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<br />CASSCOUNlY <br />GOVERNMENT <br />..I.. <br /> <br />County <br />Administrator <br /> <br />Bonnie Johnson <br /> <br />Box 2806 <br />211 Ninth Street South <br />Fargo, North Dakota 58108 <br /> <br />701-241-5720 <br />Fax: 701-297-6020 <br />www.casscountynd.gov <br /> <br />MEMO <br /> <br />TO: <br /> <br />Cass County Commissioners <br />Bonnie Johnson ~ <br /> <br />FROM: <br /> <br />DATE: <br /> <br />January 28, 2008 <br /> <br />SUBJECT: State Merit System Proposed Rules <br /> <br />======================================================= <br /> <br />The following are attached for your review: <br /> <br />. SB 2321 North Dakota Legislation to allow counties to opt out of <br />the State Merit System (Exhibit A) <br /> <br />. Code of Federal Regulations (Exhibit B) <br /> <br />. Amendments to Article 4-07 (Exhibit C) <br /> <br />I. First administrative hearing set for February 2th; comments are <br />due by March 10th <br /> <br />A. Current opt out regulations preclude "At-Will" employment <br /> <br />B. Failure to opt out requires additional unfunded mandates for all <br />cou nties <br /> <br />a. Recommended annual leave schedule changed to <br />required (4-07-12-04) <br />b. Employer may accept transfer of accrued annual <br />leave changed to shall accept (4-07-12-13) <br />c. Annual leave re-employment changed from one to three <br />years-the county has one (4-07-12-12) <br />d. Employer may accept accrued sick leave changed to shall <br />accept (4-07-13-12) <br />e. Mandates re-employment following a reduction in force if all <br />conditions are met; county has no mandated re-employment <br />policy (4-07-11-07) <br />f. Mandates probationary employment (4-07-28-02) <br /> <br />II. North Dakota is an "At-Will" Employer-NDCC 34-03-01 <br /> <br />III. Discussion on preparing county testimony <br /> <br />SUGGESTED MOTION: <br />Move to direct the County Administrator to prepare written testimony for <br />submission to the hearing officer by the necessary date and to direct the <br />county administrator to forward the proposed testimony for commissioner <br />review 10 days in advance of the mailing so they might make changes to <br />the draft, if desired. <br /> <br />K:\BJ\MERIT SYSTEM MEMO.doc <br />