May 19, 1987

Mr. Jane Kolbe
South Dakota State Librarian
Governor's Drive
Pierre, SD 57501

OFFICIAL OPINION 87-18

State Library Board Quorum

Dear Librarian Kolbe:  

You have requested my official opinion concerning what constitutes a quorum at the State Library Board meetings and what number of votes is necessary in order for the Board to take action.  

SDCL 14-1-55 provides that the State Library Board will consist of seven members.  SDCL 14-1-57, which was repealed in 1981, provided that a majority of the Board members constituted a quorum at a meeting.  In the absence of that statute, it is necessary to look elsewhere to answer your question. 

SDCL 2-14-15 provides:

Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it is otherwise expressed in the act giving the authority.  

Based upon the plain words of the foregoing statute, since SDCL ch. 14-1 gives "joint authority" to three or more persons, the statute must be construed as giving the authority to the majority of them. Accordingly, in answer to your question, a quorum of the State Library Board consists of four duly appointed and acting members.  In addition, there must be at least four affirmative votes in order for the Board to take any official action.  Any other construction placed upon the statute would result in giving the authority to less than a majority of the members in violation of the statute set out above. 

In the absence of any specific statutory language to the contrary the same result should apply to any board or commission established under the code. 

Sincerely, 

Roger A. Tellinghuisen 
ATTORNEY GENERAL