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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)
(A) The manager shall be appointed for an indefinite term but may be removed by majority vote of the members of the governing body. At least 30 days before such removal may become effective, the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of such governing body stating the intention of such governing body to remove him or her, and the reasons therefor. He or she may reply in writing to such resolution. If so requested by the manager, the governing body shall fix a time for a public hearing upon the question of his or her removal, and the final resolution removing him or her shall not be adopted until such public hearing has been held.
(B) Upon passage of a resolution stating the governing body's intention to remove the manager, such governing body may suspend him or her from duty, but his or her pay shall continue until his or her removal shall become effective as herein provided. The action of the governing body in removing the manager shall be final.
(SDCL § 9-10-11)
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