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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
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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§ 39.107 QUALIFICATION.
   (a)   All appointive officers shall, before entering upon the discharge of their duties, take and subscribe on oath or affirmation of office in the form required by the constitution.
   (b)   Each officer except the city finance officer shall furnish an undertaking to be approved by the mayor payable to the city in the sum of $10,000 conditioned for the faithful performance of the duties of their respective offices and to account, pay over and deliver all money or property coming into their hands by virtue of their office according to law.
   (c)   The amount of the bond of the city finance officer shall be annually established by the mayor in an amount equal to the maximum amount estimated to be on hand at any one time but the amount of the bond required of the finance director shall not exceed the sum set out in SDCL 9-14-6.1, as amended.
   (d)   All undertakings after approval by the mayor shall be filed with the city clerk.
(1992 Code, § 30-85) (Ord. 27-76, passed 4-19-1976; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997)
§ 39.108 COMMISSIONS AND CERTIFICATES OF APPOINTMENT.
   All appointive officers shall receive a certificate of appointment signed by the mayor and city clerk.
(1992 Code, § 30-86) (Ord. 27-76, passed 4-19-1976; Ord. 87-91, passed 11-25-1991; Ord. 139-95, passed 11-6-1995)
§ 39.109 NOTICE OF ADOPTION.
   The job descriptions made a part of this subchapter are on file in the office of the city clerk and the human resources department and are available for examination and inspection.
(1992 Code, § 30-87) (Ord. 27-76, passed 4-19-1976; Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000)
CLASSIFICATION AND PAY PLAN
§ 39.120 APPLICATION OF PLAN; EMPLOYEES COVERED.
   This subchapter applies only to those employees in the civil service of the city as provided in §§ 39.035 through 39.068 and 39.080 through 39.092, except as specifically provided in this section. A position classification plan, prepared by the director and approved by the civil service board and the mayor, as amended, shall constitute a description of the duties and responsibilities of civil service positions. The plan shall serve as a guide for the development and implementation of a systematic salary plan for those employees and development of examination, transfer, promotion, reassignment and training procedures. Notwithstanding any provisions of this subchapter as they existed prior to the adoption of the ordinance from which this section is derived, as amended, the operation and application of any previous classification and pay plans including the step placement and step advancement of all city employees, including appointive officers, prior to the effective date of the ordinance from which this section is derived, as amended, are ratified.
(1957 Rev. Ords., § 2.208; 1992 Code, § 30-96) (Ord. 2669, passed 3-3-1970; Ord. 24-91, passed 3-25-1991; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995)
§ 39.121 OPERATION OF PLAN; STEP ADVANCEMENT.
   (a)   Except as otherwise provided in this section, an employee's eligibility for step advancements within the city's position classification and pay plan is pursuant to the completion of the waiting period within each step as shown in the following table:
From Step
To Step
Waiting Period in Months
From Step
To Step
Waiting Period in Months
1
2
12
2
3
12
3
4
12
4
5
12
5
6
24
6
7
24
7
8
24
8
9
24
 
   (b)   New employees under the city's classification and pay plan will start at step 1 except as specifically provided in § 39.124. Upon completing the waiting period in each step as shown in division (a) above, the employee will advance to the next step unless cause for denial is shown by the employer. If cause is shown by the employer and an employee is denied step advancement at the time of eligibility, the employer may grant the employee that step advancement at any time thereafter.
   (c)   The employee's anniversary date for purposes of step advancement eligibility will be the month and day of the actual hire date unless cause for denial is shown by the employer. When a step is denied, the anniversary date for future step advancement eligibility will be the effective date of the next step increase that is granted.
   (d)   Should an employee be absent from the job on unpaid leave for more than 30 days during the waiting period for step advancement eligibility, the waiting period for that step will be extended for a period of time equal to the absence, and the employee's anniversary date for future step advancement eligibility will be adjusted to the effective date of the next step increase that is granted.
   (e)   If step advancement is granted, it shall be granted on the first day of the biweekly pay period which is nearest to the anniversary date of the employee.
   (f)   A midmanagement employee may be eligible for an annual accelerated step advancement under the city's position classification and pay plan. Accelerated step placement will be based upon documented excellence in employee performance. Any acceleration of step advancement for excellence in performance must be recommended by the director and approved by the director of human resources and the mayor.
(1957 Rev. Ords., § 2.210; 1992 Code, § 30-97) (Ord. 2669, passed 3-3-1970; Ord. 84-75, passed 12-15-1975; Ord. 100-76, passed 11-29-1976; Ord. 130-81, passed 12-28-1981; Ord. 41-83, passed 6-27-1983; Ord. 97-83, passed 11-21-1983; Ord. 24-91, passed 3-25-1991; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 4-01, passed 1-8-2001; Ord. 73-01, passed 8-6-2001; Ord. 97-16, passed 8-9-2016)
§ 39.122 PROMOTION/TRANSFER; SALARY CHANGES.
   (a)   The word PROMOTION as used in this section applies to an actual permanent vacancy resulting in the movement of an employee from his or her present job classification to another job classification having a higher maximum biweekly or hourly rate of pay. The word TRANSFER as used in this section applies to an actual permanent vacancy resulting in the movement of an employee from his or her present job classification or position to another job classification or position having an equivalent or lower maximum biweekly or hourly rate of pay.
   (b)   An employee promoted to fill a vacant position shall be placed into the salary step of the pay grade which is at least, and is closest to, 5% higher than the salary received prior to the promotion. Based upon qualifications and the needs of the city, and upon the recommendation of the director of human resources, the mayor may approve placements above 5%. However, if salary Step 9 of the new position is less than 5% higher than the salary amount received prior to promotion, the employee will be placed at Step 9 and receive the lower percentage increase in pay. A promoted employee is not eligible for a step increase upon completion of probation. Upon recommendation of the director of human resources, the mayor may adjust salary steps.
   (c)   When an employee transfers from a position in one department to a position in another department without a change in job classification, the employee’s salary step and rate of pay shall remain the same.
   (d)   When an employee transfers to a job classification with the same or lower maximum biweekly or hourly rate of pay, the employee must have completed a minimum of one year of experience in the same field at the same level of difficulty for each step granted above step 1 in the new pay scale. The salary step placement will be made at the discretion of the department head, subject to approval by the director of human resources.
   (e)   After successful completion of a six-month probationary period, a transferred employee may be eligible to advance to the next step in the salary grade. An employee shall only be eligible for a probationary step advancement if the employee’s biweekly or hourly rate of pay was reduced at the time of transfer. The anniversary date for future step advancement eligibility shall be the effective date of the probationary step advancement if one is granted.
   (f)   The anniversary date for future step advancement eligibility will not be adjusted at the time of promotion or transfer unless there is a change in the biweekly or hourly rate of pay. If the biweekly or hourly rate of pay is changed, the anniversary date for future step advancement eligibility shall become the effective date of promotion or transfer.
(1992 Code, § 30-98) (Ord. 24-91, passed 3-25-1991; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 129-99, passed 12-13-1999; Ord. 30-02, passed 4-8-2002)
§ 39.123 REASSIGNMENT; SALARY CHANGES.
   Those employees not represented by a collective bargaining unit are subject to the following provisions:
   (a)   Reassignment for employees applies to a personnel action where no actual vacancy exists but an employee's job classification and/or pay grade is changed. This personnel action will result from a management-initiated job audit or reorganization.
   (b)   When the pay grade for a classification is upgraded or if an employee is reassigned to a classification having a higher maximum or hourly rate of pay, the employee's salary shall:
      (1)   Go to the step with the salary amount in the new pay grade which is at least and closest to 3% over the salary amount received in the prior pay grade if the employee has not been performing the duties commensurate with their higher pay grade prior to their reassignment; or
      (2)   Go to the step in the new pay grade which is at least and closest to 5% over the salary amount received in the prior pay grade if the employee is, through a management-initiated audit, determined to have been performing duties commensurate with the higher pay grade prior to the reassignment.
   (c)   When an employee is reassigned to a job classification due to a management-initiated job audit or reorganization having the same maximum biweekly or hourly rate of pay, the employee's salary step rate of pay and the step anniversary date for future advancement shall remain the same.
   (d)   When the pay grade for a classification is downgraded or when an employee is reassigned to a job classification due to a management-initiated job audit or reorganization having a lower maximum biweekly or hourly rate of pay, the employee shall be placed into the salary step of the new pay grade which is next, lower than and closest to the salary amount received prior to the reassignment, and the step anniversary date for future advancement shall remain the same. When the employee's salary level, prior to reassignment, is greater than step 9 of the newly assigned pay grade, the employee's biweekly or hourly rate of pay shall be frozen as of the date of the reassignment. The employee's salary rate shall remain frozen until a time as step 9 of the pay grade assigned to the employee's classification is equal to or greater than the employee's frozen salary rate of pay. When that occurs, the employee shall be placed into step 9 of the new pay grade assigned to the employee's classification.
   (e)   If reassignment occurs and the employee is reassigned to a higher pay grade, the employee's anniversary date for future step advancement eligibility will be the effective date of the reassignment.
(1957 Rev. Ord., § 2.211; 1992 Code, § 30-99) (Ord. 2669, passed 3-3-1970; Ord. 80-77, passed 11-28-1977; Ord. 58-83, passed 8-29-1983; Ord. 24-91, passed 3-25-1991; Ord. 87-91, passed 11-25-1991; Ord. 97-92, passed 11-9-1992; Ord. 44-93, passed 5-24-1993; Ord. 32-94, passed 4-11-1994; Ord. 97-16, passed 8-9-2016)
§ 39.124 STARTING ABOVE MINIMUM STEP.
   New employees under the city’s classification and pay plan may be placed in a step above step 1. Any placement above step 1 must be approved by the director of human resources. Any placement above step 5 must also be approved by the mayor. Upon recommendation of the director of human resources and approval of the mayor, salary step adjustments may be made for incumbents affected by entrance salary placements.
(1957 Rev. Ords., § 2.212; 1992 Code, § 30-100) (Ord. 2669, passed 3-3-1970; Ord. 99-84, passed 6-25-1984; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 9-99, passed 1-4-1999; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001)
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