STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

November 8, 1973

Mr. Wallace R. Brantseg
States Attorney, Roberts County
Sisseton, South Dakota 57262

OFFICIAL OPINION NO. 73-38

Compatibility of mayor and volunteer firemen.

Dear Mr. Brantseg:

You have asked for an official opinion on the following question:

May the mayor of a South Dakota city also be a member of a volunteer fire department within that city?

The general rule is that the same person may not hold two offices which are incompatible. Two offices are incompatible where the performance of the duties of one office may interfere with the performance of the duties of the other when they are held by the same person. Offices are also incompatible where there is a conflict of interest arising because one officer is subordinate to, or subject in some degree to, the supervisory power of the other. For additional criteria, please see 1971-72 AGR 202. In this particular instance, municipal officers, including the mayor, would have no control over a volunteer fire department. The municipality's power is limited to levying a tax to support the volunteer fire department, which would remain an independent organization. Please see SDCL 9-33-13. Consequently, there would be no incompatibility between the two offices, and the answer to your question is, YES.

Respectfully submitted,

Kermit A. Sande
Attorney General