Title 40 — Municipal Government

The governing body of a city operating under the commission system of government is the board of city commissioners which is composed of the president of the board of city commissioners and not less than three city commissioners. The number of city commissioners may be increased …

The board of city commissioners shall be the judge of the election and qualifications of its own members.

The members of the board of city commissioners must be elected at large and not by wards. Each voter may vote for one of the candidates for the office of president of the board of city commissioners and for as many candidates for the office of city commissioner as there are commi…

Each commissioner and the president of the board of city commissioners shall hold office for four years commencing on the first day of July of the year in which the officer was elected and until a successor has been duly elected and qualified. The commission shall establish by or…

The commissioners and the president of the board constitute the board of city commissioners and shall take an oath faithfully to perform the duties of their respective offices. The monthly salary of each city commissioner must be fixed by ordinance. The president of a commission …

Repealed by S.L. 2011, ch. 294, § 5.

The president of the board of city commissioners shall be the executive officer of the city and shall see that all the laws of the city are enforced. The president shall have the right to vote as a member of the board but shall have no veto power.

At the first meeting of the board after the newly elected commissioners take office, one of its own members must be elected vice president. The vice president shall perform all the duties of the office of president in the absence or disability of the president to act. In the abse…

If a vacancy occurs in the office of a city commissioner or president of the board of city commissioners, the board may call a special city election to fill such vacancy for the unexpired term, or may, after fifteen days from the date of such vacancy appoint a person to fill such…

The board of city commissioners shall meet in regular meeting at least once a month and at such additional times as the board, by ordinance, may establish. All regular meetings shall be held at a time and place to be designated by the board. No action of the board shall be effect…

The commissioner who is the head of each department shall audit all accounts against it, but before payment the accounts shall be acted upon and approved by at least three members of the board of city commissioners. Approval by at least three members of the board of city commissi…

Repealed by S.L. 1975, ch. 106, § 673. 40-09-16. Board may summon and compel attendance of witnesses and books - Punish for contempt - Process. Whenever it is necessary for the more effective discharge of its duties, the board of city commissioners may summon and compel the atten…

1. Except as provided in this section, a member of the board of city commissioners may not: a. Be eligible to any other office the salary of which is payable out of the city treasury; b. Hold any other office under the city government; and c. Hold a position of remuneration in th…

Twenty-five percent or more of the qualified electors of a city, as shown by the number of votes cast for the executive officer of the city at the preceding city election, may petition for the city manager plan of government. Within thirty days after such petition is filed with t…

If a majority of the votes cast on the question at the election favors the adoption of the city manager plan, the governing body shall declare the plan adopted and shall fix the date when the plan becomes effective. The date must be after the first regular meeting of the governin…

The city manager shall be the chief administrative officer of the city and shall be chosen by the governing body solely on the basis of the person's qualifications. The choice shall not be limited to the inhabitants of the city or state and a majority vote of the members of the g…

The governing body shall have in addition to other powers granted by law the following powers: 1. It may inquire into the conduct of any office, department, or agency of the city. 2. It may by ordinance establish, change, and abolish offices, departments, and agencies, other than…

The city manager shall: 1. Be responsible to the governing body of the municipality for the proper administration of all of the affairs of the city. 2. Prepare and submit to the governing body an annual preliminary budget as provided for under chapter 40-40, and shall be responsi…

The enacting clause of every ordinance adopted by a municipal corporation shall be: "Be it ordained by the _____________ (governing body) of the city of _____________." Such caption, however, may be omitted when the ordinances are published in book form or are revised and digeste…

All ordinances shall be read twice and the second reading and final passage shall not be had in less than one week after the first reading. After the first reading and before final passage, an ordinance may be amended. Except as otherwise specifically provided, a majority of all …

The yeas and nays shall be taken and entered on the journal of the governing body's proceedings upon the passage of all ordinances and upon all propositions creating any liability against the city or providing for the expenditure or appropriation of money, and in all other cases …

Every municipality shall enact an ordinance providing for the conveyance, sale, lease, or disposal of personal and real property of the municipality. When the property to be disposed of is estimated by the governing body of the municipality to be of a value of less than two thous…

Upon resolution by the governing body of a city authorizing the public sale of real property, a notice containing a description of the property to be sold and designating the place where and the day and hour when the sale will be held shall be published in the city's official new…

The title and penalty clause of every ordinance imposing any penalty, fine, imprisonment, or forfeiture for a violation of its provisions, after the final adoption of the ordinance, shall be published in one issue of the official newspaper of the city.

Ordinances finally approved by the governing body of a municipality and which require publication shall take effect and be in force from and after the publication thereof unless otherwise expressly provided in the ordinance. Ordinances which do not require publication shall take …

The executive officer of a municipality may appoint, by and with the advice and consent of the governing body of the municipality, one or more competent persons to prepare and submit to the governing body, for its adoption or rejection, an ordinance for the revision or amendment …

Repealed by S.L. 2025, ch. 379, § 4.

Repealed by S.L. 2025, ch. 379, § 4.

Only qualified electors of the city may sign petitions provided for in this chapter. Each petition, in addition to the names of the petitioners, must contain the name of the street upon, and the number of the house in, which each petitioner resides. It must also be accompanied by…

The signatures to a petition to initiate or refer an ordinance need not all be appended to one paper. One of the signers of each paper shall make an oath before an officer competent to administer oaths that the person believes the statements in the paper to be true and that each …

After receiving the petition for the initiation of a proposed ordinance, the governing body of the municipality shall: 1. Pass the ordinance without alteration within twenty days after the attachment of the auditor's certificate to the accompanying petition; 2. Call a special ele…

When a referendum petition is filed, the governing body of the municipality shall reconsider the ordinance described therein, and if it is not entirely repealed, the governing body shall submit it to the vote of the qualified electors of the municipality at the next regular munic…

The ballot to be used in voting upon an initiated ordinance shall be in substantially the following form: Shall an initiated ordinance relating to ______________ (stating the nature of the proposed ordinance) be adopted? Yes ☐ No ☐ The ballot to be used in voting upon a referred …

A person is not eligible to hold an elective municipal office unless that person is a qualified elector of the municipality and has been a resident of the municipality for at least nine months preceding the election. A person is not eligible to hold an appointive office unless th…

The auditor, municipal judge, assessor, and the city manager of any city, and such other officers as the governing body may direct, before entering upon the discharge of the duties of their respective offices, shall execute and deliver to the city their separate bonds payable to …

Every person elected or appointed to any municipal office, before the person enters upon the discharge of the duties thereof, shall take and subscribe the oath of office prescribed for civil officers, and, except in the case of the auditor, shall file the same with the city audit…

A municipal officer may not refuse or fail to disclose to the governing board of which that person is a member any personal interest, direct or indirect, in any contract requiring the expenditure of municipal funds. Any person who violates this section is guilty of an infraction …

Repealed by S.L. 1975, ch. 106, § 673.

When any officer removes from a municipality or refuses or neglects for ten days after official notification of that person's appointment to qualify and enter upon the discharge of the duties of the office, the office shall be deemed vacant.

Whenever a vacancy occurs in an appointive office, the same proceedings shall be had to fill such vacancy as are provided for in case of an appointment in the first instance.

Unless otherwise specifically provided in this title, every person elected or appointed to fill a vacancy in a municipal office shall hold the office and discharge the duties thereof for the unexpired term.

Within five days after notification and request, any officer of a municipality whose term has expired shall deliver to the person's successor in office all property, books, and effects of every description in the person's possession belonging to the municipality or pertaining to …

The head of an executive or administrative department of a city may not appoint that individual's spouse, son, daughter, brother, or sister to any position under the control or direction of that individual, unless the appointment has previously been approved by the governing body…

The following officers must be elected in each city operating under the council form of government: 1. A mayor. 2. The council members required under sections 40-08-03 and 40-08-04. Each city operating under the council form of government may choose to have a municipal judge who …

The terms of office of the mayor and council members are provided in chapter 40-08. All other elective officers in a city operating under the council form of government shall hold their respective offices for four years and until their successors are elected and qualified.

Under the city council form of government, the term of each elective officer commences on the first day of July of the year in which the officer is elected. 40-14-04. Appointive officers in council cities - Appointment of more than one assessor. 1. The mayor, with the approval of…

The term of all appointive officers of a city operating under the council form of government commences on the first day of July succeeding their appointment unless otherwise provided by ordinance, and the officers shall hold their respective offices for two years, and until their…

Repealed by S.L. 1975, ch. 372, § 1.

The following officers shall be elected in each city operating under the commission system of government: 1. A president of the board of city commissioners. 2. Four city commissioners. Each city operating under the commission system of government may choose to have a municipal ju…

The terms of office of the president of the board of city commissioners and of each commissioner shall be as provided in chapter 40-09. The municipal judge shall hold office for four years and until the judge's successor is elected and qualified.