Rule 3-402. Human resources administration.


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


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 is based on 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 nonmerit factors and proper regard for employees' constitutional and statutory rights as citizens.

(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:

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

(5)(A)(ii) two trial court executives;

(5)(A)(iii) a district court clerk of court;

(5)(A)(iv) a juvenile court clerk of court;

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

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

(5)(B) The chair of the committee shall be designated by the director in consultation with 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.

(5)(C) New and amended policies and procedures recommended by the committee shall be reviewed by the court executives prior to being submitted to the Judicial Council. The Court Executives may endorse or amend the draft policies and procedures or return the draft policies and procedures to the committee for further consideration.

(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.