Failure by public officer to publish financial statement--Petty offense--Salary forfeiture--Removal from office.

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4-10-11. Failure by public officer to publish financial statement--Petty offense--Salary forfeiture--Removal from office.

All public officers of the state, counties, townships, municipalities, and school districts who are required by law to publish legal notices of financial statements and who shall intentionally fail or refuse to make such publications, commits a petty offense and also shall be guilty of nonfeasance of office and subject to forfeiture of salary for the month in which such failure occurs, whichever penalty is greater. Such officers shall be subject to removal from office upon continuance of such neglect of duty.

Suits to enjoin or recover payment of salary and for removal from office under this section shall be instituted in the proper circuit court by the state's attorney of the county in which the offending officer resides.

Source: SL 1951, ch 251, §§1, 2; SDC Supp 1960, §48.0709; SL 1980, ch 24, §63.


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