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<br />CASSCOUNTY <br />GOVERNMENT <br /> <br />" ~~h)b; t- d-. h <br /> <br /> <br />February 15, 2008 <br /> <br />Board o.f ~ounty Laurie Sterioti Hammeren, Director <br />ConumsslonerS North Dakota Human Resource Management Services <br />600 East Boulevard Avenue Dept 113 <br />Scott Wagner Bismarck ND 58505-0120 <br />Fargo, North Dakota <br /> <br />VemBennett RE: NORTH DAKOTA ADMINISTRATIVE CODE 4-07(1-17) <br />Fargo, North Dakota MERIT SYSTEM AMENDMENTS <br /> <br />Ken Pawluk <br />Fargo, North Dakota <br /> <br />Dear Ms. Sterioti Hammeren: <br /> <br />Robyn Sorum <br />Horace, North Dakota <br /> <br />Cass County received a copy of a notice from your agency, the North <br />Dakota Human Resource Management Services, which included proposed <br />rules for the state merit system "opt out" legislation. As you know, SB 2321 <br />(attached Exhibit A) was passed by the North Dakota Legislature in the last <br />legislative session. These proposed administrative rules seek to implement <br />that legislative goal. <br /> <br />Darrell W Vanyo <br />West Fargo, North Dakota <br /> <br />Cass County has undertaken a thorough review of the amendments and is <br />very disappointed by the proposed strategies in attempting to create a <br />uniform personnel system in local government. Perhaps our county's <br />assumption of creating a unified personnel system, reducing pay inequities, <br />and ensuring equitable treatment for all of our employees was not the <br />expectation of the legislature. The proposed rules clearly do nothing to <br />achieve those stated objectives. In fact, Cass County will cite specific <br />instances in the proposed administrative rules that will further divide the two <br />systems. <br /> <br />OVERVIEW <br /> <br />Cass County, as well as all other counties in North Dakota, along with many <br />states in the country, operates under the doctrine of "at-will employment". <br />NDCC 34-03-01 states that "employment without a definite term is <br />presumed to be at-will, and an at-will employee may be terminated with or <br />without cause." <br /> <br />Heather Worden <br />Commission Assistant <br /> <br />Social Service employees became a part of the state merit system under <br />early provisions of the Code of Federal Regulations (CFR), Title 5, Volume <br />2, Subpart F. In earlier regulations, there was a specific requirement that <br />stated in part, "the requirements provide that permanent employees will not <br />be subject to separation except for cause or such reasons as curtailment <br />of work or lack of funds." . <br /> <br />Box 2806 <br />211 Ninth Street South <br />Fargo, North Dakota 58108 <br /> <br />701-241-5609 <br />Fax 701-241-5728 <br />www.casscountygov.com <br />