May 24, 1985

Mr. Robert A. Sambroak, Jr. 
Kadoka City Attorney 
Post Office Box 400 
Kadoka, South Dakota 57543

OFFICIAL OPINION NO. 85-23

Compatibility of the offices of mayor and school board member

Dear Mr. Sambroak:

You have requested an official opinion based on the following factual situation:

FACTS: 

In the City of Kadoka's local election, Mr. 'X' ran for the office of Mayor. Mr. 'X' also ran for the position of school board member of the Kadoka School District.  Mr. 'X' was successful in both attempts.

Based on the above facts you have asked the following question:

QUESTION: 

May an individual elected to both the school board and a municipal office hold both positions at the same time?

In my opinion, the answer to your question is NO.

SDCL 13-7-3 provides: 

13-7-3.  No elective county, municipal or state officer or the holder of any other office, the duties of which are incompatible or inconsistent with the duties of a school board member, shall be eligible for such membership. (Emphasis added).

This statute precludes the simultaneous holding of the office of mayor of a municipality and membership on the school board of the independent school district encompassing that municipality.

The application of SDCL 13-7-3 to the office of mayor has never been  presented to this office.  However, the principle involved in such statute has frequently been considered by the Office, and may be summed up by my predecessor in 1963-64, AGR 60, when he said, 'The above-cited statute is specific in that no elective county, municipal, or state officer shall be eligible for a position on the independent school board . . .'

Consistent with this opinion are prior opinions of this Office in Attorney General Opinion No. 69-3; 1963-64 AGR 105; 1963-64 AGR 60; 1961-62 AGR 61; 1959-60 AGR 45; 1959-60 AGR 239; 1957-58 AGR 199; and 1955-56 AGR 323, to which I adhere.

Respectfully submitted,

Mark V. Meierhenry
Attorney General