If the governing body of any city which is subject to the provisions of this chapter shall fail or refuse to adopt the provisions of this chapter, twenty percent of the qualified electors of the city may file a written petition with the city auditor demanding that the provisions be adopted or that the question be submitted to the qualified electors of the city, and unless the civil service system is adopted by the governing body, the question shall be submitted to the qualified electors of the city at the next regular municipal election.
40-44-03. Form of ballot to be used in voting upon adoption of civil service system - Vote required to adopt. At any election held to determine whether a city shall adopt a civil service system under the provisions of this chapter, the question shall be submitted to the electors in substantially the following form: Shall the city adopt the civil service system? Yes ☐ No ☐ If sixty percent of the votes cast upon the question favor the adoption of a civil service system, the governing body of the city, within sixty days after the election, shall pass the necessary ordinance and adopt a civil service system as is provided in this chapter.
40-44-04. Civil service commission or commissioner - Delegation of powers to - When rules and regulations effective. The governing body may provide and create a civil service commission consisting of three members, or it may appoint a civil service commissioner. It may delegate to the commission or commissioner, as the case may be, such powers and duties relating to the making and enforcing of civil service rules and regulations as it may deem advisable. The rules and regulations, however, shall have no force nor effect until duly adopted by ordinance.