3-17-23. Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.
If any county commissioner is arrested for or charged with any offense against the laws of this state or the United States of America, and the board of county commissioners is informed that criminal proceedings are pending before any court or officer, the remaining board of county commissioners may in the case of a Class 1 misdemeanor charge that is relevant to the responsibilities and duties of the office and shall in the case of a felony charge suspend that county commissioner from office until such charge is prosecuted. The county commissioner who is suspended pursuant to this section is relieved from all responsibilities provided by law which are pertinent to that office. If it is determined during the criminal proceeding that the county commissioner suspended is not guilty of the offense charged, this fact shall be certified to the board of county commissioners. If the term for which the county commissioner was elected or appointed has not expired, the suspended county commissioner shall be restored to that office by the remaining board of county commissioners.
Source: SL 2007, ch 22, ยง4.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 17 - Removal From Office
Section 3-17-1 - Removal of constitutional state officers by Governor--Grounds--Notice and hearing.
Section 3-17-2 - Removal of appointive state officers by Governor without cause.
Section 3-17-3 - Removal of local law enforcement officers by Governor--Grounds.
Section 3-17-4 - Notice and hearing on removal of law enforcement officer.
Section 3-17-6 - Grounds for removal of local officers from office.
Section 3-17-7 - Proceedings for removal of local officer--Pleadings and process.
Section 3-17-8 - Suspension of local officer pending removal proceedings.
Section 3-17-10 - Officer allowed expenses of defense after judgment for him in removal proceedings.
Section 3-17-12 - Suspension of state's attorney or sheriff pending prosecution.
Section 3-17-13 - Effect of suspension.
Section 3-17-14 - Appointment of acting state's attorney or sheriff.
Section 3-17-15 - Compensation of acting state's attorney or sheriff.
Section 3-17-16 - Powers and duties of acting state's attorney or sheriff.
Section 3-17-17 - Restoration of state's attorney or sheriff to office.
Section 3-17-18 - Time for trial of state's attorney or sheriff.
Section 3-17-19 - Removal provisions unaffected.
Section 3-17-21 - Leave of absence status of suspended person.
Section 3-17-22 - Compensation and duties of temporary appointee.
Section 3-17-24 - Removal from office provisions unaffected.