Title 54 — State Government

As used in this chapter, unless the context clearly requires otherwise: 1. "Appointing authority" means the authority to appoint to positions in the classified service and is reserved to officials and heads of departments and agencies within the government. 2. "Board" means the s…

1. The state personnel board is composed of the director, who must be the chairman of the board; one member appointed by the governor; two members elected by employees classified under sections 54-44.3-19 and 54-44.3-20; and one member with a professional human resource backgroun…

Each member of the board is entitled to compensation at the rate of fifty dollars for each day employed in the official duties of the board and other expenses as provided for by law.

The secretary of state shall develop guidelines for a secret ballot election among all employees eligible under sections 54-44.3-19 and 54-44.3-20 to carry out the election of the two members of the board elected by classified employees. All elections of members of the board are …

The board shall organize annually at the first meeting of each fiscal year. It shall meet at least once a year and at such times and places as are specified by call of the chairman or any three members of the board. All meetings must be open to the public. Three members constitut…

The primary responsibility of the board is to foster and assure a system of personnel administration in the classified service of state government. In carrying out this function, the board shall: 1. Adopt any rules and hold any hearings as are necessary to properly perform the du…

The board, as a body, may invite and hear witnesses, and request the production of books and papers or any other physical evidence pertinent to any investigation or hearing authorized by this chapter. Witnesses who testify at the invitation of the board shall receive remuneration…

The division shall serve as the secretariat to the board.

The board may maintain such action or proceeding at law or in equity as the board considers necessary or appropriate to secure compliance with this chapter and its rules and orders thereunder. The attorney general may assign an assistant attorney general as legal adviser and coun…

The director shall direct and supervise, with the approval of the director of the office of management and budget, all the administrative and technical activities of the division. In addition to the duties imposed elsewhere in this chapter, the director shall: 1. Establish genera…

Revisions to the compensation plan may only be made on July first, following the close of a regular legislative session, except that new classifications may be added to the compensation plan during a biennium when deemed necessary by the director. Revisions to the compensation pl…

All departments and agencies covered by the personnel system shall furnish any reasonably necessary, nonprivileged records and information to the division which the division requests, except records made confidential by statute.

The records of the division and the board, except such records as the statutes may require to be held confidential, are public records and must be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the division or …

Records of the division relating to mediation services provided by the division are exempt from section 44-04-18. An employee may not be discharged, disciplined, or penalized concerning the employee's compensation, conditions, location, or other privileges of employment because o…

The director may disapprove the payment for personal service for any person holding a position in the classified service, except a person appointed to a position for the duration of an emergency, if the director determines that the person named therein has not been classified and…

The elected or appointed chief officer of each agency or department of the service shall designate a staff employee to serve as personnel officer for that division of the service to assist the chief officer in that person's duty to administer personnel responsibilities specified …

Whenever the provisions of any law, rule, order, or regulation of the United States or of any federal agency or authority providing or administering federal funds for use in North Dakota require civil service or merit standards or classifications other than those required by the …

The division may enter into agreement with any city or political subdivision of the state to furnish services and facilities of the division to the city or political subdivision in the administration of its personnel on merit principles. Any such agreement must provide for the re…

All positions in the state service are included in the classified service, except: 1. Each official elected by popular vote and each person appointed to fill vacancies in an elective office, one principal assistant, and one private secretary. 2. Members of boards and commissions …

No person may be appointed to or employed in a position in the classified service under a class title which has not been approved by the director as appropriate to the duties to be performed.

No question in any form of application or in any test may be so framed as to elicit any information concerning the political or religious opinions or affiliations of any applicant, nor may any inquiry be made concerning such opinions or affiliations. All disclosures thereof must …

Veterans' preferences must be in accordance with chapter 37-19.1.

All employees in positions which are in the classified service as defined in this chapter and who, prior to July 1, 1975, have served continuously for a period of six months or more, or as regular seasonal employees have satisfactorily served in such positions through one seasona…

1. No person may make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter and the rules.…

Any person who intentionally violates any provision of this chapter is guilty of an infraction and, upon conviction thereof, is, for a period of one year, ineligible for appointment or employment in the classified service.

All personnel and records of the North Dakota merit system council are hereby transferred to the division created by this chapter.

The director shall establish and administer within the executive and legislative branches of state government a program through which college students may receive stipends and academic credit for participating in a cooperative education or internship program. The program must be …

The director is authorized to accept federal funds through grant-aided agencies or directly for the purpose of operating or ensuring operation of a merit personnel system.

All personnel employed by the department of health and human services, the regional offices of that department, job service North Dakota, North Dakota human resource management services, department of environmental quality, and other agencies or political subdivisions as may by f…

A political subdivision subject to the merit system under this chapter may file a request with the division and the commissioner of the department of health and human services or commissioner's designee to be exempted from the merit system. The request must describe a plan and po…

The division and the department of health and human services shall develop oversight and audit procedures for political subdivision merit systems to assure compliance with federal merit system principles. If the division and the department of health and human services determine t…

It is state policy to provide comprehensive purchasing services based upon sound procurement practices and principles wherein, through full competition with fair and equal opportunity to all qualified persons to sell to the state, each state agency and institution shall obtain it…

The office of management and budget shall develop guidelines for a person interested in conducting business with the state. The guidelines must address communications between interested persons and purchasing agencies before, during, and after the procurement process. Procurement…

1. The office of management and budget shall purchase or lease or otherwise arrange for the procurement, for all state agencies and institutions in the executive branch of state government, all materials, furniture, fixtures, printing, insurance, services, and other commodities. …

All services purchased by the office of management and budget or by an agency or institution in the executive branch of state government must comply with the standards and guidelines for procurement of services established by the office of management and budget. 54-44.4-02.2. Spe…

The office of management and budget, in consultation with the office of the attorney general, shall adopt rules related to circumstances under which it is determined to be in the best interest of the state to authorize state officials and employees to make personal purchases from…

The office of management and budget shall adopt, in accordance with the procedures provided by chapter 28-32, rules necessary to administer this chapter. The written directives issued by the director exercising authority provided in sections 54-44.4-02 and 54-44.4-03 need not be …

In the event that two or more bids or proposals contain identical pricing or receive identical evaluation scores, preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in section 44-08-02. 54-44.4-06. All purchases to be mad…

1. The office of management and budget, the institutions of higher education, and any other state agency or institution that has authority to purchase products are encouraged to purchase environmentally preferable products. a. When practicable, specifications for purchasing newsp…

When practicable, the office of management and budget, and any state agency or institution that has authority to purchase paper and paper products, should specify at least twenty-five percent recycled material.

1. The office of management and budget shall establish and maintain a bidders list of persons that desire to be informed of government procurement opportunities. The office of management and budget or the purchasing agency shall notify those on the list when issuing invitation fo…

A person that has a registration requirement with the secretary of state must be registered before the contract execution and the registration must remain active for the duration of the contract period.

1. A contract for commodities or services may be entered by competitive sealed proposals when a determination is made that the use of competitive sealed bidding is either not practicable or not advantageous to the state. The request for proposal must state the relative importance…

1. A procurement not exceeding the amount established by written directive of the director of the office of management and budget or by the state board of higher education under subsection 5 of section 15-10-17 may be made in accordance with small purchase procedures. 2. A small …

1. An interested party may protest the award of a contract, the notice of intent to award a contract, or a solicitation for commodities or services by the office of management and budget or purchasing agency under this chapter. The protest must be submitted in writing or electron…

1. The office of management and budget shall purchase commodities or services as requested by agencies and institutions of higher education and the legislative and judicial branches of state government. 2. The office of management and budget and the agencies and institutions of h…

The purchasing agency and the vendor may negotiate payment terms for all commodities and services procured. If a date for payment is not specified by the contract, payment must be made pursuant to section 13-01.1-01. 54-44.4-13.2. Multiple award vendor pool contracts - Indefinite…

1. The office of management and budget shall establish and maintain a procurement information website on the internet. This procurement information website must provide current information regarding North Dakota government procurement opportunities in order to inform potential ve…

1. As used in this section: a. "Boycott Israel" means engaging in refusals to deal, terminating business activities, or other similar commercial actions intended to limit commercial relations with persons doing business in Israel or in Israeli-controlled territories when the acti…

In this chapter, unless the context or subject matter otherwise requires: 1. "Community action agency" means a not-for-profit corporation that has authority under its charter and bylaws to receive funds to administer community action programs and which was officially designated a…