3-3-4. Restrictions on removal of veteran from employment--Hearing and review--Burden of proof.
No person holding a public position by appointment or employment, and belonging to any of the classes of persons to whom a preference is granted pursuant to this chapter, may be removed from the position or employment unless replaced by another person of a class to whom such preference is granted. However, the person may be removed for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, and with the right of the employee or appointee to a review by writ of certiorari. The burden of proving incompetency or misconduct rests upon the party alleging the incompetency or misconduct.
Source: SL 1935, ch 188, §§5, 6; SL 1937, ch 227, §2; SDC 1939, §§41.0505, 41.0506; SL 2010, ch 19, §11.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 03 - Veterans Preference In Employment
Section 3-3-2 - Investigation and interview of veteran applicants.
Section 3-3-3 - Mandamus available to enforce veterans' preference.
Section 3-3-5 - Noncompliance as misdemeanor.
Section 3-3-6 - Confidential and policy-making positions exempt from chapter.
Section 3-3-8 - Spouse of disabled veteran--Entitlement to preference under certain conditions.
Section 3-3-9 - Distribution of information about state laws on veterans' preference in employment.