Human Resources - CSA
Table of Contents
Regents Career Service Advisory Council
Career Service Council
Review of a Position
Rate of Pay on Reclassification
Inability to Perform the Essential Functions of Position
Personnel Records – CSA
Rate of Pay Upon Completion of Probationary Period
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.
Annual salary information is provided to each CSA employee at or near the beginning of the fiscal year.
There are several types of appointment in the career service. The condition in initial employment may be temporary, probationary or seasonal. Probationary means that the employee has been hired for a position, but must first serve a probationary period of six (6) months, exclusive of overtime.
During the third and fifth months of the probationary period, work performance is to be evaluated. If the standards of work during this period are met, status will be granted. An appointing authority may terminate an employee from the employee's position at any time during the probationary period, subject only to the appeal rights on grounds of discrimination. Such an appeal is to be made pursuant to the BOR CSA Grievance procedure 4:9.
Regents Career Service 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 Advisory Council
The Black Hills State Career Service Advisory Council is established to serve as a liaison between all CSA employees and the President of BHSU 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 members.
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, and are meant to be descriptive, not restrictive.
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 through the “My Employment Details” channel on SNAP; the appropriate action is CSA – Employee Update. One will use their SNAP User Name and Password to access the system. 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 appropriate action is CSA – Institutional Update.
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.
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 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. The Online system will automatically remove the ability of appeal should the 14 days lapse.
To appeal the decision, the employee must submit a written letter of appeal through the Online Employment system to 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 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, a chair appointed, and a meeting date set 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 seven (7) calendar days of notice of the decision. The decision of the Career Service Commission may be appealed to the circuit court in accordance with SDCL 1-26. (See BOR Policy 4:9)
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)
A CSA employee may be disciplined for cause at any time, and may include suspension without pay, dismissal, demotion or reduction in salary.
Before being disciplined, the employee will be notified in writing of the specific reasons for the proposed actions; will be provided an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and will be advised when the employee must respond. 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 outline the duration of the work improvement period, the areas where the employee's performance is unsatisfactory, and the level of performance that is expected. Work improvement periods shall be a minimum of 30 days and may not exceed 6 months. If the employee's performance does not reach an acceptable level after completion of the work improvement period, or if at any later date performance falls below standard, disciplinary action may be taken. Disciplinary action may include suspension without pay, reduction in salary, demotion or termination.
An employee who is serving a work improvement period may be disciplined during the work improvement period for violations listed under Causes for Disciplinary Action. Placement on a work improvement plan or notice of unsatisfactory work performance is not appealable. However, any action taken as a result of unsatisfactory completion of the work improvement period may be appealed. (ARSD 55:01:12:03)
Disciplinary action under this section may be taken for conduct within or outside the scope of employment. In addition to unsatisfactory work performance, just cause for disciplinary action also includes, but is not limited to the following
1) The employee has admitted to committing, committed, or was convicted of a felony, any sex offense, or any crime involving illegal drugs or illegal use of legal drugs, whether the felony, offense, or crime occurred prior to or during the course of employment;
2) The employee has committed or contributed to any act of brutality, cruelty, or abuse to an inmate, prisoner, resident, or patient of an institution, to a person in custody, or to other persons, whether the conduct occurred prior to or during the course of employment, provided the act committed was not necessarily or lawfully done in self-defense, to protect the lives of others, or to prevent the escape of a person lawfully in custody;
3) The employee has violated any of the provisions of the Career Service Act or this article;
4) The employee has violated any department, division, bureau, or institution regulation, policy, or order or failed to obey any oral or written directions given by a supervisor or other person in authority
5) The employee has consumed alcohol or other intoxicants or unauthorized controlled substances while on duty or is impaired while on duty or while operating state equipment or has unlawfully manufactured, distributed, dispensed, possessed, or used a controlled substance in the workplace;
6) The employee is guilty of insubordination;
7) The employee disrupts the efficiency or morale of the department;
8) The employee is careless or negligent with the money or other property of the state or property belonging to any person receiving services from the state or has stolen or attempted to steal money or property of the state or property belonging to any person receiving services from the state;
9) The employee has used, threatened to use, or attempted to use personal influence or political influence in securing employment, promotion, leave of absence, transfer, change of pay rate, or change in character of work for the employee or others;
10) The employee has induced or has attempted to induce an officer or employee of the state to commit an unlawful act or to act in violation of any department, division, bureau, or institution regulation or order;
11) The employee, in the course of work or in connection with it, has taken from any person for personal use a fee, gift, or other valuable thing 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 persons;
12) The employee has engaged in outside business or personal activities on government time or has used state property for those activities in violation of ARSD 55:01:11:03;
13) The employee has failed to maintain a satisfactory attendance record based on the established working hours or has had unreported or unauthorized absences;
14) The employee has made a false or misleading statement or intentionally omitted relevant information during the application and selection process;
15) The employee has misused or abused leave;
16) The employee has intentionally falsified a state record or document;
17) The employee has violated statutes or standard work rules established for the safe, efficient, or effective operation of the agency;
18) The employee has sexually harassed another person in the course of employment;
19) The employee has failed to notify the appointing authority within five days after a conviction of a violation of a criminal drug statute occurring in the workplace;
20) The employee has failed to obtain, renew, or maintain a license or certification necessary to perform the duties of the employee's position;
21) The employee failed or refused to take a drug test administered pursuant to SDCL 23-3-64 to 23-3-69, inclusive, or 49 C.F.R. Part 382 (December 1, 1995);
22) The employee has failed to complete the counseling program outlined in ARSD 55:01:15.01:05;
23) The employee has discriminated against another person in the course of employment or has taken wrongful actions against another person which affect the vicarious or imputed responsibility of the state or any other state employee;
24) The employee has been found unacceptable as a result of an employment screening conducted by the appointing authority, the Bureau of Personnel, or an authorized representative; or
25) The employee has engaged in conduct, either prior to or during employment with the state, that reflects unfavorably on the state, destroys confidence in the operation of state services, or adversely affects the public trust in the state.
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. (ARSD 55:01:12:04)
Inability to Perform Essential Functions of Position
An Employee may be terminated or reclassified if the employee is unable to perform, with or without reasonable accommodations, the essential functions of the employed position. The Commissioner may at any time require an employee to be examined by a physician of the commissioner’s choice for the purpose of determining the employee’s ability to perform the function and duties of the position. Such examination, if required by the commissioner, shall be made at the expense of the employer. Any employee terminated pursuant to this section may apply for reemployment rights as provided for in ARSD 55:01:07:02.06.
An employee may be compelled, with the concurrence of a medical doctor, to take leave for a temporary disability, which seriously affects the quality or quantity of work, performed or which endangers the health of the employee. (ARSD 55:01:15.01:04)
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)
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.
The state has a formal performance appraisal system for its Career Service employees which is called Performance Planning & Review (PPAR). The probationary 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. Employees may provide comments or attach notations of exceptions to the performance appraisal document along with reasons for those exceptions. The PPAR is forwarded to the next level supervisor, and then to Human Resources Office. The evaluation may be appealed through normal grievance procedures. 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.
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, an employee is to 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.
It is the policy of BHSU to provide reference information on current and former 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.
Most position vacancies are listed on YourFuture website. However ARSD 55:01:10:04, allows a lateral transfer of a CSA employee under certain circumstances. A position may also be posted as an internal promotion, and any status employee is eligible to apply. Probationary employees are eligible to apply for promotional positions during the probationary period.