Policies
The following are selected statewide policies and are not an exhaustive list of all policies. The state reserves the right to change or eliminate these policies with or without notice. Please be aware that your agency may have more restrictive policies or guidelines on the same subject matter and additional policies on different subjects. Please contact your personnel representative if you have any questions about your agency's policies or guidelines.
Any employee who has been arrested or charged with or has reasonable knowledge to believe they will be arrested or charged with: 1.) any felony; or 2.) any crime (including misdemeanors) involving a sex offense or illegal drugs or illegal use of legal drugs shall immediately report this information to his or her supervisor. The supervisor is required to immediately report this information, through the chain of command, to the appropriate department secretary, bureau commissioner, or institution administrator who shall report it to the Commissioner of the Bureau of Personnel.
Drug and Alcohol Testing Policy
The State has implemented a drug testing procedure for applicants and employees in 1) safety sensitive positions and 2) positions requiring a commercial driver's license.
Under state law, a safety sensitive position is any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile. State statutes and administrative rules govern the drug testing of persons in safety sensitive positions, and these statutes and rules may be obtained from your agency's personnel representative.
Federal law requires drug and alcohol testing of applicants and employees who must have a commercial driver's license (CDL) to perform their jobs. The State has implemented an alcohol and drug-testing program for CDL holders and has published a CDL drug-testing handbook and policy entitled "State of South Dakota CDL Policy, Rules and Educational Information." Your agency's personnel representative can answer questions about the program and provide you with a copy of the handbook and policy.
Other employees may be tested for drugs and alcohol if the test does not violate federal or state law.
Solicitations on State Premises
It is the policy of the state of South Dakota that commercial vendors may not solicit business on state property or solicit state employees during working hours. Working hours include breaks and lunch periods if the employee is on state grounds.
Subject to prior approval by management, employees may solicit for charitable purposes using their own time by adjusting their work week to make up the time or by using vacation leave or leave without pay. Activities should be scheduled so that the soliciting employee does not interfere with co-workers' performance. Agency personnel representatives will not assume responsibility for coordination of charitable activities.
Please contact your personnel representative if you have any questions regarding this policy.
The State of South Dakota has a drug free workplace policy for all state employees. As a condition of your employment with the state, you must agree to abide by the terms of this policy.
The dangers of drug abuse in the workplace include accidents and injuries; reduced productivity; absenteeism and increased health care costs; loss of public confidence in the State; and adverse effects on the abuser, family, friends, co-workers, and persons receiving services from the State.
The policy prohibits the unlawful manufacture, dispensation, possession, or use of a controlled substance by an employee in the workplace. If you are convicted of a violation of a criminal drug law or admit in court to a criminal drug law violation, you will be subject to appropriate disciplinary action, which includes termination. You must comply with the arrest policy if you are arrested, charged, or believe you may be charged with any crime involving illegal drugs.
Because state government cannot close completely and must continue to provide emergency services, coordinate government responses to disasters, and care for citizens who are entrusted to our institutions, employees will always be expected to deliver service. We will do whatever possible to accommodate employees to the best of our ability, however, we do need to maintain adequate staffing to ensure the safety of our citizens and continue state operations.
This policy does not mean employees should take undue risks during inclement weather. Employees who believe they cannot safely reach the worksite or travel home at the end of the scheduled work day should make arrangements with their supervisor to be absent from work.
The Governor will determine whether state government offices in Pierre will be staffed. Local radio stations will be notified. Cabinet members will work with the Bureau of Personnel and the Governor’s Office to determine if offices outside of the Pierre area will be closed.
Certain employees have been designated essential employees by management, and will be expected to work and will not receive inclement weather pay.
All state employees not designated as essential, will receive inclement weather pay when:
If either of the above conditions is met, Inclement Weather Pay for Hourly Employees will be paid as follows:
Inclement Weather Pay for Salaried Employees
Employees shall use state technology (telephones, computers, Internet, email, etc.) at their disposal in an appropriate manner. As it applies to the state’s e-mail and phone system(s), emergency communications are allowed. Reasonable and appropriate personal communications are allowed. Under no circumstances are employees allowed to use the state’s technology to engage in outside business interests, inappropriate, offensive, or illegal activities. Abuse of the system is not acceptable. Employees should not expect privacy or confidentiality when using state resources. Use common sense. If in doubt, do not use state resources.
Employees in permanent positions are eligible for court and jury leave. The employee shall immediately notify the employee's supervisor if the employee expects to be absent from work due to court and jury obligations. Absences will be administered as follows:
The commissioner may decide any question as to whether an employee is eligible for court and jury leave.
South Dakota Law 32-38-5 states that all front seat occupants will wear seat belts. This law became effective January 1, 1995. In addition to the state law, Executive Order 88-7 requires all state employees who are driving or are passengers in state-owned vehicles covered by the state's automobile liability insurance policy to wear seat belts, both in the front and back seats.
The State of South Dakota will not tolerate harassment or offensive behavior based on race, color, religion, national origin, sex, age, or disability.
Harassment includes conduct that creates a hostile work environment or results in a "tangible employment action," such as hiring, firing, promotion or failure to promote, demotion, work assignments, or compensation decisions. This prohibition against harassment also encompasses sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexually harassing nature, when: (1) submission to the harassment is made either explicate or implicitly a term or condition or employment; (2) submission to or rejection of the harassment is used as the basis for employment decisions affecting an individual, or (3) the harassment has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidation, hostile, or offensive working environment.
Employees must not engage in harassment or offensive behavior. Additionally, because of the State's strong commitment to keeping the workplace free from harassing and offensive behavior, employees must avoid any conduct that could be viewed as harassing or offensive even if the conduct does not violate federal or state law or constitute harassment.
Harassment or offensive behavior may take different forms and may be verbal, non-verbal, or physical in nature. To aid employees in identifying inappropriate conduct, the following examples of harassment or offensive behavior are provided (these examples are not all-inclusive):
An employee who has a complaint of harassment or offensive behavior by anyone, including supervisors, co-workers, or non-employees, should immediately notify his or her supervisor, a higher-level supervisor, the agency's personnel representative, or the EEO officer for the Bureau of Personnel at (605) 773-3148.
The person who receives a harassment complaint shall immediately report the matter to his or her supervisor (or a higher-level supervisor if his or her supervisor is allegedly involved in the harassment) and the agency's personnel representative.
The State will investigate all complaints. If the investigation supports charges of harassment or a violation of this policy, appropriate corrective action against the alleged harasser will take place immediately and may include disciplinary action up to and including termination.
The State will protect the confidentiality of harassment allegations to the extent possible, and information about alleged harassment will only be shared with those individuals who need to know about it. While the State cannot guarantee complete confidentiality since it cannot conduct an effective investigation without revealing certain information to the alleged harasser and potential witnesses, it will keep information as confidential as possible.
The state will not tolerate adverse treatment of employees because they report harassment, oppose discrimination in the workplace, participate in the complaint process, or provide information related to complaints. If an employee feels that he or she has been subjected to retaliation, the employee should immediately report the alleged retaliation to his or her supervisor, a higher-level supervisor, the agency's personnel representative, or the EEO officer for the Bureau of Personnel.
In addition to reporting alleged harassment to the State, an employee may file a charge of discrimination based on race, color, religion, national origin, sex, disability, or protected activity with the South Dakota Division of Human Rights (Human Rights) or may file a charge of discrimination based on race, color, religion, national origin, sex, age, disability, or protected activity with the United States Equal Employment Opportunity Commission (EEOC). A charge of discrimination based on race, color, religion, national origin, sex, disability, or protected activity must be filed with Human Rights or with the EEOC within 300 days of the violation. A charge of age discrimination must be filed with the EEOC within 180 days of the violation. These deadlines run from the last date of unlawful harassment and not from the date the complaint to the State if resolved.
Please contact the EEO officer for the Bureau of Personnel at (605) 773-3148 if you have any questions about harassment or this policy.
The following is an excerpt from the Bureau of Administration's Bomb Threat Policy. Please contact your supervisor if you would like to review the entire policy.
The following policy and procedure was developed to provide direction in a time of crisis. The outline will assist the contacted individual to take the necessary steps in getting the affected employees to safety as soon as possible, and to contact the appropriate administrative and security agencies and provide them with the most detailed information possible regarding the bomb threat.
This document should be posted in a conspicuous place within each of the various offices and divisions. The below policy is the official policy to be followed in the event that a bomb threat is received.
This document is self-explanatory, however, persons within the office should be made aware of its location and be directed to read it.
SOUTH DAKOTA BOMB THREAT POLICY
THE RECIPIENT OF A BOMB THREAT SHOULD TAKE THE FOLLOWING ACTION:
I. PURPOSE STATEMENT
The Bureau of Administration has adopted a number of recommended operational procedures and standards for the promotion of a safe, efficient, professional and clean office environment operated by the Executive Branch. This policy applies to State-owned facilities. Department Secretaries and agency leaders are encouraged to adopt these policies in their State-owned and leased facilities in order to maintain uniformity in the workplace:
II. GUIDELINE RECOMMENDATIONS
1. Display/Hanging Items. Papers, post-it notes, maps, jokes, pictures, or any other item which are posted, taped, pinned, or hung on the outside of cubicle wall panels or in any systems furniture corridor or in any major hallway are discouraged. Agency posters should be framed and may be hung in the office areas if approved by the respective Department Secretary. Agencies may issue additional rules regulating what items may be displayed or hung inside cubicles. For safety reasons, holiday decorations using electricity or live Christmas trees are not allowed. Holiday decorations may not block hallways, impede walkways, or restrict access to fire escapes. The State is not responsible for personal items or decorations brought into the office.
2. Plants and Above-Panel Storage. No office items should appear above the general eye level of the office panel tops. Houseplants and storage or display of items on top of file cabinets, binder or storage bins, or panels are strongly discouraged. Plants which are over-watered can cause electrical or fire hazards, as well as damage to equipment. Plants are allowed but may not be hung from the ceiling or be placed near electrical equipment or on top of systems furniture file cabinets or binder bins.
3. Signs. The Bureau of Administration is responsible for all interior and exterior signs (on the Pierre campus) and will furnish standard cubicle nameplate signs for each employee, if requested.
4. Permanent and Exterior Walls/Office Walls. Only framed and matted photos, certificates or artwork may be hung on permanent walls, exterior walls and office walls as approved by the Department Secretary. In order to avoid coming in contact with plumbing or electrical wiring, agencies should consult with Buildings and Grounds (773-3344) BEFORE mounting anything on the walls. Agencies may request that the items be hung by Buildings and Grounds staff as time permits.
5. Coffeepots/Electrical Appliances/Candles. Because of electrical limitations in office environments, individual microwave ovens, toasters and other appliances are not permitted in an individual’s cubicle space. The use of small appliances such as "office" coffeepots, microwaves, small refrigerators, and toasters is allowed provided electrical circuits are available, but they must be located in common areas. Contact Buildings and Grounds (773-3344) for information prior to use of electrical appliances. For safety reasons, portable electric heaters, candle warmers and candles are expressly prohibited in State Office space. Portable electric heaters, candle warmers and candles will be removed by Capitol Police or custodians.
6. Hallways. For safety reasons, no furniture, file cabinets, chairs, bookcases, or other items may be stored or used in any corridor or hallway, and under no circumstances may fire exits be blocked.
7. Records Management. In order to keep the number of file cabinets to a minimum and also to keep office files current, employees are asked to periodically review files in accordance with their established records retention schedule. Records Management (773-3589) will assist agencies with all records management needs.
8. Facilities Planning Team (FPT). Agency remodeling or office staff move requests must be planned and organized through the Facilities Planning Team. The Team meets every Wednesday morning and consists of representatives from every agency who will be involved with the moving of phone lines, computers, systems furniture, construction and remodeling needs. All agencies are required to appoint an “agency contact” who coordinates with the Facilities Planning Team for move or remodel projects. Phone: 773-3688.
9. Office Carpet Standards. When remodeling state office space, the Bureau of Administration currently utilizes a standard carpet weight, fabric, weave, and color combination. The use of standardized carpeting has been carefully evaluated in terms of pattern wear, durability, ease of maintenance, quality, and appropriateness to the work area. Limited carpet selections are on contract and available to agencies. Buildings and Grounds (773-3344) will provide available contract carpet samples as requested. All agency personnel who work at a desk, must have a chair mat.
10. Office Paint Standards. When remodeling State office space, the Bureau of Administration uses a standard paint color, C2 (off white). Other selections may be available to agencies, depending on the location, public access, and agency mission. Department Secretaries and selected conference rooms may use wallpaper or any color of paint selected as long as it is in keeping with a professional work environment. Agencies will be required to pay for wallpaper and non-standard paint.
11. Technical Conference Facilities. Conference rooms which include DDN,
plasma screens, projectors, internet conferencing, video equipment and other
technical gear must be designed and installed by BIT at agency expense. Contact
BIT for further information.
12. Recommended Space Allocations. Based on research provided by the Federal General Services Administration (GSA), several office furniture space consultants, and data within the Bureau of Administration, the following space guidelines are recommended for State agencies in State-owned and leased spaces:
Bureau of Administration
WORKPLACE STANDARDS
Job Description |
Maximum |
Office Type |
| Constitutional Officer | 200 sq. ft. | Private |
| Elected Official | 200 sq. ft. | Private |
| Cabinet Secretary | 200 sq. ft. | Private |
| Deputy Secretary | 125 sq. ft. | Private |
| Division Director | 125 sq. ft. | Private |
| Executive Director | 125 sq. ft. | Private |
| Program Director | 80-100 sq. ft. | Private*/ EWS |
| Program Administrator | 80-100 sq. ft. | Private*/ EWS |
| Legal Professional | 80-100 sq. ft. | Private*/ EWS |
| Professional | 64-80 sq. ft. | WS/EWS* Private |
| Administrative / Clerical | 56-64 sq. ft. | WS |
| Intern / Frequent Traveler | 36-56 sq. ft. | WS |
| Word Processing Pool | 36-48 sq. ft. | WS |
| Private*- Private Office allowed IF building design and layout permits EWS – Executive Work Station IF building design and layout permits WS – Standard Work Station |
||
Note: Space size may vary somewhat, depending on the building construction, layout, and design. Agencies may request 8% additional space (based on number of approved FTE’s) when remodeling or moving. |
||
References for Employers Outside of State Government
One person in the agency, typically the personnel representative, is designated to respond to all requests for information on current and former employees (including interns). More than one person may be designated to provide responses to requests, however person(s) responding should be the personnel representative or someone at a managerial level within the agency such as program directors, division directors, or department secretaries. If two or more people are responding to requests, the personnel representative should coordinate the response.
According to state law, written references given in response to written requests are presumed to be given in good faith. This means if a former employee files a lawsuit regarding giving of bad references, the agency can rely on a defense of good faith if the reference was in writing. Telephone inquiries are answered by telling the caller that it is the policy of the state to respond only to written requests. Written requests should be accompanied by an authorization, release, and waiver.
Employees must not give references on inmates or former inmates. These references must be handled by the appropriate person at the Department of Corrections.
References within State Government
If a reference request comes from another state agency, the designated person may respond either in writing or over the e-mail system. A signed authorization, release, and waiver is not necessary. All other guidelines apply to giving references within state government.
It is the policy of the State of South Dakota to promote a safe environment for its employees. The State is committed to working with our employees to maintain a work environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior.
Violence, threats, harassment, intimidation, and other disruptive behavior that affect the working environment will not be tolerated. All reports of such incidents will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, expressions or any other behavior that communicates a direct or indirect threat of physical harm or damage to state or personal property, either on duty or off-duty. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal penalties, or both.
All employees shall cooperate to implement this policy effectively and maintain a safe working environment. Do not ignore violent, threatening, harassing, intimidating, or other disruptive behavior. If you observe or experience such behavior by any state employee on or off state premises, report it immediately to a supervisor or manager. Supervisors and managers who receive such reports shall contact the agency personnel representative or the Bureau of Personnel at (605) 773-3148. Severe threats or assaults that require immediate attention shall be reported to police by calling 911.
State Employee Bloodborne Pathogen Procedures
Short Guide
A Significant Bloodborne Exposure is an occupational risk exposure to blood or potentially infectious body fluid by:
Employee’s Immediate Responsibility
If a Significant Exposure Occurs:
“Immediately”
“After” the Above Steps are Completed
Report the Exposure to your Immediate Supervisor Right Away "Do Not Delay"
If HIV Post-Exposure Treatment is recommended, you should start treatment within 1-2 hours after the exposure. (This can reduce HIV infection by up to 79%)
Supervisor’s Immediate Responsibility
Healthcare Provider’s Responsibility
Time is critical with this exposure. Know what you are going to do before an exposure occurs. When in doubt...report the exposure right away and seek guidance.
Alternative Work Schedule Policy
| Request For An Alternative Work Schedule (AWS) - This form is to request participation in the Alternative Work Schedule (AWS) program, change your existing alternative work schedule option, or discontinue participation in the alternative work schedule program. Complete the information below and forward your request to your supervisor for consideration. |
It is the goal of the state of South Dakota to provide employees with a work environment that allows them to balance work and life activities. As an employer, the State recognizes the need for flexibility in scheduling to provide employees the opportunity to participate in family and community activities. To achieve this goal, employees and supervisors are encouraged to use alternative work schedules. Alternative work schedules will enable managers to meet their program goals and provide better customer service while, at the same time, allowing employees to be more flexible in scheduling their personal activities.
Alternative Work Schedules Available:
Flexible work schedule: With supervisory approval, employees may select alternative starting and stopping times during the workweek. The starting and stopping times and the lunch period are fixed for the duration of the flexible schedule unless the supervisor discontinues or temporarily suspends the flexible work schedule. Salaried employees on a flexible work schedule may be required to work additional hours or adjust their schedule to meet the requirements of their position.
Permanent reduced work schedule: With supervisory approval, hourly and salaried employees may reduce the number of hours worked each week. Employees on a reduced work schedule will be considered permanent part-time employees and will earn less leave and pay based on the reduced number of hours worked. If employees work less than 20 hours per week, they are not entitled to health, life, or retirement benefits. This is a permanent schedule and is not intended for seasonal fluctuation.
Flex time: With supervisory approval, employees may occasionally modify their daily work schedule. Adjustments may be made at any time to allow employees flexibility in their schedule during the week. Hourly employees must make up hours flexed at a different time during the work period. Hourly employees who are unable to make up hours flexed during the work period must take either paid or unpaid leave. Salaried employees may not flex an entire day.
Compressed work schedule: With supervisory approval, full-time hourly and salaried employees may work their normally scheduled number of hours each work period in less than 5 days. Examples are four 10-hour days or four 9-hour days and one 4-hour day. Since full-time employees are entitled to a maximum of 8 hours for a holiday, hourly employees working a compressed work week may be required to adjust their work week or take paid or unpaid leave during a work period that includes a holiday. Salaried employees must have a set schedule and take leave for any day in which they will be absent during all scheduled hours regardless of the number of hours worked during the week. Salaried employees on a compressed work schedule may be required to work additional hours or adjust their schedule to meet the requirements of their position.
Work Adjust: Work adjust is adjusting hours for work performed outside the normal work schedule to meet the requirements of the agency. Work adjust is intended for short term changes to an employee’s schedule to meet workload requirements. Work adjust applies to hourly employees and is not appropriate for salaried employees.
Eligibility for Alternative Work Schedules:
Supervisors will work with employees and attempt to accommodate their scheduling requests. Alternative work schedules, however, may not be available to every employee at any time because of customer service requirements. If alternate work schedules are not possible, the supervisor should explain why the request for an alternative work schedule cannot be honored.
Guidelines:
Principal administrative offices will be open during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, including the noon hour. Service to both internal and external customers must be maintained or improved.
Rest periods are a normal part of the work schedule and cannot be accumulated or be included as a basis for a flexible work schedule. A lunch break of at least 30 minutes of uninterrupted time is recommended.
Responsibilities:
Teamwork among employees and agency management is an important factor in implementing alternative work schedules and achieving positive benefits associated with alternative work schedules. Meaningful work must be available for the employee during the entire alternate work schedule. Supervisors and employees are mutually responsible for ensuring successful alternative work scheduling programs.
Supervisors shall:
Employees shall:
Procedures for Requesting an Alternative Work Schedule:
A Request for an Alternative Work Schedule (AWS) form must be completed by the employee and submitted to the supervisor for approval if the employee wants to participate in a flexible work schedule, a permanent reduced work schedule or a compressed work schedule. A copy of this form should be sent to your Human Resource Manager to be placed in the employee’s personnel file. A form is not required to participate in occasional flex time.
Changes to Work Schedules:
Alternative schedules do not alter the responsibility and authority of supervisors to establish and change work schedules without prior notice. Supervisors may discontinue or temporarily suspend alternative work schedules when necessary. Alternative work schedules may also be altered if work needs change or if service is impaired.
To ensure an opportunity for all employees to request an alternative work schedule and to ensure the schedule remains workable for the employee and the agency, requests for flexible work schedules, permanent reduced work schedules, and compressed work schedules will be submitted and reevaluated at least every six months.
Please contact your agency human resource manager if you have any questions relating to the alternative work schedule policy.
Use of Video or Still Cameras by State Employees in the Workplace
Purpose: The purpose of this policy is to set out the allowable uses of video and still photography by state employees and to protect the right of privacy of patients, inmates, coworkers and the public.
State Owned Cameras for Authorized uses: Employees are allowed to use state owned video or still cameras (including picture phones) when authorized as part of their job duties. Such usage should be with the knowledge and consent of the employee’s supervisor.
Personal Cameras at Work: Personal video or still cameras may be used to commemorate awards, retirements or similar events when authorized by the employee’s supervisor or department head. The use of personal video or still cameras, (including picture phones) by state employees at work for any other purpose is prohibited.
Other prohibited uses:
Tobacco Free Environment Policy
The State of South Dakota is dedicated to providing a healthy, comfortable, and productive environment for employees, clients, and visitors.
Effective May 31, 2006, smoking and the use of all tobacco products will be prohibited on all real property or portions thereof owned by the Executive Branch of state government under the direction and control of the Governor and all real property leased by the state where the state is sole occupant.
This policy applies to employees and visitors, and includes all vehicles, parking lots, and walkways leading into state buildings throughout South Dakota The following are exceptions: clients at the State Developmental Center in Redfield, residents of the State Veteran’s Home in Hot Springs, visitors to campsites in state parks, and upon state highways and outdoors at state highway rest stops. The Bureau of Administration and/or appropriate Department Secretary may grant limited exceptions for specific, special events.
Enforcement of this policy is the shared responsibility of all Executive branch personnel. All employees are encouraged to communicate this policy with courtesy, respect, and diplomacy. Incidents of smoking and/or tobacco use by employees will be documented for supervisor follow-up.
