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(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)
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)
(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)
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)
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)
ORDINANCES AND RESOLUTIONS
(A) Ordinances must be in the following style:
(1) An Ordinance (Insert Title);
(2) Be it ordained by (city or town) of (insert name of the municipality). The substance of the ordinance follows.
(SDCL § 9-19-6)
(B) Ordinances can only embrace one subject which must be expressed in its title.
(SDCL § 9-19-5)
(A) All ordinances shall be read twice by title with at least five days between each reading. The ordinances, if passed, shall be signed by the mayor or acting mayor or president of the board of trustees, and filed with the finance officer and published once.
(SDCL § 9-19-7)
(B) (1) After being signed and filed, the ordinances must be published at least once in the official newspaper. The only exception to this is that an ordinance incorporating or adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, health, or milk regulations need not be published in newspaper but upon adoption of such an ordinance the auditor or clerk shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and 20 days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.
(SDCL § 9-19-7)
(2) If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to SDCL Chapter 1-25.
(SDCL § 9-19-7.1)
(3) The vote on the second reading of all ordinances must be recorded and published.
(SDCL § 9-19-9)
(C) Amendments to a planning or zoning ordinance may be published without republishing the full ordinance in the section or subsection of the ordinance containing the change is published in its entirety.
(SDCL § 11-4-8)
(D) Resolutions differ from ordinances in that any resolution may be passed after only one reading. The resolution must be recorded at length either separately or in the minutes of the meeting. The votes for and against the resolution must also be published.
(SDCL § 9-19-8)
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