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The management and control of the Faith Municipal Utilities is vested in the City Council. The City Council may take any and all action it deems advisable in the furtherance of any utilities or enterprises now existing or hereafter acquired under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. These powers shall not be limited except to the extent expressly prohibited by the Constitutions of the United States or State of South Dakota, or this Charter.
ARTICLE VII. GENERAL PROVISIONS
The use of public office for private gain is prohibited. The City Council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official, including the use of confidential information; and appearances by City officials before other City agencies on behalf of private interests. The appearance of impropriety shall be avoided. Municipal officials shall be, at a minimum, restricted from conflict of interest to the same extent that state public officials are bound by state law; provided however, that the City Council may adopt an ordinance setting a stricter standard.
a. Activities Prohibited:
1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, gender, age, handicap, religion, country of origin, or political affiliation.
2. No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made hereunder, or in any manner commit any fraud preventing the impartial execution of such provisions, rules and regulations.
3. No person who seeks appointment or promotion with respect to any appointive City office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with any test, appointment, proposed appointment or promotion.
4. No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription, or contribution for any political party or political purpose to be used in conjunction with any City election from any City employee.
5. No City employee shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any City office. The expression of private or personal views concerning candidates for political office is not prohibited. Violation of this section shall be grounds for discharge or other disciplinary action.
b. Penalties: Any violation of this section shall be sufficient cause for the suspension, demotion, or termination of the employment of any City employee found to be in violation of this Section. The City Council shall establish by ordinance such further penalties as it may deem appropriate.
ARTICLE VIII. CHARTER AMENDMENT
Amendments to this Charter may be framed and proposed:
a. In the manner provided by law, or
c. By the voters of the City, when any 50 qualified voters initiate proceedings to amend the Charter by filing with the finance officer an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed Charter amendment. Promptly after the affidavit of the petitioners’ committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners’ committee. The petitions shall contain or have attached thereto throughout their circulation the full text of the proposed Charter amendment and must be signed by registered voters of the City in the number of at least ten (10%) percent of those individuals actually voting in the City in the preceding gubernatorial election.
Upon delivery by the finance officer of an adopted ordinance proposing an amendment pursuant to § 8.01(b) or a petition finally determined sufficient to propose an amendment pursuant to § 8.01(d), the election authorities shall submit the proposed amendment to the voters of the City in an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the City at least 30 days prior to the date of the election. If the amendment is proposed by petition, the amendment may be withdrawn at any time prior to the 13th day preceding the day scheduled for the election by filing with the finance officer a request for withdrawal signed by at least a two-thirds of the members of the petitioners’ committee. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the City Council shall provide for a special election on the proposed amendment as specified in the state election law.
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