AGO 81-069.

• Case Date: July 06, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-069. OPINION 81-69Date Issued: July 6, 1981 (AGO 81-69) Requested by: Dale Moug, Director, Department of Accounts and Purchases

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QUESTION PRESENTED - Whether it is appropriate for the State Personnel Board to hear an appeal from an employee of the Highway Department who has been dismissed.- ATTORNEY GENERAL'S OPINION - It is my opinion that there is no statutory basis for an appeal to the State Personnel Board from the dismissal of an employee of the Highway Department. - ANALYSIS - Pursuant to section 24-02-03(4) of the North Dakota Century Code, employees of the Highway Department are subject to dismissal in the discretion of the commissioner. The Highway Department is not a merit system agency, hence dismissals of an employee are not covered by chapter 54-42, N.D.C.C. The one instrument that on its face appears to apply to the dismissal of a highway department employee is Chapter 9 of the North Dakota Personnel Policies. Section 9-1-2 of the North Dakota Personnel Policies provides for an appeal to the State Personnel Board from the dismissal of a classified employee. The apparent basis for this appeals procedure is a directive in section 54-44.3-12.2, N.D.C.C., that the statewide personnel division develop and implement a "statewide appeal mechanism". That section was created in 1979 by a conference committee amendment to the bill which created section 54-44.3-12.1, N.D.C.C., relating to the revision of classification and compensation plans. The...