North Dakota Code 54-51-09 – Status of employees of other governments
The following provisions control the status of any employees within the state under this chapter:
Terms Used In North Dakota Code 54-51-09
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this chapter may be considered to be on detail to the receiving agency.
2. Appointments of persons so assigned may be made without regard to the laws or regulations governing the selection of employees of the receiving agency. The person is in the unclassified service of the state.
3. Employees who are detailed to the receiving agency may not by virtue of the detail be considered to be employees thereof, except as provided in subsection 4. The supervision of the duties of those employees during the period of detail may be governed by agreement between the sending agency and the receiving agency.
4. Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of the assignment, or sustained in the performance of duties in connection therewith, must be treated as an employee for the purpose of the receiving agency’s employee compensation program, but may not receive benefits for any period for which the employee elects to receive similar benefits as an employee under the sending agency’s employee compensation program.
5. A receiving agency may with the agreement of the sending agency pay an employee from a sending agency a full or supplemental salary or wage not to exceed the appropriate pay for an equivalent position in the receiving or sending agency.