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When a vacancy exists in a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election. There shall not be a special election held to fill a vacancy before the date of the annual municipal election.
(Prior Code, § 30.003)
ORGANIZATION; BOARD OF COMMISSIONERS FORM
(A) Qualifications. A person shall be eligible to nomination or election as a member of the Board of Commissioners if he or she shall be a citizen of the United States and a resident and voter of the municipality.
(B) Terms of office.
(1) The term of office of the members of the Board of Commissioners including the Mayor, shall be for a term of three years as determined by this chapter.
(2) At the annual election preceding the expiration to the term of office of the Mayor or any Commissioner, a successor shall be elected for a term of three years as determined by this chapter.
(Prior Code, § 30.056)
(Ord. 1.10.01-T, passed 3-24-2011)
Statutory reference:
Related provisions, see SDCL § 9-9-2
(A) Resignation and vacancies.
(1) If the Mayor or a Commissioner resigns, the resignation shall be submitted in writing to the Board of Commissioners.
(2) If the Mayor or a Commissioner moves his or her permanent residence outside the corporate limits of the municipality, the office is immediately vacated.
(3) If there is a vacancy in the office of Mayor, the vacancy shall be filled by appointment pursuant to SDCL § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in SDCL § 9-13-14.2. A vacancy on the Board of Commissioners shall be filled as provided in SDCL §§ 9-13-14.1 or 9-13-14.2.
(Prior Code, § 30.060)
(B) Procedure to fill vacancies. In case of a vacancy in the office of Mayor, the Board of Commissioners shall appoint by a majority vote of all the members thereof one of its number as acting Mayor, who shall be invested with all the powers and shall perform all the duties of the Mayor, until the election of a Mayor.
(Prior Code, § 30.061)
(C) Acting Mayor during vacancy in office. In case the Mayor is unable to perform the duties of his or her office by reason of absence or sickness, the Board of Commissioners shall appoint by a majority vote of all members thereof one of its members to act in his or her stead, whose official designation shall be acting President of the Board of Commissioners. The Commissioner so appointed shall be invested with all the powers and shall perform all the duties of the Mayor during such absence or sickness.
(Prior Code, § 30.062)
Statutory reference:
Related provisions, see SDCL §§ 9-9-6 and 9-9-8
(A) The Commissioners shall meet on the first and third week of each month in regular session at such time as shall be fixed by the Board of Commissioners at the City Hall or other designated place, to consider, take under advisement, and act upon such business as may come before it.
(B) A special meeting may be called by the Mayor or by any two Commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to SDCL § 1-25-1.1 and shall be provided to each Commissioner.
(C) Each meeting of the Board of Commissioners is open to the public and the Board of Commissioners shall keep a journal of its proceedings.
(Prior Code, § 30.063)
Statutory reference:
Related provisions, see SDCL §§ 9-9-11, 9-9-12, and 9-9-13
(A) Quorum.
(1) A majority of the Board of Commissioners constitutes a quorum to do business. If a seat on the Board of Commissioners is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining Commissioners who are qualified to serve by election or appointment pursuant to SDCL Chapter 9-13. The Board of Commissioners may compel the attendance of any absentee under penalties as prescribed by ordinance.
(2) No action of the Board of Commissioners is effective unless upon a vote of a majority of the Board of Commissioners.
(B) Recording of votes; entry in journal.
(1) The yeas and nays shall be taken upon the passage of each ordinance and for any proposal to expend or appropriate money and in any other case at the request of any Commissioner.
(2) Each vote shall be entered on the journal of the Board of Commissioner’s proceedings.
(C) Majority vote required. The concurrence of a majority of all the members of the Board of Commissioners shall be necessary to the passage of any such ordinance or proposal.
(D) A two-thirds vote of the Board of Commissioners is required to sell any municipal real property.
(Prior Code, § 30.064)
Statutory reference:
Related provisions, see SDCL §§ 9-9-9, 9-9-14, and 9-9-16
The Board of Commissioners controls all departments of the city and may make and enforce rules and regulations for the organization, management, and operation of the departments of the city and any agency that may be created for the administration of the Board of Commissioners’ affairs.
(Prior Code, § 30.065)
Statutory reference:
Related provisions, see SDCL § 9-9-9
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