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(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)
(A) The board shall determine the board's rules of procedure, and may punish the board's members for disorderly conduct.
(B) The board may, by resolution, establish requirements for attendance at regular meetings and provide for the expulsion of a member in violation of the attendance requirements.
(SDCL § 9-9-14.1)
The board controls all departments of the municipality and may make and enforce rules and regulations for the organization, management, and operation of the departments of the municipality and any agency that may be created for the administration of the board's affairs.
(SDCL § 9-9-9)
§ 30.065
FIVE-COMMISSIONER CITY.
(A) Mayor's responsibility.
(1) The mayor may exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with the laws of the state.
(2) The mayor is the chief executive officer of the municipality, presides at all meetings of the board, and has general supervision over all departments and officers.
(3) In the absence or inability of a commissioner, the mayor shall temporarily take charge of the department of that commissioner.
(4) The mayor shall enforce all the laws of the municipality and require that the conditions of the grant of any franchise or privilege are faithfully complied with and performed.
(5) The mayor shall grant all licenses or permits, except as are required by ordinance to be granted by the board or by some other department or officer.
(6) The mayor shall supervise each public building of the municipality and each city park except in any municipality that has a park board, and the lighting of the streets, alleys, and public buildings of the municipality.
(7) The mayor shall annually and from time to time give the board information relative to the affairs of the municipality and shall recommend for the board's consideration any measure the mayor deems expedient.
(SDCL § 9-9-20)
(B) Commissioner's responsibility. In a municipality governed by a board of five commissioners, the commissioners shall designate by a majority vote one commissioner to be the commissioner of public safety, one commissioner to be the commissioner of public works, one commissioner to be the commissioner of utilities, and one commissioner to be the commissioner of finance and revenue.
(SDCL § 9-9-18)
(C) Mayor’s and commissioner’s powers and duties. In any municipality governed by a board consisting of five commissioners, the mayor and the commissioners have the powers and duties described in SDCL §§ 9-9-20 to 9-9-24, inclusive, as set forth in division (A), above and division (D) below. In addition, each commissioner shall supervise any other department assigned or apportioned by resolution of the governing board, adopted by a majority vote at the first meeting of the board in the month following the election year. Each commissioner is in charge of the apparatus, personnel, and personal property used by departments under that commissioner's supervision.
(SDCL § 9-9-19)
(D) Specific powers and duties.
(1) Commissioner of public safety. The commissioner of public safety shall supervise the police and fire departments and the departments' officers and employees. The commissioner of public safety is also in charge of animal control within the municipality, including animal impoundments and shelter.
(SDCL § 9-9-21)
(2) Commissioner of public works. The commissioner of public works shall supervise the streets, alleys, public grounds, and municipal improvements, and all public property, except as otherwise specially provided. The commissioner shall maintain the property in a clean and sanitary condition and enforce all contracts, rules, and regulations necessary.
(SDCL § 9-9-22)
(3) Utilities commissioner. The commissioner of utilities shall supervise the construction, maintenance, and operation of the waterworks, sewerage, and any other utility departments of the municipality. The commissioner of utilities shall enforce all regulations with respect to that department and its revenue.
(SDCL § 9-9-23)
(4) Commissioner of finance and revenue. The commissioner of finance and revenue shall enforce all laws for the assessment and collection of taxes of every kind and collection of all revenues belonging to the municipality from whatever source derived. The finance and revenue commissioner shall examine into and keep the board informed on the finances of the municipality and its assets and property.
(SDCL § 9-9-24)
§ 30.066
THREE-COMMISSIONER CITY.
The mayor and commissioners shall have the following responsibilities:
(A) Mayor's responsibilities. The mayor shall exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with state law. The mayor shall be the chief executive officer of the municipality, shall preside at all meetings of the board, and has general supervision over all departments and officers. In the absence or inability of a commissioner, the mayor shall temporarily take charge of the department of the commissioner. The mayor shall see that all the laws of the municipality are enforced and that the conditions of the grant of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all licenses or permits, except as required by ordinance to be granted by the board or by some other department or officer.
(SDCL § 9-9-26)
(B) Commissioner's responsibilities. All matters not designated to the mayor shall be assigned or apportioned as equally as may be between the commissioners by resolution of the board adopted by a majority vote at the first meeting of the board in the month following the election each year.
(SDCL § 9-9-27)
Statutory reference:
Three-Commissioner municipality, division of responsibilities, see SDCL § 9-9-25
ORGANIZATION; CITY-MANAGER FORM
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