Human Resources - Career Service

Board of Regents policies governing Career Service Act employees can be found in Section 4 of the Board of Regents Policy Manual. CSA employees are subject to Bureau of Personnel Rules and Regulations and are governed by SDCL 3-6 and 3-6A and the Joint Powers Agreement between the Career Service Commission and the South Dakota Board of Regents.

Appointment

Annual salary information is provided to each CSA employee at or near the beginning of the fiscal year.

Advisory Council

A State Career Service Advisory Council is organized to promote communications between the Board of Regents, Office of the Executive Director, Council of Presidents and Superintendents, and career service employees through discussion of matters of concern to all parties. A career service employee from each of the institutions reporting to the Regents is elected to attend the Advisory Council meetings held in October and April.

Career Service Council

The Dakota State Career Service Council is established to serve as a liaison between all CSA employees and the President of DSU and the Board of Regents. The Council is composed of voting members who are elected from their respective classification groups, including clerical, custodial, maintenance, general administrative and technical administrative, using an approximate ratio of 1 representative per 10 members. Additionally, two non-voting members including the CSA President and CSA Vice President are members of the Council. See DSU Policy 04-25-01 for the Career Service Council By-Laws and Policy Statement.

Classification Plan

Following a review of the duties, responsibilities and authority, each position has been classified into a group of positions of similar nature called a class. Class specifications can be viewed at http://www.state.sd.us/bop/Classification/classification.htm, or you can request a copy of your class specifications from the Director of Human Resources. The duties listed are general examples of the work performed by employees in that classification.

Review of Position

Career Service Act employees may request a review of their current classification (usually due to a significant change in duties or responsibilities), by completing the employee section of a Position Description Questionnaire (PDQ) and submitting it to the employee's immediate supervisor. This form is available in the Human Resources Office. If a position is vacant or if the employee is absent and unable to prepare the PDQ, the PDQ may be completed by the immediate supervisor.

The immediate supervisor will review and complete the Supervisor's section of the PDQ within thirty (30) calendar days after its receipt. The PDQ shall be forwarded to and reviewed by the supervisor and then forwarded to the Human Resources Office. In the event that a supervisor is unable to review within the 30-day period, the employee may skip this step and forward the PDQ to the Human Resources Office. This does not constitute a failure to meet the timeframes, but rather a process the employee can follow to provide the PDQ to the necessary party for review. Human Resources will review and audit the position and make a recommendation for action to the BOR HR Director.

The recommendation of the institution will be reviewed and approved or disapproved by the Regents' Human Resource Director. The completed action will be returned to the institution and the employee will be notified as to the status of the request. If the employee is not satisfied with the classification action, the employee has fourteen (14) calendar days from receipt of the notice to appeal the decision to the next step.

To appeal the decision, the employee must submit a written letter of appeal through the on-line Employment System to the Executive Director of the Board of Regents for referral to a Classification Review Committee. The Committee will consist of one career service employee and one neutral human resource representative from another Regental institution. In a case where the SD Bureau of Personnel has completed the original audit leading to the disputed recommendation, the Bureau of Personnel shall provide for a member of the committee who will serve in place of the Career Service employee as a voting member of the committee. In such case, a Career Service employee will be appointed to the committee and will serve in an advisory capacity. The committee will be formed and a meeting date set to review the contested classification action within twenty-one (21) calendar days of receipt of the appeal notice from the employee. All hearings are conducted via teleconference unless other modifications are deemed necessary and approved by the SDBOR Director of Human Resources. The Committee will recommend a decision to the Executive Director.

The Executive Director will notify the institution's Human Resource Director, the employee, immediate supervisor, and President of his decision within thirty (30) calendar days of the Classification Review Committee meeting. The decision of the Executive Director may be appealed by the employee to the Career Service Commission by filing written notice of appeal with the Commissioner of the Bureau of Personnel within fourteen (14) calendar days of postmark or delivery of the decision.

See BOR Policy 4:9 for more information.

Rate of Pay on Reclassification to Higher Pay Grade

In the event of a reclassification of a position to a classification with a higher minimum rate, the incumbent may receive the minimum rate or up to a five percent increase in base pay, whichever is greater. In no event can the incumbent receive less than the minimum or more than the maximum of the salary range of the new classification. An employee's salary must be adjusted to at least five percent above the minimum of the salary range upon completion of six months of service in the new classification. (ARSD 55:01:18:18)

Disciplinary Action

A CSA employee may be disciplined for cause at any time. Before disciplined, the employee will be notified in writing of the specific reasons for the proposed actions and provided an opportunity for a hearing. The employee will be given the opportunity to present reasons why disciplinary action is not appropriate. The reasons may be presented either in person or in writing. Prior to imposition of any intended disciplinary action, the employee may be suspended with pay until the meeting, receipt of written response or waiver by the employee of the right to respond.

The employee will receive written notice of the decision within five working days of the hearing or the employee's written response, whichever occurs later. The notice will also advise the employee of the institutional grievance procedure.

If an employee's work is unsatisfactory, the employee will be notified in writing that disciplinary action may be taken unless the employee's performance improves. The employee may be placed on a work improvement plan which will last a minimum of thirty calendar days. The work improvement plan will tell the employee where the employee's performance is unsatisfactory and the level of performance that is expected. If the employee's performance does not improve to an acceptable level, disciplinary action may be taken. Disciplinary action may include suspension without pay, reduction in salary, demotion or termination.

In addition to unsatisfactory work performance, just cause for disciplinary action also includes, but is not limited to:

  1. Conviction of a felony;
  2. Insubordination;
  3. Being under the influence of a controlled drug or alcohol at work;
  4. Fraudulent use of sick leave;
  5. Poor attendance;
  6. Falsification of time sheets or leave requests;
  7. Negligence with state money or property;
  8. Sexual harassment.

This list includes examples of the types of conduct that may call for disciplinary action. Other just causes are provided in ARSD 55:01:12:05. If you have specific questions regarding other causes for discipline, contact the Human Resources Office.

Grievance Procedures

A grievance is a complaint by an employee concerning the application or violation of an existing policy, personnel rule or directive as it applies to conditions of employment.

The grievance procedure provides a just and equitable method for the resolution of grievances without discrimination, coercion, restraint or reprisal against an employee who may submit or is involved in a grievance. A grievant that fails to comply with the timeframes outlined in the grievance procedure will have his or her grievance withdrawn. If a grievant voluntarily terminates their employment, the grievance will be withdrawn.

After an employee has exhausted the grievance procedure established by the BOR, the employee may appeal to the Career Service Commission. See BOR Policy 4:9.

Layoff/Reemployment Preference

The University may layoff an employee or reduce the regular working hours of an employee in the Career Service whenever necessary. Reasons justifying layoffs or reduction of hours include, but are not limited to, shortage of funds or work or loss of enrollment; material change in duties or organization; internal reorganization resulting in the elimination of a position; or inefficient or non-productive position. Proper layoff notification procedures must be followed by the administration using priorities for layoff as outlined in BOR Policy 4:24.

A status Career Service employee who has been notified of a layoff, or who has had regular working hours reduced may request that his or her name be placed on a certification for any position for which the employee applies and qualifies as a certified applicant. Any certified applicant who has requested reemployment consideration shall be identified on the certification as an applicant who must be interviewed by the appointing authority. The employee must submit a request for reemployment consideration within 45 days after layoff, termination, or demotion to the Bureau of Personnel. Eligibility for reemployment consideration expires one year from the effective date of the layoff, termination, or demotion. If an employee requests reemployment consideration before the effective date of layoff, termination, or demotion, reemployment consideration expires one year from the date of the request. If an employee is reemployed in a permanent position with hours comparable to the employee's previous job within one year of layoff, termination, or demotion, eligibility for reemployment consideration expires on the date of reemployment.

Performance Appraisal

The state has a formal performance appraisal system for its Career Service employees. The employee and their supervisor should establish and review the performance planning and review document within the first few weeks of employment. At the end of three and five months of employment, performance will be evaluated to determine how the employee is progressing.

Once a person is a status employee, a formal performance appraisal document will be established by the employee's supervisor. The review will be used to guide the employee's daily activities and to provide a means for planning and reviewing job performance. Supervisors and employees are required to sign the form, as signatures indicate that the supervisor and employee have discussed performance and the written comments. Signing the document does not necessarily indicate agreement; however, failure to sign the document may result in disciplinary action. Employees may provide comments or attach notations of exceptions to the performance appraisal document along with reasons for those exceptions. For Career Service employees, performance will be reviewed annually.

Personnel Records - CSA Employees

Information on an employee's salary and classification will be released upon written request. Additional information may be released if the request is accompanied by an authorization signed by the employee.

Employees have the right to review their personnel file. Such review will be done in confidence with the Director of Human Resources or his/her designee. Employees also have the right to obtain a copy of the contents of their personnel file at their own expense. CSA personnel files are housed in the Human Resources Office.

Probationary Period

New employees must serve a probationary period when they begin state employment. The probationary period lasts for the first 1040 regular hours of work, excluding overtime. This amounts to approximately six months for full-time employees who have not taken leave without pay during the probationary period.

An employee may be dismissed at any time during the probationary period. Their only right to appeal a termination during the probationary period is on the basis of a prohibited form of discrimination. During the probationary period employees will have two formal reviews of performance. These will be at the end of three and five months of employment. Following successful completion of the probationary period, an employee achieves status in the Career Service.

Rate of Pay upon Completion of Probationary Period

An employee's salary shall be adjusted to at least five percent above the minimum of the salary range upon completion of the probationary period. (ARSD 55:01:18:25)

Reference Policy

It is the policy of DSU to provide reference information on current and former Career Service employees. Reference information such as name, job title, salary information and dates of employment will be released upon written request. The information will not be released until the legitimacy of the request is established (such as a signed request on company stationery). If the employee or future employer request more than the basic information, a signed release of information and waiver of liability form must be obtained. See DSU Policy 02-05-00.

Last Updated: 2/10/12