reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-10 - Recording of votes by council members--Number of votes required for action.

9-8-10. Recording of votes by council members--Number of votes required for action.
A roll call vote shall be taken upon the passage of all ordinances and upon any proposal to expend or appropriate money, and in all other cases at the request of any member. All votes shall be entered in the minutes of its proceedings.
The majority vote of the aldermen shall be necessary to pass an ordinance or proposal which expends or appropriates money, and the mayor may not break a tie on an ordinance or proposal to expend or appropriate money. The mayor may break a tie on all other ordinances or proposals.
A two-thirds vote of the aldermen is required to sell any city property.
Source:
SL 1890, ch 37, art IV, §12; RPolC 1903, §1209; RC 1919, §6215; SDC 1939, §45.0707; SL 1992, ch 60, §2; SL 2017, ch 56, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-11 - Reconsideration of council action.

9-8-11. Reconsideration of council action.
A vote of the council may be reconsidered or rescinded at a regular or special meeting if a quorum is present and a majority vote to reconsider or rescind the action.
Source:
SL 1890, ch 37, art IV, §13; RPolC 1903, §1210; RC 1919, §6216; SDC 1939, §45.0708; SL 2017, ch 56, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-1 - Composition of board of commissioners.

9-9-1. Composition of board of commissioners.
Under the commission form, where a city manager is not employed, the board of commissioners shall consist of the mayor and two or four commissioners elected at large.
Source:
SL 1913, ch 119, §10; RC 1919, §6219; SDC 1939, §45.0801.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-2 - Qualifications of mayor and commissioner.

9-9-2. Qualifications of mayor and commissioner.
A person may be nominated, elected, or appointed as a mayor or as a commissioner if the person is a citizen of the United States and voter and resident of the municipality.
Source:
SL 1913, ch 119, §22; RC 1919, §6220; SDC 1939, §45.0802; SL 1970, ch 56, §1; SL 1972, ch 154, §22; SL 2018, ch 49, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-3 - Terms of office of mayor and commissioners.

9-9-3. Terms of office of mayor and commissioners.
The term of office of the mayor and commissioners shall be not less than two or more than five years as determined by ordinance, except that at the first election after the adoption of the commission form of government the mayor's term shall be for five years and the commissioners shall be elected for staggered terms. If the number of commissioners is four, one shall be elected for one year, one for two years, one for three years, and one for four years. If the number of commissioners is two, one shall be elected for two years and one for four years. At the annual election preceding the expiration of the term of office of the mayor or any commissioner, a successor shall be elected for a term not to exceed five years as determined by ordinance.
Source:
SL 1913, ch 119, §10; RC 1919, §6221; SDC 1939, §45.0802; SL 1984, ch 53, §2; SL 2014, ch 50, §3; SL 2018, ch 49, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-6 - Resignation of mayor or commissioner--Office vacated for move--Filling of vacancy.

9-9-6. Resignation of mayor or commissioner--Office vacated for move--Filling of vacancy.
If the mayor or a commissioner resigns, the resignation shall be submitted in writing to the board.
If the mayor or a commissioner moves his or her permanent residence outside the corporate limits of the municipality, the office is immediately vacated.
If there is a vacancy in the office of mayor, the vacancy shall be filled by appointment pursuant to §9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in §9-13-14.2. A vacancy on the board shall be filled as provided in §9-13-14.1 or 9-13-14.2.
Source:
SL 1913, ch 119, §16; RC 1919, §6223; SDC 1939, §45.0804; SL 1968, ch 181; SL 1979, ch 50, §4; SL 1992, ch 60, §2; SL 2005, ch 48, §3; SL 2018, ch 49, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-7 - Mayor as president of board--Voting power.

9-9-7. Mayor as president of board--Voting power.
The mayor shall be president of the board and shall have a vote upon all questions but shall not have the right of veto.
Source:
SL 1913, ch 119, §10; RC 1919, §6219; SDC 1939, §45.0801.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-8 - Absence or sickness of mayor--Acting president--Acting mayor.

9-9-8. Absence or sickness of mayor--Acting president--Acting mayor.
If the mayor is unable to perform the duties of office by reason of absence or sickness, the board shall appoint by a majority vote one of its members to act as mayor. The appointed commissioner's official designation shall be acting president of the board of commissioners. The acting president is invested with all the powers and shall perform all the duties of the mayor during the mayor's absence or sickness. The acting president has only one vote as a commissioner and is not entitled to vote as acting president.
If the office of mayor is vacated, the board of commissioners shall appoint by a majority vote one of its commissioners as acting mayor. The acting mayor is invested with all the powers and shall perform all the duties of the mayor, until the election of a mayor.
The acting mayor has only one vote as a commissioner and is not entitled to vote as acting mayor.
Source:
SL 1913, ch 119, §21; RC 1919, §6227; SDC 1939, §45.0808; SL 1968, ch 182, §1; SL 2018, ch 49, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-9 - Board control of departments.

9-9-9. Board control of departments.
The board controls all departments of the municipality and may make and enforce rules and regulations for the organization, management, and operation of the departments of the municipality and any agency that may be created for the administration of the board's affairs.
Source:
SL 1913, ch 119, §18; SL 1915, ch 113, §2; RC 1919, §6224; SDC 1939, §45.0805; SL 1992, ch 60, §2; SL 2018, ch 49, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-10 - Attendance of witnesses and production of documents--Service of process.

9-9-10. Attendance of witnesses and production of documents--Service of process.
The board has the authority to summon and compel the attendance of witnesses and the production of books and papers if it is necessary for the effective discharge of the board's duties. Any process necessary to enforce the powers conferred by this section and §9-9-9 shall be signed by the mayor and attested by the finance officer, and shall be served by a municipal law enforcement officer or by the sheriff of the county.
Source:
SL 1913, ch 119, §18; SL 1915, ch 113, §2; RC 1919, §6224; SDC 1939, §45.0805; SL 2018, ch 49, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-11 - Regular meetings of board.

9-9-11. Regular meetings of board.
The board shall meet at least once each week, or as otherwise determined by ordinance, in regular meeting at a time and place as fixed by the board, to consider, take under advisement, and act on the business as may come before the board.
Source:
SDC 1939, §45.0810; SL 1999, ch 38, §1; SL 2018, ch 49, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-12 - Special meetings of commissioners.

9-9-12. Special meetings of commissioners.
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 §1-25-1.1 and shall be provided to each commissioner.
Source:
SL 1913, ch 119, §31; RC 1919, §6229; SDC 1939, §45.0810; SL 1992, ch 60, §2; SL 2018, ch 49, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-13 - Board meetings open to public--Journal of proceedings .

9-9-13. Board meetings open to public--Journal of proceedings.
Each meeting of the board is open to the public and the board shall keep a journal of its proceedings.
Source:
SL 1913, ch 119, §§31, 33; RC 1919, §§6228, 6229; SDC 1939, §45.0810; SL 2018, ch 49, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-14 - Quorum of board--Majority vote required for action.

9-9-14. Quorum of board--Majority vote required for action.
A majority of the board constitutes a quorum to do business. If a seat on the board 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 chapter 9-13. The board may compel the attendance of any absentee under penalties as prescribed by ordinance.
No action of the board is effective unless upon a vote of a majority of the board.
Source:
SL 1913, ch 119, §§31, 32; RC 1919, §§6229, 6230; SDC 1939, §45.0810; SL 2018, ch 49, §12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-14.1 - Rules of procedure--Attendance requirements.

9-9-14.1. Rules of procedure--Attendance requirements.
The board shall determine the board's rules of procedure, and may punish the board's members for disorderly conduct. The board may, by resolution, establish requirements for attendance at regular meetings and provide for the expulsion of a member in violation of the attendance requirements.
Source:
SL 2018, ch 49, §13.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-16 - Voting of commissioners--Entry in journal.

9-9-16. Voting of commissioners--Entry in journal.
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. Each vote shall be entered on the journal of the board's proceedings. A two-thirds vote of the board is required to sell any municipal real property.
Source:
SL 1913, ch 119, §33; RC 1919, §6228; SDC 1939, §45.0809; SL 1992, ch 60, §2; SL 2018, ch 49, §15.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-18 - Designation of areas of responsibility in five-commissioner municipalities.

9-9-18. Designation of areas of responsibility in five-commissioner municipalities.
In a municipality governed by a board of five commissioners, the commissioners shall designate by a majority vote one commissioner to be the commissioner of public safety, one commissioner to be the commissioner of public works, one commissioner to be the commissioner of utilities, and one commissioner to be the commissioner of finance and revenue.
Source:
SL 1913, ch 119, §18; SL 1915, ch 113, §2; RC 1919, §6224; SDC 1939, §45.0805; SL 1991, ch 69, §1; SL 2018, ch 49, §17.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-19 - Powers of mayor and commissioners in five-commissioner municipalities.

9-9-19. Powers of mayor and commissioners in five-commissioner municipalities.
In any municipality governed by a board consisting of five commissioners, the mayor and the commissioners have the powers and duties described in §§9-9-20 to 9-9-24, inclusive. In addition, each commissioner shall supervise any other department assigned or apportioned by resolution of the governing board, adopted by a majority vote at the first meeting of the board in the month following the election year. Each commissioner is in charge of the apparatus, personnel, and personal property used by departments under that commissioner's supervision.
Source:
SL 1913, ch 119, §19; SL 1915, ch 113, §3; RC 1919, §6225; SDC 1939, §45.0806; SL 1992, ch 60, §2; SL 2018, ch 49, §18.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-20 - Mayor's area of responsibility in five-commissioner municipality.

9-9-20. Mayor's area of responsibility in five-commissioner municipality.
If any municipality is governed by a board consisting of five commissioners, the mayor may exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with the laws of the state. The mayor is the chief executive officer of the municipality, presides at all meetings of the board, and has general supervision over all departments and officers. In the absence or inability of a commissioner, the mayor shall temporarily take charge of the department of that commissioner. The mayor shall enforce all the laws of the municipality and require that the conditions of the grant of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all licenses or permits, except as are required by ordinance to be granted by the board or by some other department or officer. The mayor shall supervise each public building of the municipality and each city park except in any municipality that has a park board, and the lighting of the streets, alleys, and public buildings of the municipality. The mayor shall annually and from time to time give the board information relative to the affairs of the municipality and shall recommend for the board's consideration any measure the mayor deems expedient.
Source:
SL 1913, ch 119, §19; SL 1915, ch 113, §3; RC 1919, §6225; SDC 1939, §45.0806 (1); SL 1992, ch 60, §2; SL 2018, ch 49, §19.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-21 - Commissioner of public safety in five-commissioner municipality.

9-9-21. Commissioner of public safety in five-commissioner municipality.
If any municipality is governed by a board consisting of five commissioners, the commissioner of public safety shall supervise the police and fire departments and the departments' officers and employees. The commissioner of public safety is also in charge of animal control within the municipality, including animal impoundments and shelter.
Source:
SDC 1939, §45.0806 (2); SL 1991, ch 69, §2; SL 2000, ch 35, §1; SL 2018, ch 49, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-22 - Commissioner of public works in five-commissioner municipality.

9-9-22. Commissioner of public works in five-commissioner municipality.
If a municipality is governed by a board consisting of five commissioners, the commissioner of public works shall supervise the streets, alleys, public grounds, and municipal improvements, and all public property, except as otherwise specially provided. The commissioner shall maintain the property in a clean and sanitary condition and enforce all contracts, rules, and regulations necessary.
Source:
SDC 1939, §45.0806 (3); SL 1991, ch 69, §3; SL 2000, ch 35, §2; SL 2018, ch 49, §21.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-23 - Commissioner of utilities in five-commissioner municipality.

9-9-23. Commissioner of utilities in five-commissioner municipality.
If a municipality is governed by a board consisting of five commissioners, the commissioner of utilities shall supervise the construction, maintenance, and operation of the waterworks, sewerage, and any other utility departments of the municipality. The commissioner of utilities shall enforce all regulations with respect to that department and its revenue.
Source:
SDC 1939, §45.0806 (4); SL 1991, ch 69, §4; SL 2000, ch 35, §3; SL 2018, ch 49, §22.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-24 - Commissioner of finance and revenue in five-commissioner municipality.

9-9-24. Commissioner of finance and revenue in five-commissioner municipality.
If a municipality is governed by a board consisting of five commissioners, the commissioner of finance and revenue shall enforce all laws for the assessment and collection of taxes of every kind and collection of all revenues belonging to the municipality from whatever source derived. The finance and revenue commissioner shall examine into and keep the board informed on the finances of the municipality and its assets and property.
Source:
SDC 1939, §45.0806 (5); SL 1991, ch 69, §5; SL 2000, ch 35, §4; SL 2018, ch 49, §23.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-25 - Division of responsibilities in three-commissioner municipalities.

9-9-25. Division of responsibilities in three-commissioner municipalities.
If a municipality is governed by a board consisting of three commissioners, the mayor and commissioners have the powers and duties described in §§9-9-26 and 9-9-27.
Source:
SL 1913, ch 119, §19; SL 1915, ch 113, §3; RC 1919, §6226; SDC 1939, §45.0807; SL 1992, ch 60, §2; SL 2018, ch 49, §24.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-26 - Mayor's powers and duties in three-commissioner municipality.

9-9-26. Mayor's powers and duties in three-commissioner municipality.
If a municipality is governed by a board consisting of three commissioners, the mayor shall exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with state law. The mayor shall be the chief executive officer of the municipality, shall preside at all meetings of the board, and has general supervision over all departments and officers. In the absence or inability of a commissioner, the mayor shall temporarily take charge of the department of the commissioner. The mayor shall see that all the laws of the municipality are enforced and that the conditions of the grant of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all licenses or permits, except as required by ordinance to be granted by the board or by some other department or officer.
Source:
SL 1913, ch 119, §19; SL 1915, ch 113, §3; RC 1919, §6226; SDC 1939, §45.0807 (1); SL 1992, ch 60, §2; SL 2018, ch 49, §25.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 09 - Commissioner Form Of Government › Section 9-9-27 - Commissioners' areas of responsibility in three-commissioner municipality.

9-9-27. Commissioners' areas of responsibility in three-commissioner municipality.
If a municipality is governed by a board consisting of three commissioners, all matters not designated to the mayor shall be assigned or apportioned as equally as may be between the commissioners by resolution of the board adopted by a majority vote at the first meeting of the board in the month following the election each year.
Source:
SDC 1939, §45.0807 (2); SL 1992, ch 60, §2; SL 2000, ch 35, §5; SL 2018, ch 49, §26.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-1 - Petition for employment of city manager--Election.

9-10-1. Petition for employment of city manager--Election.
If a petition signed by fifteen percent of the registered voters of any first or second class municipality as determined by the total number of registered voters at the last preceding general election is presented requesting that an election be called to vote upon the proposition of employing a city manager, the governing body shall call an election for that purpose. Upon receipt of a valid petition, the question shall be presented at the next annual municipal election or the next general election, whichever is earlier. However, the governing body may expedite the date of the election by ordering, within ten days of receiving the petition, a special election to be held on a Tuesday not less than thirty days from the date of the order of the governing body.
The election shall be held upon the same notice and conducted in the same manner as other municipal elections. The vote upon the question of employing a city manager shall be by ballot which conforms to a ballot for statewide question except that the statement required to be printed on the ballot shall be prepared by the municipal attorney.
Source:
SL 1918, ch 57, §1; RC 1919, §6231; SL 1935, ch 158, §§2, 11; SDC 1939, §45.0901; SL 1988, ch 63, §5; SL 1992, ch 60, §2; SL 2006, ch 29, §5; SL 2011, ch 42, §1, eff. March 14, 2011.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-2 - Waiting period after rejection of city manager proposition by voters.

9-10-2. Waiting period after rejection of city manager proposition by voters.
When there has been an election as provided in §9-10-1 and when the proposition to employ a city manager has failed to receive a majority vote, such proposition shall not be again submitted for the period of one year.
Source:
SL 1935, ch 158, §2; SDC 1939, §45.0901.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-3 - Employment of city manager after approval by voters.

9-10-3. Employment of city manager after approval by voters.
When authorized by a majority vote of all voters voting at a special election to be called for that purpose, the governing body of any first or second class municipality shall employ a city manager and fix his compensation.
Source:
SL 1917, ch 303, §8; SL 1918, ch 57, §§1, 2; RC 1919, §6236; SL 1935, ch 158, §2; SDC 1939, §45.0901; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-4 - Mayor and aldermen elected in first or second class municipality under aldermanic form.

9-10-4. Mayor and aldermen elected in first or second class municipality under aldermanic form.
In first or second class municipalities under the aldermanic form employing a city manager, a mayor, and aldermen shall be elected as for such municipalities not employing a city manager.
Source:
SL 1935, ch 158, §6; SDC 1939, §45.0905; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-5 - Number, election, and terms of office of commissioners in commission-governed municipalities.

9-10-5. Number, election, and terms of office of commissioners in commission-governed municipalities.
In all commission-governed municipalities employing a city manager the number of commissioners shall be nine, whose terms of office shall be three years. At the first election thereof there shall be elected nine commissioners, three to serve until the next annual election, three to serve until the second annual election thereafter, three to serve until the third annual election thereafter, and thereafter at each annual municipal election there shall be elected three commissioners for a term of three years each.
Source:
SL 1918, ch 56, §1; RC 1919, §6233; SL 1935, ch 158, §12; SDC 1939, §45.0905; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-6 - Special election of commissioners after employment of manager--Mayor--Powers of board.

9-10-6. Special election of commissioners after employment of manager--Mayor--Powers of board.
Within sixty days after an election directing the employment of a manager in any commission-governed municipality, a special election shall be called and held to elect the nine commissioners. A plurality vote in the election of commissioners is sufficient to elect the commissioners.
The commissioners shall qualify as provided by law and organize by electing a commissioner to act as mayor until the first regular meeting of the board in the month following the first annual election of commissioners. At the first regular meeting in the month following the annual election, the commissioners shall elect a commissioner to act as mayor for a term of one year.
The board has the same powers conferred upon the board of commissioners in a commission-governed municipality pursuant to chapter 9-9. Except as otherwise provided in this chapter, the board shall be governed by the provisions of the law relating to a commission-governed municipality.
Source:
SL 1918, ch 56, §1; RC 1919, §6234; SL 1935, ch 158, §13; SDC 1939, §45.0906; SL 1992, ch 60, §2; SL 2008, ch 34, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-7 - Powers and duties of mayor.

9-10-7. Powers and duties of mayor.
The duties and power of the mayor of any first or second class municipality employing a city manager shall be as follows:
(1)He shall be the presiding officer of the council or commission, and in municipalities having the aldermanic form of government he shall have the powers and duties of an alderman at large;
(2)He shall be the recognized head of the municipality for service of civil process and for military and ceremonial purposes;
(3)He may take command of the police of the municipality, appoint special police, and govern the municipality by proclamation during times of public danger or emergency, and during such times he shall have such powers and authority to call for assistance, as are given to the mayor by §9-29-17;
(4)He shall have such further authority and perform such further duties as may be prescribed by ordinance or resolution not inconsistent with the provisions of this chapter, but in no case shall he have the right of veto.
Source:
SL 1935, ch 158, §5; SDC 1939, §45.0904; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-8 - Regular and special meetings of governing body.

9-10-8. Regular and special meetings of governing body.
The governing body of any first or second class municipality employing a manager shall hold its regular meetings on the first Monday of each month at such hour as may be fixed by it. It may prescribe by ordinance the manner in which special meetings may be called and may also so change the date of its regular monthly meetings and so provide for regular meetings oftener than once a month.
Source:
SL 1935, ch 158, §10; SDC 1939, §45.0907; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-9 - Officers and employees appointed by governing body--Others appointed by city manager.

9-10-9. Officers and employees appointed by governing body--Others appointed by city manager.
The auditor, attorney, library board of trustees, and the treasurer shall be appointed by the governing body and may be removed at any time by such governing body.
The auditor and the treasurer shall each appoint all deputies and employees in his office.
All other officers and employees, including all members of boards and commissions, except as otherwise provided by law, shall be appointed by the manager and may be removed by him.
Source:
SL 1935, ch 158, §7; SDC 1939, §45.0908.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-10 - Qualifications and appointment of city manager--Residence--Restriction on appointment of former member of governing body.

9-10-10. Qualifications and appointment of city manager--Residence--Restriction on appointment of former member of governing body.
The manager shall be chosen by the governing body on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of accepted practices in respect to the duties of his office. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city.
No person elected to membership on the governing body shall be eligible for appointment as manager until one year has elapsed following the expiration of the term for which he was elected.
Source:
SL 1935, ch 158, §4; SDC 1939, §45.0903.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-11 - Removal of city manager from office.

9-10-11. Removal of city manager from office.
The manager shall be appointed for an indefinite term but may be removed by majority vote of the members of the governing body. At least thirty days before such removal may become effective, the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of such governing body stating the intention of such governing body to remove him, and the reasons therefor. He may reply in writing to such resolution. If so requested by the manager, the governing body shall fix a time for a public hearing upon the question of his removal, and the final resolution removing him shall not be adopted until such public hearing has been had.
Upon passage of a resolution stating the governing body's intention to remove the manager, such governing body may suspend him from duty, but his pay shall continue until his removal shall become effective as herein provided. The action of the governing body in removing the manager shall be final.
Source:
SL 1917, ch 303, §9; SL 1918, ch 57; RC 1919, §6236; SL 1935, ch 158, §4; SDC 1939, §45.0903.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-12 - Absence, disability, or suspension of city manager.

9-10-12. Absence, disability, or suspension of city manager.
In case of the absence or disability of the manager or in case of his suspension as provided in §9-10-11, the governing body may designate a qualified administrative officer of the first or second class municipality to perform the duties of the manager during such absence, disability, or suspension.
Source:
SL 1917, ch 303, §9; RC 1919, §6237; SL 1935, ch 158, §4; SDC 1939, §45.0903; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-13 - Responsibility of city manager--Power to appoint and remove officers and employees.

9-10-13. Responsibility of city manager--Power to appoint and remove officers and employees.
The manager shall be responsible to the governing body for the proper administration of all affairs of the first or second class municipality placed in his charge. To that end, except as otherwise provided by law, he shall have power to appoint and remove all officers and employees in the administrative service of the municipality and may authorize the head of any department or office responsible to him to appoint and remove subordinates in such department or office. Appointments made by or under the authority of the manager shall be made without definite term on the basis of executive and administrative ability and of the training and experience of such appointees in the work which they are to perform.
Source:
SL 1935, ch 158, §3; SDC 1939, §45.0902; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-14 - Bond required of city manager and officers.

9-10-14. Bond required of city manager and officers.
The manager and every officer of the first or second class municipality, whether appointed by the manager or the governing body, shall furnish a bond to the municipality in such form and in such amount as may be required by the governing body. Such bond shall be approved by the governing body and be filed with the auditor.
Source:
SL 1917, ch 303, §9; RC 1919, §6238; SL 1935, ch 158, §14; SDC 1939, §45.0910; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-15 - General powers of city manager.

9-10-15. General powers of city manager.
The manager shall have the following further powers and duties:
(1)He shall see that the laws and ordinances are enforced;
(2)He shall supervise the administration of the affairs of the first or second class municipality;
(3)He shall make such recommendations to the governing body concerning the affairs of the first or second class municipality as may seem to him desirable;
(4)He shall keep the governing body advised of the financial condition and future needs of the first or second class municipality;
(5)He shall prepare and submit to the governing body an annual budget not later than August first of each year;
(6)He shall see that all terms and conditions imposed in favor of the first or second class municipality or its inhabitants in any contract or franchise to which the municipality is a party are faithfully kept and performed;
(7)Except when the governing body may be considering his removal the manager shall be entitled to be present at all meetings of such governing body and its committees, and to take part in their discussions;
(8)He shall sign all warrants for the payment of money, and the same shall be countersigned by the auditor, but no warrant shall be issued until the claim therefor has been approved by the governing body, except as may be otherwise provided by ordinance or resolution;
(9)He shall have the right to prepare and introduce ordinances and resolutions and take part in the discussions on all matters coming before the governing body, but shall have no vote;
(10)The manager shall have such further powers and duties as may be prescribed by ordinance or resolution.
No contract of the manager for the payment of money in excess of two hundred dollars, except for current necessities, shall be binding upon the first or second class municipality unless the payment shall be approved by the governing body.
Source:
SL 1935, ch 158, §3; SDC 1939, §45.0902; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-16 - Governing body to work through city manager--Violation as misdemeanor--Removal from office.

9-10-16. Governing body to work through city manager--Violation as misdemeanor--Removal from office.
Except for the purpose of inquiry the governing body and its members shall deal with the administrative service solely through the manager, and it is a Class 2 misdemeanor for any member of the governing body to give orders to any subordinate of the manager. Upon conviction of a violation of this section, the court in which such conviction is had may in its discretion enter an order removing the member of the governing body so convicted from his office.
Source:
SL 1935, ch 158, §7; SDC 1939, §§45.0908, 45.9902; SL 1981, ch 43, §14.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-17 - Solicitation of votes by city manager or appointee as misdemeanor.

9-10-17. Solicitation of votes by city manager or appointee as misdemeanor.
It is a Class 2 misdemeanor for the manager, or an officer or employee appointed by him, to solicit any person to vote for or against any candidate for alderman or commissioner of the first or second class municipality by which he is employed at any municipal election.
Source:
SL 1917, ch 303, §11; RC 1919, §6241; SL 1935, ch 158, §16; SDC 1939, §45.0912; SL 1981, ch 43, §15; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 10 - City Manager › Section 9-10-18 - Inconsistent statutes inapplicable.

9-10-18. Inconsistent statutes inapplicable.
Provisions of the statutes governing first or second class municipalities inconsistent with this chapter shall be inapplicable to municipalities employing a city manager.
Source:
SL 1935, ch 158, §6; SDC 1939, §45.0905; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-3.1 - Application to circuit court for change in classification of municipality--Publication and posting of notice of hearing.

9-11-3.1. Application to circuit court for change in classification of municipality--Publication and posting of notice of hearing.
If the population of a municipality, as shown by the last preceding federal census, increases or decreases causing the municipality to pass into a different class of municipality pursuant to §9-2-1, the municipality may, through its governing body, apply to the circuit court having jurisdiction for a judgment authorizing the classification change. Upon the presentation of the application, the court shall establish a time and place for hearing the application. Notice of the hearing shall be given by publishing the order once a week for two successive weeks, the last publication to be not less than ten days prior to the day of the hearing, Not less than ten days prior to the date of the hearing, the notice of hearing shall also be posted in three public places in the municipality.
Source:
SL 2000, ch 34, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-4 - Judgment changing classification of municipality--Filing of judgment.

9-11-4. Judgment changing classification of municipality--Filing of judgment.
Upon such hearing, if the facts warrant the granting of the application, the court shall make and enter its judgment changing the status of the municipality to that of a municipality of the appropriate class, pursuant to §9-2-1. The court shall establish the time when the change shall be effective and determine the manner in which the change shall be made.
A certified copy of the judgment shall be filed in the office of the register of deeds of the county wherein such municipality is situated, and also in the Office of the Secretary of State.
Source:
SDC 1939, §45.0506; SL 1992, ch 60, §2; SL 2000, ch 34, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-5 - City voters authorized to change form of government.

9-11-5. City voters authorized to change form of government.
The voters of any municipality may change its form of government or change the number of its commissioners, wards, or trustees by a majority vote of all electors voting at an election called and held as provided. Any municipality under special charter may adopt any form of government as provided in this title.
Source:
SDC 1939, §45.0501; SL 1957, ch 243; SL 1992, ch 60, §2; SL 2000, ch 34, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-6 - Petition by voters for change in form of municipal government--Election.

9-11-6. Petition by voters for change in form of municipal government--Election.
If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented to the governing body, requesting that an election be called for the purpose of voting upon a question of change of form of government or upon a question of the number of wards, commissioners, or trustees, the governing body shall call an election to be held within fifty days from the date of the filing of the petition with the municipal finance officer. At that election, the question of the change of form of government or the number of wards, commissioners, or trustees, or both, must be submitted to the voters. No petition is valid if filed more than six months after the circulation start date declared on the petition forms. If the petition is filed on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of §9-13-14, the question may be submitted at that annual municipal election.
The election must be held upon the same notice and conducted in the same manner as other city elections.
Source: SDC 1939, §45.0502; SL 1978, ch 60, §1; SL 1979, ch 48, §3; SL 1983, ch 52, §3; SL 1983, ch 53, §4; SL 1984, ch 54; SL 1988, ch 63, §6; SL 1992, ch 60, §2; SL 2000, ch 34, §4; SL 2022, ch 22, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-7 - Ballot form on change of form of city government.

9-11-7. Ballot form on change of form of city government.
Both the question of form of government and the number of commissioners may be submitted upon one ballot, when both questions are to be voted upon.
The vote upon such questions shall be by ballot in the form and be cast in the manner provided by chapter 9-13.
Source:
SL 1913, ch 119, §4; RC 1919, §6193; SDC 1939, §45.0503.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-8 - Waiting period after election on form of city government.

9-11-8. Waiting period after election on form of city government.
The question of changing the form of government may not be voted upon again within one year after the election held pursuant to §9-11-6.
Source:
RPolC 1903, §1170; SL 1913, ch 119, §2; SL 1913, ch 125, §1; RC 1919, §6191; SL 1921, ch 299, §1; SDC 1939, §45.0501; SL 1957, ch 243; SL 2008, ch 34, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-9 - First election after change in form of municipal government.

9-11-9. First election after change in form of municipal government.
If an election changes the form of government or number of commissioners, wards, or trustees is approved, at the next annual municipal election or at a special election called by the governing board and held pursuant to §9-13-14, officers shall be chosen under the changed form of government.
Source:
SDC 1939, §45.0504; SL 2000, ch 34, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 11 - Change Of Form Of Government › Section 9-11-10 - Continuation in force of ordinances, contracts, rights and liabilities after change in form.

9-11-10. Continuation in force of ordinances, contracts, rights and liabilities after change in form.
Any ordinance, resolution, contract, obligation, right, or liability of the municipality shall continue in force and effect the same as though no change of government has occurred.
Source:
SDC 1939, §45.0505; SL 1992, ch 60, §2; SL 2000, ch 34, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 12 - General Powers Of Municipalities › Section 9-12-1 - General corporate powers--Municipal property.

9-12-1. General corporate powers--Municipal property.
Every municipality shall have power:
(1)To sue and be sued and to contract in its corporate name;
(2)To acquire by lease, purchase, gift, condemnation, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights of way within or without the corporate limits for all purposes authorized by law or necessary to the exercise of any power granted;
(3)To provide that supplies needed for the use of the municipality shall be furnished by contract let to the lowest responsible bidder, except as otherwise provided by law;
(4)To construct, operate, and maintain an auditorium and all public buildings necessary for the use of the municipality;
(5)To insure the public property of the municipality;
(6)To convey, sell, give, dispose of, or lease both the personal and real property of the municipality as provided by this title;
(7)To perform all administrative and financial functions for all purposes authorized by law or necessary to the exercise of any power granted.
Source:
SDC 1939, §45.0201 (12)-(15), (17), (18); SL 2002, ch 33, §3; SL 2014, ch 49, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 12 - General Powers Of Municipalities › Section 9-12-2 - Fiscal powers of municipalities.

9-12-2. Fiscal powers of municipalities.
Every municipality may:
(1)Control its finances and property;
(2)Levy and collect taxes for general and special purposes on real property within the limits allowed by law;
(3)Appropriate money for authorized purposes and provide for the payment of the debts and expenses of the municipality.
Source:
Subd. (1): SL 1890, ch 37, art V, §1; RPolC 1903, §1229, subdiv 1; SL 1913, ch 119, §53, subdiv 1; RC 1919, §6169 (1); SDC 1939, §45.0201 (1); SL 1992, ch 80, §3. Subd. (2): SL 1890, ch 37, art V, §3; RPolC 1903, §1229, subdiv 3; RPolC 1903, §1438, subdiv 16; SL 1913, ch 119, §53, subdiv 3; RC 1919, §6169 (2); SDC 1939, §45.0201 (2); SL 1992, ch 80, §3. Subd. (3): SL 1890, ch 37, art V, §2; RPolC 1903, §1229, subdiv 2; SL 1913, ch 119, §53, subdiv 2; SL 1915, ch 118; RC 1919, §6169 (4); SDC 1939, §45.0201 (3); SL 1992, ch 80, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 12 - General Powers Of Municipalities › Section 9-12-3 - Expenses of officers and employees in attending meetings.

9-12-3. Expenses of officers and employees in attending meetings.
Every municipality may appropriate funds to pay the necessary expenses of its officers or employees in conducting such business or attending such meetings within or without the state as the governing body shall determine necessary to carry out its authorized municipal activities.
Source:
SL 1957, ch 257; SDC Supp 1960, §45.0201-1 (19).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 12 - General Powers Of Municipalities › Section 9-12-3.1 - Compensation of board and commission members not already compensated.

9-12-3.1. Compensation of board and commission members not already compensated.
The municipal governing body may, by ordinance, authorize the appropriation of funds to provide compensation to members of municipal boards and commissions not already compensated.
Source:
SL 1986, ch 66.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 12 - General Powers Of Municipalities › Section 9-12-4 - Agreements with state and United States to carry out municipal functions.

9-12-4. Agreements with state and United States to carry out municipal functions.
Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision or unit of government, federal or state, to carry out any authorized municipal function.
Source:
SL 1964, ch 145.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 12 - General Powers Of Municipalities › Section 9-12-5 - Lease or transfer of municipal property to state agency for public purposes.

9-12-5. Lease or transfer of municipal property to state agency for public purposes.
Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made, or done on the terms and in the manner provided by resolution of the governing body.
Source:
SL 1949, ch 179, §1; SL 1957, ch 242; SDC Supp 1960, §45.0201 (107).