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Rule 3-402.  Human resources administration.

Intent:

To establish guidelines for the administration of a human resources system for the judiciary.

Applicability:

This rule shall apply to all state employees in the judicial branch.

Statement of the Rule:

(1)        A department of human resources is established within the Administrative Office to direct and coordinate the human resources activities of the judiciary.

(2)        The department of human resources shall provide the necessary human resources services to the judiciary in compliance with the state constitution, state statute, and this Code. The department of human resources shall keep all state employees in the judicial branch informed of benefits, compensation, retirement, and other human resources related matters.

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

(3)(A)        shall include classification of exempt and non-exempt positions, guidelines governing recruitment, selection, classification, compensation, working conditions, grievances and other areas deemed necessary; and

(3)(B)        shall be based upon the following merit principles:

(3)(B)(i)        the recruitment, selection and promotion of employees based upon relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointment;

(3)(B)(ii)       a salary schedule which provides for equitable and adequate compensation based upon studies conducted every three years of the salary levels of comparable positions 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 separating employees whose inadequate performance cannot be corrected;

(3)(B)(iv)      fair treatment in all aspects of human resources administration without regard to race, color, religion, sex, national origin, age, creed, disability, political affiliation or other non-merit factors and proper regard for employees' constitutional and statutory rights as citizens; and

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

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

(5)        Human resources policies and procedures and a Code of Ethics for non-judicial employees shall be adopted by the Council in accordance with the rulemaking provisions of this Code and shall be reviewed every three years.

(5)(A)        There is established a human resources policy and procedure review committee responsible for making and reviewing proposals for repealing human resources policies and procedures and promulgating new and amended human resources policies and procedures. The committee shall consist of the following voting members, which, where indicated, must be selected by majority vote of the entire body of the specified group:

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

(5)(A)(ii)       two trial court executives, selected by the trial court executives;

(5)(A)(iii)      three clerks of court (one juvenile, one district, and one appellate), selected by the clerks of court;

(5)(A)(iv)      a chief probation officer from the juvenile court, selected by the chief probation officers; and

(5)(A)(v)       a case manager, selected by the clerks of court.

(5)(B)        The chair of the committee shall be designated by the state court administrator. Other members of the committee shall be appointed in a manner consistent with Rule 1-205. The department of human resources shall provide necessary support to the committee.  Other non-voting members may be assigned by the Policy and Planning Committee, as necessary to assist the committee.

(5)(C)        Pursuant to Rule 1-204, new and amended policies and procedures, or repeals, recommended by the committee shall be reviewed by the Policy and Planning Committee prior to being submitted by the Policy and Planning Committee to the Judicial Council.

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

(7)        An official human resources file for each employee shall be maintained in the Administrative 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 disciplinary action and supporting documentation, letters of commendation, job applications and payroll and benefits information.

Effective September 1, 2019