6-1-21. Grounds for disqualification of officer in quasi-judicial proceeding.
An elected or appointed municipal, county, or township officer may receive input from the public, directly or indirectly, about any matter of public interest. Such contact alone does not require the officer to recuse himself or herself from serving as a quasi-judicial officer in another capacity. An elected or appointed officer is presumed to be objective and capable of making decisions fairly on the basis of the officer's circumstances and may rely on the officer's own general experience and background. Only by a showing of clear and convincing evidence that the officer's authority, statements, or actions regarding an issue or a party involved demonstrates prejudice or unacceptable risk of bias may an officer be deemed disqualified in a quasi-judicial proceeding.
Source: SL 2015, ch 54, ยง4.
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.