STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 28, 1966

M.D. Mitchell, State Veterinarian
Livestock Sanitary Board
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 67-68 pg. 10

Livestock Sanitary Board. Authority to fire inspectors at livestock auction agencies.

You have requested an opinion on the following question:

"Can an Auction Market Manager fire the Veterinary Inspector which is required to be present as provided for under SDC 40.2007?”

SDC 1960 Supp. 40.2007 provides in part as follows:

"Such examination and inspection shall be made by a veterinarian who has been recommended by the livestock auction agency  to be examined and inspected and employed by the State Livestock Sanitary Board, and with the approval of the veterinarian in charge of the Animal Disease Eradication Branch of the Agricultural Research Service, United States Department of Agriculture, and at any livestock auction agency which is engaged in the interstate shipment of livestock…

"If the livestock auction fails to recommend such a veterinarian within a reasonable time as above provided, the Board may in ten days notice to such agency appoint such a veterinarian…

“…the services and duties of such inspector shall be under the direction and supervision of the State Livestock Sanitary Board, and said inspector shall be discontinued at the agency when he fails to perform such services and duties as are required of him by the State Livestock Sanitary Board."

SDC 1939 40.2007 and Ch. 152 of the 1939 Session Laws, Ch. 173 of the 1945 Session Laws and Ch. 147 of the 1949 Session Laws provide for replacement of such inspector whenever the livestock auction agency is instructed to do so by the State Livestock Sanitary Board. Ch. 203 of the Session Laws of 1958 amended this chapter to read as it now appears in the above quoted section of SDC 1960 Supp. 40.2007.

The above statutory provisions are the only authority as to what procedure the legislature intended. Since such veterinary inspectors must be hired by the State Livestock Sanitary Board and their employment discontinued only upon failure to perform such service and duties as are required by the State Livestock Sanitary Board and further that the only specific power given the individual livestock auction agency by statute in this area is that of recommending the hiring of a particular veterinary inspector to the State Livestock Sanitary Board, such power of recommendation would be the only recourse available to such livestock auction agency for the removal of such an inspector. Therefore, it is my opinion that a livestock auction agency cannot discharge a veterinary inspector hired by the State Livestock Sanitary Board.