Title 9 — MUNICIPAL GOVERNMENT

Source: SL 1890, ch 37 , art VI, § 4; RPolC 1903, § 1238; SL 1913, ch 119 , § 60; RC 1919, § 6272; SL 1920 (SS), ch 72 ; SDC 1939, § 45.1106; SL 1971, ch 58 , § 1; SL 1992, ch 60 , § 2; SL 2014, ch 51 , § 1; SL 2026, ch 33 , § 7.

Any individual appointed to fill a vacancy for an elective office shall begin discharging the duties of the office as soon as the individual has qualified by filing an oath or affirmation of office, as provided in §

9-14-1.1

9-14-2 Residence requirement for election to office--Exceptions--Defaulters ineligible. 9-14-3 Appointment of officers. 9-14-4 Commissions and certificates of appointment. 9-14-5 Qualification and discharge of duties of office by appointive and elective officers. 9-14-6 Oath of a…

The removal of any municipal officer from the ward or municipality for which the officer was elected or appointed, or the officer's failure, within ten days after the first meeting of the month following the election or appointment, to qualify and begin the duties of office, caus…

9-14-12 Removal from office of officer appointed by governing board. 9-14-13 Removal of appointive officers. 9-14-14 Civil service ordinance--Procedure for suspension or removal of employee--Initiated ordinance required for repeal--Appeal. 9-14-15 Removal of civil service employe…

Except as otherwise provided, any appointed officer of a municipality governed by a board of commissioners or board of trustees may be removed by a majority vote of all members of the governing body who are qualified to serve on the governing body by election or appointment pursu…

In a municipality governed by a mayor and common council pursuant to chapter 9-8 , the mayor may remove from office any officer appointed by the mayor, if the mayor believes the removal is in the interest of the municipality. The mayor shall report the reasons for removal to the …

Any municipality may adopt an ordinance establishing a civil service system for its municipal employees, law enforcement officers, and firefighters, which provides for: (1) The appointment of a civil service board, prescribing its powers, duties and compensation; and (2) The susp…

Except as otherwise provided in this section, municipal employees, law enforcement officers, and firefighters appointed under any civil service ordinance and not represented by any labor or employee organization authorized by chapter 3-18 may be removed only pursuant to the provi…

No mayor, alderman, commissioner, or trustee may hold any other office under the municipality while an incumbent of such office. The term "office" does not include membership on any municipality board, if the ordinance or resolution establishing the board specifically includes th…

The provisions of § 9-14-16 do not prohibit any mayor, alderman, commissioner, or trustee from serving in any other volunteer, unsalaried municipal position or providing any service for a municipality if the compensation for such service does not exceed five thousand dollars per …

A municipal finance officer shall: (1) Keep an office at a place directed by the governing body; (2) Keep the corporate seal and all documents and records of the municipality; (3) Attend all meetings of the governing body; (4) Keep a record of the proceedings of the governing bod…

The municipal finance officer shall keep regular books of account in which shall be entered all indebtedness of the municipality, and which shall at all times show the financial condition of the municipality, the amount of bonds, warrants, certificates, or other evidences of inde…

The municipal finance officer shall supervise the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit except that for those municipalities administered under the city manager form of g…

Except as otherwise provided, no person may hold any elected municipal office who is not a qualified voter of the municipality and who has not resided therein at least three months next preceding his election or appointment. If the person has resided in an area annexed, pursuant …

The municipal finance officer shall keep a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the finance officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of…

The municipal finance officer shall examine all reports, books, papers, vouchers, and accounts of the treasurer; audit and adjust all claims and demands against the municipality before they are allowed by the governing body; and keep a record of the finance officer's acts and doi…

When required by the governing body or any officer of the first and second class municipality, the city attorney shall furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of such officer; conduct the prosecution of all actions or …

The governing body of any municipal corporation may contract for legal services or employ an attorney under such terms and conditions as the governing body shall deem proper. Any contract for legal services with an attorney shall be made by ordinance or resolution. Such contract …

If a municipality chooses to employ or retain a person to serve as a city engineer, the city engineer shall be a licensed professional engineer under chapter 36-18A . If the city engineer is not also licensed as a land surveyor under chapter 36-18A , the city engineer shall deleg…

9-14-26 Jurisdiction of municipal peace officers in service of process. 9-14-27 Additional duties prescribed for municipal officers. 9-14-28 Salaries and compensation of municipal officers. 9-14-29 Civil process fees accounted for by policemen. 9-14-30 Life, health and accident i…

Any law enforcement officer of a municipality that is situated in more than one county may serve and execute any civil or criminal process within any of the counties in which the municipality is situated. Source: SL 1890, ch 37 , art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119…

A governing body may prescribe by ordinance additional duties to be performed by any appointed municipal officer not inconsistent with the laws of this state. Source: SL 1890, ch 37 , art XXII, § 2; RPolC 1903, § 1381; RC 1919, § 6283; SDC 1939, § 45.1117; SL 2026, ch 33 , § 21.

Except as otherwise specially provided, the governing body of every municipality shall fix and determine by ordinance or resolution the amount of salaries and compensation of all municipal officers and the times at which the same shall be paid. Source: PolC 1877, ch 24, § 44; CL …

Every chief of police or other policeman, receiving a salary for his services, shall account for and pay over on or before the end of each month to the treasurer all fees received by him in the service of any civil process, taking a receipt therefor and filing an itemized account…

Each municipality may determine, by ordinance, which officers are to be appointed and describe the duties of each appointed officer. Except as provided in chapter 9-10 : (1) In municipalities governed by a mayor and common council, each appointed officer is appointed by the mayor…

The term "employee" is defined to include all persons who receive more than fifty percent of all compensation for personal services, rendered to the State of South Dakota, or to any of its governmental subdivisions, or to any of the several offices, boards, and departments thereo…

Municipalities of the State of South Dakota are hereby authorized to appropriate the necessary funds for the cost of all or any portion of the insurance provided for by §

Authority and power is hereby given to said employees or officers to direct the municipalities of the State of South Dakota covered hereby to pay out of the salary or wages of such employees or officers the amount of their participation in the cost of insurance provided pursuant …

The policy or policies for the insurance provided in § 9-14-30 may be administered by the municipalities through their respective governing bodies, acting individually or jointly through some joint agency created by such governmental subdivisions for carrying out the purposes of …

The governing body of a municipality, or a municipal retirement system may, in its discretion, include retired employees and officers and their spouses and dependents eligible under the appropriate policy and the spouses and dependents eligible under the appropriate policy of dec…

Any health insurance plan or policy provided by a municipality for municipal officers and employees and other persons pursuant to §§ 9-14-30 and 9-14-35 may include the use of flexible spending accounts, which may include payment or reimbursement through the use of debit cards, d…

The governing body of any municipal corporation in this state is hereby empowered and authorized to enter into insurance contracts for the protection and benefit of its employees and such insurance contracts may be in the form of group life insurance, salary saving, or retirement…

It is a Class 2 misdemeanor for any member of the governing body or other municipal officer to commit a palpable omission of duty or to intentionally commit oppression, misconduct, or malfeasance in the discharge of the duties of his office. Upon conviction of a violation of this…

9-14-39 Delivery of records and property to successor in office--Liability and penalties for refusal. 9-14-40 Housing for police officers and personnel--Terms--Rent. 9-14-41 Payment by occupant of municipal dwelling of amount equal to property tax on property. 9-14-42 Criminal ba…

Within five days after leaving office, an officer of a municipality shall deliver to the officer's successor all books, property, and effects of every description belonging to the municipality or pertaining to the office. A former officer in violation of this section is personall…

All appointive officers except the auditor and marshal shall be commissioned by warrant, under the corporate seal, signed by the mayor and auditor. The marshal shall be commissioned by warrant, under the corporate seal, signed by the president of the Board of Trustees and the cle…

Any second or third class municipality within the State of South Dakota may erect, purchase, lease, rent, equip, furnish, insure, sell, and move dwellings to be used as housing for police officers and other police personnel of the municipality. Such municipality may establish the…

The occupant of any dwelling owned by a municipality pursuant to § 9-14-40 shall pay to each taxing agency within each taxing jurisdiction in which the property is situated, in lieu of taxes on the property, the amount of the property tax that would be payable if the property wer…

Each person over eighteen years of age seeking employment with a municipality shall submit, subject to the discretion of the municipality, to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigatio…

The hours of employment of full-time employees of city fire departments are governed by mutual agreements with the respective municipal corporations. The hours of employment for any such employee may not exceed two hundred twelve hours during a twenty-eight-day work period or two…

The governing body of a municipality may not, by any method or means, prohibit or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any municipal buil…

Notwithstanding § 9-14-44 or 9-19-20 , a municipality may, by any method or means, prohibit or restrict an individual from lawfully carrying a dangerous weapon, as defined in § 22-1-2 , within a building or facility at which an event is occurring, provided metal detectors are uti…

Each appointive municipal officer shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office in the usual form provided by law. The officer shall file the form within ten days after the first meeting of the mon…

In third class municipalities the clerk, director of equalization, treasurer, and marshal, within ten days after the first meeting of the month following the election or appointment, shall take and subscribe an oath or affirmation of office in the form required by the Constitutio…

9-14-9 Place of filing of bonds. 9-14-10 Vacancy created by removal of officer from municipality or ward--Failure to qualify for office. 9-14-11

All undertakings provided for in §§ 9-14-6 to 9-14-7 , inclusive, shall be filed, after approval, with the governing body. Source: SL 1890, ch 37 , art VI, § 5; RPolC 1903, § 1238; SL 1913, ch 119 , § 60; RC 1919, § 6272; SL 1920 (SS), ch 72 ; SDC 1939, § 45.1106; SL 1981, ch 44 …