55:10:07:01.  Forms of disciplinary action. Disciplinary action may be taken for just cause as outlined in § 55:10:07:04 or for unsatisfactory job performance as outlined in § 55:10:07:02 and may include the following:

 

          (1)  Suspension without pay;

          (2)  Dismissal;

          (3)  Demotion; or

          (4)  Reduction in salary.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          55:10:07:02.  Work improvement plan. If, in the performance of the duties of the employee's position, an employee's work is unsatisfactory, the appointing authority shall issue to a status employee a written notice that disciplinary action will be taken unless performance improves. The notice shall outline the duration of the work improvement period, the areas where performance is unsatisfactory, and the level of performance that is expected. A work improvement period shall be at least 30 days and may not exceed six months. If performance has not reached acceptable levels after completion of the work improvement period or if at any later date performance falls below standard, the appointing authority may take disciplinary action. An employee who is serving a work improvement period may be disciplined during the work improvement period for violations of § 55:10:07:04. A placement on a work improvement plan or notice of unsatisfactory work performance is not appealable. However, any action taken as a result of unsatisfactory completion of the work improvement period may be appealed to the commission. This section does not apply to action taken pursuant to § 55:10:09:02.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14

          Law Implemented: SDCL 3-6D-14

 

          55:10:07:03.  Notice of intended disciplinary action. The appointing authority may discipline a status employee for cause at any time. Before a status employee is disciplined the appointing authority shall give the employee verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken. The appointing authority shall provide the employee with a verbal or written statement of specific reasons for the proposed action and shall advise the employee when the employee must respond.

 

          Prior to imposition of any intended disciplinary action, the employee may be suspended with or without pay until the meeting, receipt of written response or waiver by the employee of the right to respond. The disciplinary action may be taken only after the meeting or receipt of a written response or after waiver of the right to respond.

 

          The appointing authority shall give the employee written notice of the decision, with a copy to the Bureau of Human Resources, within five working days after the date of the meeting or the date of the employee's written response, whichever occurs later. The notice shall advise the employee of the departmental grievance procedure.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.

 

          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, if the act committed 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 3-6D 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 3-6F 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.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014.

          General Authority: SDCL 3-6D-14.

          Law Implemented: SDCL 3-6D-14.