(dissenting).
I would reverse.
I do not believe that our legislature by enacting SDCL 3-18 — 15.2 intended to repeal the power of a mayor to remove officials appointed by him, SDCL 9-14-13, or to repeal the power of a municipal governing body to set salaries and compensation for its officers, SDCL 9-14-28, or to allow the Department of Manpower Affairs to “perform any municipal functions whatever,” § 26, Article III, South Dakota Constitution. By Ch. 27, S.L.1970, “An Act relating to SDCL 3-18 and providing for grievance procedures and their enactment by the political subdivisions of, and the state of, South Dakota,” the legislature defined “grievance” as it was to be used in SDCL 3-18 as, among other things,
“a complaint by a public employee * * based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies, rules or regulations of * * * the government of any one or more of the political subdivisions [of the state of South Dakota] * * * as they apply to the conditions of employment. * * *” Section 1, Ch. 27, S.L.1970 (SDCL 3-18-1.1). (emphasis supplied)
SDCL 3-18-15.2, which was a part of § 1, Ch. 27, S.L.1970, read at the time this grievance arose as follows:
“If, after following the grievance procedure enacted by the governing body, the grievance remains unresolved, it may be appealed to the department of manpower affairs, which shall conduct an investigation and hearing and shall issue an order covering the points raised, which order shall be binding on the employees and the governmental agency." (emphasis supplied)
By enacting these laws, the legislature provided a procedure through which public employees could complain for wrongful or inequitable treatment by the state or local *369governments. To make governmental action terminating a grievant’s employment immune from such procedure would be both unconscionable and contrary to the clear legislative intent behind these provisions. Similarly, to hold that a determination upon an oral salary agreement cannot be made by the department because municipal governing bodies are solely empowered to set salaries and compensation would be contrary to the express terms of SDCL 3-18-1.1 and 3-18-15.2.
This court has held that the legislature can
“delegate quasi-legislative power or functions to executive or administrative officers or agencies, provided it adopts understandable standards to guide its delegate in the exercise of such powers.” Boe v. Foss, 1956, 76 S.D. 295, 313, 77 N.W.2d 1, 11.
I feel sufficient standards to guide the investigation and hearing are provided by SDCL 3-18-1.1 in that before a determination in favor of the grievant can be made and an order issued “covering the points raised” a “violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies, rules or regulations” of the governing body must be found. Furthermore, I believe the determination here by the department that the “grievant * * * was hired * * * at a starting wage of $575.00 per month” and that “the written personnel policy * * * was either ignored or misinterpre-tated (sic)” was supported by substantial evidence. SDCL 1-26-36(5); Valley State Bank of Canton v. Farmers State Bank of Canton, 1973, 87 S.D. 614, 213 N.W.2d 459; McKinnon v. State Banking Comm., 1960, 78 S.D. 407, 103 N.W.2d 179.
I am authorized to state that Justice WINANS joins in this dissent.