South Dakota Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in South Dakota, with full citations and the original source on every page.
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Can a South Dakota school board member-elect also serve as Assistant Director of a cooperative educational service unit (the Black Hills Special Services Cooperative) where the school district is a member of the cooperative, contracts for services from the cooperative, and pays the cooperative for those services?
No. The positions are incompatible under both SDCL 13-43-1 (if the Member-Elect is a certified teacher she is 'drawing public money as a teacher' from a public-financed multi-district education progra…
If a sitting South Dakota county commissioner is appointed to a vacant seat in the State Legislature, can the person hold both offices at the same time until the county commissioner term ends?
No. The offices of state representative and county commissioner are incompatible. The Legislature has plenary constitutional authority over counties under S.D. Const. art. IX, § 1, including the power…
Can the same South Dakota county official serve as County Director of Equalization and as a school board member at the same time?
No. The County Director of Equalization is the official responsible for determining property valuations for tax purposes. A school board is a governing body that depends on property tax revenue to ope…
I am a sitting state legislator and I have been offered the job of director of my county's welfare department. Can I hold both positions at the same time, or does one of South Dakota's constitutional provisions prohibit it?
Yes, the positions are compatible. A county welfare director is an employee of the county (not a state officer), so Article III, Section 3 of the South Dakota Constitution (which restricts state legis…
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Attorney general opinions in South Dakota are written by the South Dakota Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.