6-1-17. Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy.
No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply:
(1)The official has a direct pecuniary interest in the matter before the governing body; or
(2)At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter.
If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote.
Source: SL 2005, ch 40, ยง1.
Structure South Dakota Codified Laws
Title 6 - Local Government Generally
Chapter 01 - Acts and Records of Local Officers
Section 6-1-1 - Local officer's interest in public purchase or contract unlawful--Contract void.
Section 6-1-3 - Deposit of funds permitted despite bank connection of public officer.
Section 6-1-9 - Officers to provide necessary blanks and records for office.
Section 6-1-10 - Publication of payroll information.
Section 6-1-11 - Form of certain public records--Duplicate--Computerization.
Section 6-1-12 - "Local government" defined.
Section 6-1-13 - Rent control of private residential property prohibited.
Section 6-1-14 - Limitation on delegation, transfer, or assignment of taxing authority.
Section 6-1-15 - Health and dental insurance.
Section 6-1-16 - Insurance for retiring employees.
Section 6-1-18 - Officer may consider relevant information from any source--Reliance on experience.
Section 6-1-21 - Grounds for disqualification of officer in quasi-judicial proceeding.