§ 30.038  PRESIDENT AND VICE PRESIDENT; ELECTION; POWERS.
   (A)   At the first regular meeting after the annual election in each year and after the qualification of the newly elected Council members, the Council shall elect from among its own members a President and Vice President, who shall hold their respective offices for the municipal year.
   (B)   The President of the Council in the absence of the Mayor shall be the presiding officer of the council, and during the absence of the Mayor from the first or second class municipality or his or her temporary disability shall be Acting Mayor and possess all the powers of the Mayor. In the absence or disability of the Mayor and President of the Council the Vice President shall perform the duties of the Mayor and President of the Council.
   (C)   However, the President of the Council or Vice President of the Council acting as the Mayor shall only vote as a Council member. No Council member acting as Mayor may vote as the Mayor to break a tie vote.
(SDCL § 9-8-7)