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(A) The board shall hold regular meetings at such times as may be provided by ordinance.
(B) Special meetings of the board may be held at any time upon call of the president or clerk by oral or written notice to the members present within the municipality.
(SDCL § 9-7-6)
(C) If a quorum of trustees for a municipality of the third class meets solely for purposes of implementing previously publicly-adopted policy, carrying out ministerial functions of the municipality, or undertaking a factual investigation of conditions related to public safety, the meeting is not subject to the provisions of SDCL Chapter 1-25.
Statutory reference:
Recording of public meeting, see SDCL § 1-25-11
Similar provisions, see SDCL §§ 1-25-1 et seq.
ORGANIZATION; ALDERMANIC FORM
(A) Executive. The chief executive officer of a municipality under the aldermanic form shall be a mayor.
(SDCL § 9-8-1)
(B) Qualifications. No person is eligible to be nominated, elected, or appointed as a mayor unless such person is a citizen of the United States, a voter of and resident of the municipality, and, if an alderman, a voter of and resident of the ward for which the person is to hold office.
(SDCL § 9-8-1.1)
(C) Term. The mayor shall hold office for a term of not less than two nor more than five years as determined by ordinance. A person may hold office for more than one term.
(SDCL § 9-8-1)
(D) Powers.
(1) The mayor shall preside at all meetings of the council but shall have no vote except in case of a tie.
(2) He or she shall perform such other duties as may be prescribed by the laws and ordinances, and take care that such laws and ordinances are faithfully executed.
(3) He or she shall annually and or as may be necessary, give the council information relative to the affairs of the municipality, and shall recommend for council’s consideration such measures as he or she may deem expedient.
(4) He or she shall have the power to sign or veto any ordinance or resolution passed by the common council, and the power to veto any part or item of an ordinance or resolution appropriating money. Pursuant to SDCL § 9-19-10, the veto, with written objections must be filed with the finance officer within ten days after final passage.
(SDCL § 9-8-3)
If there is a vacancy from any cause in the office of the mayor, the vacancy shall be filled by appointment by a majority vote of the members-elect of the aldermen, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election or by special election as provided in SDCL § 9-13-14.2. Until the vacancy is filled or during the time of temporary absence or disability of the mayor, the powers and duties of mayor shall be executed by the president of the council as provided in § 30.038.
(SDCL § 9-8-2)
Cross-reference:
Special elections, see § 30.003
(A) Membership. The common council shall consist of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality.
(B) Term. The term of office shall be for two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years. The mayor and aldermen shall hold office until successors are elected and qualified. At the first election of aldermen, the council shall stagger the initial terms of the alderman in each ward to provide that the two aldermen are not up for reelection in the same year. A person may hold office for more than one term. A vacancy on the common council shall be filled as provided in SDCL §§ 9-13-14.1 or 9-13-14.2
(SDCL § 9-8-4)
(C) Eligibility. No person is eligible to be nominated, elected, or appointed as a mayor or as an alderman unless such person is a citizen of the United States, a voter of and resident of the municipality, and, if an alderman, a voter of and resident of the ward for which such person is to hold office.
(A) At the first regular meeting after the annual election in each year and after the qualification of the newly elected aldermen, the council shall elect from among its own members a president and vice president, who shall hold their respective offices for the municipal year.
(B) The president of the council in the absence of the mayor shall be the presiding officer of the council, and during the absence of the mayor from the first or second class municipality or his or her temporary disability shall be acting mayor and possess all the powers of the mayor. In the absence or disability of the mayor and president of the council the vice president shall perform the duties of the mayor and president of the council.
(C) However, the president of the council or vice president of the council acting as the mayor shall only vote as an alderman. No alderman acting as mayor may vote as the mayor to break a tie vote.
(SDCL § 9-8-7)
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