Special Feature: Elected Officials Segment
What Is a Conflict… What Do I Do If It Applies to Me? City officials are required to abide by specific laws regarding behavior and business decisions to prevent situations involving a conflict of interest. There are several types of “conflict:” holding concurrent offices with conflicting interests, involvement in a government contract and personal or pecuniary interest in a vote. If identified and handled correctly a “conflict” is not an issue. Each official shall decide if any conflict of interest requires such official to be disqualified from participating in a discussion or voting. So, if a conflict exists, how can an individual be impartial enough to make this judgment call? When you begin to have a personal vested interest in a particular issue, it may be time to voluntarily excuse yourself from the issue. It is part of your responsibility as an elected official to recognize when this exists and remedy it. The law goes on to occasionally FORCE you to remove yourself. NO SUCH official may participate in discussing
58
or vote on an issue if the following circumstances apply (SDCL 6-1-17): ● The official has a direct pecuniary interest in the matter before the governing body or (this applies to any financial interest in the decision…such as family member employees, a new street in front of your business, etc.) ● At least 2/3 of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter. Next is the contract issue: It is unlawful for any public officer or his agent to be interested in any contract entered into by the municipality. There are, however, some exceptions to this rule (SDCL 6-1-2): ● Any contract involving five thousand dollars or less regardless of whether other sources of supply or services are available within the county, municipality, township, or school district,
SOUTH DAKOTA MUNICIPALITIES
