§ 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

§ 30.059 PROCEDURE TO FILL VACANCIES.

   In case of a vacancy in the office of mayor, the board of commissioners shall appoint by a majority vote of all the members thereof one of its number as acting mayor, who shall be invested with all the powers and shall perform all the duties of the mayor, until the election of a mayor.

§ 30.060 ACTING MAYOR DURING VACANCY IN OFFICE.

   (A)   If the mayor is unable to perform the duties of office by reason of absence or sickness, the board shall appoint by a majority vote one of its members to act as mayor. The appointed commissioner's official designation shall be acting president of the board of commissioners. The acting president is invested with all the powers and shall perform all the duties of the mayor during the mayor's absence or sickness. The acting president has only one vote as a commissioner and is not entitled to vote as acting president.

   (B)   If the office of mayor is vacated, the board of commissioners shall appoint by a majority vote one of its commissioners as acting mayor. The acting mayor is invested with all the powers and shall perform all the duties of the mayor, until the election of a mayor.

   (C)   The acting mayor has only one vote as a commissioner and is not entitled to vote as acting mayor.

(SDCL § 9-9-8)