May 2, 1975
Mr. Peter J. Buttaro
Brown County State's Attorney
Brown County Courthouse Bldg.
Aberdeen, South Dakota 57401
OFFICIAL OPINION NO. 75-80
County commissioner serving as supervisor of weed board
Dear Mr. Buttaro:
You have asked for an official opinion relative to the following factual situation:
Mr. X is a member of the County Commissioners. He also serves as part-time supervisor of the County Weed Board. He receives a salary as County Commissioner and receives a salary for the days worked as Weed Board supervisor.
Based on this situation you ask:
Is it permissible for a County Commissioner to serve as supervisor of the Weed Board and receive a salary for the days worked as such, while he is active as a member of the County Commissioners?
SDCL 38-22-24 and -27, provide that county commissioners are authorized to use county funds to employ weed supervisors, to fix salaries therefor and to pay their actual and necessary travel expenses and a per diem of not to exceed ten dollars, to be determined by the commissioners.
According to the standards of compatibility cited in Official Opinion #75-41, it is my opinion that the two positions are not compatible. SDCL 38-22-24 specifically provides that the salaries of the county weed board supervisors are to be fixed by the county commissioners. Accordingly, it is my opinion that the "supervisor" position is subservient to and inconsistent with the office of county commissioner. Public policy is not served by these conflicting roles being held by one individual.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:DOC:dh
