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§ 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)
The manager and every officer of the municipality, whether appointed by the manager or the governing body, shall furnish a bond to the municipality in such form and in such amount as may be required by the governing body. Such bond shall be approved by the governing body and be filed with the auditor.
(SDCL § 9-10-14)
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