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The city of Mitchell is and shall be governed under the aldermanic form of government as provided by the laws of the state, with the governing body being the common council consisting of a mayor and two (2) aldermen from each of the four (4) wards of the city. Conduct of government shall be in conformance with the laws of the state and this code. Whenever any provision of this code shall conflict with the laws of the state, the applicable provision of the laws of the state shall be deemed to supersede this code, unless the laws of the state shall permit this code to supersede the applicable provision of the laws of the state. Unless lodged elsewhere, all the corporate and political powers of the city are vested in the common council of the city. (2005 Code)
The mayor shall be the chief executive officer of the city and shall preside over the meetings of the common council. The mayor shall be elected by and from the voters of the city at large at the general municipal election, and shall serve a regular term of three (3) years. Vacancy in the office of mayor shall be filled as provided by law. The mayor shall perform duties and exercise powers as provided by law and ordinance. (Ord. 1926, 1-19-1999; amd. 2005 Code)
The city council shall be the general legislative body of the city. The city council shall consist of two (2) aldermen elected by and from the voters of each of the four (4) election wards of the city, and shall serve a regular term of three (3) years; provided, that the terms of the aldermen from each ward shall be staggered so that the regular terms of the aldermen of a ward shall not expire in the same year. Vacancy in the office of alderman shall be filled as provided by law. The city council shall perform duties and exercise powers as provided by law and ordinance. (Ord. 1926, 1-19-1999; amd. 2005 Code)
A. Regular Meetings: The regular meetings of the city council shall be held on the first and third Mondays in each month of the year at such hour as the city council shall fix from time to time. Regular meetings shall be held in the city hall, unless another site shall be specified. Any regular meeting falling on a legal holiday shall be deemed scheduled on the Tuesday immediately following such Monday holiday.
B. Special Meetings: Special meetings of the city council may be called by the mayor or, in his absence, by the acting mayor. Special meetings may also be called by the finance officer upon written request of three (3) members of the city council. Special meetings of the council shall encompass only such matters as are mentioned in the notice for each special meeting.
1. Notice of special meetings shall include a proposed agenda with the date, time, and location of the meeting. The notice shall be posted and provided in accordance with South Dakota Codified Laws 1-25-1.1 at least twenty four (24) hours prior to the meeting or as far in advance as the circumstances permit.
2. Notice of special meetings shall be provided, in any manner authorized by South Dakota Codified Laws 1-25-1.1, to each council member and to local news outlets requesting notice. (Ord. 2532, 3-21-2016)
A. Election Wards: The land area of the city within the corporate limits shall be divided into four (4) election wards. Each ward will represent a quadrant of the city made by two paths: one primarily north-south (Meridian) and one primarily east-west (Parallel). The Meridian, Parallel, and wards are defined as follows:
Meridian: Beginning at the city’s southern municipal boundary, the path of the Meridian follows Rowley Street north to Havens Avenue, then Havens Avenue west to Sanborn Boulevard, then Sanborn Boulevard north to 4th Avenue, then 4th Avenue east to Duff Street, then Duff Street north to 11th Avenue, then 11th Avenue east to Rowley Street, then Rowley Street north to 15th Avenue, then 15th Avenue east to Main Street, then Main Street north to the city’s northern municipal boundary.
Parallel: Beginning at the city’s western municipal boundary, the path of the Parallel follows 8th Avenue east to Edgerton Street, then Edgerton Street south to 4th Avenue, then 4th Avenue east until the city’s eastern municipal boundary.
Ward One: The area of the city lying south of the Parallel and west of the Meridian.
Ward Two: The area of the city lying south of the Parallel and east of the Meridian.
Ward Three: The area of the city lying north of the Parallel and east of the Meridian.
Ward Four: The area of the city lying north of the Parallel and west of the Meridian.
B. Polling Hours: The election polls for the annual election of officers and any special municipal election will be kept open continuously from seven o'clock (7:00) A.M. until seven o'clock (7:00) P.M.
(Ord. 2041, 3-4-2002; amd. Ord. O2022-04, 3-7-2022)
A. Whenever a president or vice president of the city council must be elected due to vacancy or reorganization required by law, the following procedures shall apply to the election of a member to the officer position.
B. One or more candidates may be nominated from the council membership for an open officer position. Nominating a candidate for a position requires a second. The members nominating and seconding a candidate for a position may nominate or second another candidate for that same position. Nominations will remain open for a position until the council closes nominations by motion and a majority vote of the council. If, when nominations are closed for a position, only one candidate has been nominated, that candidate shall be awarded the office. If, when nominations are closed, two (2) or more candidates have been nominated, the council shall conduct an election.
C. When an election is required for an officer position on the council, such vote will be done by voice roll call with each member indicating their preferred candidate by name. The candidate receiving five (5) or more votes from the council membership shall be awarded the position. If no candidate receives five (5) votes, then the further provisions of this chapter shall apply.
D. In the event of an election for an officer position on the council where there are three (3) or more candidates and no single candidate receives five (5) votes, the council will re-vote. However, before the re-vote, the candidate who received the fewest number of votes shall be automatically removed from contention. If there are two (2) candidates that received the same number of votes which is also the lowest number of votes, then the chair of the meeting shall conduct a coin flip and the loser of the coin flip shall be removed from contention. Once only two (2) candidates remain, and upon re-vote of the last two (2) remaining candidates neither receives five (5) votes, then neither candidate shall be removed automatically. At that point, the winning candidate shall be selected from the two (2) remaining candidates by a coin flip conducted by the chair of the meeting and the winner shall be awarded the position.
E. The city council may vote to modify these procedures by majority vote. However, the modifications to the election procedures shall only be effective for one (1) election of one (1) officer position at a time and shall terminate upon a candidate being awarded the position. To permanently change these procedures, the council must do so by ordinance.
F. When electing officers, other city boards, commissions, or other committees shall use these election procedures unless other election procedures have been established for that board, commission, or other committee by federal, state or local law. However, if the board, commission or other committee has more or less than eight (8) members, then the number of votes needed to elect an officer shall be a majority of such board, commission, or other committee. Such boards, commissions, or other committees may also vote to change their procedures by majority vote. However, the changes to the election procedures shall only be effective for one (1) election of one (1) officer position at a time and shall terminate upon a candidate being awarded the position. Permanent changes to the election procedures for city boards, commissions, and committees must be approved by the city council by ordinance.
(Ord. O2024-06, 8-19-2024)