March 20, 1975
Senator Rodney Hall
Capitol Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-52
Compatibility of officers
Dear Senator Hall:
You have asked for an opinion from this office about the "compatibility" of one person serving as:
1. A teacher/administrator and
2. as a local school board member, and also
3. as a member of the state Board of Vocational Education.
In Official Opinion No. 75-41 the standards used to judge compatibility of different offices were discussed in some detail. When those standards are applied to these facts, it is clear that there is a conflict.
SDCL 13-7-3 provides:
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 office shall be eligible for that school office.
SDCL 13-39-19 provides that the Board of Vocational Education has the power and authority to distribute funds appropriated by the state or federal government, to public secondary schools on the basis of the state plan for vocational education approved by the Board of Vocational Education. To the degree that a member of the state Board of Vocational Education has power over the local school boards such as by control of funds and approval of state plans it seems to me that the positions of local school board member and member of the state Board of Vocational Education are incompatible and inconsistent.
With respect to the question of compatibility of the positions of local school board member and teacher/administrator of a local school, it seems obvious that a teacher/administrator is subservient to the local school board and is subject in some degee to the school board's revisory powers. (See Official Opinions 75-41 and 73-44.) Such subservient and inconsistent roles are not compatible and should not be held by the same persons.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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