Title 3 — PUBLIC OFFICERS AND EMPLOYEES

Source: SL 2012, ch 23 , § 16; SL 2019, ch 21 , § 5; SL 2020, ch 17 , § 2.

An employee who retires or voluntarily resigns may terminate employment at the end of the employee's accrued vacation leave or receive a lump-sum payment for the unused vacation leave which has accrued as of the employee's final day on the payroll. An employee meeting the definit…

Each permanent employee shall earn up to one hundred twelve hours sick leave per full year of employment. Sick leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner and shall accumulate without limit as to t…

Each permanent employee who has been employed by the state for a continuous period of six months is entitled to paid family leave following the birth of a child or placement of a child for adoption. Source: SL 2020, ch 17 , § 4.

A permanent employee may accrue vacation leave, but not sick leave, while receiving workers' compensation under §

Sick leave may be advanced to a permanent employee who has been in regular continuous employment of the state for at least one full year if the employee has used all of the employee's accrued vacation and sick leave. If an employee receives advanced sick leave, any subsequent sic…

There is hereby created a Civil Service Commission. The commission consists of seven members, not all of whom may be of the same political party. Three of the members shall be experienced in law enforcement. The Governor shall appoint each member for a term of four years, beginni…

The commission shall promulgate rules, pursuant to chapter 1-26 , to develop a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be …

The human resources commissioner shall approve the payroll for all departments and institutions of the executive branch to ensure compliance with this chapter and chapter 3-6C . Source: SL 2012, ch 23 , § 49; SL 2019, ch 21 , § 34.

The human resources commissioner shall give final approval or rejection to all negotiated labor contracts and settlements for civil service employees based on compliance with this chapter and commission rules. Source: SL 2012, ch 23 , § 50; SL 2019, ch 21 , § 35.

The commission shall promulgate rules, pursuant to chapter 1-26 , governing civil service employees in matters of discipline, retirement, standards of conduct, adverse actions, political activity in employment, hours of work, equal opportunity, complaints, grievances and appeals …

If a grievance remains unresolved after exhaustion of an agency grievance procedure, a civil service employee may demand a hearing before the commission as provided for in contested cases in chapter 1-26 . The proceedings shall be held as provided in chapter 1-26 . The commission…

In resolving grievances involving the discipline of a civil service employee, the commission shall determine and decide whether the action was made for good cause. If the commission finds that the action was made for good cause, the commission shall enter an order upholding the d…

In resolving a grievance, the commission may reinstate a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back…

Each agency shall adhere to, and assist the human resources commissioner in administering the provisions of this chapter. An agency may formulate agency level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the commission or the human reso…

The human resources commissioner shall maintain accurate records reflecting the costs of administering the provisions of this chapter. The human resources commissioner shall summarize the cost and shall bill each department, office, institution, or bureau for a pro rata share of …

A member of the commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on the charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the…

An applicant for a civil service position may not: (1) Directly or indirectly give, render, or pay, or promise to give, render, or pay any money, service, or other thing to any person, for or on account of, or in connection with an examination, appointment, or proposed appointmen…

An employee of the bureau or any other person may not defeat, deceive, or obstruct any person's right to examination, eligibility, certification, or appointment pursuant to this chapter, or furnish to any person any special or secret information for the purpose of affecting the r…

A person upon accepting civil service employment with any agency covered by this chapter shall be placed on a probationary period. For a law enforcement officer, the probationary period shall be twelve months. For all other civil service employment, the probationary period shall …

The director of the Division of Criminal Investigation shall establish and maintain records on law enforcement employees within the Division of Criminal Investigation relating to the provisions of this chapter. Source: SL 2012, ch 23 , § 61.

The Government Operations and Audit Committee shall review and investigate any matter referred to the committee by the Division of Criminal Investigation and may recommend appropriate action. The committee shall promptly notify the subject of the affidavit and resolve the matter …

The commission shall hold meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting …

This chapter applies to all executive branch employees of state government, 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, and public utilities commission; (2…

Each civil service applicant and civil service employee shall be accorded the following protections: (1) Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service emplo…

Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows: (1) Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. S…

The commission shall promulgate rules, pursuant to chapter 1-26 , in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test t…

Each civil service appointment shall be made from among the best qualified persons from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor. Source: SL 2012, ch 23 , § 45; SL 2019, ch 21 …

The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration …

The bureau may establish a benefits plan for plan-eligible employees of the state. The plan may either be self-funded or established as a group health insurance program. The plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy, and…

Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employees' benefits plan shall be placed in the trust fund established by this chapter and entitled the state employees' benefits plan fund. Disbursements from the fund shall be made b…

The bureau shall make available upon request, to each member, a certificate setting forth the benefits to which the member and the member's dependents are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provis…

Any benefits payable under the plan may be paid either directly to the attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited liability company, association, or firm furnishing the service upon which the claim is based, or to the m…

The human resources commissioner is responsible for the administration of this chapter and shall promulgate rules required for the effective administration of the provisions of this chapter pursuant to chapter 1-26 . The rules may be promulgated in the following areas: (1) To est…

The State of South Dakota shall provide for the amount necessary to make payment to the state employee workers' compensation program for the claims of employees of the state arising under title 62. This amount shall be transmitted to the account of the state employee workers' com…

Responsibility for the administration and payment of workers' compensation claims of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the state employee workers' compensation program. Source: SL 2012, ch 23 , § 77; SL 2019, ch 21 , § 59.

The state shall contribute on each payroll for an employee for each payroll period the amount of the state employee workers' compensation program premium, including any administrative expense. The state shall transmit monthly the amount specified to be paid to the state treasurer…

Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employee workers' compensation program shall be placed in the trust fund established by this section and entitled the state employee workers' compensation program fund. Disbursements f…

The human resources commissioner may promulgate rules, pursuant to chapter 1-26 , with respect to the adjustment, administration, and management of the state employee workers' compensation program. Source: SL 2012, ch 23 , § 80; SL 2019, ch 21 , § 62.

Responsibility for the administration and payment of life insurance plan benefits of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the bureau. Source: SL 2012, ch 23 , § 81; SL 2019, ch 21 , § 63.

The human resources commissioner may provide all, or any part of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which is self-funded in whole or in part. Source: SL 2012, ch 23 , § 64; SL 2019, ch 21 , § 46.

The human resources commissioner may authorize the purchase of reinsurance to cover against losses incurred by the plan. Source: SL 2012, ch 23 , § 65; SL 2019, ch 21 , § 47.

Each plan-eligible employee shall be enrolled in the plan unless the employee is covered by another group health plan or is covered by Medicare and the employee provides notice to the plan administrator. Source: SL 2012, ch 23 , § 66; SL 2019, ch 21 , § 48; SL 2020, ch 18 , § 1, …

Each plan-eligible employee shall be enrolled in the plan on the effective dates established by the human resources commissioner. Source: SL 2012, ch 23 , § 67; SL 2019, ch 21 , § 49.

A plan-eligible employee may elect to have any of the employee's eligible dependents covered by the plan. The election shall be made at the time the employee becomes enrolled in the plan, or at another time as the human resources commissioner allows. Source: SL 2012, ch 23 , § 68…

Source: SL 2012, ch 23 , § 69; SL 2019, ch 21 , § 51; SL 2021, ch 22 , § 2.

The State of South Dakota shall either make a monthly contribution to the system or otherwise provide for the amount necessary to make payment to the system for the full single rate monthly health insurance premium or contribution for the plan with the lowest actuarial value for …

The State of South Dakota shall deduct on each payroll of a member for each payroll period the amount of the contribution or premium, including any administrative expense. The state shall make deductions from salaries of plan-eligible employees and shall transmit monthly the amou…

The human resources commissioner shall establish and implement a drug screening program for applicants who seek the following employment: (1) Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or su…

Any printed public announcement or advertisement soliciting applications for the positions listed in § 3-6F-1 shall include a statement of the requirements of the drug screening program. Source: SL 2012, ch 23 , § 84.