South Dakota Codified Laws 5-18A-17.2. Authorization of officer or employee to be a party to or derive direct benefit from contract
A governing body may authorize an officer or employee whose responsibilities include approving, awarding, or administering a contract on behalf of a state agency or supervising any employee who has these responsibilities to be a party to or derive a direct benefit from a contract if:
(1) The officer or employee has provided full written disclosure to the governing body;
Terms Used In South Dakota Codified Laws 5-18A-17.2
- Contract: A legal written agreement that becomes binding when signed.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The governing body has reviewed the essential terms of the transaction or contract and the state officer’s or employee’s role in the contract or transaction; and
(3) The transaction and the terms of the contract are fair, reasonable, and not contrary to the public interest.
The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee.
Source: SL 2015, ch 30, § 4.