3-6D-17. Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget.
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 benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to §3-12C-401. Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.
Source: SL 2012, ch 23, §54; SL 2012, ch 26, §16; SL 2019, ch 21, §39.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 06D - State Civil Service
Section 3-6D-1 - Civil Service Commission--Members--Appointment--Terms--Vacancies.
Section 3-6D-2 - Removal of commission member--Procedure.
Section 3-6D-3 - Meetings--Chair--Quorum--Law enforcement officer discipline.
Section 3-6D-4 - Employees covered by chapter--Exemptions.
Section 3-6D-5 - Protections for applicants and employees.
Section 3-6D-6 - Merit standards for personnel management actions.
Section 3-6D-7 - Promulgation of rules regarding recruitment, examination, selection, and promotion.
Section 3-6D-8 - Appointment of best qualified applicants--Eligibility lists--Misdemeanor.
Section 3-6D-9 - Delegation of administrative functions to institutions and departments.
Section 3-6D-10 - Promulgation of position classification rules.
Section 3-6D-11 - Promulgation of pay system rules.
Section 3-6D-12 - Payroll approval.
Section 3-6D-13 - Approval or rejection of labor contracts and settlements.
Section 3-6D-15 - Grievances--Hearing--Notice--Summary disposition.
Section 3-6D-16 - Good cause for employee discipline--Order upholding or reversing agency decision.
Section 3-6D-18 - Assistance of agencies--Agency level procedures.
Section 3-6D-19 - Records of administrative costs--Billing of agencies.
Section 3-6D-20 - Prohibited conduct by applicants--Misdemeanor.
Section 3-6D-21 - Interference with rights under chapter--Secret information--Misdemeanor.
Section 3-6D-22 - Grievance for retaliation against whistleblower.
Section 3-6D-23 - Probationary period--Dismissal without cause .