Title 9, MUNICIPAL GOVERNMENT

A majority of all the commissioners on the board of commissioners constitutes a quorum to do business. If a seat on the board is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of all the remaining commissioners who are quali…

The board of commissioners is the judge of the election and qualification of its members. The board may, by ordinance, determine its rules of procedure and code of conduct, punish its members for disorderly conduct while performing the duties of office, and, with the concurrence …

Each meeting of the board of commissioners is open to the public. All votes must be taken orally or by roll call. No votes may be taken by secret ballot. If any member of the board requests a roll call vote, a roll call vote must be taken. All votes must be entered in the minutes…

In a municipality governed by a board of five commissioners, the commissioners shall designate by a majority vote one commissioner to be the commissioner of public safety, one commissioner to be the commissioner of public works, one commissioner to be the commissioner of utilitie…

In any municipality governed by a board consisting of five commissioners, the mayor and the commissioners have the powers and duties described in §§ 9-9-20 to 9-9-24 , inclusive. In addition, each commissioner shall supervise any other department assigned or apportioned by resolu…

In accordance with § 9-14-2 , a person may be nominated, elected, or appointed as a mayor or as a commissioner if the person is a citizen of the United States and voter and resident of the municipality. Source: SL 1913, ch 119 , § 22; RC 1919, § 6220; SDC 1939, § 45.0802; SL 1970…

If any municipality is governed by a board consisting of five commissioners, the mayor may exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with the laws of the state. The mayor is the chie…

If any municipality is governed by a board consisting of five commissioners, the commissioner of public safety shall supervise the police and fire departments and the departments' officers and employees. The commissioner of public safety is also in charge of animal control within…

If a municipality is governed by a board consisting of five commissioners, the commissioner of public works shall supervise the streets, alleys, public grounds, and municipal improvements, and all public property, except as otherwise specially provided. The commissioner shall mai…

If a municipality is governed by a board consisting of five commissioners, the commissioner of utilities shall supervise the construction, maintenance, and operation of the waterworks, sewerage, and any other utility departments of the municipality. The commissioner of utilities …

If a municipality is governed by a board consisting of five commissioners, the commissioner of finance and revenue shall enforce all laws for the assessment and collection of taxes of every kind and collection of all revenues belonging to the municipality from whatever source der…

If a municipality is governed by a board consisting of three commissioners, the mayor and commissioners have the powers and duties described in §§ 9-9-26 and 9-9-27 . Source: SL 1913, ch 119 , § 19; SL 1915, ch 113 , § 3; RC 1919, § 6226; SDC 1939, § 45.0807; SL 1992, ch 60 , § 2…

If a municipality is governed by a board consisting of three commissioners, the mayor must exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with state law. The mayor is the chief executive …

If a municipality is governed by a board consisting of three commissioners, all matters not designated to the mayor must be assigned or apportioned as equally as may be between the commissioners by resolution of the board adopted by a majority vote of all the commissioners at the…

The term of office of the mayor and commissioners is not less than two or more than five years, as determined by ordinance, except that at the first election after the adoption of the commission form of government, the mayor's term must be for five years and the commissioners mus…

If the mayor or a commissioner resigns, the resignation must be submitted in writing to the board of commissioners and must specify the effective date of the resignation. If the mayor or a commissioner moves to a permanent residence outside the corporate limits of the municipalit…

The mayor shall be president of the board and shall have a vote upon all questions but shall not have the right of veto. Source: SL 1913, ch 119 , § 10; RC 1919, § 6219; SDC 1939, § 45.0801.

If the mayor is unable to perform the duties of office because of a temporary absence or temporary incapacitation, the board must, by a majority vote of all the commissioners, appoint one of its members to act as mayor until the temporary absence or temporary incapacitation ends.…

The board controls all departments of the municipality and may make and enforce rules and regulations for the organization, management, and operation of the departments of the municipality and any agency that may be created for the administration of the board's affairs. Source: S…