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CHAPTER 3-6D

STATE CIVIL SERVICE

3-6D-1      Civil Service Commission--Members--Appointment--Terms--Vacancies.
3-6D-2      Removal of commission member--Procedure.
3-6D-3      Meetings--Chair--Quorum--Law enforcement officer discipline.
3-6D-4      Employees covered by chapter--Exemptions.
3-6D-5      Protections for applicants and employees.
3-6D-6      Merit standards for personnel management actions.
3-6D-7      Promulgation of rules regarding recruitment, examination, selection, and promotion.
3-6D-8      Appointment of best qualified applicants--Eligibility lists--Misdemeanor.
3-6D-9      Delegation of administrative functions to institutions and departments.
3-6D-10      Promulgation of position classification rules.
3-6D-11      Promulgation of pay system rules.
3-6D-12      Payroll approval.
3-6D-13      Approval or rejection of labor contracts and settlements.
3-6D-14      Promulgation of rules governing discipline, conditions of work, and grievance procedures.
3-6D-15      Grievances--Hearing--Notice--Summary disposition.
3-6D-16      Good cause for employee discipline--Order upholding or reversing agency decision.
3-6D-17      Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget.
3-6D-18      Assistance of agencies--Agency level procedures.
3-6D-19      Records of administrative costs--Billing of agencies.
3-6D-20      Prohibited conduct by applicants--Misdemeanor.
3-6D-21      Interference with rights under chapter--Secret information--Misdemeanor.
3-6D-22      Grievance for retaliation against whistleblower.
3-6D-23      Probationary period--Dismissal without cause .
3-6D-24      Records on law enforcement employees.
3-6D-25      Government Operations and Audit Committee to investigate matters referred by Division of Criminal Investigation.


     3-6D-1.   Civil Service Commission--Members--Appointment--Terms--Vacancies. There is hereby created a Civil Service Commission. The commission consists of seven members, not all of whom may be of the same political party. Three of the members shall be experienced in law enforcement. The Governor shall appoint each member for a term of four years, beginning on the first day of July. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 2012, ch 23, § 38; SL 2019, ch 21, § 23.


     3-6D-2.   Removal of commission member--Procedure. A member of the commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on the charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

Source: SL 2012, ch 23, § 39; SL 2019, ch 21, § 24.


     3-6D-3.   Meetings--Chair--Quorum--Law enforcement officer discipline. The commission shall hold meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting is the discipline of any law enforcement officer, at least two of the members of the commission in attendance shall be experienced in law enforcement.

Source: SL 2012, ch 23, § 40; SL 2019, ch 21, § 25.


     3-6D-4.   Employees covered by chapter--Exemptions. This chapter applies to all executive branch employees of state government, but excluding:
             (1)      Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission;
             (2)      The members of boards and commissions;
             (3)      Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, attorneys, physicians, confidential assistants to exempt employees and other directors or administrative policy-making positions of executive branch institutions, commissions, boards and agencies;
             (4)      All positions in the Office of the Governor and Bureau of Finance and Management;
             (5)      Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the human resources commissioner;
             (6)      Teachers of the several institutions under the jurisdiction of the executive branch;
             (7)      A person hired to fill the position of an employee who is deployed or activated under circumstances requiring reinstatement under the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 as in effect January 1, 2012;
             (8)      Patients who are employed by state institutions under the executive branch;
             (9)      Temporary employees and interns; and
             (10)      The attorney general and all employees within its office except certified law enforcement officers within the division of criminal investigation.
     The commission may promulgate rules, pursuant to chapter 1-26, that establish criteria to implement this section for exemptions from the civil service. The human resources commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the human resources commissioner relating to exemptions from the civil service may be appealed to the commission pursuant to chapter 1-26.

Source: SL 2012, ch 23, § 41; SL 2019, ch 21, § 26.


     3-6D-5.   Protections for applicants and employees. Each civil service applicant and civil service employee shall be accorded the following protections:
             (1)      Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service employee is prohibited;
             (2)      A civil service employee may not be required to participate in partisan political activities;
             (3)      A civil service employee may not be obliged, by reason of that employment, to contribute to any political funds or collections or render political service. A civil service employee refusing to contribute funds or to render that political service may not be removed or otherwise disciplined or prejudiced for the refusal;
             (4)      A civil service employee retains the right of free speech;
             (5)      A civil service employee may not be disciplined for the reporting of any violation of state or federal law to any local, state or federal authority;
             (6)      A civil service employee has the right to obtain a copy of the employee's personnel file or any other pertinent data that directly relates to the employee held in the state's files. The cost of the copy shall be borne by the employee;
             (7)      Prior to any disciplinary action, a civil service employee shall be given verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and
             (8)      Other rights and protections as enumerated by state or federal statute or rule.

Source: SL 2012, ch 23, § 42; SL 2019, ch 21, § 27.


     3-6D-6.   Merit standards for personnel management actions. Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows:
             (1)      Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. Selection of qualified applicants is based on relative ability, knowledge, and skills;
             (2)      Providing equitable and adequate compensation;
             (3)      Training civil service employees to assure high quality performance;
             (4)      Retaining civil service employees based on performance, correcting inadequate performance, and separating employees whose performance cannot be improved; and
             (5)      Assuring fair treatment without regard to age, political affiliation, race, color, national origin, sex, or religious creed.

Source: SL 2012, ch 23, § 43; SL 2019, ch 21, § 28.


     3-6D-7.   Promulgation of rules regarding recruitment, examination, selection, and promotion. The commission shall promulgate rules, pursuant to chapter 1-26, in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test the relative capacity of the person examined to discharge the duties of the position and may include tests of physical qualifications, training and experience, written examinations, and health and, if appropriate, technical or manual skill. The human resources commissioner shall designate the times and places for each examination.

Source: SL 2012, ch 23, § 44; SL 2019, ch 21, § 29.


     3-6D-8.   Appointment of best qualified applicants--Eligibility lists--Misdemeanor. Each civil service appointment shall be made from among the best qualified persons from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor.

Source: SL 2012, ch 23, § 45; SL 2019, ch 21, § 30.


     3-6D-9.   Delegation of administrative functions to institutions and departments. The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration of recruitment, examining, and selection of employees for institutions under the jurisdiction of the Board of Regents. All delegated administrative authority shall be exercised in accordance with the provisions of this chapter and commission rules.

Source: SL 2012, ch 23, § 46; SL 2019, ch 21, § 31.


     3-6D-10.   Promulgation of position classification rules. The commission shall promulgate rules, pursuant to chapter 1-26, to develop a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be required and established for positions allocated to the same class.

Source: SL 2012, ch 23, § 47; SL 2019, ch 21, § 32.


     3-6D-11.   Promulgation of pay system rules. The commission shall promulgate rules, pursuant to chapter 1-26, to develop a statewide pay system which assures the principle of equal pay for equal work applying to positions existing in the civil service.

Source: SL 2012, ch 23, § 48; SL 2019, ch 21, § 33.


     3-6D-12.   Payroll approval. The human resources commissioner shall approve the payroll for all departments and institutions of the executive branch to ensure compliance with this chapter and chapter 3-6C.

Source: SL 2012, ch 23, § 49; SL 2019, ch 21, § 34.


     3-6D-13.   Approval or rejection of labor contracts and settlements. The human resources commissioner shall give final approval or rejection to all negotiated labor contracts and settlements for civil service employees based on compliance with this chapter and commission rules.

Source: SL 2012, ch 23, § 50; SL 2019, ch 21, § 35.


     3-6D-14.   Promulgation of rules governing discipline, conditions of work, and grievance procedures. The commission shall promulgate rules, pursuant to chapter 1-26, governing civil service employees in matters of discipline, retirement, standards of conduct, adverse actions, political activity in employment, hours of work, equal opportunity, complaints, grievances and appeals to the commission, and reductions in force due to nondisciplinary reasons.

Source: SL 2012, ch 23, § 51; SL 2019, ch 21, § 36.


     3-6D-15.   Grievances--Hearing--Notice--Summary disposition. If a grievance remains unresolved after exhaustion of an agency grievance procedure, a civil service employee may demand a hearing before the commission as provided for in contested cases in chapter 1-26. The proceedings shall be held as provided in chapter 1-26. The commission shall provide notice of the hearing within thirty calendar days of an employee's request for a hearing. The commission shall conduct a hearing within thirty calendar days of the notice of the hearing unless the hearing is continued for good cause or unless the commission determines, upon the motion of any party, that the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that a grievance, defense, or claim presents no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. The commission, upon the motion of any party, may dispose of any grievance, defense, or claim at the close of the evidence offered by the proponent of the grievance, defense, or claim if the commission determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim. The human resources commissioner shall schedule the hearing to ensure compliance with the time frames provided in this section. If the grievant agrees, the commissioner may appoint a hearing examiner as authorized in § 1-26-18.3.
     Any final action or decision may be appealed pursuant to chapter 1-26.

Source: SL 2012, ch 23, § 52; SL 2018, ch 12, § 4; SL 2019, ch 21, § 37.


     3-6D-16.   Good cause for employee discipline--Order upholding or reversing agency decision. In resolving grievances involving the discipline of a civil service employee, the commission shall determine and decide whether the action was made for good cause. If the commission finds that the action was made for good cause, the commission shall enter an order upholding the decision of the agency disciplining the employee. If, however, the commission finds that the action was made without good cause, the commission shall enter an order reversing the decision of the agency.

Source: SL 2012, ch 23, § 53; SL 2019, ch 21, § 38.


     3-6D-17.   Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget. In resolving a grievance, the commission may reinstate a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to § 3-12C-401. Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.

Source: SL 2012, ch 23, § 54; SL 2012, ch 26, § 16; SL 2019, ch 21, § 39.


     3-6D-18.   Assistance of agencies--Agency level procedures. Each agency shall adhere to, and assist the human resources commissioner in administering the provisions of this chapter. An agency may formulate agency level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the commission or the human resources commissioner. The procedures shall be reviewed and approved by the human resources commissioner before implementation.

Source: SL 2012, ch 23, § 55; SL 2019, ch 21, § 40.


     3-6D-19.   Records of administrative costs--Billing of agencies. The human resources commissioner shall maintain accurate records reflecting the costs of administering the provisions of this chapter. The human resources commissioner shall summarize the cost and shall bill each department, office, institution, or bureau for a pro rata share of the administrative cost.

Source: SL 2012, ch 23, § 56; SL 2019, ch 21, § 41.


     3-6D-20.   Prohibited conduct by applicants--Misdemeanor. An applicant for a civil service position may not:
             (1)      Directly or indirectly give, render, or pay, or promise to give, render, or pay any money, service, or other thing to any person, for or on account of, or in connection with an examination, appointment, or proposed appointment; or
             (2)      Submit, with the intent to deceive, any false application, credential, test, or examination to a hiring authority for the purpose of obtaining any appointment or proposed appointment or promotion.
     A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 23, § 57; SL 2019, ch 21, § 42.


     3-6D-21.   Interference with rights under chapter--Secret information--Misdemeanor. An employee of the bureau or any other person may not defeat, deceive, or obstruct any person's right to examination, eligibility, certification, or appointment pursuant to this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the civil service. A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 23, § 58; SL 2019, ch 21, § 43.


     3-6D-22.   Grievance for retaliation against whistleblower. A civil service employee may file a grievance with the commission if the employee believes that there has been retaliation because of reporting a violation of state law through the chain of command of the employee's agency, to the attorney general's office, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section.

Source: SL 2012, ch 23, § 59; SL 2017, ch 32, § 12; SL 2019, ch 21, § 44.


     3-6D-23.   Probationary period--Dismissal without cause. A person upon accepting civil service employment with any agency covered by this chapter shall be placed on a probationary period. For a law enforcement officer, the probationary period shall be twelve months. For all other civil service employment, the probationary period shall be six months. During this time the person may be dismissed without cause.

Source: SL 2012, ch 23, § 60.


     3-6D-24.   Records on law enforcement employees. The director of the Division of Criminal Investigation shall establish and maintain records on law enforcement employees within the Division of Criminal Investigation relating to the provisions of this chapter.

Source: SL 2012, ch 23, § 61.


     3-6D-25.   Government Operations and Audit Committee to investigate matters referred by Division of Criminal Investigation. The Government Operations and Audit Committee shall review and investigate any matter referred to the committee by the Division of Criminal Investigation and may recommend appropriate action. The committee shall promptly notify the subject of the affidavit and resolve the matter in a reasonable time.

Source: SL 2017, ch 73, § 5.


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