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At the time of the vote, a council member may request to have the reasons for that member’s dissent from, or protest against, any action of the city council entered in the minutes.
(1992 Code, § 2-22) (Ord. 50-95, passed 3-20-1995; Ord. 52-11, passed 7-11-2011)
(a) Except for any action to remove the city attorney under city charter § 4.03 or a city council appointed employee, all proposed ordinances, resolutions and other documents requiring city council approval shall, before presentation to the council, have been approved as to form and legality by the city attorney’s office. All proposed ordinances and resolutions involving substantive matters of administration shall also be reviewed by the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or other document would devolve. The sponsor(s) of any proposed ordinance, resolution or other document shall provide a written background and objective of the proposed item to the city clerk’s office with a completed agenda approval form. The background and objective shall be posted to the city’s website by the city clerk’s office. All proposed ordinances may be assigned or referred to a council committee for consideration and recommendation.
(b) Except for removing the city attorney under city charter § 4.03 or a city council appointed employee, ordinances, resolutions and other matters or subjects requiring action by the city council must be introduced and sponsored by two members of the city council or the mayor. The mayor may present ordinances, resolutions, and other matters or subjects to the city council. Any city council member may move that these ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. The city council members who sponsor any regular agenda item that requires action by the city council shall be identified by name as sponsors on the regular agenda item. Any regular agenda item requiring action by the city council that is sponsored by the mayor shall identify the mayor on the agenda item unless the item is being presented on behalf of a private applicant. Private applicant shall mean those individuals or businesses that make application to the Planning Commission or Public Works Department. Any regular agenda item presented by the mayor on behalf of a private applicant shall identify the applicant by name on the regular agenda item. Any action approving the removal of the city attorney under city charter § 4.03 must be introduced and sponsored by four members of the city council or by the mayor. The title of the motion shall include the following statement: “A motion to approve the removal of {Insert Employee Name} from employment as city attorney with the City of Sioux Falls.” Any action approving the removal of a city council appointed employee must be introduced and sponsored by four members of the city council. The title of the motion shall include the following statement: “A motion to approve the removal of {Insert Employee Name} from employment with the City of Sioux Falls.”
(c) No ordinance shall relate to more than one subject. The subject shall be clearly expressed in the title.
(d) When a proposed ordinance is referred to a committee of the city council, the committee shall give a report of the proposed ordinance’s status to the city council at a subsequent city council meeting or informational meeting. The proposed ordinance shall stand for final action in accordance with the report of the committee, notwithstanding that the committee reports an amended or substituted ordinance, provided that the amendment or substitution is germane to the title of the ordinance originally referred to the committee.
(e) The yes and no votes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the city council.
(f) An affirmative vote of at least five city council members shall be necessary to pass an ordinance. Unless otherwise provided in charter, a resolution, motion or any other proposition may be adopted by a majority of those present. When any vote is called, each city council member shall respond “yes” or “no.”
(g) Upon passage, a number shall be assigned to each ordinance or resolution by the city clerk or the city clerk’s designee.
(h) When passed by the council, unless an ordinance has been vetoed by the mayor, an ordinance shall be signed by the mayor and be attested by the city clerk. If the mayor does not veto an ordinance, but fails to sign the ordinance, the city clerk shall so note the failure to sign on the ordinance, shall attest and file the ordinance.
(i) Any member of the city council may request formal written city attorney opinions relating to city business.
(j) Any member of the city council may, for purposes of inquiry, request verbal or written opinion or advice on city legal matters directly from the city attorney.
(k) When the annual appropriation ordinance authorizes the maximum property tax allowed by law, the annual appropriation ordinance title shall include the following statement: “authorizing an increase in property tax revenue pursuant to SDCL 10-13-35.”
(1992 Code, § 2-23) (Ord. 50-95, passed 3-20-1995; Ord. 117-99, passed 11-15-1999; Ord. 121-99, passed 12-6-1999; Ord. 52-11, passed 7-11-2011; Ord. 24-12, passed 4-2-2012; Ord. 81-15, passed 8-18-2015; Ord. 66-20, passed 8-11- 2020; Ord. 80-22, passed 8-2-2022; Ord. 54-23, passed 7-5-2023)
All reports and resolutions of departments, authorities, boards, committees, commissions, districts and similar organizations shall be filed with the city clerk and referenced in the minutes.
(1992 Code, § 2-24) (Ord. 50-95, passed 3-20-1995)
(a) The council may create agencies, authorities, committees, boards, commissions and districts to assist in the conduct of the operation of the city government with those duties as the council may specify not inconsistent with the city charter, Code of Ordinances, or state law.
(b) Membership and selection of members shall be as provided by the council if not specified by the city charter, Code of Ordinances, or state law.
(c) Any agency, authority, committee, board, commission or district so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the council, unless specifically provided by law.
(d) No agency, authority, committee, board, commission or district so appointed shall have powers other than advisory to the council or the mayor except as otherwise specified by the city charter, Code of Ordinances, or state law.
(e) Except as otherwise provided by this Code or state law, any person appointed to any city agency, authority, board, committee, commission or district shall not serve more than two consecutive full terms of office on the agency, authority, board, committee, commission or district. An appointed person may continue to serve on a city agency, authority, board, committee, commission or district for up to an additional four months after the expiration of his/her term of office until a replacement is appointed and approved. If any person is appointed to serve an unexpired term and serves less than one-half of that remaining unexpired term, then that person would be eligible to serve an additional two consecutive full terms of office. Staggering the terms of office for any board member by appointment to a shorter term is hereby authorized to ensure boards will have experienced members at any given time. If a member is appointed to serve a staggered term that is less than one-half of a full-term for that board, then that member is eligible to serve an additional two consecutive full terms of office.
(f) Citizen appointees who miss more than 50% of the board meetings in any calendar year may be removed by the mayor for cause, unless specifically provided by law.
(g) Except as otherwise provided by this Code or state law, the council may remove any member of an agency, authority, board, committee, commission or district appointed by the council for cause.
(h) Members of agencies, authorities, boards, committees, commissions or districts shall be registered voters of the city unless otherwise specified.
(i) Any vacancy on any board shall be filled for the unexpired term of the member vacating the board in the same manner as is required for a regular appointment.
(1992 Code, § 2-26) (Ord. 50-95, passed 3-20-1995; Ord. 26-99, passed 3-1-1999; Ord. 179-07, passed 11-19-2007; Ord. 36-15, passed 4-14-2015)
Bylaws or rules of procedure for any agency, authority, board, committee, commission, or district must contain the following:
(a) Each member of a city agency, authority, board, committee, commission, or district shall, upon assuming office, receive orientation materials regarding, at a minimum, the form of city government, the city's conflicts of interest ordinance, the state open meeting laws and the basic rules of parliamentary procedure. These materials shall also be available online.
(b) A uniform format for the agenda shall be established. A printed agenda shall be prepared in advance of all meetings of city agencies, authorities, boards, committees, and commissions. Each agenda shall contain, at a minimum, the time and place of the meeting and specific descriptions of the topics to be discussed.
(c) A uniform format shall be established for the taking of minutes. The draft minutes for a meeting shall be posted on the City website within ten working days following the meeting. A set of approved minutes of all meetings of city agencies, authorities, boards, committees, and commissions shall be kept and maintained by the City staff liaison to the agency, authority, board, committee, or commission. Minutes shall contain, at a minimum, a record of attendance, actions taken, numerical results of votes taken and specific descriptions of items discussed.
(d) Each city agency, authority, board, committee, and commission shall conduct a review of its by-laws to reflect any changes in governing law on at least an annual basis. Such review of the by-laws shall be noticed as a regular agenda item and be reflected in the minutes.
(1992 Code, § 2-26.1) (Ord. 82-97, passed 11-17-1997; Ord. 102-07, passed 6-18-2007; Ord. 36-15, passed 4-14-2015)
If a special meeting of the city council is held because of an individual request, that individual shall pay a special meeting fee of $150 to the city clerk’s office prior to the scheduling of the meeting.
(1992 Code, § 2-27) (Ord. 50-95, passed 3-20-1995; Ord. 52-11, passed 7-11-2011)
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