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Debate over county investigatory authority: sheriffs, state's attorneys urge no; committee places bill on 40 first day

South Dakota House Ag & Natural Resources Committee; House Local Government Committee (same session) · February 5, 2026

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Summary

Representative Spencer Gosh’s HB1226 would allow county commissions to adopt policies to investigate misconduct by county departments and employees; sheriffs and state’s attorneys warned the measure encroaches on elected executives’ authority and conflicts with multiple Attorney General opinions. Committee sent the bill to the 40 first day.

House Bill 12-26 (as amended) would authorize boards of county commissioners to adopt policies and to investigate allegations of misconduct by county departments, employees and officers, with an amendment explicitly excluding elected officials.

Sponsor Representative Spencer Gosh said the amendment was added to exclude elected officials and that the bill aims to provide counties a less costly, in-house human-resources option for addressing internal personnel disputes without immediately resorting to litigation. He described the proposal as a transparency and oversight tool for county commissions.

Opponents included the South Dakota Sheriffs Association, multiple elected sheriffs and county/state attorneys. Stacy Ackerman (executive director, South Dakota Sheriffs Association) cited a long series of Attorney General opinions (1989, 1994, 2006, 2017) holding that sheriffs are elected executives with authority to appoint, discipline and remove deputies and staff; those opinions limit county commissions’ supervisory power to budgetary control. Sheriffs and state’s attorneys argued the bill would blur separation of powers, politicize personnel matters, and risk misuse by legislative bodies with budgetary control.

Several sheriffs and the state’s attorneys’ association urged the committee to oppose HB12-26; they pointed to existing statutory procedures including referrals to DCI or the attorney general’s office and to the risk that commission-led investigations would lack neutral legal standards and protections. Supporters said the measure was intended for internal human-resources situations and would require policy adoption before use; the sponsor emphasized the tool was not intended for elected officials and that county commissions should not be forced into lawsuits over routine personnel disputes.

After debate the committee voted to send HB12-26 (as amended) to the 40 first day; the roll call reported 11 yays, 1 nay and the bill will remain available for subsequent action and amendments.