reglab/housing_qa huggingface dataset:
SD Codified L § 3-17-20 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 17 - Removal From Office|Section 3-17-20 - Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office.

3-17-20. Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office.If any officer is arrested for or charged with any offense against the laws of this state or the United States of America, and the board of county commissioners is informed that criminal proceedings are pending before any court or officer, the board of county commissioners may in the case of a Class 1 misdemeanor charge that is relevant to the responsibilities and duties of the office and shall in the case of a felony charge suspend that officer from office until such charge is prosecuted. The officer who is suspended pursuant to this section is relieved from all responsibilities provided by law which are pertinent to that office. The county commission shall appoint one of the officer's assistants or a suitable person to discharge the duties of the office during any suspension imposed in accordance with the provisions of §§3-17-20 to 3-17-22, inclusive. If it is determined during the criminal proceeding that the officer suspended is not guilty of the offense charged, the court shall so notify the board of county commissioners. If the term for which the officer was elected or appointed has not expired, the suspended officer shall be restored to that office by the board of county commissioners. For the purposes of §§3-17-20 to 3-17-22, inclusive, the term, officer, includes the county auditor, county treasurer, and county register of deeds. Source: SL 2007, ch 22, §1.
SD Codified L § 3-17-21 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 17 - Removal From Office|Section 3-17-21 - Leave of absence status of suspended person.

3-17-21. Leave of absence status of suspended person.Any officer who is suspended from employment in accordance with the provisions of §3-17-20 shall assume leave of absence status and shall receive the same salary and employment benefits to which the officer would otherwise be entitled to be paid by the county. Except as otherwise provided in §§3-17-20 to 3-17-22, inclusive, an officer who is suspended pursuant to §3-17-20 has the same rights, benefits, and obligations as any county employee who is on a leave of absence status for any other purpose. Notwithstanding any other provision of law, an officer shall receive credit for the period of suspension toward any retirement benefit afforded by the county, if the officer is reinstated pursuant to §3-17-20. Source: SL 2007, ch 22, §2.
SD Codified L § 3-17-22 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 17 - Removal From Office|Section 3-17-22 - Compensation and duties of temporary appointee.

3-17-22. Compensation and duties of temporary appointee.The county in which an officer is temporarily appointed pursuant to §3-17-20 shall pay the appointee for services and expenses in an amount determined and fixed by the board of county commissioners for such office. Any person temporarily appointed as an officer may discharge all the duties of such office. Source: SL 2007, ch 22, §3.
SD Codified L § 3-17-23 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 17 - Removal From Office|Section 3-17-23 - Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.

3-17-23. Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.If any county commissioner is arrested for or charged with any offense against the laws of this state or the United States of America, and the board of county commissioners is informed that criminal proceedings are pending before any court or officer, the remaining board of county commissioners may in the case of a Class 1 misdemeanor charge that is relevant to the responsibilities and duties of the office and shall in the case of a felony charge suspend that county commissioner from office until such charge is prosecuted. The county commissioner who is suspended pursuant to this section is relieved from all responsibilities provided by law which are pertinent to that office. If it is determined during the criminal proceeding that the county commissioner suspended is not guilty of the offense charged, this fact shall be certified to the board of county commissioners. If the term for which the county commissioner was elected or appointed has not expired, the suspended county commissioner shall be restored to that office by the remaining board of county commissioners. Source: SL 2007, ch 22, §4.
SD Codified L § 3-17-24 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 17 - Removal From Office|Section 3-17-24 - Removal from office provisions unaffected.

3-17-24. Removal from office provisions unaffected.Sections 3-17-20 to 3-17-23, inclusive, do not affect the provisions of law relating to the removal from office of any county commissioner, county auditor, county treasurer, or county register of deeds. Source: SL 2007, ch 22, §5.
SD Codified L § 3-18-1.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-1.1 - "Grievance" defined.

3-18-1.1."Grievance" defined.The term "grievance" as used in this chapter means a complaint by a public employee or group of public employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies, or rules of the government of the State of South Dakota or the government of any one or more of the political subdivisions thereof, or of the public schools, or any authority, commission, or board, or any other branch of the public service, as they apply to the conditions of employment. Negotiations for, or a disagreement over, a nonexisting agreement, contract, ordinance, policy, or rule is not a "grievance" and is not subject to this section. Source: SL 1970, ch 27, §1; SL 1993, ch 375, §1.
SD Codified L § 3-18-2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-2 - Rights relating to labor organizations--Designation of representatives--Discrimination against employees exercising rights as misdemeanor--Good faith negotiations--Intimidation.

3-18-2. Rights relating to labor organizations--Designation of representatives--Discrimination against employees exercising rights as misdemeanor--Good faith negotiations--Intimidation.Public employees shall have the right to form and join labor or employee organizations, and shall have the right not to form and join such organizations. Public employees shall have the right to designate representatives for the purpose of meeting and negotiating with the governmental agency or representatives designated by it with respect to grievance procedures and conditions of employment and after initial recognition by the employer, it shall be continuous until questioned by the governmental agency, labor or employee organization, or employees, pursuant to §3-18-5. It is a Class 2 misdemeanor to discharge or otherwise discriminate against an employee for the exercise of such rights, and the governmental agency or its designated representatives shall be required to meet and negotiate with the representatives of the employees at reasonable times in connection with such grievance procedures and conditions of employment. The negotiations by the governmental agency or its designated representatives and the employee organization or its designated representatives shall be conducted in good faith. Such obligation does not compel either party to agree to a proposal or require the making of a concession but shall require a statement of rationale for any position taken by either party in negotiations. It shall be unlawful for any person or group of persons, either directly or indirectly to intimidate or coerce any public employee to join, or refrain from joining, a labor or employee organization. Source: SL 1969, ch 88, §7, subdiv 2; SL 1970, ch 26, §1; SL 1973, ch 31; SL 1974, ch 33; SL 1980, ch 24, §48.
SD Codified L § 3-18-3.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-3.1 - Unfair practices of employers defined.

3-18-3.1. Unfair practices of employers defined.It shall be an unfair practice for a public employer to:(1)Interfere with, restrain, or coerce employees in the exercise of rights guaranteed by law;(2)Dominate, interfere, or assist in the formation or administration of any employee organization, or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;(3)Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any employee organization;(4)Discharge or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this chapter;(5)Refuse to negotiate collectively in good faith with a formal representative; and(6)Fail or refuse to comply with any provision of this chapter. Source: SL 1973, ch 30, §1.
SD Codified L § 3-18-3.2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-3.2 - Unfair practices of employee organizations defined.

3-18-3.2. Unfair practices of employee organizations defined.It is an unfair practice for an employee organization or its agents to:(1)Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of membership therein;(2)Restrain or coerce an employer in the selection of his representative for the purpose of collective bargaining or the adjustment of grievances;(3)Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 3-18-3.1(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; and(4)Refuse to negotiate collectively in good faith with an employer, provided it is the formal representative. Source: SL 1973, ch 30, §2; SL 1993, ch 375, §7.
SD Codified L § 3-18-3.3 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-3.3 - Rules on unfair practices.

3-18-3.3. Rules on unfair practices.The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to specify procedures to enforce the provisions of §§3-18-3.1 and 3-18-3.2. Source: SL 1973, ch 30, §3; SL 1993, ch 375, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-3.4 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-3.4 - Time for filing complaint on unfair practice.

3-18-3.4. Time for filing complaint on unfair practice.Any complaint brought under the provisions of §§3-18-3.1 and 3-18-3.2 shall be filed with the Department of Labor and Regulation within sixty days after the alleged commission of an unfair labor practice occurs or within sixty days after the complainant should have known of the offense. Source: SL 1983, ch 23; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-4 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-4 - Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit.

3-18-4. Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit.When a governmental agency declines to grant formal recognition or when a question concerning the designation of a representation unit is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and, after a hearing if requested by any party, rule on the definition of the appropriate representation unit. The department shall certify to the parties in writing the proper definition of the unit. In defining the unit, the department shall take into consideration, along with other relevant factors, the principles of efficient administration of government, the principles and the coverage of uniform comprehensive position classification and compensation plans in the governmental agency, the history and extent of organization, occupational classification, administrative and supervisory levels of authority, geographical location, and the recommendations of the parties. Source: SL 1969, ch 88, §7, subdiv 4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-5 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-5 - Question on representative of employees--Petition for investigation or certification--Hearing to ascertain representatives for formal recognition.

3-18-5. Question on representative of employees--Petition for investigation or certification--Hearing to ascertain representatives for formal recognition.When a question concerning the representative of employees is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and certify to the parties in writing, the name or names of the representatives that have been designated or selected. The filing of a petition for the investigation or certification of a representative of employees by any of the parties shall constitute a question within the meaning of this section. In any such investigation, the department may provide for an appropriate hearing, and shall take a secret ballot of employees to ascertain such representatives for the purposes of formal recognition. If the department has certified a formally recognized representative in a unit of employees as provided in §3-18-4, it shall not be required to consider the matter again for a period of one year unless it appears to it that sufficient reason exists. Source: SL 1969, ch 88, §7, subdiv 5; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-6 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-6 - Promulgation of rules of procedure for elections and negotiations.

3-18-6. Promulgation of rules of procedure for elections and negotiations.The secretary of labor and regulation shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§3-18-4, 3-18-5, and 3-18-8.1. The rules shall specify:(1)The procedure to be used for the election to determine representation for formal recognition; and(2)The procedure to follow if negotiations reach an impasse. Source: SL 1969, ch 88, §7, subdiv 5; SL 1983, ch 22, §4; SL 1993, ch 375, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-7 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-7 - Tentative settlement between labor or employee organization and designated representatives of agency--Action by governing body or officer.

3-18-7. Tentative settlement between labor or employee organization and designated representatives of agency--Action by governing body or officer.If a tentative settlement is reached between a labor or employee organization or organizations and the designated representatives of the governmental agency, such representatives shall recommend such settlement to the governing body or officer having authority to take action. The governing body or officer shall as soon as practicable consider the recommendations and take such action, if any, upon them as it or he deems appropriate. Source: SL 1969, ch 88, §8.
SD Codified L § 3-18-8 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-8 - Implementation of settlement between labor or employee organization and governing body.

3-18-8. Implementation of settlement between labor or employee organization and governing body.If a settlement is reached with a labor or employee organization or organizations and the governing body, such governing body shall implement the settlement in the form of an agreement which shall be effective only upon approval by resolution of the governing body. If the settlement requires the adoption of a law or charter amendment to implement it fully, the governmental agency shall make every reasonable effort to propose and secure the enactment of the law or charter amendment. Source: SL 1969, ch 88, §8; SL 1970, ch 27, §2; SL 1971, ch 20, §2.
SD Codified L § 3-18-8.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-8.1 - Intervention by department on failure to reach agreement.

3-18-8.1. Intervention by department on failure to reach agreement.In case of impasse or failure to reach an agreement in negotiations conducted under the provisions of this chapter, either party may request the Department of Labor and Regulation to intervene under the provisions of §§60-10-1 to 60-10-3, inclusive. Such request shall be mailed within ten days after a written statement is delivered to the designated representative for the other party declaring an impasse. Nothing in this section prohibits the parties to an impasse from adopting any other procedure to facilitate a settlement that is mutually agreeable. Source: SL 1970, ch 26, §3; SL 1983, ch 24, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-8.2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-8.2 - Issuance of contracts by school districts prior to reaching agreement--Terms and conditions.

3-18-8.2. Issuance of contracts by school districts prior to reaching agreement--Terms and conditions.Any school district issuing contracts to teachers for the ensuing year, but prior to reaching agreement with the representatives of the recognized employee unit, shall issue the contracts under the same terms and conditions as for the current year. If no agreement is reached in negotiations and the intervention of the Department of Labor and Regulation under §3-18-8.1 fails to bring about an agreement, the board shall implement, as a minimum, the provisions of its last offer, including tentative agreements. If the Department of Labor and Regulation is not requested to intervene under the provisions of §3-18-8.1, the board shall implement the provisions of its last offer, including tentative agreements, eleven days after an impasse is declared. Source: SL 1988, ch 38; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 3-18-9 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-9 - Strike defined.

3-18-9. Strike defined.The word "strike" as used in this chapter shall mean the failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by concerting action with others, and without the lawful approval of one's superior, or in any manner interfering with the operation of government of the State of South Dakota, the government of any of the political subdivisions thereof, the public schools or any authority, commission, board, or branch thereof, for the purpose of coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. Source: SL 1969, ch 88, §1, subdiv 2; SL 1970, ch 27, §3.
SD Codified L § 3-18-10 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-10 - Strikes prohibited--Right to submission of grievance.

3-18-10. Strikes prohibited--Right to submission of grievance.No public employee shall strike against the State of South Dakota, any of the political subdivisions thereof, any of its authorities, commissions, or boards, the public school system or any other branch of the public service. Provided, however, that nothing contained in this chapter shall be construed to limit, impair, or affect, the right of any public employee to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment with the full, faithful and proper performance of the duties of employment. Source: SL 1969, ch 88, §2.
SD Codified L § 3-18-11 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-11 - Consent to strikes by supervisors prohibited--Discharge from employment for submission of grievance prohibited.

3-18-11. Consent to strikes by supervisors prohibited--Discharge from employment for submission of grievance prohibited.No person exercising any authority, supervision, or direction over any public employee shall have the power to authorize, approve or consent to a strike by one or more employees, and such person shall not authorize, approve, or consent to such strike, nor shall any such person discharge or cause any public employee to be discharged or separated from his or her employment because of participation in the submission of a grievance in accordance with the provision of §3-18-10. Source: SL 1969, ch 88, §3.
SD Codified L § 3-18-14 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-14 - Injunctive relief in case of strike.

3-18-14. Injunctive relief in case of strike.The governing boards of the state and its political subdivisions may apply for injunctive relief in circuit court immediately upon the existence of a strike or related activities, and the state's attorney of every county shall have the same duty and enforcement of the chapter. Source: SL 1969, ch 88, §6; SL 1973, ch 32.
SD Codified L § 3-18-15 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 18 - Public Employees Unions|Section 3-18-15 - Right of employee or representative to expression or communication of grievance not limited.

3-18-15. Right of employee or representative to expression or communication of grievance not limited.Nothing contained in this chapter shall be construed to limit, impair, or affect the right of any public employee or his or her representative to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment; nor shall it be construed to require any public employee to perform labor or services against his will. Source: SL 1969, ch 88, §7, subdiv 1.