3-17-5. Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor.
Any person removed under the provisions of §§3-17-3 and 3-17-4 shall be ineligible to hold any public appointive or elective office or position of the state or any political subdivision thereof, during the unexpired part of the term of office to which such person was elected or appointed, and from which he has been removed.
It is a Class 2 misdemeanor for any officer or board to allow or pay any person so removed, any salary for any public appointive or elective office or position during the period for which he shall be disqualified to hold such office or position, and any person or board who shall allow or pay any such salary contrary to the provisions of this section shall be liable to the state or political subdivision as the case may be, for the salary so paid or allowed.
Source: SL 1917, ch 281, §2; RC 1919, §7011; SL 1923, ch. 248; SDC 1939, §48.0203; SL 1980, ch 24, §47.
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.