South Dakota Codified Laws 1-30-7. Exercise of powers by emergency successor to local office–Termination of powers
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In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.
Terms Used In South Dakota Codified Laws 1-30-7
- Emergency interim successor: means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercises of the powers and discharge the duties of the office. See South Dakota Codified Laws 1-30-2
- Office: includes all state and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the Legislature and the judiciary. See South Dakota Codified Laws 1-30-2
- Political subdivision: includes counties, municipalities, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law. See South Dakota Codified Laws 1-30-2
- Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See South Dakota Codified Laws 1-30-2
Source: SL 1961, ch 285, § 6.