STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

May 9, 1973

Don Barnhart
State Superintendent of Public Instruction
Pierre South Dakota 57501

OFFICIAL OPINION NO. 73-13

Employment of business managers for school districts.

Dear Dr. Barnhart:

You set forth the following information:

SDCL 13-8 was extensively amended by Chapter 86 Session Laws 1973 (Senate Bill 91) and SDCL 13-8-10 was amended by Chapter 86 Session Laws 1973, effective July 1, 1973 to read in part as follows:

The board shall also employ a business manager not a member of the board. No individual related to a member of the school board or the administrators of the school by blood or marriage within the second degree, as computed by civil law, shall be employed in any school district as the business manager. (Emphasis supplied)

Also, SDCL 13-8-11 was amended by Chapter 86 Session Laws 1973. effective July 1, 1973 to read in part as follows:

A school district board may appoint a business manager who shall perform the duties of the clerk and the treasurer of the district as provided by law. (Emphasis supplied)

Based on the above information you requested an opinion on the following questions:

1. Is it mandatory that a school board employ a business manager after July 1, 1973?

2. Is a business manager the only person restricted by relationship to the board or administration under the provisions of SDCL 13-8-10?

SDCL 13-8-10 as amended by Chapter 86, Session Laws 1973 (Senate Bill 91) effective July 1, 1973, will read as follows:

Regular meetings shall be on the second Monday of each month unless otherwise designated by the board at the annual meeting. At the first regular monthly meeting in the school year each school board shall organize by the election of a president and a vice-president from its membership which officers shall serve for a term of one year. The board shall designate the legal depository, the purchasing agent and the custodian of all accounts as provided in §13-16-15, and the legal newspaper to be used for publishing of all official notices. The board shall also employ a business manager not a member of the board. No individual related to a member of the school board or the administrators of the school by blood or marriage within the second degree, as computed by the civil law, shall be employed in any school district as the business manager.

Special meetings may be held upon call of the president or in his absence by the vice-president, or a majority of the board members. Notice of such meeting shall be given by the business manager to the board members either orally or in writing in sufficient time to permit their presence.

SDCL 13-8-11 as amended by Chapter 86, Session Laws 1973 (Senate Bill 91) effective July 1, 1973, will read as follows:

A school district board may appoint a business manager who shall perform the duties of the clerk and the treasurer of the district as provided by law. Such business manager shall be bonded in the same manner as school district treasurers. Such business manager need not be a resident of the school district and can be some person otherwise employed by the school district. The business manager so appointed shall be authorized to make all purchases in the name of the school district within the budget as approved by the school board provided that any such purchase must first be specifically authorized by the board and shall be in compliance with chapters 5-18 and 13-20. The business manager shall not issue any warrant for the payment of a bill against the school district which is not verified, itemized bill that has been approved for payment by the school board at a regular or special meeting of the school board .

In construing a statute a cardinal rule to follow is to give expression to the intention of the Legislature in adopting it so that intent may only be gleaned from the language' used in its ordinary connotation and if it clearly and unmistakably expresses the objectives and purposes sought to be accomplished, then no other interpretation than that which is thus expressed in justifiable. It is only when the language inadequately expresses the objectives where the language is so ambiguous as to warrant two or more inconsistent interpretations or an absurd result will follow that a construction inconsistent with the precise language is justifiable.

In this case extensive amendments, where made, to SDCL 13-8 by Chapter 86, Session Laws 1973, and throughout these amendments, it appears clear that the Legislature intended to require school districts to employ business managers. It is my opinion that the answer to your specific question No.1 is, YES.

It is my opinion that the answer to your Question No. 2 is, YES.

Respectfully submitted,

Kermit A. Sande
Attorney General