Guidelines Regarding When Agencies Need to Use the Hiring Council
The intent of the Hiring Council created by the Governor’s Executive Order is to require agencies to analyze and justify the need to fill positions as vacancies occur in order to right-size state government.
State agencies have been placed into six categories below to determine if they are required to go before the Hiring Council. In parentheses behind each agency is the agency’s authorized FTEs for 2013-2015.
1. Elected Officials are not required to go before the Hiring Council. However, if voluntary applications are received, they will be reviewed according to the guidelines for ‘Other’ agencies in category six.
- Agriculture (77)
- Attorney General, Office of (213.50)
- Auditor, State (53.80)
- Insurance (49.50)
- Public Instruction, Dept. of (99.75), State Library (29.75), School for the Deaf (44.61), Vision Services (30)
- Public Service Commission (44)
- Secretary of State (31)
- Tax Department (134)
- Treasurer (8)
2. Commodity and Other Groups are not required to go before the Hiring Council.
- Barley Council
- Beef Commission
- Corn Utilization Council
- Dairy Products Promotion Commission
- Dry Pea & Lentil Council
- Fair Association, ND
- Milk Marketing
- Oilseed Council
- Seed Department, State
- Soybean Council
- Wheat Commission
3. Self-governing Agencies are not required to go before the Hiring Council.
- Bank of North Dakota (179.50)
- Housing Finance Agency, ND (46)
- Mill and Elevator, State (135)
4. Non-cabinet agencies with less than 10 employees are not required to go before the Hiring Council.
- Administrative Hearings, Office of (5)
- Aeronautics Commission (6)
- Council on the Arts (5)
- Racing Commission (2)
- Veterans Affairs (8)
- Center for Tobacco Prevention and Control (8)
5. Cabinet agencies under the Governor’s jurisdiction are required to go before the Hiring Council for any non-temporary position that 1) has been vacant 6 months or longer, or 2) is new* or was created through reorganization or realignment of duties, or 3) has duties which changed substantially.
- Adjutant General (246)
- Commerce, Department of (69.25)
- Corrections and Rehabilitation, Department of (814.29)
- Banking & Financial Institutions, Department of (29)
- Game and Fish Department (158)
- Health, Dept. of (354)
- Highway Patrol, ND (213)
- Human Services, Department of (2201.08)
- Indian Affairs Commission (5)
- Information Technology Department (340.30)
- Job Service ND (250.76)
- Labor Commissioner, Office of (13)
- Management and Budget, Office of (130.50)
- Parks and Recreation, Department of (55)
- Securities Department (9)
- Transportation, Department of (1079.50)
- Workforce Safety and Insurance (250.14)
6. Other agencies (not falling under any of the above categories) are required to go before the Hiring Council for any classified, non-temporary position that 1) has been vacant 6 months or longer, or 2) is new* or was created through reorganization or realignment of duties, or 3) has duties which changed substantially.
- Career and Technical Education, Department of (27)
- Commission on Legal Counsel of Indigents (33)
- Historical Society (69)
- Industrial Commission (98.75) – Includes Oil & Gas and Geological Survey
- Department of Trust Lands (31)
- Public Employees Retirement System (33)
- Protection and Advocacy (27.50)
- Retirement and Investment (19)
- Veterans’ Home (120.72)
- Water Commission (90)
*Cabinet and Other agencies subject to the Hiring Council do not have to bring the new legislatively authorized FTE’s to the Hiring Council when the Legislature gives an agency new FTE(s) and the agency fills the position(s) within 6 months from the time the positions(s) are funded in the budget. If, however, the agency does not fill the positions(s) within that time, they will need to bring the positions(s) to the Hiring Council.
*Note that if the Legislature gives an agency the funding for a new position(s) but not the FTE and requires the agency to use an existing FTE, the agency will be required to bring the request to fill to the Hiring Council and be prepared to explain what FTE they are using and the details.