§ 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)

§ 30.061 MEETINGS.

   (A)   The board shall meet at least once each week, or as otherwise determined by ordinance, in regular meeting at a time and place as fixed by the board, to consider, take under advisement, and act on the business as may come before the board.

(SDCL § 9-9-11)

   (B)   A special meeting may be called by the mayor or by any two commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to SDCL § 1-25-1.1 and shall be provided to each commissioner.

(SDCL § 9-9-12)

   (C)   Each meeting of the board is open to the public and the board shall keep a journal of its proceedings.

(SDCL § 9-9-13)

§ 30.062 QUORUM; VOTING.

   (A)   Quorum.

      (1)   A majority of the board constitutes a quorum to do business. If a seat on the board is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining commissioners who are qualified to serve by election or appointment pursuant to SDCL Chapter 9-13. The board may compel the attendance of any absentee under penalties as prescribed by ordinance.

      (2)   No action of the board is effective unless upon a vote of a majority of the board.

(SDCL § 9-9-14)

   (B)   Recording of votes; entry in journal.

      (1)   The yeas and nays shall be taken upon the passage of each ordinance and for any proposal to expend or appropriate money and in any other case at the request of any commissioner.

      (2)   Each vote shall be entered on the journal of the board's proceedings.

(SDCL § 9-9-16)

   (C)   Majority vote required.  The concurrence of a majority of all the members of the board of commissioners shall be necessary to the passage of any such ordinance or proposal.

   (D)   Sale of real property.  A two-thirds vote of the board is required to sell any municipal real property.

(SDCL § 9-9-16)