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Any officer may be charged, tried, and removed from office for misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality.
(Prior Code, § 31.15)
Statutory reference:
Related provisions, see SDCL § 3-17-6
The removal of any municipal officer from the ward or municipality for which the officer was elected or appointed, or the officer’s failure, within ten days after the first meeting of the month following the election or appointment, to qualify and begin the duties of office, causes a vacancy in the office.
(Prior Code, § 31.16)
Statutory reference:
Related provisions, see SDCL § 9-14-10
MUNICIPAL OFFICERS
(A) The governing board of municipalities shall appoint such officers as needed and provided for by ordinance.
(B) All appointive officers of a municipality governed by a Mayor and Board of Commissioners shall be appointed by the Mayor with the approval of the Board of Commissioners, and in other municipalities they shall be appointed by a majority vote of the members elected to the governing body, except as provided in the City Manager Law and subject to the provisions of the civil service applying to employees, police officers, and firefighters.
(Prior Code, § 31.01)
Statutory reference:
Related provisions, see SDCL § 9-14-3
(A) All appointed officers shall be commissioned by warrant, under the corporate seal, signed by the Mayor.
(B) The Mayor shall issue a certificate of appointment under the seal of the municipality.
(Prior Code, § 31.02)
Statutory reference:
Related provisions, see SDCL § 9-14-4
The appointed Financial Official shall have the following duties:
(A) Supervising the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit, except that for those municipalities administered under the City Administrator form of government, the supervision will be by the City Administrator;
(B) Drawing and countersigning all warrants, bonds, and other evidences of indebtedness, showing the amount paid, to whom it was paid and for what purpose;
(C) Creating estimates on work to be performed and countersigning all contracts;
(D) Keeping a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the Finance Officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of all lots that are subject to the proposed special tax or assessment and the amount of the special tax or assessment. The schedule shall be verified by the Finance Officer’s affidavit;
(E) Destroying any record which the Records Destruction Board declares to have no further administrative, legal fiscal, research, or historical value;
(F) Safekeeping the corporate seal of the municipality, all papers and records, and the mandatory recording of the proceedings of the governing body; and
(G) Attending meetings of the governing body.
(Prior Code, § 31.03)
Statutory reference:
Related provisions, see SDCL §§ 9-14-17, 9-14-18, 9-14-19, and 9-14-20
(A) The Finance Officer shall receive all money belonging to the municipality and shall keep accurate records of the money.
(B) The Finance Officer shall perform all other duties as set out in SDCL §§ 9-22-1 et seq.
(Prior Code, § 31.04)
Statutory reference:
Related provisions, see SDCL § 9-22-2
When required by the governing body or any officer of the municipality, the Municipal Attorney shall:
(A) Furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of such officer;
(B) Conduct the prosecution of all actions or proceedings arising out of the violation of any ordinance; and
(C) Perform such other professional services incident to his or her office as may be required by ordinance or directed by the governing body.
(Prior Code, § 31.05)
Statutory reference:
Related provisions, see SDCL § 9-14-22
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