Title 3, PUBLIC OFFICERS AND EMPLOYEES

When the incumbent of an office is reelected, his bond shall not be approved until he has produced and fully accounted for all public funds and property in his control under color of his office during the expiring term, to the person or authority to whom he should account, and th…

The approval of official bonds shall in all cases be endorsed upon the bond and signed by the officer approving, or by the chairman of the board of county commissioners. Source: PolC 1877, ch 5, § 8; CL 1887, § 1376; RPolC 1903, § 1793; RC 1919, § 7029; SDC 1939, § 48.0308.

The bonds of all county and precinct officers immediately after the approval of the same, shall be recorded at length in the office of the register of deeds of the county to which such bonds are given, in a book to be provided and kept for that purpose. When such bonds are so rec…

Terms as used in chapters 3-6C to 3-6F , inclusive, mean: (1) "Appointing authority," the hiring entity; (2) "Commission," the Civil Service Commission; (3) "Bureau," the Bureau of Human Resources and Administration; (4) "Bureau commissioner," a person appointed by and serving at…

An employee may not be compensated under § 62-4-3 for a period for which the employee has also received sick pay authorized by § 3-6C-7 or 3-6C-9 or vacation pay authorized by § 3-6C-4 . Nothing in this section limits any other compensation or benefits due to an employee under Ti…

If an injured permanent employee's workers' compensation benefits are not equal to the employee's salary, the employee may, notwithstanding any provision in § 3-6C-10 , use paid sick or vacation leave in an amount necessary to make up the difference between the employee's salary …

A permanent employee, who has been continuously employed in a permanent position for at least seven years prior to the date of the employee's retirement, voluntary resignation, layoff, termination for inability to perform job functions due to physical disability, or death, shall …

A permanent employee may donate accrued vested leave to another permanent employee who has exhausted all accrued vacation and sick leave and who meets one of the following criteria: (1) The recipient employee is terminally ill and the employee's condition does not allow a return …

Any donation of leave pursuant to § 3-6C-13 or 3-6C-15 may be restricted as follows: (1) The donating employee may only donate leave to an employee who is at the same or lower pay grade as the donating employee; and (2) The donation may be denied based upon funding considerations…

A permanent employee may donate accrued vested vacation leave to another permanent employee who meets all of the following criteria: (1) The recipient employee will use the donated leave to care for the recipient employee's spouse, child, or parent who is terminally ill; (2) The …

If a permanent employee transfers from one state department, institution, agency, or office to another state department, institution, agency, or office, the employee may transfer all unused accrued vacation and sick leave as was allowed the employee under the provisions of §§ 3-6…

The provisions of §§ 3-6C-4 to 3-6C-16 , inclusive, do not prohibit the taking of leave of absence for vacation or sickness without pay if the leave of absence is authorized and approved by the board, commission, agency, department, office, or officer employing the employee, purs…

The commission may, pursuant to chapter 1-26 , promulgate rules to further define and administer the types of leave permitted to be taken as sick leave, vacation leave, paid family leave, and leave of absence, including the following: child care, jury duty, military service, mate…

It is the policy of the State of South Dakota that citizens of this state and of the United States may not be deprived of their freedom of speech guaranteed them by the constitutions of the United States of America and of the State of South Dakota, by reason of the fact that they…

The bureau shall perform human resource functions for the following agencies: (1) Board of Regents; (2) Board of Trustees of the South Dakota Retirement System; and (3) All other state departments, bureaus, divisions, boards, and commissions of the executive branch. The bureau ma…

Holidays, other than Sundays, enumerated in § 1-5-1 , are a benefit for permanent employees including those who are not scheduled to work the day on which a holiday falls. A permanent employee shall receive holiday pay if the employee works at least one shift or is on approved pa…

A permanent employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay not to exceed ten days in any one calendar year to participate in disaster relief services for the American Red Cross during a State of South Dakot…

Any absence approved pursuant to § 3-6C-21 for disaster service volunteers does not affect a permanent employee's right to receive normal vacation and sick leave, bonus, advancement, and other advantages of employment. Source: SL 2012, ch 23 , § 33; SL 2019, ch 21 , § 21.

Each appointing authority shall have exclusive authority to make the final selection of employees in the authority's respective department, bureau, division, and institution. Source: SL 2012, ch 23 , § 34.

The human resources commissioner shall establish and maintain appropriate records on all employees relating to the several provisions of this chapter. The commission may promulgate rules, pursuant to chapter 1-26 , to regulate the records maintained by the bureau. Any records req…

Preference in the selection of student interns shall be given to those students who are residents of South Dakota or attending an institution of higher education within this state. Source: SL 2012, ch 23 , § 36.

Each current or new executive branch employee, whose duties include access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source, shall submit to and successfully pass a state and federal criminal background in…

Terms used in §§ 1-56-11 and 3-6C-27 to 3-6C-31 , inclusive, mean: (1) "Adverse employment action," constructive or actual discharge, suspension from employment, demotion, transfer, decrease in compensation or benefits, imposition of an unfavorable work schedule, or any other sim…

A state employee who, in the regular course of the state employee's duties, has reasonable cause to suspect that another state employee has engaged in improper governmental conduct or a crime shall promptly notify a supervisor. Upon receipt of a reporter's good faith report, a su…

A supervisor who must submit a required report pursuant to § 3-6C-28 shall prepare the required report in a form prescribed by the attorney general. The reporter shall cooperate with any investigation or inquiry initiated in response to the filing of the required report. Nothing …

A temporary, patient, or student employee, as defined by rules promulgated by the commission pursuant to chapter 1-26 , may not receive any compensation for any holiday as defined in § 1-5-1 . However, the employee shall be compensated for any hours actually worked on holidays. S…

Each state agency shall adopt a written policy on reporting improper governmental conduct and crime and submitting records evidencing the improper governmental conduct or crime. Each state agency shall notify and inform state employees of the obligations and protections set forth…

The attorney general shall provide information to the Government Operations and Audit Committee, on an annual basis, regarding the number of reports received pursuant to §§ 3-6C-28 and 3-6C-29 and the disposition of each report. Source: SL 2025, ch 25 , § 6.

Terms used in §§ 3-6C-32 to 3-6C-36 , inclusive, mean: (1) "Adverse employment action," constructive or actual discharge, suspension from employment, demotion, transfer, decrease in compensation or benefits, imposition of an unfavorable work schedule, or any other similar reprisa…

A reporter who makes a good faith report of improper governmental conduct or crime, or submits records in support of the good faith report, is immune from any liability, civil or criminal, which might otherwise be incurred or imposed, and has the same immunity for participation i…

No state agency may take adverse employment action against a reporter because the reporter: (1) Made a good faith report of improper governmental conduct or a crime to an appropriate authority; (2) Filed a complaint; (3) Instituted or caused to be instituted a proceeding; (4) Req…

To be eligible for protections under §§ 3-6C-33 and 3-6C-34 , a reporter who discloses information about improper governmental conduct or a crime must do so in good faith and upon a reasonable belief that the information disclosed is accurate and true. A disclosure that is made w…

A reporter may bring a civil action for a violation of § 3-6C-34 in the circuit court of Hughes County against the reporter's supervisor, in the supervisor's official capacity, or the state agency by which the reporter is employed. The court may order any of the following remedie…

Each permanent employee shall earn up to one hundred twenty hours vacation leave per full year of employment. A permanent employee with more than fifteen years employment shall earn up to one hundred sixty hours vacation leave per full year of employment. Vacation leave shall be …

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 § 62-4-3 . Source: SL 2012, ch 23 , § 19; SL 2019, ch 21 , § 8.

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 commission shall promulgate rules, pursuant to chapter 1-26 , to develop a statewide pay system which assures the principle of equal pay for equal work applying to positions existing in the civil service. Source: SL 2012, ch 23 , § 48; SL 2019, ch 21 , § 33.

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 …