§ 30.085 REMOVAL OF CITY MANAGER.

   (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)

§ 30.086 REGULAR AND SPECIAL MEETINGS.

   The governing body of any first or second class municipality employing a manager shall hold its regular meetings on the first Monday of each month at such hour as may be fixed by it. It may prescribe by ordinance the manner in which special meetings may be called and may also so change the date of its regular monthly meetings and so provide for regular meetings oftener than once a month.

(SDCL §  9-10-8)

§ 30.087 QUALIFICATIONS AND APPOINTMENT OF CITY MANAGER; RESIDENCE; RESTRICTION ON APPOINTMENT OF FORMER MEMBER OF GOVERNING BODY.

   (A)   The manager shall be chosen by the governing body on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of accepted practices in respect to the duties of his or her office. At the time of his or her appointment he or she need not be a resident of the city or state, but during his or her tenure of office he or she shall reside within the city.

   (B)   No person elected to membership on the governing body shall be eligible for appointment as manager until one year has elapsed following the expiration of the term for which he or she was elected.

(SDCL § 9-10-10)

§ 30.088 ABSENCE, DISABILITY, OR SUSPENSION OF CITY MANAGER.

   In case of the absence or disability of the manager or in case of his or her suspension as provided in SDCL § 9-10-11, the governing body may designate a qualified administrative officer of the first or second class municipality to perform the duties of the manager during such absence, disability, or suspension.

(SDCL §  9-10-12)

§ 30.089 RESPONSIBILITY OF CITY MANAGER; POWER TO APPOINT AND REMOVE OFFICERS AND EMPLOYEES.

   The manager shall be responsible to the governing body for the proper administration of all affairs of the first or second class municipality placed in his or her charge. To that end, except as otherwise provided by law, he or she shall have power to appoint and remove all officers and employees in the administrative service of the municipality and may authorize the head of any department or office responsible to him or her to appoint and remove subordinates in the department or office. Appointments made by or under the authority of the manager shall be made without definite term on the basis of executive and administrative ability and of the training and experience of such appointees in the work which they are to perform.

(SDCL § 9-10-13)

§ 30.090 INCONSISTENT STATUTES INAPPLICABLE.

   Provisions of the statutes governing first or second class municipalities inconsistent with this chapter shall be inapplicable to municipalities employing a City Manager.

(SDCL § 9-10-18)

ORDINANCES AND RESOLUTIONS