Karlen v. Janklow, No. 14034

CourtSupreme Court of South Dakota
Writing for the CourtFOSHEIM
Citation339 N.W.2d 322
PartiesKent KARLEN, Richard J. Ackerson, and Thomas Schmitt, Appellees, v. William J. JANKLOW, Governor, State of South Dakota, Appellant. . Considered on Briefs
Decision Date12 September 1983
Docket NumberNo. 14034

Page 322

339 N.W.2d 322
Kent KARLEN, Richard J. Ackerson, and Thomas Schmitt,
Appellees,
v.
William J. JANKLOW, Governor, State of South Dakota,
Appellant.
No. 14034.
Supreme Court of South Dakota.
Considered on Briefs Sept. 12, 1983.
Decided Oct. 26, 1983.

Thomas P. Tonner, Aberdeen, for appellee, Kent Karlen.

Daniel R. Moen, Aberdeen, for appellee, Richard J. Ackerson.

William D. Gerdes, Aberdeen, for appellee, Thomas Schmitt.

Jon R. Erickson, Asst. Atty. Gen., Pierre, for appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

FOSHEIM, Chief Justice.

This appeal is from a writ prohibiting the Governor from conducting a hearing pursuant to SDCL 3-17-3 concerning the removal of appellee police officers Kent Karlen, Richard J. Ackerson, and Thomas Schmitt from the Aberdeen, South Dakota Police Department. * We affirm.

Appellees are police officers of the City of Aberdeen and are governed by the Aberdeen Civil Service Ordinance. Revised Ordinances of Aberdeen No. 1567, Secs. 21-43 through 21-85. SDCL 9-14-15 provides that policemen appointed under a civil service ordinance may be removed only pursuant to the provisions of that ordinance.

The Governor, however, maintains that he also has power of removal pursuant to the authority granted in SDCL 3-17-3:

The Governor shall have power, after notice and hearing, to remove from office any state's attorney, sheriff, or police officer, or any deputy or assistant state's attorney, or deputy sheriff who shall willfully fail, neglect, or refuse to perform any of the duties imposed upon him by, or to enforce any of the provisions of law

Page 323

relating to intoxicating liquors, or who shall willfully fail, neglect, or refuse to perform any duties imposed upon them by law, or who shall be guilty of intoxication or drunkenness, or who shall be guilty of the violation of any law, or who shall assist or connive in the violation of any law, or who shall be grossly incompetent to perform the duties of his office.

There is obviously a conflict between the two statutes. Both are clear and unambiguous. SDCL 3-17-3 was enacted in its present form in 1923. SDCL 9-14-15 became law in 1939. Where conflicting statutes appear, it is the responsibility of the court to give a reasonable construction to both, and to give effect, if possible, to all provisions under consideration, construing them together to make them harmonious and workable. Welcome Wagon Intern. v. S.D. Dept. of Revenue, 318 N.W.2d...

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17 practice notes
  • Arcon Const. Co., Inc. v. South Dakota Cement Plant, Nos. 14139
    • United States
    • Supreme Court of South Dakota
    • May 2, 1984
    ...construing them together to make them harmonious and workable. If possible, both acts are to be reconciled. Karlen et al. v. Janklow, 339 N.W.2d 322 (S.D.1983); Matter of Sales Tax Refund Applications, 298 N.W.2d 799 (S.D.1980); State v. Myott, 246 N.W.2d 786 The UCC provision is general. I......
  • Andreson v. Brink Elec. Const. Co., No. 19741
    • United States
    • Supreme Court of South Dakota
    • March 24, 1997
    ...to be curative or explanatory of prior legislation." Schmaltz v. Nissen, 431 N.W.2d 657, 663 (S.D.1988); see also Karlen v. Janklow, 339 N.W.2d 322, 323 (S.D.1983)("Although there are no principles of construction which prevent using subsequent enactments or amendments as an aid i......
  • DSS OF STATE EX REL. WRIGHT v. Byer, No. 22609.
    • United States
    • Supreme Court of South Dakota
    • March 31, 2004
    ...proceedings to establish paternity. SDCL 25-8-58. It is our duty to reconcile statutes as best as reasonably possible. Karlen v. Janklow, 339 N.W.2d 322, 323 (S.D.1983). The Legislature obviously enacted this section in furtherance of the public policy that parents should be identified and ......
  • Whalen v. Whalen, Nos. 17637
    • United States
    • Supreme Court of South Dakota
    • April 22, 1992
    ...consideration, construing them together to make them "harmonious and workable." Meyerink, 391 N.W.2d at 184; Karlen v. Janklow, 339 N.W.2d 322, 323 (S.D.1983); Hartpence v. Youth Forestry Camp, 325 N.W.2d 292, 295 We have consistently required a party seeking modification of a chi......
  • Request a trial to view additional results
17 cases
  • Arcon Const. Co., Inc. v. South Dakota Cement Plant, Nos. 14139
    • United States
    • Supreme Court of South Dakota
    • May 2, 1984
    ...construing them together to make them harmonious and workable. If possible, both acts are to be reconciled. Karlen et al. v. Janklow, 339 N.W.2d 322 (S.D.1983); Matter of Sales Tax Refund Applications, 298 N.W.2d 799 (S.D.1980); State v. Myott, 246 N.W.2d 786 The UCC provision is general. I......
  • Andreson v. Brink Elec. Const. Co., No. 19741
    • United States
    • Supreme Court of South Dakota
    • March 24, 1997
    ...to be curative or explanatory of prior legislation." Schmaltz v. Nissen, 431 N.W.2d 657, 663 (S.D.1988); see also Karlen v. Janklow, 339 N.W.2d 322, 323 (S.D.1983)("Although there are no principles of construction which prevent using subsequent enactments or amendments as an aid i......
  • DSS OF STATE EX REL. WRIGHT v. Byer, No. 22609.
    • United States
    • Supreme Court of South Dakota
    • March 31, 2004
    ...proceedings to establish paternity. SDCL 25-8-58. It is our duty to reconcile statutes as best as reasonably possible. Karlen v. Janklow, 339 N.W.2d 322, 323 (S.D.1983). The Legislature obviously enacted this section in furtherance of the public policy that parents should be identified and ......
  • Whalen v. Whalen, Nos. 17637
    • United States
    • Supreme Court of South Dakota
    • April 22, 1992
    ...consideration, construing them together to make them "harmonious and workable." Meyerink, 391 N.W.2d at 184; Karlen v. Janklow, 339 N.W.2d 322, 323 (S.D.1983); Hartpence v. Youth Forestry Camp, 325 N.W.2d 292, 295 We have consistently required a party seeking modification of a chi......
  • Request a trial to view additional results

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