Can a Special District Board Overturn a Public Election?

In South Dakota, small government entities like road districts, irrigation districts, and sanitary districts are often governed by a three-member Board of Trustees. These positions are filled by the democratic process: residents and landowners vote to elect their representatives.

A growing concern across the state involves a misunderstanding of power: Can two board members vote to “fire” or “remove” the third member?

The Myth of “Bylaw” Supremacy

Some boards attempt to use internal “bylaws” to grant themselves the power to remove a fellow trustee. However, in South Dakota, State Statute (SDCL) always supersedes local bylaws. A board cannot grant itself powers that the State Legislature has not authorized.

The Law on Vacancies and Removal

Under SDCL 3-4-1, a vacancy in a local elective office only occurs under very specific circumstances, such as:

• Resignation of the officer.
• The officer no longer living in the district.
• A judgment by a court of law.
• Death of the officer.

Nowhere in SDCL 3-4 or SDCL 31-12A (governing road districts) does it state that a majority of a board can vote to remove a duly elected peer because of a disagreement.

The Illegal Use of “Executive Session”

When these unauthorized removals happen, they are often conducted in “Executive Session” (closed meetings). According to SDCL 1-25-2, boards may only enter executive session for very narrow reasons, such as discussing “personnel” matters.

However, the South Dakota Open Meetings Commission (OMC) has clarified that an elected official is NOT an employee. Therefore, “personnel” exceptions do not apply to the removal or discipline of an elected trustee. Any vote taken in secret to remove a representative of the people is a violation of the public trust and the law.

The “Closed Loop” of Accountability

When a board illegally removes a member, it effectively nullifies the will of the voters. If a county-level State’s Attorney refuses to intervene—claiming that such actions are “accepted procedure” or a “civil matter”—they are allowing a local board to operate outside the Constitution of South Dakota.

Conclusion

If you are a resident of a special district in South Dakota, you have a right to the representative you elected. If a board uses “bylaws” to silence or remove a trustee, they aren’t just breaking the rules of a club; they are violating state law.