For the purpose of this chapter, the phrase "conduct unbecoming of a 911 telecommunicator," means the following:

1. (1) Conduct contrary to professional standards that shows an unfitness to discharge duties, including an act of moral turpitude;
2. (2) Conduct which adversely affects morale or efficiency of the agency or damages public confidence;
3. (3) Failure to cooperate with the executive secretary or the commission regarding any investigation into the conduct of a 911 telecommunicator, unless the investigation subjects the telecommunicator to potential criminal liability;
4. (4) Failure to disclose to the executive secretary any arrest of the 911 telecommunicator within ten days of the arrest; disclosure to the executive secretary may be accomplished by the telecommunicator's agency administrator;
5. (5) Use or possession of marijuana or any marijuana derivative regardless of whether such use or possession may be legal under state law or pursuant to a valid prescription; or
6. (6) Use or possession of any controlled substance not obtained pursuant to a valid prescription.

Source: 25 SDR 124, effective April 8, 1999 ; 47 SDR 130, effective June 6, 2021 .

General Authority: SDCL 34-45-26 , 34-45-29 .

Law Implemented: SDCL 34-45-2 6 , 34-45-29 .

Prior versions effective: 1999-04-08.