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§ 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
(A) Aldermanic form. The mayor and aldermen shall be elected in the form prescribed by SDCL §§ 9-8-1 et seq.
(SDCL § 9-10-4)
(B) Commission form.
(1) There shall be nine commissioners elected for a three-year, staggered term of office pursuant to SDCL § 9-10-5.
(2) At the first regular meeting in May of each year, the commissioners must elect one of their members to serve as mayor for a term of one year pursuant to SDCL § 9-10-6.
The duties and powers of the mayor shall be as follows:
(A) He or she shall sit as presiding officer over local council or commission.
(B) He or she shall be the recognized head of the municipality for the service of civil process and for military and ceremonial purposes.
(C) He or she may take command of the police of the municipality, appoint special police, and govern the municipality by proclamation during times of public danger or emergency, and during such times he or she shall have such powers and authority to call for assistance, as are given to the mayor by SDCL § 9-29-17.
(D) He or she shall have such further authority and perform such further duties prescribed by ordinance or resolution not inconsistent with the provisions of this chapter, but in no case shall he or she have the right of veto.
(SDCL § 9-10-7)
(A) The manager shall have the following powers:
(1) Power to enforce laws and ordinances.
(2) Power to supervise the administration of affairs for the municipality.
(3) Power to make recommendations to the governing body concerning the affairs of the municipality.
(4) Power to keep the governing body advised of the financial condition and future needs of the municipality.
(5) Power to prepare and submit an annual budget to the governing body no later than August 1 of each year.
(6) Power to ensure that all terms and conditions imposed in favor of the municipality or its inhabitants in any contract or franchise to which the municipality is a party are kept and performed.
(7) Power to be present and take part in discussions at all meetings of the governing body and its committees except when the governing body may be considering the manager's removal.
(8) Power to sign warrants for the payment of money, which shall be countersigned by the auditor. No warrant shall be issued until the claim that been approved by the governing body, except as may be provided by ordinance or resolution.
(9) Power to prepare and introduce ordinances and resolutions to take part in the discussions on all matters before the governing body; however, the manager shall have no vote.
(10) Powers as may be prescribed by ordinance or resolution.
(B) No contract of the manager for the payment of money in excess of $200, except for current necessities, shall be binding upon the municipality unless the payment shall be approved by the governing body.
(SDCL § 9-10-15)
(A) The governing body may appoint the auditor, attorney, library board or trustees and the treasurer.
(B) The auditor and treasurer shall appoint their deputies and employees.
(C) All other officers and employees are appointed by the manager and may be removed by him or her.
(SDCL § 9-10-9)
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