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(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)
The city may assign for collection any or all delinquent accounts receivable. After reasonable collection efforts for accounts receivable under $5,000, the city finance officer may determine that an account is uncollectible, and direct that the uncollectible amount be removed from the records and disclosed on that year’s financial report. For accounts receivable of $5,000 or more, the city council shall determine that an account is uncollectible, and direct that the uncollectible amount be removed from the records and disclosed on that year’s financial report. Evidence of the debt removed from the records by the formal action of the finance officer or the city council shall be retained by the city to support possible subsequent collection of that debt.
(1992 Code, § 2-28) (Ord. 43-95, passed 3-6-1995)
(a) Inquiries as referenced in § 2.05(c) of the city charter shall refer to individual and collective requests by the city council for information relevant to the performance of the council’s legislative and policy making duties. Information relevant to council legislative and policy making duties may not be unreasonably withheld. This section shall not authorize the public disclosure of material that is confidential or privileged under federal, state or local law, or material the public disclosure of which otherwise would constitute an unwarranted invasion of personal privacy.
(b) The city attorney shall deliver to the city council, within seven days of its receipt, a copy of any notice of intent to sue which is received by the city pursuant to SDCL 3-21 and any lawsuit filed in circuit court against the city of Sioux Falls.
(1992 Code, § 2-29) (Ord. 56-99, passed 5-17-1999; Ord. 21-18, passed 3-6-2018)
ADMINISTRATIVE APPEALS
(a) Any party who is harmed by any action or decision of any agency or major organizational unit of the city concerning an administrative decision of a city official or officials from which an appeal is not otherwise provided may appeal the decision. The party who wishes to appeal is referred to as the “appellant.” An independent hearing examiner, who must be a member in good standing of the State Bar of South Dakota, shall be assigned to hear the appeal.
(b) Appeals shall be commenced by filing a written notice of appeal with the responsible agency or major organizational unit either in person or postmarked within 15 days of the decision. The written notice of appeal shall be printed legibly or typed and contain the following information:
(1) The reasons the appellant believes the administrative citation or decision is objectionable, incorrect or illegal;
(2) The amount and type of claim or dispute involved and the time during which it accrued or occurred;
(3) The name, address and telephone number of the appellant;
(4) The number of the citation being appealed, if applicable;
(5) A statement indicating whether the appellant desires the administrative appeal hearing to be open or closed to the public. All administrative appeal hearings are presumed to be open to the public. If either party requests a hearing that is closed to the public, the party requesting the closed hearing must present good cause to the hearing examiner that the public interest in having an open hearing is outweighed by the privacy interest involved in a particular case or that a closed hearing is legally required based upon the nature of the evidence to be presented at the administrative appeal hearing;
(6) If the appellant is to be represented by a legal representative, the name, address and telephone number of the representative; and
(7) The signature of the appellant, legal representative and/or corporate agent.
(c) A processing fee of $50 shall be paid by cash, check or certified funds simultaneously with the filing of the notice of appeal. Any party who requests a hearing to contest an administrative citation and/or decision and is financially unable to pay the processing fee may file a request for a hardship waiver in lieu of the processing fee. The request for hardship waiver must be filed simultaneously with the filing of the notice of appeal. The party requesting the hardship waiver must submit a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the independent hearing examiner the party’s financial inability to deposit with the city the full amount of the processing fee. Written proof of financial hardship at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the party is unable to pay the processing fee. The hearing examiner shall issue a written decision specifying the reasons for granting or denying a hardship waiver. The decision of the independent hearing examiner regarding the hardship waiver shall be final and shall be mailed by first class mail to the party requesting the waiver. If the request for a hardship waiver of the processing fee is denied, the party shall pay the $50 processing fee within five days of the written decision or prior to the administrative appeal hearing, whichever occurs first. If the processing fee is not paid in full pursuant to these provisions, the request for hearing shall be deemed incomplete and waived and the administrative decision shall be deemed final. The processing fee is not refundable except as provided in § 30.045. Compliance with the above time limit, notice of appeal contents and payment of the processing fee or granting of a hardship waiver shall be jurisdictional prerequisites to any appeal. Failure to comply with any of these requirements shall be deemed to waive the right to a hearing.
(d) If the appellant complies with the jurisdictional requirements for an appeal, then the city will take no further action to enforce the fine, penalty or result until the hearing examiner renders a final decision. However, the provisions for prior notice and hearing may be dispensed with when, in the opinion of the director of the responsible agency or major organizational unit of the city, immediate action is necessary to summarily abate a dangerous condition on public or private property or there is an imminent threat to life or safety on public or private property. The director shall take only such action as is reasonably necessary to summarily abate the danger, and then the city will take no further action to enforce the fine, penalty or result until the hearing examiner renders a final decision.
(e) The director of the responsible agency or major organizational unit, or his or her designee, shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 2-60) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)
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