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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
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§ 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)
§ 39.058 DEMOTION, DISCHARGE, SUSPENSION; GENERALLY.
   No employee shall be suspended, discharged or demoted from his or her position except for just cause, which shall not be race, color, religion, sex, sexual orientation, national origin, creed, ancestry, pregnancy, age, genetic information or disability.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-45) (Ord. 87-91, passed 11-25-1991; Ord. 28-00, passed 4-10-2000)
§ 39.059 DEMOTION, DISCHARGE, SUSPENSION; CAUSES.
   The following will be considered as causes for discharge, suspension, or demotion of an officer or an employee in the classified civil service, although discharges, suspensions, or demotions may be made for other causes:
   (a)   Has been convicted of a criminal offense or of a misdemeanor involving moral turpitude;
   (b)   Has willfully, wantonly, or through culpable negligence been guilty of brutality or cruelty to a prisoner or to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense, or to protect the lives of others, or to prevent the escape of a person lawfully in custody;
   (c)   Has willfully violated any of the provisions of the civil service or of the rules of the board;
   (d)   Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or reasonable direction made and given by his or her superior officer, where the violation or failure to obey amounts to an act of insubordination or a serious breach of proper discipline, or resulted or reasonably might be expected to result in loss or injury to the city, or to the public or to the prisoners or wards of the city;
   (e)   Has been guilty of acts constituting insubordination or of any conduct unbecoming an officer or employee of the city;
   (f)   Has committed any one of the following unless it is committed by a public safety officer who is legally or specifically authorized to do so while acting in the line of duty:
      (1)   Has unlawfully used, possessed, manufactured, distributed, dispensed, or been under the influence of any controlled substance on or off the job;
      (2)   Has unlawfully used, possessed, manufactured, distributed, or dispensed drug paraphernalia on or off the job;
      (3)   Has at any time used, possessed, or been under the influence of alcohol while working, while performing job duties, while on the city's premises, or while operating city vehicles, machinery, or equipment; or
      (4)   Has violated any provision of the city's substance abuse prevention policy.
   (g)   Is wantonly offensive in his or her conduct or language toward the public or toward city officers or employees;
   (h)   Is incompetent or inefficient in the performance of the duties of his or her position;
   (i)   Is careless or negligent of the property of the city;
   (j)   Has disclosed privileged or confidential city information to unauthorized person(s) without the specific authorization of a director or manager to do so;
   (k)   Has used or threatened to use, or attempted to use political influence in securing promotion, leave of absence, transfer, change of grade, pay, or character of work;
   (l)   Has induced or has attempted to induce an officer or employee in the service of the city to commit an unlawful act or to act in violation of any lawful and reasonable department or official regulation or order; or has taken any fee, gift, or other valuable thing in the course of his or her work or in connection with it for his or her personal use from any citizen, 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 citizens;
   (m)   Has induced or attempted to induce any person doing business with the city to give employment to any relative of the city officer or employee, or has induced or attempted to induce any person to show any material favor or consideration of any kind to any relative of the city officer or employee, when the officer or employee holds a position in a department or office having direct contact with the person;
   (n)   Has been guilty of an immoral or criminal act; or
   (o)   Has been guilty of any other act or omission deemed sufficient cause by the board.
(1957 Rev. Ords., § 3.139; 1992 Code, § 30-46) (Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 97-16, passed 8-9-2016)
§ 39.060 DEMOTION, DISCHARGE, SUSPENSION; NOTICE.
   (a)   Notice of disciplinary action to include warning, suspension, reduction, or discharge from a position in the civil service shall be documented on an incident report form and immediately forwarded to the human resources department. A copy of this incident report shall be provided to the disciplined employee.
   (b)   If an employee is being discharged, he or she shall be given a copy of the reasons for his or her discharge in writing and shall be afforded a predetermination opportunity to respond to intended disciplinary action.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-47) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 97-16, passed 8-9-2016)
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