January 30, 1975
F.R. Wanek
Acting State Superintendent
Elementary and Secondary Education
Capitol Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-15
Salary restrictions not applicable to appointed State Superintendent of Public Instruction
Dear Mr. Wanek:
You have submitted the following factual situation:
Prior to January 7, 1975, the State Superintendent of Public Instruction was an elected constitutional officer. SDCL 13-1-7 as last amended by Chapter 16, Session Laws of 1972, set the annual salary of such officer at $16,000.
Subsequent to January 7, 1975, the State Superintendent of Public Instruction will be appointed by the State Board of Education as provided in SDCL 13-1-2.1. SDCL 4-1-10.2, as enacted by Chapter 218, Session Laws of 1969, repealed all statutory provisions that established salaries for appointed officials of the executive branch of state government.
You have requested an opinion on the following question:
Is the salary of the State Superintendent of Public Instruction appointed by the State Board of Education after January 7, 1975, subject to the salary limitation set forth in SDCL 13-1-7?
SDCL 13-1-7 reads as follows:
The annual salary of the state superintendent of public instruction shall be the sum of sixteen thousand dollars per year.
SDCL 13-1-2.1 reads as follows:
The board of education shall have the authority to appoint the superintendent of public instruction, who shall be responsible to the board.
SDCL 4-7-10.2 reads as follows:
All statutory provisions specifically establishing salaries or providing administrative procedures to establish salaries for appointed officials of all departments and agencies of the executive branch of state government are hereby repealed.
In answer to your specific question, it is my opinion that effective January 7, 1975, when the State Superintendent of Public Instruction became an appointive official instead of an elective official, the provision of SDCL 13-1-7 is no longer applicable and the answer to your specific question is NO.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:GOH:rw
