reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-10 - Officer allowed expenses of defense after judgment for him in removal proceedings.

3-17-10. Officer allowed expenses of defense after judgment for him in removal proceedings.
If the final determination of such proceeding be favorable to such accused officer, he shall be allowed the reasonable and necessary expenses he has incurred in his defense, including a reasonable attorney fee, to be fixed by the court or judge. Such expenses shall be paid by the county, if he be a county officer; by the township, if he be a township officer; and by the municipality if he be an officer of such municipality.
Source:
SL 1915, ch 268, §1; RC 1919, §7015; SDC 1939, §48.0206; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-11 - Advancement of appeals on Supreme Court calendar--Circuit court order not stayed pending appeal.

3-17-11. Advancement of appeals on Supreme Court calendar--Circuit court order not stayed pending appeal.
In case of appeal to the Supreme Court, such appeal shall be advanced and take precedence over all causes upon the court calendar, and be assigned for hearing as soon after the record on appeal and briefs are filed as the business of the court will permit. The taking of an appeal by the defendant and the filing of a supersedeas bond shall not operate to stay the proceedings of the circuit court or judge, or restore the defendant to office pending such appeal.
Source:
SL 1915, ch 268, §1; RC 1919, §7015; SDC 1939, §48.0206.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-12 - Suspension of state's attorney or sheriff pending prosecution.

3-17-12. Suspension of state's attorney or sheriff pending prosecution.
If any state's attorney or sheriff is arrested for or charged with any offense against the laws of this state or the United States of America, and the Governor is informed that criminal proceedings are pending before any court or officer, the Governor shall in the case of a felony and may in the case of a misdemeanor suspend that state's attorney or sheriff from office until such charge is prosecuted. The effect of such a suspension is to relieve the affected state's attorney or sheriff from all responsibilities provided by law which are pertinent to that position.
Source:
SL 1985, ch 28, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-13 - Effect of suspension.

3-17-13. Effect of suspension.
A state's attorney or sheriff who is suspended from employment in accordance with the provisions of §3-17-12 shall assume leave of absence status and shall receive the same salary and employment benefits to which he would otherwise be entitled to be paid by the county he represents. Except as otherwise provided in §§3-17-12 to 3-17-19, inclusive, a state's attorney or sheriff who is suspended pursuant to §§3-17-12 to 3-17-19, inclusive, 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 law, a state's attorney or sheriff shall receive credit for the period of suspension toward any retirement benefit afforded by the county represented if ultimately reinstated pursuant to §§3-17-12 to 3-17-19, inclusive.
Source:
SL 1985, ch 28, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-14 - Appointment of acting state's attorney or sheriff.

3-17-14. Appointment of acting state's attorney or sheriff.
The Governor shall, in the case of a state's attorney, appoint the attorney general or one of his assistants or some competent attorney of the state selected by the attorney general, and the Governor shall, in the case of a sheriff suspended pursuant to §§3-17-12 to 3-17-19, inclusive, appoint a suitable person to discharge the duties of such office during any suspension imposed in accordance with the provisions of §§3-17-12 to 3-17-19, inclusive.
Source:
SL 1985, ch 28, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-15 - Compensation of acting state's attorney or sheriff.

3-17-15. Compensation of acting state's attorney or sheriff.
The county in which an attorney is temporarily appointed state's attorney or a person is temporarily appointed sheriff shall pay such appointee for his services and expenses in an amount determined and fixed by the Governor and certified to the county auditor of the affected county.
Source:
SL 1985, ch 28, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-16 - Powers and duties of acting state's attorney or sheriff.

3-17-16. Powers and duties of acting state's attorney or sheriff.
Any attorney temporarily appointed may discharge all the duties of an elected state's attorney and shall speedily bring to hearing and determination any charges made against the state's attorney so suspended. Any person temporarily appointed as sheriff may discharge all the duties of an elected sheriff.
Source:
SL 1985, ch 28, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-17 - Restoration of state's attorney or sheriff to office.

3-17-17. Restoration of state's attorney or sheriff to office.
If it is determined during the criminal proceeding that the state's attorney or sheriff so suspended is not guilty of the offense charged, this fact shall be certified to the county auditor by the Governor, whereupon such suspended state's attorney or sheriff shall be restored to office provided the term for which he was elected or appointed has not expired.
Source:
SL 1985, ch 28, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-18 - Time for trial of state's attorney or sheriff.

3-17-18. Time for trial of state's attorney or sheriff.
Any trial of a state's attorney or sheriff who has been charged with a criminal offense under the laws of this state, shall be commenced no later than sixty days from the date upon which formal charges are brought unless continued by court order.
Source:
SL 1985, ch 28, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-19 - Removal provisions unaffected.

3-17-19. Removal provisions unaffected.
Sections 3-17-12 to 3-17-18, inclusive, in no manner affect provisions of law relating to the removal from office of a state's attorney or sheriff.
Source:
SL 1985, ch 28, §8.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 18 - Public Employees Unions › Section 3-18-15.1 - Grievance procedures to be established.

3-18-15.1. Grievance procedures to be established.
The governing officer or board of each governmental agency shall enact, by agreement, ordinance, rule, or resolution, and make known to its employees a procedure which its employees may follow for prompt informal dispositions of their grievances.
Source:
SL 1970, ch 27, §1; SL 1993, ch 375, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 18 - Public Employees Unions › Section 3-18-15.2 - Appeal to department--Investigation, hearing, and order by department--Summary disposition of certain claims--Public employees of Board of Regents.

3-18-15.2. Appeal to department--Investigation, hearing, and order by department--Summary disposition of certain claims--Public employees of Board of Regents.
If, after following the grievance procedure enacted by the governing body, the grievance remains unresolved, except in cases provided in §3-6D-15, the grievance may be appealed to the Department of Labor and Regulation by filing an appeal with the department within thirty days after the final decision by the governing body is mailed or delivered to the employee. The department shall conduct an investigation and hearing and shall issue an order covering the points raised, which order is binding on the employee and the governmental agency. However, the department, upon the motion of any party, may dispose of any grievance, defense, or claim:
(1)If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or
(2)At the close of the evidence offered by the proponent of the grievance, defense, or claim if the department determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim.
Nothing in this section gives the department power to grant any contract of employment to a public employee employed by the Board of Regents.
Source:
SL 1970, ch 27, §1; SL 1976, ch 33, §5; SL 1983, ch 25; SL 1985, ch 29; SL 2002, ch 16, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2018, ch 12, §5; SL 2020, ch 63, § 3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 18 - Public Employees Unions › Section 3-18-15.3 - Grievance procedure adopted in absence of agency action.

3-18-15.3. Grievance procedure adopted in absence of agency action.
If no grievance procedure is enacted as provided in §3-18-15.1, the Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to adopt a standard grievance procedure to carry out the provisions of §3-18-15.1.
Source:
SL 1970, ch 27, §1; SL 1973, ch 33; SL 1993, ch 375, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 18 - Public Employees Unions › Section 3-18-15.5 - Grievance procedures for employees of political subdivisions.

3-18-15.5. Grievance procedures for employees of political subdivisions.
The provisions of §3-18-15.1 do not apply to employees of political subdivisions unless those employees are members of a public employee union or the governing body of a political subdivision has adopted an ordinance or resolution establishing a grievance procedure for all employees of the political subdivision.
Source:
SL 2013, ch 23, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 18 - Public Employees Unions › Section 3-18-16 - Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings.

3-18-16. Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings.
Any public employee, upon request, shall be entitled, as hereinafter provided, to establish that he did not violate the provisions of §3-18-10 or 3-18-11. Such requests must be filed in writing with the officer or body having the power and authority over such employees, within ten days after any action has been taken against such employee, whereupon such officer, or body, shall within ten days commence a proceeding at which time such person shall be entitled to be heard for the purpose of determining whether the provisions of §3-18-10 or 3-18-11 have been violated by such public employee. Such proceedings shall be undertaken without any unnecessary delay. The decision of such proceedings shall be made within ten days.
Source:
SL 1969, ch 88, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 18 - Public Employees Unions › Section 3-18-17 - Review by trial de novo of decision establishing violation.

3-18-17. Review by trial de novo of decision establishing violation.
In the event that the employee involved is held to have violated §3-18-10 or 3-18-11 and action is taken against him, he shall have the right of review by a trial de novo in the circuit court. Petition for such trial must be made within twenty days after the decision of the above proceedings is made known to the employee.
Source:
SL 1969, ch 88, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 19 - Indemnification Of Officers And Employees › Section 3-19-1 - Payment or indemnity allowable for costs, fees, judgments, or settlements in claims or actions against officers or employees.

3-19-1. Payment or indemnity allowable for costs, fees, judgments, or settlements in claims or actions against officers or employees.
If any claim or action is instituted against any governing board or member thereof, or an officer or employee of the State of South Dakota, or any political subdivision of the state, including the board of supervisors or members of an improvement district, arising out of an act or omission occurring within the scope of the employment of such employee, or when exercising official duties or responsibilities as an officer or member of such governing board, the entity may elect to do any one or more of the following things:
(1)Indemnify such officer or employee for the court costs incurred in the defense of such claim or action;
(2)Pay or indemnify such officer or employee the reasonable attorney fees incurred by virtue of such claim or action;
(3)Pay or indemnify such officer or employee for a judgment based upon such claim or action; or
(4)Pay or indemnify such officer or employee for a compromise or settlement of such claim or action.
Source:
SL 1969, ch 232; SL 1990, ch 52, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 19 - Indemnification Of Officers And Employees › Section 3-19-2 - Maximum payment or indemnity_Different maximum established by governing body--Excess claim to Legislature.

3-19-2. Maximum payment or indemnity--Different maximum established by governing body--Excess claim to Legislature.
In no event may the total amount of payment or indemnity for any one officer or employee exceed the sum of twenty-five thousand dollars. However, any political subdivision may establish a different maximum amount of payment or indemnity by a resolution approved by its governing body. Indemnity in excess of twenty-five thousand dollars or the maximum amount of the payment or indemnity approved by a resolution adopted by a political subdivision's governing body, whichever is greater, may be presented as a claim to the Legislature.
Source:
SL 1969, ch 232; SL 1974, ch 34; SL 1977, ch 34; SL 1985, ch 30; SL 2005, ch 29, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 19 - Indemnification Of Officers And Employees › Section 3-19-3 - Determination of payment or indemnity by governing board or attorney general.

3-19-3. Determination of payment or indemnity by governing board or attorney general.
The governing board of the particular political subdivision, including improvement districts, shall act for the entity in determining the election and amount of indemnity or payment to be made to such officer or employee. If the officer or employee is a state officer or employee, the attorney general shall make such election, and determine the amount of reimbursement or payment to be made to such employee.
Source:
SL 1969, ch 232; SL 1990, ch 52, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 20 - Reduced Tuition At State Colleges And Universities › Section 3-20-1 - Reduced tuition for certain state employees--Annual record.

3-20-1. Reduced tuition for certain state employees--Annual record.
Any employee of the state who has been continuously employed by the state for a period of one year may, upon compliance with §3-20-4 and all of the requirements for admission, attend and pursue any undergraduate or graduate course in any state educational institution under the control and management of the Board of Regents upon the payment of fifty percent of tuition and one hundred percent of required fees. The Board of Regents shall maintain an annual record of the number of participants and the tuition dollar value of such participation.
Source:
SL 1986, ch 28, §1; SL 1993, ch 45, §1; SL 2003, ch 27, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 20 - Reduced Tuition At State Colleges And Universities › Section 3-20-2 - Maximum credit hours to which reduced tuition may be applied.

3-20-2. Maximum credit hours to which reduced tuition may be applied.
Any employee of the state is eligible for the reduced tuition amount provided for in this chapter for a maximum of six credit hours per semester.
Source:
SL 1986, ch 28, §2; SL 1991, ch 35; SL 1993, ch 45, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 20 - Reduced Tuition At State Colleges And Universities › Section 3-20-3 - Participation in reduced tuition program limited to available space.

3-20-3. Participation in reduced tuition program limited to available space.
The right of any employee of the state to participate in the reduced tuition program is limited to the space available, as determined by the instructor, in any course after all of the full-time or full tuition paying students have registered.
Source:
SL 1986, ch 28, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 20 - Reduced Tuition At State Colleges And Universities › Section 3-20-4 - Eligibility for reduced tuition benefits.

3-20-4. Eligibility for reduced tuition benefits.
To be eligible for the reduced tuition benefit, any employee of the state shall:
(1)Be a bona fide resident of the state and employed by the state in a permanent classification that is eligible for benefits pursuant to chapter 3-12A;
(2)Maintain an average academic grade of 2.0 or better; and
(3)Have received a merit rating of competent or better in his most recent merit appraisal or is otherwise certified as competent by his immediate supervisor.
Source:
SL 1986, ch 28, §4; SL 1993, ch 45, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 20 - Reduced Tuition At State Colleges And Universities › Section 3-20-5 - Application for reduced tuition--Rules by Board of Regents.

3-20-5. Application for reduced tuition--Rules by Board of Regents.
Any employee of the state desiring the benefits of this chapter shall make application to the Board of Regents. The Board of Regents shall determine whether the person is entitled to the benefits of this chapter. The Board of Regents may promulgate rules pursuant to chapter 1-26 to accomplish the purposes of this chapter.
Source:
SL 1986, ch 28, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 20 - Reduced Tuition At State Colleges And Universities › Section 3-20-6 - Effect of other reduced tuition benefits.

3-20-6. Effect of other reduced tuition benefits.
No benefits may accrue under this chapter if a state employee is entitled to other reduced tuition benefits by law.
Source:
SL 1986, ch 28, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-1 - Definitions.

3-21-1. Definitions.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1)"Employee," all current and former employees and elected and appointed officers of any public entity whether classified, unclassified, licensed or certified, permanent or temporary whether compensated or not. The term includes employees of all branches of government including the judicial and legislative branches and employees of constitutional boards and offices. The term does not include independent contractors;
(2)"Public entities," the State of South Dakota, all of its branches and agencies, boards and commissions. The term also includes all public entities established by law exercising any part of the sovereign power of the state, including, but not limited to municipalities, counties, school districts, townships, sewer and irrigation districts, and all other legal entities that public entities are authorized by law to establish.
Source:
SL 1986, ch 4, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-2 - Notice prerequisite to action for damages--Time limit.

3-21-2. Notice prerequisite to action for damages--Time limit.
No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury. Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action.
Source:
SL 1986, ch 4, §2; SL 2007, ch 23, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-3 - Persons to whom notice must be given.

3-21-3. Persons to whom notice must be given.
Notice shall be given to the following officers as applicable:
(1)In the case of the State of South Dakota, to the attorney general and the commissioner of administration;
(2)In the case of a county, to the county auditor;
(3)In the case of a municipality, to the mayor or city finance officer;
(4)In the case of a school district, to the superintendent of schools;
(5)In the case of other public entities, to the chief executive officer or secretary of the governing board.
Source:
SL 1986, ch 4, §3; SL 1994, ch 40.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-4 - Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service.

3-21-4. Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service.
If the person injured is a minor or is mentally or physically incapacitated, the court may allow that person to serve the notice required by §3-21-2 within a reasonable time after the expiration of the period of disability. The application to the court to make extended service shall be made within two years of the event upon which the claim is based.
Source:
SL 1986, ch 4, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-5 - Effect of inaccuracy in notice.

3-21-5. Effect of inaccuracy in notice.
The notice required by §3-21-2 may not be deemed invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury if it is shown that the claimant had no intention to mislead and that the public entity was not misled.
Source:
SL 1986, ch 4, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-7 - No waiver of sovereign immunity.

3-21-7. No waiver of sovereign immunity.
Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees.
Source:
SL 1986, ch 4, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-8 - No liability for failure to provide correctional facilities or equipment, services, etc., therein.

3-21-8. No liability for failure to provide correctional facilities or equipment, services, etc., therein.
No person, political subdivision, or the state is liable for failure to provide a prison, jail, or penal or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, programs, facilities, or services in a prison or other correctional facility.
Source:
SL 1986, ch 4, §10.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-9 - No liability for parole or release of prisoner or revocation thereof or for certain other matters.

3-21-9. No liability for parole or release of prisoner or revocation thereof or for certain other matters.
No person, political subdivision, or the state is liable for any injury resulting from the parole or release of a prisoner or from the terms and conditions of his parole or release or from the revocation of his parole or release, or for any injury caused by or resulting from:
(1)An escaping or escaped prisoner;
(2)An escaping or escaped person;
(3)A person resisting arrest;
(4)A prisoner to any other prisoner; or
(5)Services or programs administered by or on behalf of the prison, jail, or correctional facility.
Source:
SL 1986, ch 4, §11.