Skip to code content (skip section selection)
Compare to:
Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
CHAPTER 30: CITY COUNCIL
CHAPTER 31: DEPARTMENTAL ORGANIZATION
CHAPTER 32: CITY ORGANIZATIONS
CHAPTER 33: EMERGENCY MANAGEMENT
CHAPTER 34: ETHICS
CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD
CHAPTER 36: FINANCES
CHAPTER 37: TAXATION
CHAPTER 38: ELECTIONS
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS
GENERAL PROVISIONS
HUMAN RESOURCES DEPARTMENT
CIVIL SERVICE; GENERALLY
CIVIL SERVICE BOARD
APPOINTIVE OFFICERS
CLASSIFICATION AND PAY PLAN
LEAVE PROGRAM; GENERALLY
VACATION LEAVE
SICK LEAVE
EMPLOYEE’S RETIREMENT SYSTEM; GENERALLY
EMPLOYEE’S RETIREMENT SYSTEM; BOARD OF TRUSTEES
FIREFIGHTERS’ PENSION FUND; GENERALLY
FIREFIGHTERS’ PENSION FUND; RETIREMENT BOARD
CHAPTER 40: ADMINISTRATIVE CODE ENFORCEMENT
CHAPTER 41: FEES
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
Loading...
§ 39.049 DISQUALIFICATIONS.
   The civil service board and/or designee may refuse to examine an applicant or after examination to certify an eligible person and may remove his or her name from the eligible list for any of the following reasons:
   (a)   He or she is found to lack any of the established preliminary requirements for the position and grade for which he or she applies; or where bona fide, physical job requirements exist in a position that cannot be reasonably accommodated;
   (b)   He or she poses a significant risk to the health and safety of others or to property that cannot be eliminated by reasonable accommodations;
   (c)   He or she has been guilty of a crime or immoral conduct;
   (d)   He or she tests positive for drugs or alcohol as a result of an alcohol and drug screening;
   (e)   He or she has been guilty of a dishonest act;
   (f)   He or she has been dismissed from public service for delinquency or misconduct;
   (g)   He or she has used or attempted to use any personal or political influence to further his or her eligibility or appointment;
   (h)   He or she is found by the board to have committed any act, either while in the service of the city or otherwise, or to have any deficiency or disqualification which in the judgment of the board would be sufficiently serious to constitute a just cause for discharge from the city service; or
   (i)   He or she has been found to be deficient in personal qualifications requisite for the position for which he or she applies.
(1957 Rev. Ords., § 3.132; 1992 Code, § 30-36) (Ord. 87-91, passed 11-25-1991; Ord. 28-00, passed 4-10-2000)
§ 39.050 NAMES CERTIFIED; NEW HIRES.
   The civil service board or its designee, shall, as soon as possible after the examinations, certify to the hiring authority the names of the eligible candidates for each class of position in alphabetical order and absent test scores. The hiring authority may select any one of the candidates certified by the civil service board or its designee subject to review by the human resources department. All vacancies and positions under civil service which shall occur before the holding of the next examination shall be filled from the list, except when there exists a reinstatement eligible list.
(1957 Rev. Ords., § 3.120; 1992 Code, § 30-37a) (Ord. 45-82, passed 4-26-1982; Ord. 39-89, passed 5-8-1989; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000)
§ 39.051 NAMES CERTIFIED; PROMOTION/TRANSFER.
   The civil service board or its designee shall, as soon as possible after the examinations required in this subchapter, certify to the hiring authority the names of the eligible candidates for each class of position. The eligible list for nonmanagement uniformed police and fire department vacancies shall be certified by name in order of highest score. All other eligibility lists shall be certified by name in alphabetical order and absent test scores. All vacancies in the positions under civil service which shall occur before the holding of the next examination shall be filled from the list.
(1957 Rev. Ords., § 3.120; 1992 Code, § 30-37b) (Ord. 45-82, passed 4-26-1982; Ord. 39-89, passed 5-8-1989; Ord. 87-91, passed 11-25-1991; Ord. 71-10, passed 10-4-2010)
§ 39.052 TEMPORARY ASSIGNMENTS AND APPOINTMENTS.
   (a)   To prevent the delay of public business or to meet extraordinary exigencies, a department head may make temporary assignments or appointments within a department or to another department.
   (b)   If the temporary assignment or appointment is of an employee from one department to another department, it shall be with the consent of the head of the receiving department and at the discretion of the head of the transferring department, from those employees in the transferring department who are qualified to perform the assigned duties with the receiving department.
   (c)   When employees from other departments are temporarily assigned or appointed to another department under division (a) above, they shall be subject to the direction and supervision of the receiving department personnel only for the purposes of accomplishing the immediate required tasks and hours of work. Otherwise and for all other purposes, the temporarily assigned or appointed employees remain subject to the rules, regulations and rights of the department from which they were temporarily assigned. The temporarily assigned or appointed employees shall receive wages at their normal scale of pay with their normal employing department, when temporarily assigned to another department, which wages will be paid from the budget of the receiving department. Any overtime wages accrued, as defined by § 39.129, will be computed on the employee’s normal scale of pay with their normal employing department, and will be paid from the budget of the receiving department.
   (d)   In the specific implementation of this section, when a snow removal alert as defined in § 96.102 is declared, the department head of any department may temporarily assign or appoint to the public works department as many of the employees of that department as are available, or are required by the public works department for the purpose of efficient snow removal.
   (e)   Nothing in division (d) above shall prevent persons not presently employed by the city from being so temporarily assigned or appointed to a department under the provisions of division (a) above.
(1957 Rev. Ords., § 3.128; 1992 Code, § 30-38) (Ord. 87-83, passed 11-14-1983; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995)
§ 39.053 PROMOTIONS GENERALLY.
   The civil service board shall provide by rule for promotions to all positions in the classified service, based on merit, efficiency, character, conduct and seniority.
(1957 Rev. Ords., § 3.129; 1992 Code, § 30-39) (Ord. 87-91, passed 11-25-1991)
§ 39.054 PROMOTIONAL EXAMINATION.
   (a)   Promotion to any position in the classified service shall be by means of examination, except as otherwise provided by the ordinances and civil service rules of the city. Examinations for promotion shall be held when there are one or more persons eligible to take the examinations and it is considered for the good of the city to hold the examination.
   (b)   An original entrance examination may also be held when:
      (1)   There are not more than two persons eligible for promotion to a class of position covered by a collective bargaining agreement, unless otherwise specifically set forth in that agreement; or
      (2)   There are not more than six persons eligible for promotion to a class of position under civil service not covered by a collective bargaining agreement.
(1957 Rev. Ords., § 3.133; 1992 Code, § 30-40) (Ord. 87-91, passed 11-25-1991; Ord. 84-92, passed 9-28-1992)
§ 39.055 ELIGIBILITY FOR PROMOTION.
   (a)   The length of city service necessary to qualify a person for promotion shall be prescribed by the board at the time of examination, provided that the time shall not be less than six months. This six-month minimum service requirement may be waived by the mayor upon recommendation of the director based on individual circumstances to meet organizational needs.
   (b)   SERVICE as used in this section means service as a result of regular appointment. Persons on leave of absence or on the reinstatement list, if otherwise qualified, shall be eligible to take a promotional examination only with the approval of the board.
   (c)   If the employee is represented by a bargaining unit which has entered into an agreement with the city concerning eligibility for promotion, the terms of that agreement will govern that employee’s eligibility for promotion within that bargaining unit.
(1957 Rev. Ords., § 3.134; 1992 Code, § 30-41) (Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 28-00, passed 4-10-2000)
§ 39.056 PROBATION PERIOD.
   (a)   An appointment is not complete until a 12-month probation has elapsed. An interdepartmental promotion/transfer is not complete until a six-month probation has elapsed unless otherwise specified in a collective bargaining agreement. Completion of a probation period may be waived by the sending and receiving departments for an interdepartmental promotion/transfer. A probationer may be discharged or demoted at any time within a probationary period upon the recommendation of the head of the department. The department head shall notify the board at the end of the probation period as to acceptance or rejection of the probationer.
   (b)   A reclassification shall not require the completion of a probation period. The employee will progress in the normal prescribed intervals based on the effective date of his or her last increase unless the anniversary date is adjusted as the result of a change in the hourly or biweekly rate of pay.
   (c)   Should a probationer be absent from the job for more than 30 days during the probationary period, the probationary period will be extended for a period of time equal to the absence in order to enable the probationer to complete the full probationary period.
   (d)   Should a promoted probationary employee decide within 30 calendar days of promotion to return to his or her former position, the employee shall make the request to the current department head and shall be returned to the former position within ten calendar days of the request. Should a transferred probationary employee decide within 30 calendar days of transfer to return to his or her former position, the employee shall make the request to his or her current department head and may be returned to the former position within ten calendar days if that former position has not yet been filled or eliminated.
(1957 Rev. Ords., § 3.130; 1992 Code, § 30-42) (Ord. 2129, passed 2-5-1962; Ord. 84-75, passed 12-15-1975; Ord. 24-91, passed 3-25-1991; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 28-00, passed 4-10-2000)
§ 39.057 DEMOTION ALLOWED.
   An employee may be demoted from a higher rated position to a lower rated position for cause. The request may be made by the department head, but the demotion shall become effective only upon recommendation of the supervising department director and concurrence by the human resources department.
(1957 Rev. Ords., § 3.138; 1992 Code, § 30-44) (Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 4-05, passed 1-10-2005)
Loading...