell Vanyo Cass County Portfolio Commissioner P.O. Box 2806 Fargo, ND 58108 Dear Commissioner Vanyo: The following information is being submitted to you based on your request at the meeting October 14, 2004, at which the taskforce discussed the proposed legislation that would authorize political subdivisions to request an exemption from coverage under the state merit system. The North Dakota merit system is ,.. based. c;>n the six merit principles listed in the Code of Federal Regulations, TitleS, Volume 2, Subpart F: Standards for a Merit System of Personnel Administration [5CFR 900.603(a)]. . In earlier publications of the Federal Register, specific requirements were listed for each merit principle. Layoffs, separations, and employee evaluations are grouped under Merit Principle number four which states in part: "The requirements provide that permanent employees will not be subject to separation except for cause or such reasons as curtailment of work or lack of funds." The text also requires an " impartial process" for appeal. Merit Principle number four in the most recent Federal Register refers to the following language: "Ret~ining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected." Our interpretation is that this principle intends a "for cause" employment standard for any unit of government that follows the Standards for a Merit System of Personnel Administration. !t is for this reason that we believe a "for cause" employment standard requirement for any local county social service merit system is in keeping with the intent of the Federal Standards, and that a county plan without a "for cause" employment standard requirement would not be approved. Thank you for your participation on the taskforce. If I can be of other assistance, please do not hesitate to contact me. Sincerely, cd~~~ Laurie Sterioti Hammeren, SPHR . Director. cc: Kathy Hogan, Director, Cass County$ocial Services Marshall Flagg, HR Manager, DHS .