Attorney general: South Dakota has little public misconduct

By Chet Brokaw, The Associted Press | Saturday, October 11, 2008

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PIERRE -- South Dakota has a low rate of misconduct among its state and local government officials, but they need to keep in mind laws dealing with conflicts of interest and other misdeeds, Attorney General Larry Long said Friday.

"I honestly think that the level of purposeful misconduct among public officials in South Dakota is relatively low," Long said in a speech at the South Dakota Municipal League's annual conference. "In my judgment, we do not see widespread criminal improprieties in public office in South Dakota."

However, the attorney general said his office occasionally has to prosecute local officials. "It's not fun work to do, but it's necessary."

Long said when he talks to his colleagues in other states, he hears stories about outrageous misconduct by public officials.

"I'm glad to say in my view South Dakota ranks high in terms of personal integrity of the people who hold office in this state, and I'm glad to report that," the attorney general told city officials from across the state.

Long talked to the group not only about laws dealing with conflict of interest, but also those dealing with bribery, extortion, blackmail, embezzlement and fraud.

The city officials asked a number of questions, many dealing with whether certain situations would be interpreted as violations of the law.

For example, Long was asked whether it would be legal for someone seeking a liquor license to promise to build something that benefits the community if the license is issued.

Long said a public promise to improve the community by boosting the economy would likely be all right, but it clearly would be bribery if the person seeking a license called a public official and promised to hire the official's son-in-law if the license is approved.

The attorney general said a number of state laws prohibit public officials from some financial transactions, such as having a direct or indirect interest in any contract involving that unit of government.

However, other laws create exceptions allowing local government officials to be involved in a government contract.

Long discussed a noted case in which courts determined a 1995 land swap in Aberdeen was invalid because it involved a trade of city land for land held by a corporation that was owned in part by the mayor and city attorney.

The state Supreme Court also said the mayor and city attorney committed fraud and deceit because they placed themselves in a position where their personal interests conflicted with their duty to the public. Long said the high court ruled that a mayor has a duty to act in the public's interest even if that hurts the mayor's personal interests.

The attorney general also urged public officials to pay attention to a state law that prevents public officials from discussing or voting on issues in which they have a conflict of interest.

In one case, the South Dakota Supreme Court struck down the Winner City Council's decision to deny a man a liquor license because one council member worked for another bar whose owner pressured her to vote against the license, Long said.