Title 3, PUBLIC OFFICERS AND EMPLOYEES

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 …

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…

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 settlem…

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…

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 n…

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 actio…

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 o…

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 b…

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,…

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 c…

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.

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.

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.…

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 …

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.

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 compen…

No waiver of state immunity by statute or, where permitted, by any officer or agent of the state may constitute or be interpreted as a waiver of the state's immunity from lawsuits in federal court or the courts of any jurisdiction other than the South Dakota Unified Judicial Syst…

Any employee, agent, or board member of any authority established by state law are agents of the State of South Dakota for the purposes of § 21-32-17 . Source: SL 1986, ch 4 , § 13. 3-21-12

No agreement providing for indemnification by the state is enforceable against the state, except to the extent that liability coverage is provided for the indemnification pursuant to § 3-22-1 , funds are specifically appropriated by the Legislature to provide for the indemnificat…

A nondisparagement or similar clause is void and unenforceable to prevent the communication or disclosure of facts to the Executive Board of the Legislative Research Council or the Government Operations and Audit Committee as to any state government activities associated with any…

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 giv…

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 human resources and administration; (2) In the case of a county, to the county auditor; (3) In the case of a municipality, …

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 s…

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 , …

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.

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 corre…

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)…

There is hereby established the South Dakota public entity pool for liability effective March 1, 1987. PEPL shall provide defense and liability coverage for any state entity or employee as provided for within the coverage document issued by PEPL. Nothing in this chapter may be co…

The director, at the director's sole discretion, may determine the disposition or payment amount of any covered claim. However, the director shall consult with the attorney general prior to entering a negotiated settlement of any civil action arising from a covered claim. Source:…

There is hereby created on March 1, 1987, the public entity pool for liability fund to be used to pay claims pursuant to this chapter and the personal services and operating expenses for the management and operation of the PEPL. Any money in the fund shall be continuously appropr…

The PEPL coverage year shall be July first through June thirtieth. Source: SL 1986, ch 413 , § 17.

Pursuant to S.D. Const., Art. III, § 27, suits against the state are authorized only for a covered claim to the extent coverage is provided in the coverage document. Nothing in this chapter may be construed to otherwise waive or abrogate any immunity or defense available to any s…

The PEPL does not constitute insurance nor may it be considered an insurance company under the laws of South Dakota nor is the PEPL under the jurisdiction of the commissioner of insurance. Source: SL 1986, ch 413 , § 19. 3-22-19

Terms used in this chapter mean: (1) "PEPL," the public entity pool for liability established pursuant to this chapter; (2) "Bureau," the Bureau of Human Resources and Administration; (3) "Covered claim," a claim or civil action arising in tort from the operation of a motor vehic…

This chapter is intended as direct state action within the meaning of federal antitrust laws. Source: SL 1986, ch 413 , § 21; SL 2010, ch 24 , § 14.

Nothing in this chapter may be construed to remove or waive the immunity of judicial officers or agents in the performance of their duties. The fund shall, however, provide legal services, if requested by the Supreme Court, to defend judicial officers or agents should they be sue…

Nothing in this chapter limits the formation or operation of any pool arrangement formed pursuant to chapter 1-24 . Source: SL 2010, ch 24 , § 19.

The bureau may: (1) Select a director who shall serve at the pleasure of the bureau; (2) Enter contracts for actuarial determinations, claims adjustment and investigation, loss control and risk management, legal services, or other services the director determines to be necessary …

The bureau may, pursuant to chapter 1-26 , establish rules for: (1) Submission, reporting, handling, and payment of claims; (2) Implementation of risk management and loss control practices; (3) Rates and timing of contributions by state entities for coverage; (4) Collection and r…

PEPL may pay a covered claim established by judgment or negotiated settlement as provided in the coverage document and which is not barred or avoidable through sovereign immunity or other substantive law. No employee is subject to personal liability for any covered claim in exces…

No elected or appointed member of a state authority, board, or commission may have an interest in or derive a direct benefit from any contract: (1) With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the…

Terms used in this chapter mean: (1) "Board member," an elected or appointed member of the governing board; (2) "Cooperative education service unit," a legal entity created pursuant to §§ 13-5-31 to 13-5-33 , inclusive, including subcontractors, agents or assigns of the cooperati…

The following authorities, boards, or commissions are subject to this chapter: (1) South Dakota Building Authority; (2) Board of Economic Development; (3) South Dakota Housing Development Authority; (4) South Dakota Health and Education Facilities Authority; (5) Science and Techn…

An elected or appointed member of a state authority, board, or commission derives a direct benefit from a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets: (1) Is a party to or intended beneficiary of the contract; (…

An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets: (1) Is employed by a party to the contract; or (2) Receives more than n…

A state authority, board, or commission member does not derive a direct benefit from or have an interest in a contract: (1) Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom…