South Dakota Codified Laws
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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 3 - Public Officers and Employees

Chapter 17 - Removal From Office

Section 3-17-1 - Removal of constitutional state officers by Governor--Grounds--Notice and hearing.

Section 3-17-2 - Removal of appointive state officers by Governor without cause.

Section 3-17-3 - Removal of local law enforcement officers by Governor--Grounds.

Section 3-17-4 - Notice and hearing on removal of law enforcement officer.

Section 3-17-5 - Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor.

Section 3-17-6 - Grounds for removal of local officers from office.

Section 3-17-7 - Proceedings for removal of local officer--Pleadings and process.

Section 3-17-8 - Suspension of local officer pending removal proceedings.

Section 3-17-9 - Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.

Section 3-17-10 - Officer allowed expenses of defense after judgment for him in removal proceedings.

Section 3-17-11 - Advancement of appeals on Supreme Court calendar--Circuit court order not stayed pending appeal.

Section 3-17-12 - Suspension of state's attorney or sheriff pending prosecution.

Section 3-17-13 - Effect of suspension.

Section 3-17-14 - Appointment of acting state's attorney or sheriff.

Section 3-17-15 - Compensation of acting state's attorney or sheriff.

Section 3-17-16 - Powers and duties of acting state's attorney or sheriff.

Section 3-17-17 - Restoration of state's attorney or sheriff to office.

Section 3-17-18 - Time for trial of state's attorney or sheriff.

Section 3-17-19 - Removal provisions unaffected.

Section 3-17-20 - Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office.

Section 3-17-21 - Leave of absence status of suspended person.

Section 3-17-22 - Compensation and duties of temporary appointee.

Section 3-17-23 - Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.

Section 3-17-24 - Removal from office provisions unaffected.