Title 9, MUNICIPAL GOVERNMENT

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…

Except as otherwise provided in § 9-14-16.1 , an elected municipal officer may not hold any other position with the municipality while in office. The term "position" does not include membership on any municipal board, commission, or committee, if the ordinance or resolution estab…

The provisions of § 9-14-16 do not prohibit any elected officer from serving in any other volunteer, unsalaried municipal position or providing any service for a municipality if the compensation for the service does not exceed ten thousand dollars per calendar year. The provision…

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…

An individual is not eligible to hold elective office unless the individual: (1) Is a qualified voter of the municipality, as described in § 12-4-1 ; and (2) Has resided in the municipality or an area annexed, pursuant to chapter 9-4 , for at least three months preceding the indi…

Except to the extent inconsistent with the appendix to chapter 16-18 , the city attorney shall: (1) Furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of municipal officers; (2) Conduct the prosecution of all actions or proceedin…

A municipality may contract for legal services or employ an attorney to provide legal services for the municipality. Source: SL 1925, ch 248 ; SDC 1939, § 45.1129; SL 1957, ch 247 ; SL 1967, ch 219 ; SL 1978, ch 61 ; SL 2026, ch 33 , § 18.

A municipality may contract with or employ a city engineer, who must 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 must delegate any duties that are defined in chapt…

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 …

On or before the last day of each month, each law enforcement officer receiving a salary from the municipality shall provide and remit to the municipal finance officer an itemized account and receipts for all fees received by the officer in the service of any civil process. Sourc…

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…

Any municipality may provide, either by self-insurance or contract, group life, health, and accident insurance, or any combination of coverage, for employees and officers of the municipality, and the immediate families of the employees and officers. Accident insurance applies onl…

A municipality may deduct out of the salary or wages of municipal employees or officers the amount of their participation in the cost of insurance provided pursuant to § 9-14-30 . Source: SL 1949, ch 199 , § 2; SDC Supp 1960, § 45.0201-1 (7); SL 2026, ch 33 , § 24.

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 pursuant to §§ 9-14-30 and 9-14-35 may include the use of flexible spending accounts that may be paid or reimbursed through the use of debit cards, direct deposit to financial institutions, check, or a combination of these. Source: SL …

The governing body of any municipality may provide for salary saving or retirement annuities, and may deduct from the salary or wages of any employee, included in the life insurance, salary sharing, or retirement annuity plan, the pro rata share of the cost of the insurance, and …

It is a Class 2 misdemeanor for any elected or appointed officer or employee to commit a palpable omission of duty or to intentionally commit oppression, misconduct, or malfeasance in the discharge of official duties. Upon conviction of a violation of this section, the court may …

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…

Following appointment and qualification, the municipal finance officer shall issue a certificate of appointment under the seal of the municipality to each appointed officer. Source: SL 1890, ch 37 , art VI, § 6; RPolC 1903, § 1239; RC 1919, § 6273; SDC 1939, § 45.1107; SL 2026, c…

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…

A municipality may require each individual seeking employment with a municipality to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The …

The hours of employment of full-time employees of municipal fire departments are governed by municipal policy or contract, but may not exceed two hundred twelve hours during a twenty-eight-day work period or two hundred four hours during a twenty-seven-day work period, as determi…

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 appointed 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, as provided in § 3-1-5 . The officer shall file the form with the municipal finance officer within ten days after the…

Each appointed officer, before entering upon the discharge of the duties of the office, shall take an oath or affirmation of office, in the usual form provided by law. Each appointed officer shall furnish a bond for the faithful performance of the duties of the office and to acco…

Any bond provided for in § 9-14-6 must be filed, after approval, with the municipal finance officer. 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 , § 20; SL 1995, ch 45…