Section
General
30.001 Forms of government
30.002 Classes of municipalities; change of classification
30.003 Vacancies
30.004 Conflict of interest
30.005 Maximum payment or indemnity, excess
Organization; Trustee Form
30.015 Composition and qualification
30.016 Qualifying for office; oath of office
30.017 Term of office
30.018 President
30.019 Meetings
30.020 Quorum; majority required for action
Organization; Aldermanic Form
30.035 Mayor; qualifications, term, powers
30.036 Vacancy in office of mayor; temporary absence or disability
30.037 Common council; membership; terms of office
30.038 President and vice president; election; powers
30.039 Power of council to judge members and govern proceedings; bribery
30.040 Meetings; quorum; journal of proceedings
30.041 Votes required
30.042 Reconsideration or recision
Organization; Commissioner Form
30.055 Composition
30.056 Qualifications and terms of office
30.057 Mayor as president of board
30.058 Resignations and vacancies
30.059 Procedure to fill vacancies
30.060 Acting mayor during vacancy in office
30.061 Meetings
30.062 Quorum; voting
30.063 Rules of procedure; attendance requirements
30.064 General oversight
30.065 Five-commissioner city
30.066 Three-commissioner city
Organization; City Manager Form
30.080 Governing bodies; election and terms of office
30.081 Powers of mayor
30.082 Powers of City Manager
30.083 Appointments
30.084 Bond required
30.085 Removal of City Manager
30.086 Regular and special meetings
30.087 Qualifications and appointment of City Manager; residence; restriction on appointment of former member of governing body
30.088 Absence, disability, or suspension of City Manager
30.089 Responsibility of City Manager; power to appoint and remove officers and employees
30.090 Inconsistent statutes inapplicable
Ordinances and Resolutions
30.105 Style of ordinances; subject
30.106 Readings, passage and publication
30.107 Effective date of ordinances and resolutions
30.108 Compilation of ordinances
30.109 Continuation in force of ordinances after change in form of government
30.110 Vetoed ordinances
Cross-reference:
Compatible and incompatible offices, see § 31.08
Municipal property, see Ch. 35
Removal from office; vacancies, see Ch. 31
Statutory reference:
General powers of municipality, see SDCL Chapter 9-12
Public comment at meetings, see SDCL § 1-25-1
GENERAL
(A) There are three classes of municipal corporations:
(1) First Class, with a population of 5,000 or over;
(2) Second Class, with a population between 500 and 5,000;
(3) Third Class, with a population of less than 500.
(SDCL § 9-2-1)
(B) The municipality may change its classification if the territory of the municipality has changed substantially since the last preceding census. The governing body by resolution may authorize and direct its auditor or clerk to determine the population by filing in his or her office a certificate showing the whole number of persons who voted at the last preceding annual municipal election, which number multiplied by three shall constitute the population for the purpose of classification until the next federal census shall have been completed.
(SDCL § 9-2-2)
(A) General. If a vacancy exists on a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election, or the vacancy may be filled by special election for the remainder of the unexpired term as provided in division (D)
(B) Aldermanic form. In the aldermanic form of municipal government, the appointment must be a person from the same ward of the first or second class municipality.
(C) If electing a person to fill the remainder of the unexpired term at an annual municipal election, the vacancy shall have occurred prior to the publication required by SDCL § 9-13-6.
(SDCL § 9-13-14.1)
(D) Special elections to fill vacancy on governing board, office of mayor; procedures.
(1) The governing body of any municipality may, by ordinance, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in SDCL § 9-13-14 and this division.
(2) No such special election may be held less than 90 days before the annual municipal election. The finance officer of the municipality shall publish a notice in the official newspaper of the municipality stating that a vacancy exists, that the vacancy will be filled by the special election, the date of the election, and the time and place where nominating petitions may be filed for office.
(3) The notice shall be published once each week for two consecutive weeks beginning at least 60 days before the special election. Nominating petitions for the vacancy shall be prepared and filed as provided in SDCL § 9-13-7, may not be circulated more than 60 days before the date of the special election, and shall be filed at least 30 days before the date of the special election. A notice of the special election shall be published as provided in SDCL §§ 9-13-13 and 9-13-14.
(SDCL § 9-13-14.2)
(E) Elected official to hold office until vacancy filled. If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act in an official capacity until the vacancy is filled by election or appointment pursuant to divisions (C) or (D).
(SDCL § 9-13-14.36)
Cross-reference:
Temporary vacancy of mayor in aldermanic form, see § 30.036
(A) No municipal official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply:
(1) The official has a direct pecuniary interest in the matter before the governing body; or
(2) At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter.
(B) If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote.
(SDCL § 6-1-17)
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