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§ 30.001  FORMS OF GOVERNMENT.
   Each municipality shall be governed by a board of trustees, a mayor, and common council, or by a board of commissioners.  A city manager may serve with any of the forms of government.
(SDCL § 9-2-3)
§ 30.002  CLASSES OF MUNICIPALITIES; CHANGE OF CLASSIFICATION.
   (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)
§ 30.003  VACANCIES.
   (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
§ 30.004  CONFLICT OF INTEREST.
   (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)
§ 30.005  MAXIMUM PAYMENT OR INDEMNITY, EXCESS.
   (A)   In no event may the total amount of payment or indemnity for any one officer or employee exceed the sum of $25,000.  However, this municipality may establish a different maximum amount of payment or indemnity by a resolution approved by its governing body.
   (B)   Indemnity in excess of $25,000 or the maximum amount of the payment or indemnity approved by a resolution adopted by this municipality’s governing body, whichever is greater, may be presented as a claim to the State Legislature.
(SDCL § 3-19-2)
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