Preface
Congratulations! You are an important part of ‘grassroots government’ in South Dakota.!
Township Government began in North America in 1636 and was authorized in South Dakota
in 1873 by the Legislative Assembly of the Territory of Dakota.
Minnehaha County was one of the first counties to organize the county into townships in 1879.
With the possible exception of Native American nations, township government is the longest,
continually functioning unit of government we have today. It is the basis for the democracy we enjoy
today.
Some say township government is a political party training ground for higher office. There is
some truth in that: 38 of the 56 signers of the Declaration of Independence personally experienced
the benefits of township government as they grew to become leaders of our new nation. Township
government was in the forefront of democracy then and remains there today.
In Dakota Territory, township voters annually chose three supervisors, a clerk, a treasurer, an
assessor, an overseer of the poor, and an overseer of highways for each road district. Things have
changed. Today voters in most townships in South Dakota elect 3 supervisors, a clerk, and a
treasurer.
This worksheet is designed to help you understand your responsibility as an elected township official.
Information for this workshop is based on SDCL 8, ‘the township chapter’ of South Dakota Codified
Law.
Board of Supervisors:
There are 3 supervisors, one of whom is elected each year at the
Township Annual Meeting held the first Tuesday in March. The senior member of the board of
supervisors is the chairman for the coming year. (SDCL 8-3-12)
Meetings: The township board of supervisors shall hold regular meetings on the last Tuesday of
February, the last Tuesday of March, and the last Tuesday of October of each year. (SDCL 8-5-1)
These are the meetings required by law. However, many boards of supervisors meet more often to properly do the township
business.
Guidelines for the Board of Supervisors
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Two Supervisors constitute a quorum, be mindful of the open meeting requirements
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The three supervisors are the voting members of the township board
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The board of supervisors is charged with the authority to disburse funds
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The board of supervisors acts as the board of equalization (SDCL 8-5-6)
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The board of supervisors hears appeals from aggrieved citizens
Business at board meetings--Special meetings--Filing of business with clerk. At each regular
meeting, the board shall perform the duties required of it by law and transact any other business that
may legally come before it. The board may adjourn from time to time. The township clerk or the
chairman of the board of township supervisors may call special sessions if the interests of the township
demand it upon giving three days' notice of such session by mailing a copy of such notice to each of the
supervisors at their several post office addresses or by giving such notice to each supervisor by
telephone. It shall be the duty of all persons having business to transact with the board to appear before
such board at any regular meeting, or file such business with the clerk to be laid before the board by him
at its next meeting. (SDCL 8-5-2)
SDCL 8 – 5 Outlines the general responsibilities of the Board of Supervisors
Defense of proceedings against township: Whenever any legal proceeding is commenced against the
township, it shall be the duty of the chairman of the board of supervisors to attend to the defense thereof
and to present to the voters, at the first township meeting, a full statement of such proceeding, for their
direction regarding the defense thereof. (SDCL 8–2-4)
The board of supervisors by resolution set the place for the annual meeting held the first Tuesday in
March each year. (SDCL 8-3-1)
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
The board of supervisors may obtain and pay for public liability insurance. (SDCL 8-2-7)
Although the law says “may”, the South Dakota Association of Towns and Townships strongly
recommends every township purchase liability insurance and errors and omissions insurance to
protect the township and the township board members.

Two supervisors meeting on a township road and discussion township business does not meet the
requirements of a township meeting. In fact, under the open meeting law, this could be
deemed illegal.

You need to post the agenda and notice of your meeting at the clerk’s office and the door of the
meeting place 24 hours prior to the meeting. Only items listed on the agenda can be acted upon
at the meeting. If additional items come up, they should be for discussion purposes only with
action taken at a future board meeting. Notice and agenda must readable and visible to include
time, date, location of meeting in an accessible location to include the clerk’s office and meeting
site.

All township board members must be residents of the township and registered to vote in the
township. The only persons able to vote and make motions at the Township Annual Meeting
are those who are resident registered voters of the township. Township residency is defined is
determined if the person resides within the township for at least 30 consecutive days and is
registered within that township.

If there is a vacancy in any of the positions of the township board, the board of supervisors fills
the vacancy by appointment until the next annual meeting or a special meeting of the township
can be called for an election.

There is no set fee in law for compensation of the township board members- meaning no
minimum or maximum. This is to be done at the Township Annual Meeting by the voters
of the township.
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CLERK
Minutes of township meetings--Orders, rules, and regulations and accounts-Preservation--Destruction. The township clerk shall record, in the book of records of his township,
minutes of the proceedings of every township meeting, and he shall enter therein every order or
direction and all rules and regulations of any such meeting, and shall also file and preserve all accounts
audited by the township board or allowed at a township meeting, and enter a statement thereof in such
book of records. However, the township clerk may destroy any record which the records destruction
board, acting pursuant to SDCL 1-27-19, declares to have no further administrative, legal, fiscal,
research, or historical value. (SDCL 8-6-3)
Notice the clerk is to file and preserve all accounts audited by the township board or allowed at a
township meeting. The clerk is not the treasurer.
According to state law, the clerk is to be bonded in an amount set by the county commissioners.
Bond required of clerk. Any person elected or appointed to the office of township clerk shall, before
the person enters the office and within the time prescribed by law for filing the oath of office, execute a
bond, conditioned upon the faithful discharge of the duties of the office, paid for by the township, and
with a surety company authorized to conduct business in this state or through a pool arrangement as
provided in SDCL 1-24-11 to 1-24-17, inclusive. The bond shall be for an amount set by and approved
by the board of county commissioners and filed in the office of the county auditor. (SDCL 8-6-1)

The clerk has the most work on the township board or so it seems. The clerk keeps minutes,
publishes notices of meetings, and files the fiscal report of the township with the county
auditor.

For most legal documents to be certified and signed- it is the signature of the clerk and Chairman
that are required unless specified differently.

The clerk is responsible for posting notices and agendas of all meetings. Clerk must keep a copy
of these notices for purposes of evidence that open meeting laws were adhered to.

The clerk calls the annual township meeting to order and administers the oath of office to
each elected official. Oaths of office are to be filed with the county auditor within 10 days of the
election.

The clerk is elected each year at the township annual meeting and serves for 1 year as a non
voting member of the township board. ??????????? Deputy clerk
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TREASURER
The treasurer’s duties are found in SDCL 8-7. The very first section talks about
the bond.
Bond required of treasurer. Any person elected or appointed to the office of township treasurer,
before the person enters the office, shall give to the county a bond, conditioned upon the faithful
discharge of the duties of the office, paid for by the township, and with a surety company authorized to
conduct business in this state or through a pool arrangement as provided in SDCL 1-24-11 to 1-24-17,
inclusive. The bond shall be for an amount set by and approved by the board of county commissioners
and filed in the office of the county auditor. The bond shall be set for an amount approximately equal to
the sum of money that the treasurer is expected to receive in any one fiscal year. (SDCL 8-7-1)
The township treasurer shall receive and take charge of all money belonging to the township.
Notice it is not the clerk; it is the treasurer’s responsibility to be in charge of the checking account.
(SDCL 8-7-2)
***Three signatures are required on the warrants/checks issued by the township.
Warrants for accounts allowed. The amount of any account audited and allowed by the board of
supervisors, and the amount of any account voted to be allowed at any township meeting shall be paid
by the treasurer on the warrant of such board signed by the chairman and countersigned by the clerk; and
all warrants issued to any person by the board for any sum due from the township shall be receivable in
payment of township taxes. (SDCL 8-10-17)qx
CONSTABLE
South Dakota still has law allowing for the position of constable.
Power of constable to arrest without process: Any constable in any organized civil township containing
any unincorporated town shall be a proper officer for arresting and detaining persons for disorderly
conduct within such town arising from drunkenness or otherwise, without process first issuing.
(SDCL 8-8-2)
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ADDITIONAL GUIDELINES FOR TOWNSHIP OFFICIALS…
All Contracts must be made at a township regular or special meeting. No one officer has the authority
to enter into an agreement or contract on their own.
Township officers should not have an interest in any contracts of the township. There are a few
exceptions, but this issue can become one of great conflict within the township.
Township boards in South Dakota are primarily responsible for roads and fire protections. The road
section of codified law is found in SDCL 31. Much of that chapter is found in the Township Officers
Manual.
All Township Officials should be informed on the laws governing townships. Most of the laws are
found in the Township Officers Manual published by the South Dakota Association of Towns and
Townships. Member townships are entitled to a maximum of 5 copies of the latest edition of the
manual.
In addition to the manual, the quarterly newsletter contains information pertinent to towns and
townships. Articles written by Jay Leibel, Attorney; and Tami Schwebach, Schwebach Insurance
provide important guidelines for local officials.
A lot of time and energy could be spared if the townships would use the suggested agenda for the
Township Annual Meeting to be held the first Tuesday in March. The agenda is in the Township
Officers Manual and is in the January issue of the newsletter.
The SDATAT Annual Meeting is designed to provide as much information as possible in a short time to
help you carry out your responsibilities as township officials. Many counties also hold meetings in the
spring or fall or both. These meetings also provide important information for local governments.
The township should pay for the registration, mileage, per diem, and motel for the board members to
attend the SDATAT Annual Meeting and Legislative Day. This is money well spent on local
government.
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