South Dakota Codified Laws
Chapter 06D - State Civil Service
Section 3-6D-5 - Protections for applicants and employees.

3-6D-5. Protections for applicants and employees.
Each civil service applicant and civil service employee shall be accorded the following protections:
(1)Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service employee is prohibited;
(2)A civil service employee may not be required to participate in partisan political activities;
(3)A civil service employee may not be obliged, by reason of that employment, to contribute to any political funds or collections or render political service. A civil service employee refusing to contribute funds or to render that political service may not be removed or otherwise disciplined or prejudiced for the refusal;
(4)A civil service employee retains the right of free speech;
(5)A civil service employee may not be disciplined for the reporting of any violation of state or federal law to any local, state or federal authority;
(6)A civil service employee has the right to obtain a copy of the employee's personnel file or any other pertinent data that directly relates to the employee held in the state's files. The cost of the copy shall be borne by the employee;
(7)Prior to any disciplinary action, a civil service employee shall be given verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and
(8)Other rights and protections as enumerated by state or federal statute or rule.

Source: SL 2012, ch 23, §42; SL 2019, ch 21, §27.

Structure South Dakota Codified Laws

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-14 - Promulgation of rules governing discipline, conditions of work, and grievance procedures.

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-17 - Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget.

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 .

Section 3-6D-24 - Records on law enforcement employees.

Section 3-6D-25 - Government Operations and Audit Committee to investigate matters referred by Division of Criminal Investigation.