STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

February 13, 1969

Richard A. Trankle
Acting Deputy Director
State Office of Civil Defense
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 69-12

Proposed change of word "appointed" to word "hire" in SDC 1960 Supp. 41.01C07(1) re1ating to local Civil Defense Director

Dear Mr. Trankle:

You have requested an opinion based upon the following factual situation:

"SDC 1960 Supp. 41.01C07(l) reads in part:

'Local organizations for civil defense. (1) Each political subdivision of this state is hereby authorized and directed to establish a local organization for civil defense in accordance with the state civil defense plan and program. Each local organization for civil defense shall have a director who shall be appointed by the executive officer or governing body of the political subdivision . . .'

"It has been suggested that your office sponsor legislation to change the word 'appointed' with the word 'hired.'''

Based upon this situation your specific questions are:

"1. Would the proposed amendment distort the main objective of the law?

"2. Should your agency sponsor an amendment of this type?"

It does not appear that the courts of South Dakota have had occasion to interpret these terms. However, where such comparison has been made in other jurisdictions the terms "hire" and "appoint" have been held to be equivalent; see Morris v. Parks, 28 P 2d 215, 145 Or. 481 Board of Commissioners of Colfax County v. Department of Public Health, 100 P 2d 222, 44 N.M. 189; Burnap v. United States, 25 U.S. 512, 40 S. Ct. 374, 64 L ed 692, Gracey v. City of St. Louis, 213 Mo 384, 111 S.W. 1159, United States v. Butler, 49 F 2d 52.

Therefore, your first question would be answered in the NEGATIVE.

The answer to your second question follows therefrom in that while such change would not distort the objective of the statute, neither would such change serve any purpose. Therefore, while such determination is a matter of policy for your agency to make, sponsorship of such a change would not appear to yield any benefit to your agency nor to anyone under this statute.

Respectfully submitted,

Gordon Mydland
Attorney General