Seymour v. Western Dakota Vocational Technical Institute

SABERS, Justice

(concurring in result).

I concur in the result only. I would affirm the trial court’s result and its reasons. Seymour’s duties and functions were clearly those of a public officer even under the authority cited and relied upon by the majority. Griggs v. Harding County, 68 S.D. 429, 3 N.W.2d 485 (1942).

Seymour was a “public officer” with respect to his duties and functions as farm manager, even if he was only paid $200 over regular teacher pay. He “voluntarily” became “interested individually” in the school’s “contract” and violated SDCL 3-16-7. He also violated SDCL 6-1-1. As such, he was properly discharged for the right reasons.