Q&A – You got elected! Are you safe?

Question– If somebody were elected over an incumbent, because the members of the district recognized the legal issues surrounding the current board, and the other two remaining trustees want to get rid of the new person. How can they do it?

Answer–

In South Dakota, two remaining road district trustees cannot simply vote to remove a duly elected third trustee because they disagree with them or want them gone. The removal of an elected official from office is a formal legal process governed by state law and typically requires significant cause and a formal legal proceeding. 

The honest person in this situation should be aware of the limited ways the other trustees might attempt removal, the legal requirements they must meet, and the protections available to an elected official. 

How the Other Trustees Might Attempt Removal

The other two trustees, acting as a majority quorum of the board, have limited power to remove an elected colleague themselves. They must follow strict legal processes, most of which involve external bodies or the voters themselves. Their primary methods would likely fall under these categories: 

• Removal “For Cause”: This is the most common legal mechanism. They would need to prove specific, serious misconduct.
• A Formal Recall Election: This requires gathering signatures from the voters in the district.
• Formal Proceedings via State Authorities: They could file a complaint with the State’s Attorney or the Attorney General. 

The Specific Grounds for Removal in South Dakota

South Dakota law outlines specific grounds for the removal of officers not subject to impeachment (which includes local road district trustees). These typically include: 

• Misconduct or Malfeasance in office: Performing an act that is illegal or wrongful in an official capacity.
• Nonfeasance: The failure to act when required by one’s official duty.
• Crimes in office: Being convicted of an infamous crime or an offense involving a violation of the official oath.
• Drunkenness or Gross Incompetency: A persistent inability to perform the duties of the office.
• A Conflict of Interest Violation: For instance, a township officer becoming interested in a contract made by the township is considered malfeasance. 

The key takeaway is that personal disagreements or a desire to maintain the status quo of “unlawful actions” are not legal grounds for removal. The two trustees cannot simply vote to remove the new member because they are bringing legal issues to light. 

The Honest Person’s Navigation Strategy

For the newly elected trustee, navigating this situation requires adherence to the law, documentation, and a focus on transparency. 

1. Stay within the Bounds of the Law

• Follow Procedure Meticulously: Do not give the other trustees legitimate grounds to file a complaint against you. Be a model of lawful behavior. Attend all meetings, be prepared, and follow all procedural rules (e.g., Robert’s Rules of Order or board bylaws).
• Ensure Proper Qualification: Make sure your oath of office was properly taken and filed within the required timeframe. A failure to qualify is one of the few procedural reasons an office is automatically declared vacant.
• Avoid Personal Attacks: Keep all discussions professional and focused on policy and legal compliance. Do not engage in name-calling, gossip, or personal feuds. 

2. Document Everything as Evidence of Their Unlawful Behavior (and Your Compliance) 

• Keep Records of Non-Compliance: Continue to document every instance where the other two members propose or vote for an unlawful action (e.g., “Motion to approve contract without competitive bidding, I voted ‘No’ and recorded my dissent in the minutes”).
• Create a Paper Trail: If they try to corner you informally, send a follow-up email summarizing the conversation and your position of non-compliance. This prevents them from misrepresenting private conversations. 

3. Use External Accountability Mechanisms

The two trustees may attempt to leverage their majority to suppress the new member. The new member’s power lies in the law and public accountability. 

• Formally Register Dissent: During any meeting where an unlawful action is approved, formally request that your “No” vote and your brief reason for dissent (e.g., “because this action violates SDCL [relevant statute]”) be recorded in the official minutes. This protects you from future liability.
• Utilize Your Personal Attorney: Lean heavily on your personal, independent legal counsel for advice on when to engage external oversight bodies (State’s Attorney, Attorney General). 

4. Rally Public Support

The new trustee was elected because the community recognized “legal issues.” This public support is the best defense. 

• Transparency is Your Shield: Share factual, documented information with the public (e.g., via a simple website or social media page) about the board’s actions, focusing purely on compliance and the law.
• Encourage Community Attendance: Encourage concerned citizens to attend board meetings. The presence of the public often forces boards to operate more transparently. 

In summary, the two trustees cannot easily remove an elected official in South Dakota without a formal, legal cause that is proven to an external authority or the voters themselves. The new trustee’s best defense is to be the embodiment of lawful governance and use the formal processes of accountability to expose the majority’s actions.

This post was published to help a newly elected ‘honest’ trustee not get ambushed by crooks. And just a heads up, if you do get ambushed by the remaining crooks and their compatriots, don’t expect the state’s attorney to do anything.

At all.

Ever.