# Title 4 — Management and Budget, Office of

## Article 4-07 — Organization of Human Resource Management Services

## Chapter 4-07-01 — Organization of Human Resource Management Services

### § 4-07-01-01. History, functions, organization of human resource management services.

1. History of human resource management services.
a. The 1975 legislative assembly passed a Central Personnel System Act, codified as North
Dakota Century Code chapter 54-44.3. The Act created the central personnel division as
well as the state personnel board. The division was to establish and maintain
classification and compensation plans as well as establish general policies and rules,
which were to be binding on the affected agencies, relating to a unified system of
personnel administration for the employees in the classified service of the state.
b. From its beginning in 1975, the central personnel division developed general personnel
policies in response to the requirements for a unified system of personnel administration,
requests from the state personnel board, requests from agencies or other officials in the
executive branch, changed requirements in state or federal laws, and various decisions
of the courts. These policies were discussed at meetings of the state personnel board. If
a particular policy was approved by the board, the division would then act to include it
within the North Dakota personnel policies manual. Policies approved and adopted in this
way were then distributed to all state agencies.
c. The policies included in the North Dakota personnel policies manual were to be followed
by all agencies with classified employees. More specifically, merit system agencies were
to strictly follow the policies, but nonmerit system agencies were advised that the policies
formed a "base" for the development of the agencies own policies and procedures.
d. In July of 1981 then Governor Allen Olson issued executive order number 1981-10. That
executive order portrayed the North Dakota personnel policies manual as providing the
assurance that classified employees would be treated fairly and uniformly if the policies
were followed. The executive order identified the state personnel board as the agency
that would hold public meetings to receive comments and approve revisions to the
policies. Governor Olson also ordered that agencies headed by a gubernatorial
appointee adhere to and follow the policies, including the statewide appeal mechanism.
e. However, by late 1986 that manner of personnel policy implementation and its "legality"
and effect on various agencies had been challenged before the North Dakota supreme
court. By 1990 in order for the division to carry out its statutory purpose of establishing a
unified system of personnel administration for the classified service of the state, it was
apparent that certain policies had to be adopted as rules in accordance with North
Dakota Century Code section 28-32-02.
f. In 2003 the legislative assembly approved changing the name of the central personnel
division to human resource management services.
2. Functions of human resource management services. The human resource management
services division provides consultative services to agencies on a multitude of human resource
areas of focus: talent acquisition, total rewards, talent management and development,
operations and digital services, and human resource business partners. Through these areas
of focus, the division collaborates with agencies to address a variety of functions, including
recruitment, performance management, classification, salary administration, discipline,
grievances, investigations, appeals, and federal and state employment requirements. In
addition, the division develops, coordinates, and conducts training and leadership
development programs; plans, coordinates, and leads activities for the statewide human
resource information system; and administers a cooperative education and internship
program. The division provides services related to establishing and maintaining a unified
system of human resource management for the classified service. The division also serves as
secretariat to the state personnel board.

3. Organization of human resource management services.
a. Human resource management services is a division of the office of management and
budget. The division is separate from the state personnel board, although the division
and board work closely together on classification and pay grade issues. The division and
the board each adopts its own rules.
b. Human resource management services has a director and a staff. The director is
appointed by and serves at the pleasure of the director of the office of management and
budget. The director is responsible for the performance of the division as it exercises its
duties and functions. A staff of professional and administrative employees assists the
director.
History: Effective March 1, 1991; amended effective July 1, 1995; November 1, 1996; July 1, 2004;
October 1, 2023.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-01, 54-44.3-11, 54-44.3-12
### § 4-07-01-02. Organization and functions subject to chapter 28-32.

The portions of human resource management services' organization and functions that are subject
to North Dakota Century Code chapter 28-32 are those that involve its authority to adopt policies and
rules relating to a unified system of personnel administration which impose requirements on other
agencies. Human resource management services has the authority to adopt policies, rules, and
procedures in three areas:
1. Subsection 1 of North Dakota Century Code section 54-44.3-12 provides the authority to
establish general policies, rules, and regulations which are binding on the agencies affected,
including those grant-aided agencies that receive federal funds. The rules referred to in this
regard must ensure fairness, enhance greater uniformity in personnel management matters,
and include rules on establishing and maintaining the classification and compensation plans.
2. Subsection 7 of North Dakota Century Code section 54-44.3-12 provides the authority to
develop procedures that must be followed by all state agencies and institutions regarding
salary administration for all employees in the classified service.
3. Subsection 13 of North Dakota Century Code section 54-44.3-12 provides the authority for the
director of human resource management services to adopt rules, subject to the approval of
the board, to ensure compliance with and resolve compliance issues relating to agencies
required by state or federal law or rule to be subject to a merit personnel system.
History: Effective March 1, 1991; amended effective November 1, 1996; July 1, 2004.
General Authority: NDCC 54-44.3-12(1)
Law Implemented: NDCC 54-44.3-12(1), 54-44.3-12(7)
### § 4-07-01-03. Methods the public may use to obtain information.

The public may obtain information, furnish information, or make requests to human resource
management services concerning any of its functions or rules by writing to hrms@nd.gov or telephone
inquiries may be made by calling 701-328-3290 between eight a.m. and five p.m. Monday through
Friday.
History: Effective March 1, 1991; amended effective July 1, 1995; November 1, 1996; July 1, 2004;
October 1, 2023.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-01, 54-44.3-12
