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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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§ 39.135 CERTIFICATION OF PAYROLLS.
   (a)   The director of human resources shall compare the payroll with the official roster or other record to determine the accuracy of employee job information.
   (b)   It shall be unlawful for any auditing, disbursing or other officer of the city to pay or cause to be paid, directly or indirectly, any salary, wage or other compensation to any person whose name appears on the payroll whose appointment and employment has not been in accordance with the rules established by the civil service board or appropriate state statutes.
   (c)   No payroll proposing the payment of wages or salary to any person in the city service whose name does not appear on the office roster or whose name has been ordered removed therefrom shall be certified or approved for payment for the period between the end of the last payroll period and date when the employee’s name is removed or ordered removed from the official roster.
(1957 Rev. Ords., § 2.228; 1972 Code, § 30-112; 1992 Code, § 30-111) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 4-01, passed 1-8-2001)
§ 39.136 INCENTIVE PLAN.
   (a)   A lump sum payment may be made in addition to the midmanagement employee’s normal salary for a fiscal calendar year in order to recognize the extraordinary demands of the business and/or completion of a key project that requires extraordinary effort.
   (b)   The incentive payment is determined at the sole discretion of the mayor and not pursuant to any prior contract agreement or promise causing the employee to expect the payment regularly.
   (c)   The midmanagement employee shall have no contract right expressed or implied to any amount. In no case shall the incentive payment exceed 5% of the midmanagement employee’s annual salary as of January 1 of a calendar year.
   (d)   Any recommendation for incentive pay shall be prepared by the department head, reviewed by the director and approved by the mayor. The recommendation shall contain statements and facts supporting the extraordinary demands and/or key project requiring extraordinary effort.
(1992 Code, § 30-112) (Ord. 37-95, passed 3-6-1995)
LEAVE PROGRAM; GENERALLY
§ 39.155 ABSENCE WITHOUT LEAVE.
   Absence from duty without leave or failure to report after leave has expired or has been disapproved, revoked or cancelled shall be grounds for suspension, reduction or discharge as provided by the civil service rules.
(1957 Rev. Ords., § 3.207; 1992 Code, § 30-123) (Ord. 87-91, passed 11-25-1991)
§ 39.156 HOLIDAYS ENUMERATED.
   (a)   (1)   Holidays shall mean days in which the mayor, appointive officers and regular employees not represented by a collective bargaining unit, excluding uniformed nonmanagement fire department employees, of the city, whose services are not essential on holidays, are permitted to absent themselves from work with pay. The following are official holidays of the city:
New Year’s Day
January 1
Martin Luther King Jr. Day
3rd Monday in January
President’s Day
3rd Monday in February
Memorial Day
Last Monday in May
Juneteenth Day
June 19
Independence Day
July Fourth
Labor Day
1st Monday in September
Native American’s Day
2nd Monday in October
Veterans’ Day
November 11
Thanksgiving Day
4th Thursday in November
Christmas Day
December 25
 
      (2)   When an official holiday falls on Sunday, the following Monday shall be designated as a substitute holiday and observed as an official holiday. When an official holiday falls on Saturday, the preceding Friday shall be designated as a substitute holiday and observed as an official holiday.
   (b)   Employees are eligible for holiday pay from their first day of employment. Unless otherwise provided, employees shall receive eight hours pay for the day on which a designated holiday is observed.
   (c)   Shift fire management employees and shift police lieutenant employees shall be granted annually an equal number of additional shifts off as there are legal holidays recognized by the city. Holiday leave for terminating employees and employees on an approved unpaid leave of absence shall be prorated according to the number of official holidays having occurred as of the employees’ separation date.
   (d)   Classified and emergency services employees shall be paid at guaranteed overtime rate of two times the employee’s regular base hourly rate for all hours worked on Thanksgiving and Christmas.
   (e)   Upon discharge, resignation in good standing, retirement or death, holiday leave not used shall not be compensated for in cash nor shall the date of separation be extended through the use of unused holiday leave.
(1957 Rev. Ords., § 2.222; 1992 Code, § 30-124) (Ord. 2669, passed 3-3-1970; Ord. 108-73, passed 12-3-1973; Ord. 64-74, passed 12-2-1974; Ord. 100-76, passed 11-29-1976; Ord. 117-78, passed 11-27-1978; Ord. 126-81, passed 12-28-1981; Ord. 42-82, passed 4-19-1982; Ord. 4-83, passed 1-31-1983; Ord. 96-83, passed 11-21-1983; Ord. 13-84, passed 1-30-1984; Ord. 24-85, passed 4-1-1985; Ord. 124-90, passed 12-24-1990; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 4-01, passed 1-8-2001; Ord. 93-21, passed 8-17-2021; Ord. 115-23, passed 12-5-2023)
§ 39.157 EMPLOYEES ELIGIBLE FOR HOLIDAY LEAVE.
   (a)   The mayor and every officer and civil service employee is eligible for holiday leave. An employee shall not be paid holiday pay for holidays which occur during an approved, unpaid leave of absence. If a holiday immediately precedes or follows the approved unpaid leave of absence, the employee must work or be on authorized paid leave the regularly scheduled work day preceding or following the holiday to be paid for that holiday.
   (b)   Regular part-time employees shall earn holiday pay prorated according to paid regular hours in the preceding year in comparison to holidays granted to regular full-time employees. In the first year of part-time status, an employee’s holiday pay will be prorated based on their regular work schedule.
(1957 Rev. Ords., § 2.223; 1992 Code, § 30-125) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995)
§ 39.158 JURY DUTY AND WITNESS FEES.
   (a)   Any nonexempt employee who is called upon for jury duty during regularly scheduled work hours shall not suffer any loss of regular base pay; provided, however, upon the termination of jury duty, the employee shall remit to human resources any fees, mileage, or other remuneration received for their participation in jury duty. An employee who is compensated for jury duty on a day that is other than a regular scheduled workday shall retain such compensation for that day.
   (b)   Any witness fees, allowances, or other remuneration received by an exempt or nonexempt employee for acting as a witness on behalf of and in the course of city duties must be remitted to the city. Failure to submit the funds to the city will result in the deduction of the amount from the employee's regular compensation.
(1957 Rev. Ords., § 2.224; 1992 Code, § 30-126) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 97-16, passed 8-9-2016)
§ 39.159 MILITARY SERVICE LEAVE.
   (a)   Request for military leave of absence. An employee who wishes to be granted military leave of absence must submit the request and a copy of his or her official orders or other records from the military service to the immediate supervisor or department head prior to the dates of attendance. If the reservist or National Guard member submits a copy of his or her official annual training schedule prior to the beginning of the year’s military activities, theemployee need only submit a separate request and orders for those training duties not included on the annual schedule or when the annual schedule is modified.
   (b)   Active duty.
      (1)   An employee who enlists or is called into active duty for the military service of the United States or who in time of national emergency voluntarily enlists for active duty shall be granted military leave for the time necessary to permit completion of the military service. In order to have reemployment rights, a person leaving active duty in the military service of the United States must apply to the city for reemployment within the applicable timeframes established under federal law. This applies to inductees and enlistees as well as to reservists and National Guard members performing full active duty as opposed to initial active duty for training or active or inactive duty training or other active duty where different reemployment rights are defined by federal statute.
      (2)   Employees activated to service by the President of the United States because of war or reasons attributed to the war on terrorism may be eligible to receive pay augmentation in those cases where their base military rate of pay is less than the base rate of pay received from the city at the time they went on active duty. When an employee’s base military pay is less than the employee’s base city pay at the time of activation, the employee may be eligible for payment for the difference under the following provisions and/or guidelines:
         A.   Pay augmentation will be based upon the employee’s base hourly/biweekly rate and monthly military base rate as of the date of activation;
         B.   Pay augmentation shall begin the first full day following activation;
         C.   Activated employees who use paid time-off benefits in any given month are not eligible for the pay augmentation for that month as described in this division (b)(2);
         D.   Hours actually worked in any full month while activated shall be deducted from any pay augmentation;
         E.   Any cost of living adjustments shall be included when determining eligibility for any monthly pay augmentation;
         F.   Those employees eligible to receive pay augmentation must submit the actual monthly military pay stub to the city. Once the calculations have been computed, the city will provide the payment in the next available scheduled pay period;
         G.   Employees who are eligible and receive pay augmentation, as set forth in this division (b)(2), will have the employee pension contribution temporarily suspended only for purposes of pay augmentation as described in this division (b)(2); and
         H.   Employees activated to service pursuant to this section shall be entitled to accrue sick and vacation leave benefits, subject to the limitations in this agreement, as if they had remained in continuous service to the city.
   (c)   Reserve or National Guard; initial active duty for training, annual encampment, weekend drill and other training duty. Appointive officers, midmanagement, classified, or emergency services employees who enlist as a reservist or a member of the National Guard shall be granted time off for two-week annual encampment, weekend drill duty and training, initial active duty for training and other active and inactive training duty. The period of military leave shall be taken without pay. The reservist or National Guard member must report back to his or her civilian job at the beginning of his or her first regularly scheduled shift on the first day after the completion of initial active duty for training or other training duty plus the necessary travel time to return from the training site to the place of employment. He or she is also entitled to a reasonable rest time and a reasonable time thereafter if return is delayed by factors beyond his or her control. If an employee fails to report to his or her job within the specified time period, he or she may be subject to the penalties which would be imposed on any employee who is tardy or absent without permission. If an employee separates employment with the city in order to enlist in the Reserves or National Guard, he or she must reapply to the city within 31 days after his or her separation from initial active duty for training in the Reserves or National Guard in order to retain employment rights.
   (d)   Holidays. An employee shall not be paid holiday pay for holidays which occur during an approved unpaid leave of absence for military service. If a holiday immediately precedes or follows the approved unpaid leave of absence for military service, the employee must work the regularly scheduled workday preceding or following the holiday to be paid for that holiday.
   (e)   Applicability of federal law. Any employee who participates in any branch of the military service of the United States is covered by and subject to federal statute, 38 U.S.C. § 43 and all other applicable statutes.
(1957 Rev. Ords., § 2.225; 1992 Code, § 30-127) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 4-01, passed 1-8-2001; Ord. 04-04, passed 1-12-2004; Ord. 115-23, passed 12-5-2023)
§ 39.160 SENIORITY RIGHTS FOR MILITARY SERVICE LEAVE.
   During an unpaid military leave of absence, the seniority rights of an employee shall continue and accumulate in the same manner and to the same extent as if the leave of absence had not been granted and the employee had been continuously in the employ of the city. An employee on military leave of absence shall be entitled to all rights and benefits as are defined by applicable federal statutes. The employee shall not be entitled to payment of salary or wages by the city during the military leave of absence except as provided in § 39.159.
(1957 Rev. Ords., § 3.202; 1992 Code, § 30-128) (Ord. 87-91, passed 11-25-1991; Ord. 04-04, passed 1-12-2004)
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