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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)
(A) The council shall be the judge of the election and qualification of its own members. It shall determine its own rules of procedure, punish its members for disorderly conduct, and, with the concurrence of two-thirds of the aldermen elected thereto, may expel a member.
(B) Any alderman who shall have been convicted of bribery shall thereby vacate his or her office.
(SDCL § 9-8-5)
(A) Meetings. The council shall hold its regular meetings on the first Monday of each month. It may prescribe by ordinance the manner in which special meetings may be called and may so change the day of its regular monthly meetings.
(B) Quorum. When a seat on a council is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining aldermen who are qualified to serve as aldermen by election or appointment pursuant to SDCL Chapter 9-13. The council may compel the attendance of absentees under such penalties as may be prescribed by ordinance.
(C) Journal of meetings. The meetings of the council are open to the public and it shall keep a journal of its proceedings.
(SDCL § 9-8-8)
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