§ 30.041 VOTES REQUIRED.

   (A)   A roll call vote shall be taken upon the passage of all ordinances and upon any proposal to expend or appropriate money, and in all other cases at the request of any member. All votes shall be entered in the minutes of its proceedings.

   (B)   The majority vote of the aldermen shall be necessary to pass an ordinance or proposal which expends or appropriates money, and the mayor may not break a tie on an ordinance or proposal to expend or appropriate money. The mayor may break a tie on all other ordinances or proposals.

   (C)   A two-thirds vote of the aldermen is required to sell any city property.

(SDCL § 9-8-10)

§ 30.042 RECONSIDERATION OR RECISION.

   A vote of the council may be reconsidered or rescinded at a regular or special meeting if a quorum is present and a majority vote to reconsider or rescind the action.

(SDCL § 9-8-11)

ORGANIZATION; COMMISSIONER FORM

§ 30.055 COMPOSITION.

   Under the commission form, where a city manager is not employed, the board of commissioners shall consist of the mayor and two or four commissioners elected at large.

(SDCL § 9-9-1)

§ 30.056 QUALIFICATIONS AND TERMS OF OFFICE.

   (A)   Qualifications.  AA 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.

(SDCL § 9-9-2)

   (B)   Terms of office.

      (1)   The term of office of the mayor and commissioners shall be 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 shall be for five years and the commissioners shall be elected for staggered terms.

      (2)   If the number of commissioners is four, one shall be elected for one year, one for two years, one for three years, and one for four years.

      (3)   If the number of commissioners is two, one shall be elected for two years and one for four years.

      (4)    At the annual election preceding the expiration of the term of office of the mayor or any commissioner, a successor shall be elected for a term not to exceed five years as determined by ordinance.

(SDCL § 9-9-3)

§ 30.057 MAYOR AS PRESIDENT OF BOARD.

   The mayor shall be president of the board and shall have a vote upon all questions but shall not have the right of veto.

(SDCL § 9-9-7)

§ 30.058 RESIGNATIONS AND VACANCIES.

   (A)   If the mayor or a commissioner resigns, the resignation shall be submitted in writing to the board.

   (B)   If the mayor or a commissioner moves his or her permanent residence outside the corporate limits of the municipality, the office is immediately vacated.

   (C)   If there is a vacancy in the office of mayor, the vacancy shall be filled by appointment pursuant to SDCL § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in SDCL § 9-13-14.2. A vacancy on the board shall be filled as provided in SDCL §§ 9-13-14.1 or 9-13-14.2.

(SDCL § 9-9-6)

Cross-reference:

   Special elections, see § 30.003