The State Government Accountability Board may review and investigate any person holding a statewide office, as defined in § 12-27-1, and employees of the executive branch of the state
(1) Allegations of impropriety related to any contract, grant, or loan with any public entity that provides the authority to any other entity to expend public funds;
(2) Documents filed under chapter 3-23 or alleged violations relating to conflicts of interest;
(3) Allegations of a direct or indirect interest in a contract in violation of the constitution or law;
(4) Allegations of malfeasance;
(5) Allegations of misappropriation of public funds;
(6) Allegations of use of false instruments to obtain public funds;
(7) Allegations of theft or embezzlement of public funds;
(8) Allegations of bribery; or
(9) Allegations of use of public money not authorized by law or in violation of the constitution.
The board may establish its own procedures, issue subpoenas, administer oaths, and take sworn testimony.
Section 4. That the code be amended by adding a NEW SECTION to read:
Any person acting in good faith may:
(1) Furnish information to the board relating to suspected, anticipated, or completed violations of a corrupt act relating to any subdivision in section 3 of this Act;
(2) File a report with the board; or
(3) File a complaint with the board alleging a violation of any subdivision of section 3 of this Act.
The information, reports, or complaints and the investigative records and files of the board are confidential and not a public record according to chapter 1-27 until the board votes in favor of
conducting a contested case hearing.
four members appointed by the Governor.Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the same political party. All appointees are subject to confirmation by the Senate and no appointee may be a member of the Legislature during the member's term on the board.
Term of Appointment:
The term for a board member is five years and a board member may only be removed for good cause. Good cause to remove a member is conduct such as: malfeasance or misfeasance in office, neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the board's membership shall be filled by the Governor within thirty days of the event causing the vacancy. If a vacancy occurs before a term expires, the new member shall serve for the remaining portion of the unexpired term. If the Senate is not in session at the time the appointment is made, the appointee may serve until the Senate has the opportunity to consider the appointment. The per diem and expenses of the board are the same as the per diem and expenses for members of interim committees of the Legislature.
The initial appointments for the members of the board are temporary and staggered with one member serving two years, one member serving three years, one member serving four years, and one member serving five years. Each member's initial term is to be determined by the Governor.
Government Accountability Board
P.O. Box 2282
Sioux Falls, SD 57101