If a complaint alleges a violation of this chapter by a board of county commissioners, the state’s attorney shall take one of the following actions:

(1) Prosecute the case pursuant to Title 23A;

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Terms Used In South Dakota Codified Laws 1-25-6.1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

(2) Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by § 1-25-6;

(3) Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action; or

(4) Refer the complaint to another state’s attorney or to the attorney general for action pursuant to § 1-25-6.

Source: SL 2010, ch 6, § 1.