§ 54-51-09 — Status of employees of other governments

The following provisions control the status of any employees within the state under this
chapter:
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.