Section 3-6A-13 - Officers and employees covered by chapter--Exceptions.
3-6A-13. Officers and employees covered by chapter--Exceptions. This chapter applies to all positions in the executive branch of state government, including conservation officers employed by the Department of Game, Fish and Parks as provided for in § 41-2-11, and employees within the Division of State Police Radio, but excluding:
(1) Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, public utilities commission and attorney general. The application of uniform fringe benefits and pay applies to all such exempt employees;
(2) Boards and commissions;
(3) Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, persons who provide legal counsel, and confidential assistants to exempt employees. The Career Service Commission may adopt rules pursuant to chapter 1-26 which establish criteria to implement this subdivision for exemptions from the career service. The commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the commissioner of personnel relating to exemptions from the career service may be appealed to the Career Service Commission pursuant to chapter 1-26;
(4) All positions in the Office of the Governor and Bureau of Finance and Management;
(5) Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the personnel commissioner;
(6) Heads of, teachers, and medical physicians of, the several institutions under the jurisdiction of the executive branch and other administrative and policy-making positions of such institutions as determined by the personnel commissioner;
(7) Officers and enlisted persons in the armed forces reserve;
(8) Patients and inmates who are employed by state institutions under the executive branch;
(9) Law enforcement civil service employees;
(10) Cement plant employees;
(11) The director and all employees of the South Dakota Racing Commission;
(12) Employees of foundation and alumni programs at the state public colleges and universities which receive no funding directly from the state;
(13) The director of the State Brand Board, State Brand Investigators, and the State Brand Inspectors;
(14) Administrative law judges in the State Office of Hearing Examiners.
Source: SL 1973, ch 2, § 28; SL 1973, ch 23, §§ 3, 4; SL 1976, ch 34; SL 1978, ch 302, § 6; SL 1979, ch 20, §§ 1 to 3; SL 1982, ch 17, § 4; SL 1984, ch 22; SL 1985, ch 15, § 15; SL 1985, ch 21, § 3; SL 1986, ch 31; SL 1987, ch 32; SL 1989, ch 20, § 46; SL 1993, ch 19, § 26.