A CSA employee may be disciplined for cause at any time, and may include suspension without pay, dismissal, demotion or reduction in salary.
Before being disciplined, the employee will be notified in writing of the specific reasons for the proposed actions; will be provided an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and will be advised when the employee must respond. The reasons may be presented either in person or in writing. Prior to imposition of any intended disciplinary action, the employee may be suspended with pay until the meeting, receipt of written response or waiver by the employee of the right to respond.
The employee will receive written notice of the decision within five working days of the hearing or the employee's written response, whichever occurs later. The notice will also advise the employee of the institutional grievance procedure.
If an employee's work is unsatisfactory, the employee will be notified in writing that disciplinary action may be taken unless the employee's performance improves. The employee may be placed on a work improvement plan which will last a minimum of thirty calendar days. The work improvement plan will outline the duration of the work improvement period, the areas where the employee's performance is unsatisfactory, and the level of performance that is expected. Work improvement periods shall be a minimum of 30 days and may not exceed 6 months. If the employee's performance does not reach an acceptable level after completion of the work improvement period, or if at any later date performance falls below standard, disciplinary action may be taken. Disciplinary action may include suspension without pay, reduction in salary, demotion or termination.
An employee who is serving a work improvement period may be disciplined during the work improvement period for violations listed under Causes for Disciplinary Action. 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. ARSD 55:01:12:03.01
Disciplinary action under this section may be taken for conduct within or outside the scope of employment. In addition to unsatisfactory work performance, just cause for disciplinary action also includes, but is not limited to the following:
1) The employee has admitted to committing, committed, 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 the course of employment;
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 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 the Career Service Act 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 ARSD 55:01:11:03;
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 has made a false or misleading statement or intentionally 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 has violated statutes or standard work rules established for the safe, efficient, or effective operation of the agency;
18) The employee has sexually harassed another person in the course of employment;
19) 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;
20) The employee has failed to obtain, renew, or maintain a license or certification necessary to perform the duties of the employee's position;
21) The employee failed or refused to take a drug test administered pursuant to SDCL 23-3-64 to 23-3-69, inclusive, or 49 C.F.R. Part 382 (December 1, 1995);
22) The employee has failed to complete the counseling program outlined in ARSD 55:01:15.01:05;
23) The employee has discriminated against another person in the course of employment or has taken wrongful actions against another person which affect the vicarious or imputed responsibility of the state or any other state employee;
24) The employee has been found unacceptable as a result of an employment screening conducted by the appointing authority, the Bureau of Personnel, or an authorized representative; or
25) 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.
This list includes examples of the types of conduct that may call for disciplinary action. Other just causes are provided in ARSD 55:01:12:05. If you have specific questions regarding other causes for discipline, contact the Human Resources Office. ARSD 55:01:12:04