S.D. Admin. R. 55:10:07:04

Current through Register Vol. 51, page 64, December 9, 2024

Section 55:10:07:04 - Causes for disciplinary action

Disciplinary action under this section may be taken for conduct within or outside the scope of employment. Disciplinary action may be taken for just cause as reported to the commissioner, including the just causes listed in this section:

(1) The employee admitted to committing, or has committed based on reasonable grounds, or was convicted of a felony, any sex offense, or any crime involving illegal drugs or illegal use of legal drugs, whether the felony, offense, or crime occurred prior to or during employment with the state;

(2) The employee has committed or contributed to any act of brutality, cruelty, or abuse to an inmate, prisoner, resident, or patient of an institution, to a person in custody, or to other persons, whether the conduct occurred prior to or during the course of employment, provided the act committee was not necessarily or lawfully done in self-defense, to protect the lives of others, or to prevent the escape of a person lawfully in custody;

(3) The employee has violated any of the provisions of SDCL chapter 3-6 D or this article;

(4) The employee has violated any department, division, bureau, or institution regulation, policy, or order or failed to obey any oral or written directions given by a supervisor or other person in authority;

(5) The employee has consumed alcohol or other intoxicants or unauthorized controlled substances while on duty or is impaired while on duty or while operating state equipment or has unlawfully manufactured, distributed, dispensed, possessed, or used a controlled substance in the workplace;

(6) The employee is guilty of insubordination;

(7) The employee disrupts the efficiency or morale of the department;

(8) The employee is careless or negligent with the money or other property of the state or property belonging to any person receiving services from the state or has stolen or attempted to steal money or property of the state or property belonging to any person receiving services from the state;

(9) The employee has used, threatened to use, or attempted to use personal influence or political influence in securing employment, promotion, leave of absence, transfer, change of pay rate, or change in character of work for the employee or others;

(10) The employee has induced or has attempted to induce an officer or employee of the state to commit an unlawful act or to act in violation of any department, division, bureau, or institution regulation or order;

(11) The employee, in the course of work or in connection with it, has taken from any person for personal use a fee, gift, or other valuable thing when the fee, gift, or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons;

(12) The employee has engaged in outside business or personal activities on government time or has used state property for those activities in violation of § 55:10:01:06;

(13) The employee has failed to maintain a satisfactory attendance record based on the established working hours or has had unreported or unauthorized absences;

(14) The employee made a false or misleading statement or omitted relevant information during the application and selection process;

(15) The employee has misused or abused leave;

(16) The employee has intentionally falsified a state record or document;

(17) The employee failed to maintain the minimum requirements for appointment as established by a law enforcement agency;

(18) The employee has harassed another person in the course of employment;

(19) The employee has violated statutes or standard work rules established for the safe, efficient, or effective operation of the agency;

(20) The employee discriminated against another person in the course of employment on the grounds contained in SDCL 20-13-10 or has taken wrongful actions against another person that affect the vicarious or imputed responsibility of the state or any other state employee;

(21) The employee has failed to notify the appointing authority within five days after a conviction of a violation of a criminal drug statute occurring in the workplace;

(22) The employee has failed to obtain, renew, or maintain a license or certification necessary to perform the duties of the employee's position;

(23) The employee failed or refused to take a drug test administered pursuant to SDCL chapter 3-6 F or 49 C.F.R. Part 382 (December 1, 1995);

(24) The employee has failed to complete the counseling program outlined in § 55:10:02:10;

(25) The employee has been found unacceptable as a result of an employment screening conducted by the appointing authority, the Bureau of Human Resources, or an authorized representative; or

(26) The employee has engaged in conduct, either prior to or during employment with the state that reflects unfavorably on the state, destroys confidence in the operation of state services, or adversely affects the public trust in the state.

S.D. Admin. R. 55:10:07:04

39 SDR 99, effective 12/3/2012.

General Authority: SDCL 3-6D-14.

Law Implemented: SDCL 3-6D-14.