STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 10, 1973

Donald P. Barnhart
State Superintendent of Public Instruction
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 73-29

Specific authority for purchases to be made by a business manager.

Dear Dr. Barnhart:

You have submitted the following information:

Chapter 86, Session Laws 1973 (Senate Bill 91) amended SDCL 13-8-11 effective July 1, 1973, relating to the authority of the school business manager to make purchases for the school district and reads in part as follows:

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.

Prior to this amendment, SDCL 13-8-11 read in part as follows:

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 which will amount to more than one thousand five hundred dollars must first be specifically authorized by the board.

It would appear that under the old wording of the statute the business manager had blanket statutory authority to purchase equipment and supplies up to $1,500 and only required specific authority from the school board to purchase supplies and equipment for purchases of $1,500 or more. It would appear that under the statute as now amended the business manager will require specific authority for all purchases regardless of dollar amount.

Based on this information you have requested an official opinion on the following question:

Must the school district board give specific authority to the business manager to purchase each item of equipment or supplies or may the school district board give the business manager specific authority to purchase equipment and supplies up to a specified dollar amount without additional approval of the board?

It is my opinion that the legislative intent of the amendment to SDCL 13-8-11 relating to purchases was to give the board more discretion and control over purchases, It is my opinion that the board may, if it so desires, set various dollar amounts on different categories of equipment and supplies that a business manager may purchase without additional approval of the board, or it may require specific approval for each item.

Respectfully submitted,

Kermit A. Sande
Attorney General