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(A) All appointed officers, except the auditor and marshal, shall be commissioned by warrant, under the corporate seal, signed by the mayor and auditor. The marshal shall be commissioned by warrant, under the corporate seal, signed by the president of the board of trustees and the clerk.
(B) The mayor shall issue a certificate of appointment under the seal of the municipality to the auditor.
(SDCL § 9-14-4)
The appointed financial official shall have the following duties:
(A) Supervising the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit except that for those municipalities administered under the city manager form of government, the supervision is by the city manager.
(SDCL § 9-14-19)
(B) (1) Keeping an office at a place directed by the governing body.
(2) Keeping the corporate seal, all papers and records of the municipality, and a record of the proceedings of the governing body, whose meetings the finance officer shall attend.
(3) Drawing and countersigning all warrants on the treasury in pursuance of orders or resolutions of the governing body and keep a full and accurate account of all such warrants in books provided for that purpose.
(4) Making or cause to be made estimates of the expenses of any work to be done by the municipality and countersign all contracts made on its behalf and certificates of work authorized by any committee of the governing body or by any municipal officer. However, the finance officer may destroy any record which the records destruction board, acting pursuant to SDCL § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
(SDCL § 9-14-17)
(C) (1) Keeping regular books of account in which shall be entered all indebtedness of the municipality, and which shall at all times show the financial condition of the municipality, the amount of bonds, warrants, certificates, or other evidences of indebtedness issued by the governing body, and the amounts of all bonds, warrants, certificates, or other evidences of indebtedness which have been redeemed and the amount of each outstanding.
(2) Countersigning all bonds, warrants, or other evidences of indebtedness of the municipality and keep accurate accounts of each, stating to whom and for what purpose issued and the amount of the bond, warrant, or other evidence of indebtedness of the municipality. The finance officer shall keep an account with all receiving and disbursing officers of the municipality, showing the amount received from the different sources of revenue and the amount which was disbursed under the direction of the governing body. However, the finance officer may destroy any record which the records destruction board, acting pursuant to SDCL § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
(SDCL § 9-14-18)
(D) Keeping a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the finance officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of all lots that are subject to the proposed special tax or assessment and the amount of the special tax or assessment. The schedule shall be verified by the finance officer's affidavit.
(SDCL § 9-14-20)
When required by the governing body or any officer of the municipality, the municipal attorney shall furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of such officer; conduct the prosecution of all actions or proceedings arising out of the violation of any ordinance; and perform such other professional services incident to his or her office as may be required by ordinance or directed by the governing body.
(SDCL § 9-14-22)
(A) If a municipality chooses to employ or retain a person to serve as a municipal engineer, the municipal engineer shall be a licensed professional engineer under SDCL Chapter 36-18A. If the municipal engineer is not also licensed as a land surveyor under SDCL Chapter 36-18A, the municipal engineer shall delegate any duties that are defined in SDCL Chapter 36-18A as the practice of land surveying to a licensed land surveyor.
(B) The governing body shall by ordinance or agreement prescribe the duties and fix the compensation of the municipal engineer.
(C) All surveys, profiles, plans, or estimates made by the municipal engineer for the municipality are the property of the municipality and shall be carefully preserved in the municipality's office or the office of the municipal engineer and are open to public inspection.
(SDCL § 9-14-24)
(A) Compatible offices.
(1) No mayor, alderman, commissioner, or trustee is disqualified from holding such office in any municipality as a result of holding any liquor license or being the spouse of a person holding any liquor license.
(SDCL § 9-14-16)
(2) (a) The provisions of divisions (A)(1) and (B) do not prohibit any mayor, alderman, commissioner, or trustee from serving in any other volunteer, unsalaried municipal position or providing any service for a municipality if the compensation for such service does not exceed $5,000 per calendar year.
(b) The provisions of divisions (A) (1) and (B) do not prohibit any mayor, alderman, commissioner, or trustee from receiving compensation in excess of $5,000 per calendar year for service to a municipal ambulance service in municipalities of the second or third class.
(SDCL § 9-14-16.1)
(B) Incompatible offices.
(1) No mayor, alderman, commissioner, or trustee shall hold any other office under the municipality while an incumbent of any such office.
(2) No auditor or clerk may hold the office of treasurer in the municipality while an incumbent of such office.
(SDCL § 9-14-16)
Cross-reference:
Regulation and licensing of liquor operations, see Ch. 113
(A) The governing body shall fix and determine by ordinance or resolution the amount of salaries and compensation of all municipal officers and the times at which the same shall be paid.
(SDCL § 9-14-28)
(B) (1) The municipality may appropriate funds to pay the necessary expenses of its officers or employees in conducting such business or attending such meetings within or without the state as the governing body shall determine necessary to carry out its authorized municipal activities.
(SDCL § 9-12-3)
(2) The municipality is authorized to provide the following:
(a) Appropriation of funds to compensate the members of municipal boards and commissions;
(SDCL § 9-12-3.1)
(b) 1. By self insurance, or by purchase from private companies, group life, health and accident insurance, or any one or more of such insurance risks, for their respective employees and officers and the immediate families of such employees and officers, as the terms
EMPLOYEE and OFFICER are defined in SDCL § 9-14-31. Such accident insurance applies only if benefits under the worker's compensation law are not applicable.
(SDCL § 9-14-30)
2. The policy or policies for the insurance provided in division (B)(2)(a), above, may be administered by the municipality through its respective governing bodies, acting individually or jointly through some joint agency created by such governmental subdivisions for carrying out the purposes of SDCL §§ 9-14-30 to 9-14-35, inclusive, or the municipality may contract with any private firm to administer the policies.
(SDCL § 9-14-34)
(c) Inclusion in the municipal insurance program of retired employees and officers and their spouses, provided the officer or employee served for at least 15 years and participated in municipal insurance program at least five years immediately preceding retirement;
(SDCL § 9-14-35)
(d) Appropriation of necessary funds for the cost of all or any portion of the insurance provided by SDCL § 9-14-30 and the deduction from salaries or wages, the employee's or officer's share of the cost of such an insurance program.
(SDCL § 9-14-33)
Each appointive municipal officer shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office in the usual form provided by law. The officer shall file the form within ten days after the first meeting of the month following the appointment. The officer shall hold office until the appointment and qualification of a successor.
(SDCL § 9-14-5)
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