2. Merit system amendments - Laserfiche WebLink

Ms. Laurie Sterioti Hammeren February 15, 2008 Page 2 This section, however, has been amended and now reads, "Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected." Based on this change in the federal regulations, of which I have attached a copy noted as Exhibit B, Cass County wishes to challenge the proposed rules and their processes as outlined. Prior to the passage of SB 2321 , conversations of record exist between our two agencies which reflect a difference of opinion on the interpretation of the federal regulations as noted in Exhibit B, which "recognizes fully the rights, powers, and responsibilities of state and local governments and encourages innovation and allows for diversity among state and local governments in the design, execution, and management of their systems of personnel administration, as provided by that Act." (Section 900.601 (a)) REQUEST FOR ATTORNEY GENERAL'S OPINION The Cass County Board of Commissioners would like to resolve this issue for the long term and would ask that your agency seek an Attorney General's opinion regarding this question. That conclusion will allow our county to decide, once and for all, whether using the "opt out" provisions established by state law will enable us to create one uniform compensation system. AT-WILL CONSIDERATIONS Our county policy manual has been reviewed on several occasions by three different legal firms in Fargo. Based on their advice, Cass County policy has never had a "probationary period". This eliminates any employee from believing that once you have completed your "job probation" that you have become a "permanent employee" and have a property interest in your job. Absent a separate employment contract, guaranteeing job security, all employment is presumed to be at-will, permitting the employer to discharge the employee for any reason, so long as no statute is violated. The only employee in Cass County Government who has a contract for employment is our Social Service Director, based on the existing merit system status. In North Dakota, teachers generally enter into contracts with their school boards which in turn create a property right in their jobs. Government employees generally do not have contracts and no property rights to their jobs. In North Dakota, when Workforce Safety and Insurance (formerly Workers' Compensation Bureau) dropped out of the state merit system in 1995, they became and still remain "at-will" employees.