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Rule 3-402. Human resources administration.


To establishguidelines for the administration of a human resources system for thejudiciary.


This rule shallapply to all state employees in the judicial branch.

Statement ofthe Rule:

(1) Adepartment of human resources is established within the Administrative Officeto direct and coordinate the human resources activities of the judiciary.

(2) Thedepartment of human resources shall provide the necessary human resourcesservices to the judiciary in compliance with the state constitution, statestatute and this Code. The department of human resources shall keep all stateemployees in the judicial branch informed of benefits, compensation, retirementand other human resources related matters.

(3) The humanresources policies and procedures for non-judicial employees:

(3)(A) shallinclude classification of exempt and non-exempt positions, guidelines governingrecruitment, selection, classification, compensation, working conditions,grievances and other areas deemed necessary; and

(3)(B) shall bebased upon the following merit principles:

(3)(B)(i) The recruitment, selection and promotion of employees isbased on relative ability, knowledge and skills, including open considerationof qualified applicants for initial appointment.

(3)(B)(ii) Asalary schedule which provides for equitable and adequate compensation basedupon studies conducted every three years of the salary levels of comparablepositions in both the public and private sector and available funds.

(3)(B)(iii)Employee retention on the basis of adequate performance. Where appropriate,provision will be made for correcting inadequate performance and separatingemployees whose inadequate performance cannot be corrected.

(3)(B)(iv) Fairtreatment in all aspects of human resources administration without regard torace, color, religion, sex, national origin, age, creed, disability, politicalaffiliation or other nonmerit factors and properregard for employees' constitutional and statutory rights as citizens.

(3)(B)(v)Notification to employees and an explanation of their political rights andprohibited employment practices.

(4) The statecourt level administrator shall be responsible for the day-to-dayadministration of the human resources system within that court level. Adirector of human resources, appointed by the State Court Administrator, shallbe responsible for directing and coordinating the human resources activities ofthe human resources system and will assist the state level administrators andcourt executives with human resources related matters.

(5) Humanresources policies and procedures and a Code of Ethics for non-judicialemployees shall be adopted by the Council in accordance with the rulemakingprovisions of this Code and shall be reviewed every three years.

(5)(A) There isestablished a human resources policy and procedure review committee responsiblefor making and reviewing proposals for repealing human resources policies andprocedures and promulgating new and amended human resources policies andprocedures. The committee shall consist of:

(5)(A)(i) the director of human resources;

(5)(A)(ii) twotrial court executives;

(5)(A)(iii) adistrict court clerk of court;

(5)(A)(iv) ajuvenile court clerk of court;

(5)(A)(v) aprobation supervisor from the juvenile court; and

(5)(A)(vi) anassistant clerk of court from the district court or circuit court.

(5)(B) Thechair of the committee shall be designated by the director in consultation withthe state court administrator. Other members of the committee shall be appointedin a manner consistent with Rule 1-205. The department of human resources shallprovide necessary support.

(5)(C) New andamended policies and procedures recommended by the committee shall be reviewedby the court executives prior to being submitted to the Judicial Council. TheCourt Executives may endorse or amend the draft policies and procedures orreturn the draft policies and procedures to the committee for furtherconsideration.

(6) A grievancereview panel is established within the grievance process to sit as aquasi-judicial body and review any action taken under the authority of thejudiciary's human resources procedures and which pertains to employeepromotions, dismissals, demotions, wages, salary, violations of human resourcesrules, benefits, reductions in force and disciplinary actions.

(7) An officialhuman resources file for each employee shall be maintained in theAdministrative Office and shall include the following records: leave records,education records, biographical information, performance plans and appraisals,records of official human resources action, records of official disciplinaryaction and supporting documentation, letters of commendation, job applications andpayroll and benefits information.