Title 9, MUNICIPAL GOVERNMENT

The board shall meet at least once each week, or as otherwise determined by ordinance, in regular meeting at a time and place as fixed by the board, to consider, take under advisement, and act on the business as may come before the board. Source: SDC 1939, § 45.0810; SL 1999, ch …

A special meeting may be called by the mayor or by any two commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to § 1-25-1.1 and shall be provided to each commissioner. Source: SL 1913,…

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…

If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented requesting that an election be called to vote on the question of employing a city mana…

The city manager must be chosen by the governing body on the basis of executive and administrative qualifications, with special reference to actual experience in, or knowledge of, accepted practices in respect to the duties of office. The governing body may establish residency re…

The governing body shall appoint the city manager for an indefinite term, but may suspend the manager by resolution of intent to remove the manager approved by a majority vote of all the members of the governing body. The resolution of intent to remove the manager must set forth …

In case of the absence or disability of the manager or in case of suspension as provided in § 9-10-11 , the governing body may designate a qualified administrative officer of the municipality to perform the duties of the manager during the absence, disability, or suspension. Sour…

The city manager is responsible to the governing body for the proper administration of all affairs of the municipality. Except as otherwise provided by law, the manager has power to appoint and remove all officers and employees in the administrative service of the municipality an…

Except as otherwise provided in this section, the city manager and every officer of the municipality, whether appointed by the manager or the governing body, shall furnish a bond to the municipality in the form and amount as may be required by the governing body. The bond must be…

The city manager shall: (1) See that municipal laws, ordinances, and resolutions are enforced; (2) Supervise the administration of the affairs of the municipality; (3) Make recommendations to the governing body concerning the affairs of the municipality as may seem prudent; (4) K…

Except for the purpose of inquiry the governing body and its members shall deal with the administrative service solely through the manager, and it is a Class 2 misdemeanor for any member of the governing body to give orders to any subordinate of the manager. Upon conviction of a …

It is a Class 2 misdemeanor for the city manager, or an officer or employee appointed by the manager, to solicit any person to vote for or against any candidate for alderman or commissioner of the municipality by which the manager is employed at any municipal election. Source: SL…

Provisions of the statutes governing municipalities inconsistent with this chapter are inapplicable to municipalities employing a city manager. Source: SL 1935, ch 158 , § 6; SDC 1939, § 45.0905; SL 1992, ch 60 , § 2; SL 2025, ch 38 , § 54.

Except as otherwise provided in this section, a contract of the municipality is not valid unless the contract has been authorized by a vote of the governing body at an official meeting, is executed in the name of the municipality by the mayor, is countersigned by the finance offi…

When authorized by a majority vote of all voters voting at a special election called for that purpose, pursuant to § 9-10-1 , the governing body of any municipality must employ a city manager and fix the manager's compensation. Source: SL 1917, ch 303 , § 8; SL 1918, ch 57 , §§ 1…

In municipalities under the aldermanic form employing a city manager, the mayor and aldermen must be elected in the same manner as municipalities not employing a city manager. Source: SL 1935, ch 158 , § 6; SDC 1939, § 45.0905; SL 1992, ch 60 , § 2; SL 2025, ch 38 , § 41.

In all commission-governed municipalities employing a city manager, the number of at-large commissioners is nine, each elected to a term of three years, or four years if the commission has chosen to hold the regular municipal election only in even-numbered years, pursuant to § 9-…

Within sixty days after an election directing the employment of a city manager in any commission-governed municipality, a special election must be called and held to elect the nine at-large commissioners. A plurality vote in the election of commissioners is sufficient to elect th…

The mayor of any municipality employing a city manager: (1) Is the presiding officer of the council or commission, and in municipalities having the aldermanic form of government, has the powers and duties of an alderman at large; (2) Is the recognized head of the municipality for…

The governing body of any municipality employing a manager shall hold regular meetings on the day and time adopted by ordinance, with at least one regular meeting per calendar month. The governing body may, by ordinance, determine the manner in which special meetings may be calle…

The finance officer, attorney, and library board of trustees must be appointed by the governing body and may be removed at any time by the governing body. The finance officer shall appoint all deputies and employees in the finance office. All other officers and employees, includi…

Any ordinance, resolution, contract, obligation, right, or liability of the municipality shall continue in force and effect the same as though no change of government has occurred. Source: SDC 1939, § 45.0505; SL 1992, ch 60 , § 2; SL 2000, ch 34 , § 6.

Each first or second class municipality must be governed by a mayor and common council, a mayor and a common council with a city manager, a board of commissioners, or a board of commissioners with a city manager. Each third class municipality must be governed by a board of truste…

The voters of any municipality may change its form of government or change the number of its commissioners, wards, or trustees by a majority vote of all electors voting at an election called and held as provided. Any municipality under special charter may adopt any form of govern…

If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented to the governing body, requesting that an election be called for the purpose of voting…

Both the question of form of government and the number of wards, trustees, or commissioners may be submitted upon one ballot, when both questions are to be voted upon. The vote upon the questions must be by ballot in the form and be cast in the manner provided by chapter 9-13 . S…

The question of changing the form of government may not be voted upon again within one year after the election held pursuant to § 9-11-6 . Source: RPolC 1903, § 1170; SL 1913, ch 119 , § 2; SL 1913, ch 125 , § 1; RC 1919, § 6191; SL 1921, ch 299 , § 1; SDC 1939, § 45.0501; SL 195…

If the question of whether to change the form of government or number of commissioners, wards, or trustees is approved in an election pursuant to § 9-11-6 , at the next regular municipal election or at a special election called by the governing board and held pursuant to § 9-13-1…