Rule 3-402.? Human resourcesadministration.
To establish guidelinesfor the administration of a human resources system for the judiciary.
This rule shall apply to all non-judicialofficer employees in the judicial branch.
Statement of the Rule:
(1)?? A department of human resources isestablished within the Administrative Office to guide the human resourcesactivities of the judiciary.
(2)??The department of human resources shall provide the necessary humanresources services to the judiciary in compliance with the state constitution,state statute, and this Code. The department of human resources shall provideall state employees in the judicial branch information regarding benefits,compensation, retirement, and other human resources related matters.
(3)??The human resources policies for non-judicial officer employees:
(3)(A)?? shall include classification of careerservice exempt (at-will) and non-exempt jobs, designation of FLSA exempt andnon-exempt jobs, guidelines governing recruitment, selection, classification,compensation, working conditions, grievances and other areas deemed necessary;and
(3)(B)?? shall be based uponthe following merit principles:
(3)(B)(i)?? the recruitment,selection and promotion of employees based upon relative ability, knowledge andskills, including open consideration of qualified applicants for initialappointment;
(3)(B)(ii)? a salary schedule which provides forequitable and adequate compensation based upon current job market data gatheredat least every three years including salary levels of comparable positions inboth the public and private sector, local labor market information and trends,other relevant data, and available funds;
(3)(B)(iii)? employee retention on the basis ofperformance that enhances and/or advances the mission of the judiciary?whereappropriate, provision will be made for correcting performance and separatingemployees whose performance or misconduct interferes with or fails to advancethe mission of the judiciary;
(3)(B)(iv)? fair treatment in all aspects of humanresources administration without regard to sex, gender, age, ancestry, nationalorigin, race, color, religious creed, mental or physical disability or medicalcondition, sexual orientation, gender identity or expression, marital status,military or veteran status, genetic information, or any other categoryprotected by federal, state or applicable local law; and
(3)(B)(v)? notification toemployees and an explanation of their political rights and prohibitedemployment practices.
(4)??The state court level administrator shall be responsible for theday-to-day administration of the human resources system within that courtlevel. A director of human resources, appointed by the State CourtAdministrator, shall be responsible for effective governance of the humanresources department and will assist the state level administrators, courtexecutives and other managers with human resources related matters.
(5)??Human resources policies, including a Code of Ethics for non-judicialofficer employees, shall be adopted by the Council in accordance with therulemaking provisions of this Code.
(5)(A)?? There is established a Human Resources PolicyReview Committee responsible for making and reviewing proposals for humanresources policy amendments. The committee shall review human resource policiesat least every three years. The committee shall consist of the following votingmembers, which, where indicated, must be selected by majority vote of theentire body of the specified group:
(5)(A)(i)?? the director ofhuman resources;
(5)(A)(ii)? two trial courtexecutives, selected by the trial court executives;
(5)(A)(iii) threeclerks of court (one juvenile, one district, and one appellate), selected bythe clerks of court;
(5)(A)(iv) achief probation officer from the juvenile court, selected by the chiefprobation officers; and
(5)(A)(v)? a case manager,selected by the clerks of court.
(5)(B)?? The chair of the committee shall bedesignated by the state court administrator. Other members of the committeeshall be appointed in a manner consistent with Rule 1-205. The department ofhuman resources shall provide necessary support to the committee.? Other non-voting members may be assigned bythe Policy and Planning Committee, as necessary to assist the committee.
(5)(C)?? Pursuant to Rule 1-204, new and amendedpolicies, or repeals, recommended by the committee shall be reviewed by thePolicy and Planning Committee prior to being submitted by the Policy andPlanning Committee to the Judicial Council.
(6)??A grievance review panel is established within the grievance process tosit as a quasi-judicial body and review any action taken under the authority ofthe judiciary's human resources policies and which pertains to decisionsregarding employee promotions, dismissals, demotions, suspensions, reductionsin force, wages/salary if an employee is not placed within the salary range ofthe employee?s current position, violations of human resources policies, andthe equitable administration of insurance, retirement, or leave benefits.
(7)??An official human resources file for each employee shall be maintainedin the Administrative Office and shall include the following records:biographical information, records of official human resources action, standardsof performance expectations, corrective actions, records of officialdisciplinary action and supporting documentation, job applications, and payrolland benefits information.
EffectiveNovember 1, 2020