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WENDELL v. SOUTH DAKOTA DEPT. OF TRANSP.

No. 20550.

587 N.W.2d 595 (1998)

1998 SD 130

In the Matter of the Grievance of Gregory WENDELL, Appellee, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of South Dakota.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Jamie L. Damon Pierre, South Dakota Attorney for appellee.

Mark Barnett, Attorney General, William J. Nevin, Assistant Attorney General, Pierre, South Dakota, for appellant.

KONENKAMP, Justice.

[¶ 1.] Can a Department of Transportation employee be dismissed for a conviction on a misdemeanor unrelated to the job? Based on the language of the applicable regulation, we conclude the employee was wrongly discharged. We affirm the circuit court's judgment of reinstatement.

Facts

[¶ 2.] The South Dakota Department of Transportation (DOT) hired Gregory Wendell as a Senior Right-of-Way Specialist in July 1995. His work...

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