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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national organization prescribing building, electrical, plumbing, safety, fire, health, or milk regulations need not be published in newspaper but upon adoption of such an ordinance the auditor or clerk shall publish a notice of the fact of adoption once a week for two successive weeks in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)
Unless an ordinance or resolution is drawn to take effect immediately upon passage, all ordinances and resolutions become effective on the twentieth day after passage and publication, unless suspended by operation of a referendum.
(SDCL § 9-19-13)
(A) Municipalities can compile the ordinances of the municipality in book form provided that while compiling the ordinances they are not revised or amended. The finance officer shall furnish a free copy of the newly compiled book to the circuit clerk of court and the county law library of each county in which the municipality is situated.
(SDCL § 9-19-15)
(B) Every municipality also has the power to revise their ordinances once every five years.
(SDCL § 9-19-16)
(C) (1) Upon the adoption of an ordinance which revises the ordinances of the municipality by the governing body, the auditor or clerk shall publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty days after the completed publication of the notice, unless the referendum is invoked, the ordinance shall become effective without publication in a newspaper.
(2) The governing body may publish the revised ordinances in book form. The auditor or clerk shall furnish a free copy of the book or the revised ordinances to the circuit clerk of court and the county law library of each county in which the municipality is situated.
(SDCL § 9-19-17)
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