AN ACT Relating to the status of officers and employees of the state and political subdivisions in active non-civilian service; providing for the reinstatement of such persons to the positions held by them; repealing Section 37-0125 of the North Dakota Revised Code of 1943 and all acts or parts of acts in conflict with this act; providing penalties for the violation of this act; and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
Officers AND Employees or State or Political SUBDIVISIONS IN National Guard OR Federal Service to Retain Status FOR Period or Active Service.] All officers and employees of this state or of a political subdivision thereof who : ( ı) are members of the National Guard ; (2) are members of the `Officers' Reserve Corps of the United States of America ; (3) shall be subject to call in the Federal Service by the President of the United States ;or (4) shall volunteer for such service, when ordered by proper
authority to active non-civilian employment, shall be entitled to a leave of absence from such civil employment for the period of such active service without loss of status or efficiency rating, and if they have been in the continuous employ thereof for ninety (90) days immediately preceding without loss of pay during the first thirty (30) days of such leave of absence.
Reinstatement To Former Position; Appeals.] Any person referred to in section (ı) of this act, who within ninty (90) days after receiving a discharge other than dishonorable from such active non-civilian service and who is not physically or otherwise incapacitated to perform the duties of the position formerly held by him applies for such position held by him at the time of entering
such active service, shall be given such position or one of like seniority, status and pay, and shall be immune to discharge from said position except for cause, as defined by the Veterans' Aid Commission hereinafter referred to, for a period of one ( ı) year after entering upon the duties of his civilian' position. Any such person not so re-employed or who is discharged within such a period of one (ı) year without cause, shall have the right of appeal to the Veterans' Aid Commission provided for in Chapter 37-I4 of the North Dakota Revised Code of I943, under such rules and regulations as said Veterans' Aid Commission may promulgate. If said Veterans' Aid Commission shall find that such person was not re-employed or was discharged within one (ı) year without cause, it may order any officer or other appointing power to comply with the provisions of this act; provided, however; that if such person at the time of entering such non civilian service shall have been an officer or employee of any department or division of the State of North Dakota or a political subdivision thereof, having a merit `system of personnel administration established pursuant to state statutes or federal laws and regulations, or a city operating under a civil service system, and having appeal body, which appeal body shall have the same powers as are herein granted to Veterans' Aid Commission. In order to carry out the provisions of this act, the Veterans' Aid Commission is hereby authorized to contract and pay for technical or other services with any board, council or commission established by such state agencies, departments or divisions to administer such systems.
Penalty.] Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and subject to a fine of not more than Five Hundred Dollars ($500.00) or ninety (90) days imprisonment, or both such fine and imprisonment.
Repeal.] Section 37-0125 of the North Dakota Revised Code of I943 and all acts or parts of acts in conflict with this act are hereby repealed.
Emergency.] This act is hereby declared an emergency measure and shall be in full force and effect from and after its pas- sage and approval.