South Dakota Codified Laws
Chapter 17 - Removal From Office
Section 3-17-3 - Removal of local law enforcement officers by Governor--Grounds.

3-17-3. Removal of local law enforcement officers by Governor--Grounds.
The Governor shall have power, after notice and hearing, to remove from office any state's attorney, sheriff, or police officer, or any deputy or assistant state's attorney, or deputy sheriff who shall willfully fail, neglect, or refuse to perform any of the duties imposed upon him by, or to enforce any of the provisions of law relating to intoxicating liquors, or who shall willfully fail, neglect, or refuse to perform any duties imposed upon them by law, or who shall be guilty of intoxication or drunkenness, or who shall be guilty of the violation of any law, or who shall assist or connive in the violation of any law, or who shall be grossly incompetent to perform the duties of his office.

Source: SL 1917, ch 281, §2; RC 1919, §7011; SL 1923, ch 248; SDC 1939, §48.0203.

Structure South Dakota Codified Laws

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 3-17-5 - Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor.

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 3-17-9 - Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.

Section 3-17-10 - Officer allowed expenses of defense after judgment for him in removal proceedings.

Section 3-17-11 - Advancement of appeals on Supreme Court calendar--Circuit court order not stayed pending appeal.

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 3-17-20 - Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office.

Section 3-17-21 - Leave of absence status of suspended person.

Section 3-17-22 - Compensation and duties of temporary appointee.

Section 3-17-23 - Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.

Section 3-17-24 - Removal from office provisions unaffected.