South Dakota § 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.