STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 13, 1973

Francis B. Nickerson
Associate Commissioner
Board of Regents
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 73-17

Salary information of institutions.

Dear Mr. Nickerson:

You have requested an opinion as follows:

We would like to request an official opinion of the Attorney General as to what conditions institutional salary lists are available for public inspection. Because of numerous requests we are getting for information from these lists, we would like to clarify what the law really is with reference to them.

SDCL 1-26-2 reads as follows:

Each agency shall make available for public inspection all rules, final orders, decisions, opinions, intra-agency memoranda, together with all other materials, written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions. An agency shall hold confidential materials derogatory to a person but such information shall be made available to the person to whom it relates.

SDCL 1-27-1 reads as follows:

In every case where the keeping of a record, or the preservation of a document or other instrument: is required of an officer or public servant under the laws of this state, such record, document, or other instrument shall be kept available and open to inspection by any person during the business hours of the office or place where the same is kept.

SDCL 1-27-3 reads as follows:

Section 1-27-1 shall not apply to such records as are specifically enjoined to be held secret by the laws requiring them to be so kept.

SDCL 13-49-14 reads as follows:

The board of regents is authorized to employ and dismiss all officers, instructors, and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications, and duties, fix the term of their employment, and rate and manner of their compensation, provide for a sabbatical leave on part pay, and provide for a retirement program; provided, that no person shall be employed or dismissed by reason of any sectarian or political opinions held.

SDCL 4-11-9 reads as follows:

The auditor-general shall make detailed reports of the result of any audits or investigations made by his department within sixty days after such examination has been completed. Such report shall be made to the Governor and filed also with the secretary of state and attorney general when the examination has been made of any state department, office or agency. Such report shall be made to the Governor, attorney general, and board of county commissioners and filed in the office of the clerk of courts in case of investigation or audit of any county office or fund. Such reports shall be made to the governing board of any other political subdivision and filed in the office of the clerk of courts of the county or counties in which such subdivision exists when the investigation or audit is of any other political subdivision of the state other than those above specified. In all cases of reports required excepting as to investigations and audits of state departments, agencies and offices, a copy of the report shall also be filed with the state's attorney of the county or counties in which the political subdivision exists.

SDCL 4-11-10 reads as follows:

The reports which shall be made under H-11-9, shall among other things contain a summary or survey of the financial conditions of such subdivision, department, commission, agency or institution, showing the amount of appropriation and all other receipts, the disbursement thereof and the number of persons employed and the amount of salary paid to such employees and such other general information, in condensed form, as will give information as to such department, commission, agency or institution. The report so required to be made shall include all of the departments, commissions, agencies and institutions of the state department or subdivision and be confined to statement form together with a concise report of information deemed necessary in order to disclose the full financial condition of such department, commission, agency or institution, together with its cost of operation.

I am unable to find any specific statute that provides that the salaries of institutional personnel are required or should be kept secret, and unless there is such a specific statute the other statutes would require that the information as to institutional salaries must be available to the public. It is my opinion that the Board of Regents could make reasonable rules regarding the time Or manner of inspection of such salary lists and the distribution and making such a list available.

Respectfully submitted,

Kermit A. Sande
Attorney General