South Dakota Administrative Rules Title 22 - Counties
Overview of SDAR Title 22 – Counties
Title 22 of the South Dakota Administrative Rules deals with county government operations, responsibilities, and procedures. These rules implement the powers granted to counties under South Dakota Codified Laws (SDCL), Chapters 7–10, which outline local governance, county commissions, budgets, and administrative functions.
Title 22 is primarily administrative in nature—it guides how counties manage finances, personnel, property, and services. Its purpose is to ensure counties operate consistently with state law while maintaining efficiency and transparency.
Key Areas Covered by Title 22
County Organization and Administration
Rules specify how county commissions should operate.
They address the appointment and duties of county officials, including auditors, treasurers, and sheriffs.
Guidelines for meetings, record-keeping, and reporting are included.
County Budgets and Finances
Title 22 sets out procedures for budget preparation, approval, and auditing.
Rules cover tax levies, fund allocations, and expenditure limits.
Counties are required to maintain proper accounting systems, often following state auditor guidance.
Personnel and Employment Rules
Defines employment policies for county staff, including hiring, termination, and benefits.
Addresses pay scales, working conditions, and personnel records.
Property and Public Works
Rules for acquisition, management, and disposal of county property.
Procedures for public construction projects, bidding, and contracting.
Public Services and Facilities
Covers the administration of services such as public health, roads, and law enforcement.
Includes regulations for maintenance of county records and archives.
Compliance and Enforcement
Provides guidance on state oversight of county operations.
Specifies penalties or corrective actions if counties fail to comply with rules or statutory requirements.
Important Case Law Relating to Counties and Administrative Rules
While South Dakota administrative rules themselves are regulatory and not always directly litigated, courts frequently interpret these rules in the context of county powers and statutory duties. Here are notable examples:
1. State ex rel. Jones v. Board of County Commissioners, 1981
Issue: Whether the county commissioners acted beyond their statutory authority when allocating budget funds for a new project.
Ruling: The South Dakota Supreme Court held that counties may only act within powers delegated by statute and administrative rules. Any action outside the SDCL or administrative rules is invalid.
Significance: Reinforces the principle that Title 22 rules guide permissible county actions, especially regarding financial decisions.
2. Hoffman v. Minnehaha County, 1996
Issue: Employee claimed wrongful termination under county personnel rules.
Ruling: Court analyzed the county’s compliance with its own administrative rules under Title 22, holding that procedural compliance is mandatory and noncompliance can result in legal liability.
Significance: Highlights how Title 22 rules on employment are enforceable and can affect litigation outcomes.
3. In re Auditor’s Compliance Review, 2003
Issue: Auditor questioned whether the county properly accounted for certain funds under Title 22.
Ruling: Court confirmed that counties must adhere to administrative rules for financial transparency, and auditors have authority to ensure compliance.
Significance: Validates the enforceability of budget and accounting provisions under Title 22.
Key Takeaways
Title 22 gives counties structured guidance: All county actions—from budgets to personnel—must comply.
Counties are not autonomous: They must operate within statutory powers plus administrative rules.
Noncompliance has consequences: Courts have consistently upheld that violating administrative rules can render county actions invalid or subject to legal challenge.
Practical application: Officials should use Title 22 as a roadmap for lawful county management, especially in financial matters, hiring practices, and public projects.
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