55:10:01:01.  Definitions. The definitions contained in § 55:09:01:01 apply to the provisions of this article.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:02  Affirmative action program. The commissioner shall develop and maintain an affirmative action plan which assures equal opportunity in recruitment and selection, job structure, promotion policies, training to improve job performance and upward mobility, and all other related procedures and practices, and insures compliance by units that employ persons covered by SDCL chapter 3-6D.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:03.  Date of employment after break in service. If a person is reemployed after a break in service for any reason other than layoff or military service, the date of the employee's current employment is the official date of employment for all personnel transactions except for the accumulation of annual leave as provided in § 55:09:04:01.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:04.  Continuing employment. A status employee is subject to continuous service and, therefore is not subject to an annual confirmation of appointment either by a contract or memorandum of appointment. A civil service employee may be terminated as provided in chapter 55:10:07.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:05.  Nepotism. Without specific approval by the commissioner, a person may not serve in a position where the person would supervise or receive supervision from a member of the person's immediate family.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:06.  Outside employment. An employee may take outside employment with the approval of the employee's appointing authority if there is no conflict with working hours, the employee's work efficiency, or the interest of state government. An employee may not engage in outside business or personal activities while on duty, nor may government property be used for anything but government functions.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:07.  Dual compensation for state duties prohibited. Except as provided in §§ 3-8-4.1 to 3-8-4.3, inclusive, an employee may not receive dual compensation during the employee's performance of official state duties.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-8-4, 3-8-4.1, 3-8-4.2, 3-8-4.3.

 

          55:10:01:08.  Attendance. An employee shall be in attendance during the hours set by the employee's department, bureau, or institution. An employee shall report hours worked and leave hours taken to the appointing authority. Falsification of attendance records is cause for disciplinary action. Each department, bureau, and institution shall maintain attendance records of its employees.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:09.  Temporary appointment. The commissioner may authorize the appointment of a temporary employee to perform work that is seasonal or temporary in nature. Each appointment shall be for a period of one year or less.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:01:10.  Employee participation in political matters. An employee in the civil service:

 

          (1)  May take an active part in political management or in political campaigns except during working hours;

 

          (2)  May hold a political office which does not interfere with the normal performance of the employee's job responsibilities, except as prohibited by law;

 

          (3)  May participate in nonpartisan activities not specifically identified with a national or state political party; and

 

          (4)  May participate in activities relating to constitutional amendments, referendums, approval of state laws, and similar issues; and

 

          (5)  May not use official authority or influence to coerce the political action of a person or group.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:01:11.  Exemption of policy making positions. In addition to those positions exempted from the civil service by SDCL 3-6D-4, an appointing authority may submit a request for the exemption of a policy making position, with the justification therefor, to the commissioner for approval. The criteria the commissioner shall consider include the position's managerial duties at a policy-making level, the high degree of confidentiality, and the responsibility for providing advice of a legal or technical nature to a department secretary, bureau commissioner, or institution administrator.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-4.

          Law Implemented: SDCL 3-6D-4.

 

          55:10:02:01.  Notice of vacancies. The commissioner shall give public notice of any available entrance and statewide promotional vacancy not less than seven days in advance of the closing date for receiving applications. Notice of any vacancy shall be posted and shall be distributed through the media that the commissioner determines to be best suited to effective recruitment. The public notice of any vacancy shall specify the title and duties of the position, the closing date, and other pertinent information and requirements.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:02:02.  Civil service promotional announcement. A competitive promotional announcement may be opened to all civil service and exempt employees or may be limited to a particular organizational unit or classification. Any promotional certification shall be prepared in accordance with chapters 55:10:03 and 55:10:04.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:02:03.  Continuous recruitment. The commissioner may establish a continuous recruitment program for any position in which there is expected to be a considerable and recurring need for applicants. Applications may be accepted at the commissioner's discretion at any time. For each position for which there is continuous recruitment, the announcement shall include a statement to the effect that applications will be received until otherwise specified.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:02:04.  Filing applications. An application shall be submitted by the process determined by the commissioner and be filed with the commissioner by the closing date specified in the announcement. An application may require information concerning education, experience, references, and other related information. The submission of the application certifies to the truth of the statements contained in the application.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:02:05.  Removal from selection process. At any point in the selection process the commissioner may remove the name of a person from consideration for a position or from one or more classifications for up to four years for just cause as reported to the commissioner, including the following just causes listed in the section:

 

          (1)  The person does not meet the minimum requirements for the position;

 

          (2)  The person has made false or misleading statements or intentionally omitted relevant information during the selection process;

 

          (3)  The person has directly or indirectly gained or attempted to gain an unfair advantage in the selection process;

 

          (4)  The person was dismissed from previous employment for any of the causes listed in § 55:10:05:03, 55:10:07:02, or 55:10:07:04;

 

          (5)  The person has been found unacceptable as a result of a prior or current preemployment screening conducted by the appointing authority, the Bureau of Human Resources, or their authorized representatives;

 

          (6)  The person has failed to appear or arrange for an interview, has not responded to correspondence or telephone inquiries, cannot be located, or has requested to be removed from consideration for the position;

 

          (7)  The person has been passed over or has declined an offer of employment for the same or similar class with the same appointing authority within the past two years;

 

          (8)  The person has willfully violated the provisions of this article; or

 

          (9)  The person is unable to perform the essential functions of the position.

 

          Removal from the selection process may only be appealed pursuant to § 55:10:08:01.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7, 3-6D-8.

 

          55:10:02:06.  Rating education and experience. If the rating of education or experience forms a part or all of the examination, the commissioner shall determine criteria used in the evaluation that assures the certification of applicants for the position. The formula used in evaluation shall consider quantity and pertinency of the education and experience. Prior to certification of an applicant, the commissioner may investigate the information provided on the application. If this investigation reveals information affecting the rating, the commissioner shall rate the candidate accordingly or revise the rating and notify the applicant.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7, 3-6D-8.

 

          55:10:02:07.  Disability consideration. Any certified applicant for a position offered other than a law enforcement position, who is approved by a vocational rehabilitation counselor as meeting the definition of severely disabled shall be identified on the certification as an applicant who must be interviewed by the appointing authority. If the applicant is certified as a person with a severe disability, the certification expires five years from the date of the certification and the certification shall be renewed in order to receive disability consideration.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:02:08.  Veterans' preference. The commissioner shall grant veterans' preference in accordance with SDCL 3-3-1 to any applicant who is otherwise eligible for state employment and who requests such preference on the application. To receive preference, the veteran shall submit a copy of the veteran's form DD214, DD214R, or NGB22 and, for disability credit, proof from the United States Veterans Benefits Administration that the disability is at least ten percent. Any certified applicant who is eligible for veterans' preference and is otherwise qualified shall be identified on the requisition list as an applicant who must be interviewed by the appointing authority.

 

          Source: 39 SDR 99, effective December 3, 2012; 42 SDR 153, effective May 12, 2016.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-3-1, 3-6D-7.

 

          55:10:02:09.  Reemployment consideration. A status employee who has been notified of a layoff, a termination pursuant to § 55:10:09:02, or a demotion in lieu of layoff pursuant to § 55:10:06:05 or who has had regular working hours reduced pursuant to § 55:10:09:01 may be placed on a certification for any position for which the employee applies and qualifies as a certified applicant. Any certified applicant who has requested reemployment consideration shall be identified on the certification as an applicant who must be interviewed by the appointing authority. The employee shall submit a request for reemployment consideration within 45 days after layoff, termination, or demotion to the commissioner. Eligibility for reemployment consideration expires one year from the effective date of the layoff, termination, or demotion. If an employee requests reemployment consideration before the effective date of layoff, termination, or demotion, reemployment consideration expires one year from the date of the request. If an employee is reemployed in a permanent position with hours comparable to the employee's previous job within one year of layoff, termination, or demotion, eligibility for reemployment consideration expires on the date of reemployment.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:02:10.  Referral to counseling. An appointing authority may refer an employee to a counseling service or program as a condition of continued employment if the employee has documented poor work performance, disrupted the office, or has poor attendance or other work-related problems. If an employee fails a drug test administered pursuant to SDCL chapter 3-6F, or has been convicted of a violation of a criminal drug statute that occurred in the workplace, the appointing authority may require the employee to participate satisfactorily in an approved drug abuse assistance or rehabilitation program that meets the requirements of article 55:05. Satisfactory participation is determined by the program.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6F-5.

 

          55:10:03:01.  Application. The provisions of this chapter apply to any civil service position other than a law enforcement position.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:03:02.  Request for requisition of eligibles. To fill a vacancy, the appointing authority shall submit a requisition request to the commissioner. The request may be for one or more positions and shall specify all other pertinent information required by the appointing authority.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:03:03.  Evaluation and certification of applicants. The commissioner shall evaluate each applicant to determine if the applicant meets the mandatory minimum requirements for the position. If the applicant does not meet the mandatory minimum requirements for the position, the applicant may not be certified to the appointing authority. The commissioner shall forward to the appointing authority all certified applicants.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7, 3-6D-8.

 

          55:10:03:04.  Selection of new employees. The appointing authority may use any number or combination of selection methods to evaluate each eligible to determine the degree to which each eligible possesses the knowledge, skills, abilities, and competencies necessary to perform the duties of the position. If an applicant has interviewed in the previous 90 days for a position in the same class with the same appointing authority, the certified applicant or the appointing authority may waive the interview. The appointing authority shall select for each position a person whose name is on the requisition list, and shall report the final selection to the commissioner. A requisition list may be reactivated up to six months after issuance.

 

          The commissioner shall notify those interviewed of the decision and indicate to the commissioner the disposition of the other names on the requisition list.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:03:05.  Selective certification. The appointing authority shall specify in writing any bona fide occupational qualifications or other pertinent requirements necessary for the position. If, after investigation of the duties and responsibilities of the position, the commissioner finds these requirements essential, the commissioner shall certify only the names of those persons who possess the qualifications specified.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7, 3-6D-8.

 

          55:10:03:06.  Conditional certification. Any applicant who does not meet the mandatory requirements for a position may be certified to the appointing authority if the applicant will meet the requirements within the 120 days immediately following the closure date for receipt of applications. The commissioner may extend the time for an applicant to complete further requirements beyond 120 days if the appointing authority requests an extension and the authority justifies the request for the extension of time.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:04:01.  Minimum requirements. To be eligible for appointment to a law enforcement position, an applicant shall meet the following requirements:

 

          (1)  United States citizenship;

          (2)  Attainment of at least 21 years of age at time of appointment;

          (3)  Possession of or ability to obtain a South Dakota driver's license; and

          (4)  Has not been convicted of a felony.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:04:02.  Weight, body composition, flexibility, and physical fitness requirements. A law enforcement appointing authority may establish additional requirements for all persons seeking appointment. The appointing authority may specify standards for the following:

 

          (1)  Weight or body composition;

          (2)  Flexibility, and

          (3)  Physical fitness.

 

          Any such standards shall be in writing and available for all applicants.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:04:03.  Vision, hearing, medical, and psychological requirements. A law enforcement appointing authority may establish standards for appointment relating to:

 

          (1)  Depth perception;

          (2)  Color perception;

          (3)  Hearing;

          (4)  Chronic disease or organic or functional defect, as determined by a medical examination, that would impair performance of the essential functions of the position with or without a reasonable accommodation; and

          (5)  Psychological testing.

 

          The applicant shall pay for any examination required to determine if the applicant meets any such standards.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:04:04.  Selection process. The selection process for law enforcement officers must proceed as set forth in this section.

 

          (1)  Following the deadline for applications, the commissioner shall prepare a requisition list of applicants and submit the list to the apointing authority.

 

          (2)  Any applicant who possesses a current law enforcement certification in this state or in another jurisdiction must be added to the requisition list.

 

          (3)  The appointing authority shall determine which applicants meet the minimum requirements for the position.

 

          (4)  The appointing authority may then use any number or combination of selection methods, including a written examination and interviews, to evaluate all eligible applicants and determine the degree to which each eligible applicant possesses the knowledge, skills, abilities, and competencies necessary to perform the duties of the position. If a written examination is used, all eligible applicants except certified law enforcement officers must take the examination.

 

          (5)  The appointing authority may then extend a conditional offer of employment to any applicant on the requisition list meeting the foregoing requirements. The offer of employment must be conditioned on the number of positions available at the time the applicant meets the minimum requirements for appointment and successfully completes the background investigation required by subdivision (6).

 

          (6)  The appointing authority shall determine if the applicant is of good character, as determined by a background investigation, and may require the applicant to complete a polygraph examination.

 

          (7)  The appointing authority shall then determine if the applicant meets the mandatory minimum requirements for the position.

 

          (8)  The appointing authority shall select for each available position an applicant who has met all of the requirements of the position and shall report the final selection to the commissioner.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014; 43 SDR 80, effective December 5, 2016; 46 SDR 77, effective December 9, 2019.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6C-23, 3-6D-7.

 

          55:10:04:05.  Reappointment. Any law enforcement civil service employee who has resigned may be reappointed by the appointing authority within two years.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:05:01.  Probationary appointment. The appointment to the civil service through certification from a competitive or continuous certification constitutes a probationary appointment. Any employee appointed from a promotional announcement or transfer is not required to serve a new probationary period.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7, 3-6D-14.

          Law Implemented: SDCL 3-6D-7, 3-6D-14, 3-6D-23.

 

          55:10:05:02.  Probationary period. Except for a law enforcement officer, conservation officer, and university law enforcement officer, the probationary period is for six months or the first six months of service following reemployment in the civil service. For a law enforcement officer, conservation officer, and university law enforcement officer, the probationary period is the first twelve months after the employee's hire date within the civil service.

 

          A probationary period may not be extended. Temporary service may not be credited toward the probationary period. Leave accrual begins on the date of permanent employment for temporary employees entering the civil service.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014; 45 SDR 83, effective December 17, 2018.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-23

 

          55:10:05:03.  Separation during probationary period. At any time during the probationary period an appointing authority may terminate an employee from the employee's position subject only to the appeal rights specified in § 55:10:08:04. The appointing authority shall notify the employee of this action in writing.

 

          An appointing authority shall notify the commissioner of a termination during the probationary period within five working days after the termination. An appointing authority who terminates an employee during probation may request that the employee not be certified to that appointing authority for one year from the date of termination.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-23.

 

          55:10:05:04.  Probationary period after a rehire. An employee rehired after a resignation, termination, layoff, reappointment, or hired through the reemployment process shall serve the probationary period specified in § 55:10:05:02.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-23.

 

          55:10:05:05.  Promotion during probationary period. An employee promoted during the probationary period shall serve the remainder of the probationary period in the class to which the employee is promoted; then the employee shall acquire status.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-23.

 

          55:10:05:06.  Permanent part-time employees. Except for a law enforcement officer, an employee who is hired as a part-time employee shall complete six months before being given status in the civil service.

 

          Source: 39 SDR 99, effective December 3, 2012; 45 SDR 83, effective December 17, 2018.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:06:01.  Promotions on competitive basis for other than law enforcement positions. Except for a law enforcement position, any promotion shall be made on a competitive basis. The position may be open to all permanent employees of the state who meet the necessary minimum requirements as outlined in the job announcement. A promotional announcement may include employees in specific classes in all departments or may be limited to a single department or organizational unit. The commission shall prepare a list of certified applicants as provided in § 55:10:03:03. The appointing authority shall select an employee in accordance with chapter 55:10:03 and shall report the selection to the commissioner.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:06:02.  Procedure for filling law enforcement vacancies by promotion. If a law enforcement position vacancy is filled by promotion, the commissioner may administer an examination that is open to all employees of the division who meet the requirements outlined in the class specifications. The commissioner shall then prepare a certificate of eligibles and shall supply the appointing authority with the names in accordance with § 55:10:04:04. Selection shall then be made by the appointing authority in accordance with chapter 55:10:04 and shall be reported to the commissioner. However, a law enforcement agency may adopt another procedure for the purpose of filling a vacancy by promotion and, if the agency does, the agency shall notify the commissioner of the process and shall report the selection to the commissioner.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7, 3-6D-9.

 

          55:10:06:03.  Lateral transfer. One or two appointing authorities may transfer an employee from one position of a class title to another position of the same or a related class title in the same salary range within one or between two organizational units.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-7.

          Law Implemented: SDCL 3-6D-7.

 

          55:10:06:04.  Demotion. A demotion may be made as follows:

 

          (1)  A status employee may be demoted for cause after the employee has been presented with the reasons for demotion in writing and has been allowed up to 14 days to initiate the departmental grievance procedure. A copy of the statement of reasons and the reply shall be filed with the commissioner. A status employee may appeal demotion for cause in accordance with chapter 55:10:08; and

 

          (2)  An employee may request in writing an assignment to a position of a lower class with the same or a different appointing authority. Such a demotion is voluntary and there is no appeal. The appointing authority shall report such a demotion in writing to the commissioner. If an employee voluntarily accepts a demotion in lieu of a layoff, the employee is eligible to have the employee's name placed on the reemployment list.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:07:01.  Forms of disciplinary action. Disciplinary action may be taken for just cause as outlined in § 55:10:07:04 or for unsatisfactory job performance as outlined in § 55:10:07:02 and may include the following:

 

          (1)  Suspension without pay;

          (2)  Dismissal;

          (3)  Demotion; or

          (4)  Reduction in salary.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:07:02.  Work improvement plan. If, in the performance of the duties of the employee's position, an employee's work is unsatisfactory, the appointing authority shall issue to a status employee a written notice that disciplinary action will be taken unless performance improves. The notice shall outline the duration of the work improvement period, the areas where performance is unsatisfactory, and the level of performance that is expected. A work improvement period shall be at least 30 days and may not exceed six months. If performance has not reached acceptable levels after completion of the work improvement period or if at any later date performance falls below standard, the appointing authority may take disciplinary action. An employee who is serving a work improvement period may be disciplined during the work improvement period for violations of § 55:10:07:04. A placement on a work improvement plan or notice of unsatisfactory work performance is not appealable. However, any action taken as a result of unsatisfactory completion of the work improvement period may be appealed to the commission. This section does not apply to action taken pursuant to § 55:10:09:02.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14

          Law Implemented: SDCL 3-6D-14

 

          55:10:07:03.  Notice of intended disciplinary action. The appointing authority may discipline a status employee for cause at any time. Before a status employee is disciplined the appointing authority shall give the employee verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken. The appointing authority shall provide the employee with a verbal or written statement of specific reasons for the proposed action and shall advise the employee when the employee must respond.

 

          Prior to imposition of any intended disciplinary action, the employee may be suspended with or without pay until the meeting, receipt of written response or waiver by the employee of the right to respond. The disciplinary action may be taken only after the meeting or receipt of a written response or after waiver of the right to respond.

 

          The appointing authority shall give the employee written notice of the decision, with a copy to the Bureau of Human Resources, within five working days after the date of the meeting or the date of the employee's written response, whichever occurs later. The notice shall advise the employee of the departmental grievance procedure.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:07:04.  Causes for disciplinary action. Disciplinary action under this section may be taken for conduct within or outside the scope of employment. Disciplinary action may be taken for just cause as reported to the commissioner, including the just causes listed in this section:

 

          (1)  The employee admitted to committing, or has committed based on reasonable grounds, or was convicted of a felony, any sex offense, or any crime involving illegal drugs or illegal use of legal drugs, whether the felony, offense, or crime occurred prior to or during employment with the state;

 

          (2)  The employee has committed or contributed to any act of brutality, cruelty, or abuse to an inmate, prisoner, resident, or patient of an institution, to a person in custody, or to other persons, whether the conduct occurred prior to or during the course of employment, if the act committed was not necessarily or lawfully done in self-defense, to protect the lives of others, or to prevent the escape of a person lawfully in custody;

 

          (3)  The employee has violated any of the provisions of SDCL chapter 3-6D or this article;

 

          (4)  The employee has violated any department, division, bureau, or institution regulation, policy, or order or failed to obey any oral or written directions given by a supervisor or other person in authority;

 

          (5)  The employee has consumed alcohol or other intoxicants or unauthorized controlled substances while on duty or is impaired while on duty or while operating state equipment or has unlawfully manufactured, distributed, dispensed, possessed, or used a controlled substance in the workplace;

 

          (6)  The employee is guilty of insubordination;

 

          (7)  The employee disrupts the efficiency or morale of the department;

 

          (8)  The employee is careless or negligent with the money or other property of the state or property belonging to any person receiving services from the state or has stolen or attempted to steal money or property of the state or property belonging to any person receiving services from the state;

 

          (9)  The employee has used, threatened to use, or attempted to use personal influence or political influence in securing employment, promotion, leave of absence, transfer, change of pay rate, or change in character of work for the employee or others;

 

          (10)  The employee has induced or has attempted to induce an officer or employee of the state to commit an unlawful act or to act in violation of any department, division, bureau, or institution regulation or order;

 

          (11)  The employee, in the course of work or in connection with it, has taken from any person for personal use a fee, gift, or other valuable thing when the fee, gift, or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons;

 

          (12)  The employee has engaged in outside business or personal activities on government time or has used state property for those activities in violation of § 55:10:01:06;

 

          (13)  The employee has failed to maintain a satisfactory attendance record based on the established working hours or has had unreported or unauthorized absences;

 

          (14)  The employee made a false or misleading statement or omitted relevant information during the application and selection process;

 

          (15)  The employee has misused or abused leave;

 

          (16)  The employee has intentionally falsified a state record or document;

 

          (17)  The employee failed to maintain the minimum requirements for appointment as established by a law enforcement agency;

 

          (18)  The employee has harassed another person in the course of employment;

 

          (19)  The employee has violated statutes or standard work rules established for the safe, efficient, or effective operation of the agency;

 

          (20)  The employee discriminated against another person in the course of employment on the grounds contained in SDCL 20-13-10 or has taken wrongful actions against another person that affect the vicarious or imputed responsibility of the state or any other state employee;

 

          (21)  The employee has failed to notify the appointing authority within five days after a conviction of a violation of a criminal drug statute occurring in the workplace;

 

          (22)  The employee has failed to obtain, renew, or maintain a license or certification necessary to perform the duties of the employee's position;

 

          (23)  The employee failed or refused to take a drug test administered pursuant to SDCL chapter 3-6F or 49 C.F.R. Part 382 (December 1, 1995);

 

          (24)  The employee has failed to complete the counseling program outlined in § 55:10:02:10;

 

          (25)  The employee has been found unacceptable as a result of an employment screening conducted by the appointing authority, the Bureau of Human Resources, or an authorized representative; or

 

          (26)  The employee has engaged in conduct, either prior to or during employment with the state that reflects unfavorably on the state, destroys confidence in the operation of state services, or adversely affects the public trust in the state.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:01.  Appeal from selection process. Failure to be appointed to a civil service position may only be contested on the grounds of discrimination as contained in SDCL 20-13-10. Any applicant, who feels he or she has been discriminated against during the selection process, shall appeal to the commissioner within 14 days of notification that the applicant was not appointed to the position. The commissioner shall reply in writing within 30 days after receipt of the appeal. If not satisfied with the response, the applicant may, within 14 days from the date of notice from the commissioner, appeal to the commission pursuant to the provisions of subdivision 55:10:08:16(3).

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:02.  Appeal from dismissals, demotion, suspension, reduction in pay, or termination. A status employee may appeal a disciplinary action taken in accordance with § 55:10:07:04 or a termination pursuant to § 55:10:09:02 within 14 days after notification of the disciplinary action or termination. The appeal shall be made pursuant to the departmental grievance procedure found in § 55:10:08:16 if the department does not have an approved procedure.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:03.  Appeal of classification. A status employee may appeal the classification of the employee's position made in accordance with § 55:10:10:01 to the commissioner within 14 days after notification of the classification decision. The commissioner shall reply in writing within 30 days after receipt of the appeal, but may extend that period as needed. If not satisfied with the response, the applicant may, within 14 days from the date of the notice from the commissioner, appeal to the commission pursuant to the provisions of subdivision 55:10:08:16(3).

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:04.  Appeal on grounds of discrimination. An employee may appeal any personnel action or condition or privilege of employment on grounds of discrimination as set forth in SDCL 20-13-10. The appeal shall be made pursuant to the departmental grievance procedure or the procedure found in § 55:10:08:16 if the department does not have an approved procedure.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:05.  Other appeals. An employee may appeal any existing agreement, contract, policy, or rule, excluding pay and overtime pay issues, as they apply to the conditions of employment. The appeal shall be made pursuant to the departmental grievance procedure found in § 55:10:08:16 if the department does not have an approved procedure.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:06.  Commission hearings – Responsibility of commission. Any commission hearing shall be conducted pursuant to the provisions of SDCL chapter 1-26.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-15.

 

          55:10:08:07.  Notice of hearing. Notice of the time and place set for a public hearing shall be given by the commissioner to the complainant and the appointing authority at least 30 days before the hearing by certified mail, addressed to the complainant at the complainant's last known post office address, with return receipt requested. The 30-day notice requirement may be waived if all parties request to waive the 30-day notice and the commissioner approves the request.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-15.

 

          55:10:08:08.  Dismissals. If the employee fails to appear in person or by counsel at the time and place set for hearing, the commission shall presume that the employee has waived the right to further hearing and the commission may dismiss the appeal. The commissioner may reschedule the hearing upon presentation by the employee or counsel of written evidence of extenuating circumstances that prevented the appearance of the employee.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-15.

 

          55:10:08:09.  Representation. Parties may, at their election, be represented by legal counsel. If represented, parties shall give notice to the other party or parties of their representative as soon as possible, but no later than one week before the hearing.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:10.  Conduct of hearings. The chair of the commission may, in contested cases, appoint a hearing examiner for the purpose of ruling on evidentiary questioning and motions raised by the parties.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-15.

 

          55:10:08:11.  Departmental appeal procedure. Each appointing authority shall make available to its employees a copy of the appeal procedure in effect in the employee's respective department, bureau, or institution.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:12.  No retaliation for appeal. An appointing authority may not discriminate against, coerce or restrain, or commit any act of reprisal against any employee who submits or is involved in an appeal.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:13.  Effect of resignation. The commissioner shall immediately submit a request to dismiss the appeal of any employee who resigns. Each employee who resigns may not benefit by any later settlement of an individual or group appeal.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:14.  Failure to comply with time limits. If an employee fails to appeal within the time limits set in the appeal process, the failure to comply with the time limits is considered a withdrawal of the appeal. If the employer fails to comply with the time limit to respond to an appeal, the employee may initiate the next step in the appeal procedure. Either the employee or the employer may submit a written request for an extension of the time to appeal.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:15.  Delivery of written notice. A written notice may be delivered personally or mailed by first class mail with sufficient postage to the employee's last known address. The notice is effective on the date the notice is deposited in the mail.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:08:16.  Appeal procedure. Appeals made pursuant to § 55:10:08:01, 55:10:08:02, 55:10:08:03, 55:10:08:04, or 55:10:08:05 shall follow the appeal procedure in this section unless the employee's department has an approved departmental appeal procedure. The appeal procedure shall be as follows:

 

          (1)  Appeal to division director, deputy commissioner, or institution administrator. The employee or applicant shall submit a written statement of the grievance and remedy sought to the division director, deputy commissioner, or institution administrator within 14 days after the event causing the grievance. The division director, institution administrator, or deputy commissioner shall respond to the grievant in writing within 14 days and after receipt of the written grievance. If not satisfied with the response, the employee may, within 14 days from the date of the notice, proceed to step 2;

 

          (2)  Appeal to the agency head. The grievant shall submit in writing the grievance and the remedy sought to the agency head for the appointing authority. The agency head shall reply in writing within 30 days after receipt of the written grievance. If not satisfied with the response, the employee may, within 14 days from the date of the notice, proceed to step 3;

 

          (3)  Appeal to commission. The grievant, who wishes to appeal to the commission, shall submit in writing the grievance and the remedy sought to the commission. Any appeal shall be addressed to: The Civil Service Commission, c/o The Bureau of Human Resources. The employee shall also send a copy of the appeal to the agency head; and

 

          (4)  Appeal to court. The decision of the commission may be appealed to circuit court pursuant to the provisions of SDCL chapter 1-26.

 

          Any written grievance or appeal submitted by an employee may be delivered personally or mailed by first class mail. If mailed, the notice is effective on the date the notice is postmarked.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-15.

          55:10:08:17.  Grounds for dismissal. The commission may dismiss all or part of a grievance for failure to state an issue that may be appealed, for failure to state a claim upon which relief may be granted, for lack of jurisdiction, or failure to meet a statute of limitations or a time limit.

 

          The commission may also dismiss for failure to develop a case involving contested issues of material fact. To establish a contested issue of material fact, the grievant shall produce a specific factual basis for the complaint that, if proved, would establish that an action attributable to the state deprived the grievant of a right arising under this article. In establishing a contested issue of material fact, a grievant may not rely upon mere conclusions, general allegations, and speculative statements to establish factual grounds for the claim.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14, 3-6D-15.

 

          55:10:09:01.  Layoff plan criteria. An appointing authority may lay off an employee or reduce the regular working hours of a full-time employee in the civil service if necessary. The reasons justifying a layoff include shortage of funds or work, abolishment of a position, inefficient or nonproductive position, or material change in duties or organization. The appointing authority shall designate classifications, work units, or geographic locations where reductions in force or reduction in hours will occur. The appointing authority shall submit a plan designating each employee being laid off or whose hours are being reduced and the justification for the layoff or reduction in hours. If more than one incumbent exists in any classification, work unit, or geographic location designated for reductions in force or reductions in hours, the criteria used to identify the employee whose hours will be reduced or who will be laid off include performance, longevity with the state, employment status, and special knowledge, skills, abilities, and potential of the employee. The appointing authority shall designate the criteria used in its layoff plan. The layoff plan shall be approved by the commissioner before any employee is laid off or hours reduced.

 

          The appointing authority shall notify the employee at least 14 days before the effective date of the layoff. The appointing authority shall give the employee written notice of the justification for the layoff or reduction.

 

          The hire date for any employee who returns to state employment after a layoff of more than one year is the new date of employment. Any layoff of 40 hours duration of less and any reduction of hours for less than four weeks do not require prior notice to the employee.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:09:02.  Inability to perform essential functions of position. An employee may be terminated or reclassified if the employee is unable to perform, with or without a reasonable accommodation, the essential functions of the employee's position. The commissioner may at any time require an employee to be examined by a physician of the commissioner's choice for the purpose of determining the employee's ability to perform the functions and duties of the position. The examination, if required by the commissioner, shall be made at the expense of the employer. An employee terminated pursuant to this section may apply for reemployment rights as provided for in § 55:10:02:09.

 

          An employee may be compelled, with the concurrence of a medical doctor, to take leave for a temporary disability that seriously affects the quality or quantity of work performed or that endangers the health of the employee.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:10:01.  Classification of positions. The commissioner shall group all positions in the civil service into classes. Each class shall include those positions sufficiently similar in respect to duties, responsibilities, and authority. Each position shall have the same descriptive title and position description which shall indicate the requirements of education, experience, knowledge, proficiency, ability, and other qualifications. The same schedule and grade of compensation shall be used to maintain equity within the same or substantially the same employment conditions.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-10.

          Law Implemented: SDCL 3-6D-10.

 

          55:10:10:02.  Preparation and content of class specifications. The commissioner shall prepare class specifications defining the duties and responsibilities of all positions.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-10.

          Law Implemented: SDCL 3-6D-10.

 

          55:10:10:03.  Interpretation and use of class specifications. A class specification shall be mainly descriptive and not restrictive. The inclusion of particular expressions in the definition or examples of duties may not exclude others of similar kind and quality. Any employee may be required by the appointing authority to perform any of the duties described in the class specification, any other duties which are of similar kind and quality, and any duties of lower classes in the same occupational series or in other series which have similar characteristics. In determining the class to which a position should be assigned, each class specification shall be considered as a whole, giving consideration to the definition, typical assignments, responsibilities, and relationships with other classes.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-10.

          Law Implemented: SDCL 3-6D-10.

 

          55:10:10:04.  Changes in duties and responsibilities. If a significant change is made in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments, the change shall be reported to the commissioner by the department head or employee concerned. The commissioner shall investigate the change and, if the change is to be permanent and call for reclassification, the commissioner shall reclassify the position to an appropriate class.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-10.

          Law Implemented: SDCL 3-6D-10.

 

          55:10:10:05.  Request for classification adjustments. An employee may request that the classification of the employee's position be reviewed. The employee shall complete a position questionnaire. The appointing authority shall review, make written comment, and return the request to the Bureau of Human Resources within 30 days from the date the request for reclassification was made. The form shall then be submitted to the commissioner for review.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-10.

          Law Implemented: SDCL 3-6D-10.

 

          55:10:11:01.  Compensation. The pay of employees occupying civil service positions shall be within the pay range approved by the commission for the respective classification. Any rate of pay set pursuant to this chapter is subject to the review and approval of the commissioner and shall take into consideration internal equity, budget, and market conditions. Unless otherwise provided, an employee's rate of pay may not be less than the minimum of the applicable pay grade and may not exceed the maximum of the pay grade.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:02.  Pay grades. The commissioner shall recommend pay grades for each classification based on the level of responsibilities and skill required of the position, including know-how, problem-solving, accountability, working conditions, the state's ability to pay, economic conditions, comparable salary ranges for similar positions in other governmental jurisdictions and private business, and other pertinent data. The pay grades recommended by the commissioner, if approved by the commission, shall be filed in the Bureau of Human Resources.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:03.  Out-of-class pay. If an employee is temporarily required to serve in and accept the responsibility for work in a position with a higher market value for more than five working days, the employee may receive up to ten percent above the employee's present rate, but shall receive at least the minimum rate of the pay grade for that position. The rate of pay may be retroactive to the first day of assignment. The compensation period for a temporary assignment may not exceed 90 working days, but may be extended with the approval of the commissioner.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:04.  Compensation of temporary employees. Temporary employees shall be paid according to the pay grade assigned to the position.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:05.  Compensation for part-time permanent employees. A part-time employee who works on an on-going basis regardless of the number of hours worked each week is subject to the same pay structure as a full-time employee.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:06.  Starting rate on initial employment. An employee's starting rate of pay may not exceed 90 percent of market value of the pay grade assigned to the position without approval of the commissioner. The appointing authority shall consider internal equity, budget, the availability of applicants, and market conditions. With the prior approval of the commissioner, an appointing authority may hire up to the maximum of the range. Criteria for approval include internal equity, budget, the availability of applicants, and market conditions.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:07.  Starting rate on return to duty. If a former employee returns to duty in the same classification after a break in service of less than one year, the employee's rate of pay may not exceed the rate the employee received at the time of separation.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:08.  Starting rate on return from military service. If an employee terminates employment for active duty in the armed forces and returns, the employee shall be placed at the level of pay of the previous position that the employee would have earned had the employee not left employment.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:09.  Rate of pay upon entering civil service from civil service exempt position. If an employee in a position exempt from civil service accepts a civil service position  in a classification with a range minimum equal to or greater than the employee's prior position, the employee's rate of pay shall be adjusted in accordance with § 55:10:11:13. If an exempt employee accepts a position that is a demotion, the employee's rate of pay shall be adjusted in accordance with § 55:10:11:11. In no case may the pay rate exceed the maximum of the pay grade.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:11.  Rate of pay on demotion or reclassification to a pay grade with a lower market value. If an employee voluntarily accepts a demotion or is demoted for cause, the employee shall receive a rate of pay in the lower pay grade that the appointing authority considers appropriate, taking into consideration internal equity and budget. In no case may the employee receive an increase in pay. If an employee's position is reclassified to a classification with a lower market value, the employee's rate of pay shall not be adjusted.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:12.  Rate of pay upon relocation. If an employee is relocated at the request of the appointing authority and the change requires the employee to relocate the employee's residence, the employee may receive up to a ten percent increase in pay.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:15.  Rate of pay for additional duties. The commissioner shall establish guidelines for salary adjustments based on the assignment of additional duties that add to the difficulty of the position but do not warrant reclassification of the position. If an employee is assigned additional duties, the employee may receive up to a five percent increase in pay in accordance with the guidelines established by the commissioner.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

          55:10:11:16.  Rate of pay on relocation for law enforcement. Repealed.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

 

          55:10:11:17.  Discretionary pay adjustments. If an employee's rate of pay is below the market value of the pay grade, the appointing authority may request an increase in pay. The total of any discretionary pay increases given to an employee may not exceed ten percent of an employee's rate of pay in any twelve month period. The total of such increases is determined by examining the twelve months preceding any proposed increase. Criteria for discretionary increases include performance, internal equity, budget, market conditions, length of service, recruitment and retention issues, or any combination of these. In no case may the employee receive more than the maximum of the pay grade.

 

          Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.