CHAPTER 55:10:01
GENERAL PROVISIONS
Section
55:10:01:01 Definitions.
55:10:01:02 Affirmative action program
55:10:01:03 Date of employment after break in service.
55:10:01:04 Continuing employment.
55:10:01:05 Nepotism.
55:10:01:06 Outside employment.
55:10:01:07 Dual compensation for state duties prohibited.
55:10:01:08 Attendance.
55:10:01:09 Temporary appointment.
55:10:01:10 Employee participation in political matters.
55:10:01:11 Exemption of policy making positions.
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.
