STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 2, 1968

William H. Coacher
State's Attorney, Meade County
Sturgis, South Dakota 57785

OFFICIAL OPINION NO. 68-12

Office of town marshal or city policeman is incompatible with manager of city bar or bartender at a city bar

Dear Mr. Coacher:

You have requested my official opinion to answer the following question:

"Is the position of town marshal or city policeman compatible with employment as the manager or bartender of the municipally operated bar?"

It is my opinion that these two positions are incompatible. In an opinion reported in 1961-62 AGR 12 my predecessor ruled that the position of Justice of the Peace and manager of a city bar were incompatible positions. While the duties of a Justice of the Peace and town marshal or a city policeman may be different, a town marshal within the jurisdiction of the municipality has all power conferred by law upon a sheriff to suppress disorder and keep the peace. (SDC 45.112) Likewise, all policemen of any municipality are invested with the powers of constables. (SDC 45.1133) Such municipal officers are engaged in keeping the peace and seeing that the ordinances of such municipality are observed. As manager of the city bar or a bartender, such person may acquire personal knowledge of drinking violations of not only the state laws, but also the ordinances of the city. As a town marshal or police officer, such person has a duty to suppress such violations of statute and municipal ordinances.

Clearly, the same antagonism in positions as my predecessor found between a Justice of the Peace and manager of a city bar would exist if such town marshal or policeman would attempt to faithfully, impartially and efficiently perform the duties of such office. This being so, in the consideration of public policy, it would be improper for the same person to hold both offices.

Respectfully submitted,

Frank L. Farrar
Attorney General