South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:07 - Disciplinary actions › Section 55:10:07:04 - Causes for disciplinary action

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.