O'Neill v. South Dakota Board of Charities & Corrections

WUEST, Acting Justice.

The Board of Charities and Corrections (Board) appeals the circuit court reversal of a Career Service Commission (Commission) order denying a grievance of Charles O’Neill (O’Neill) against the South Dakota State Penitentiary (penitentiary). We reverse and remand for a new hearing before the Career Service Commission.

This case is on appeal for the second time. In the first appeal, Grievance of O’Neill, 347 N.W.2d 887 (S.D.1984) (O’Neill I), we held that Commission erroneously invoked SDCL 23-3-35(3) in arriving at its decision upholding the dismissal of O’Neill as a guard…