CHAPTER 9-8

ALDERMANIC FORM OF GOVERNMENT

9-8-1    Mayor--Term of office.

9-8-1.1    Qualifications of mayor and alderman.

9-8-2    Vacancy in office of mayor--Temporary absence or disability.

9-8-3    Powers and duties of mayor--Veto power.

9-8-4    Composition of common council--Election and terms of office of aldermen--Vacancy.

9-8-4.1    Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.

9-8-5    Power of council to judge members and govern proceedings--Bribery vacating office.

9-8-6    Repealed by SL 1979, ch 50, § 3.

9-8-7    President and vice president of council--Election and duties.

9-8-8    Meetings of council--Quorum--Journal of proceedings.

9-8-9    9-8-9. Repealed by SL 2013, ch 35, § 1.

9-8-10    Recording of votes by council members--Number of votes required for action.

9-8-11    Reconsideration of council action.

9-8-1. Mayor--Term of office.

The chief executive officer of a municipality under the aldermanic form is the mayor. The mayor holds office for a term of not less than two nor more than five years as determined by ordinance. A mayor may hold office for more than one term.

Source: SDC 1939, § 45.0701; SL 1959, ch 267; SL 1984, ch 53, § 1; SL 1992, ch 60, § 2; SL 1992, ch 61, § 1; SL 2001, ch 42, § 1; SL 2017, ch 56, § 1.

9-8-1.1. Qualifications of mayor and alderman.

A person may be nominated, elected, or appointed as a mayor or as an alderman if the person is a citizen of the United States, a voter of and resident of the municipality, and, if an alderman, a voter of and resident of the ward for which the person is to hold office.

Source: SL 1992, ch 61, § 2; SL 2017, ch 56, § 2.

9-8-2. Vacancy in office of mayor--Temporary absence or disability.

If there is a vacancy from any cause in the office of the mayor, the vacancy shall be filled by appointment by a majority vote of the aldermen, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election or by special election as provided in § 9-13-14.2. Until the vacancy is filled or during the time of temporary absence or disability of the mayor, the powers and duties of mayor are executed by the president or vice president of the council as provided in § 9-8-7.

Source: SL 1890, ch 37, art III, § 2; RPolC 1903, §§ 1182, 1184; SL 1907, ch 89; RC 1919, § 6205; SDC 1939, § 45.0701; SL 1959, ch 267; SL 1981, ch 64; SL 2005, ch 48, § 1; SL 2017, ch 56, § 3.

9-8-3. Powers and duties of mayor--Veto power.

The mayor presides at all meetings of the council but only votes in case of a tie. The mayor performs other duties as may be prescribed by the laws and ordinances, and takes care that the laws and ordinances are faithfully executed. The mayor shall annually, or as may be necessary, give the council information relative to the affairs of the municipality, and recommend for the council's consideration the measures the mayor deems expedient. The mayor may sign or veto any ordinance or resolution passed by the common council, and may veto any part or item of an ordinance or resolution appropriating money.

Source: SL 1890, ch 37, art III, §§ 4, 8, 10, 14; RPolC 1903, §§ 1185, 1189, 1191, 1195; RC 1919, §§ 6206 to 6208; SDC 1939, § 45.0702; SL 1992, ch 60, § 2; SL 2017, ch 56, § 4.

9-8-4. Composition of common council--Election and terms of office of aldermen--Vacancy.

The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office is two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years. The mayor and aldermen hold office until their successors are elected and qualified. At the first election of aldermen, the council shall stagger the initial terms of the alderman in each ward to provide that the two aldermen are not up for reelection in the same year. A person may hold office for more than one term. The vacancy of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2

Source: SDC 1939, § 45.0703; SL 1998, ch 44, § 1; SL 2005, ch 48, § 2; SL 2017, ch 56, § 5.

9-8-4.1. Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.

Notwithstanding § 9-8-4, the voters of any second or third class municipality may, by majority vote, choose to elect aldermen to the common council at large using the process provided in § 9-11-6. The voters may revert to electing aldermen by ward in the same manner provided in this section, subject to the waiting period in § 9-11-8.

Source: SL 2022, ch 21, § 1.

9-8-5. Power of council to judge members and govern proceedings--Bribery vacating office.

The council is the judge of the election and qualification of its members. The council determines its rules of procedure, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of the aldermen may expel a member.

Any alderman who is convicted of bribery shall vacate the position.

Source: SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204; RC 1919, § 6210; SDC 1939, § 45.0704; SL 2017, ch 56, § 6.

9-8-6. Repealed by SL 1979, ch 50, § 3.

9-8-7. President and vice president of council--Election and duties.

At the first regular meeting after the annual election in each year and after the qualification of the newly elected aldermen, the council shall elect from among its members a president and vice president, who shall hold their respective offices for the municipal year.

The president of the council in the absence of the mayor acts as the presiding officer of the council. During the absence of the mayor from the municipality or the mayor's temporary disability, the president of the council is acting mayor and has all the powers of the mayor.

In the absence or disability of the mayor and president of the council, the vice president of the council shall perform the duties of the mayor and president of the council.

However, the president of the council or vice president of the council acting as the mayor shall only vote as an alderman. No alderman acting as mayor may vote as the mayor to break a tie vote.

Source: SL 1890, ch 37, art IV, § 10; RPolC 1903, § 1207; RC 1919, § 6213; SDC 1939, § 45.0706; SL 1992, ch 60, § 2; SL 2017, ch 56, § 7.

9-8-8. Meetings of council--Quorum--Journal of proceedings.

The council holds its regular meetings on the first Monday of each month but may, by ordinance, change the day of its regular monthly meetings. The council may prescribe by ordinance the manner in which special meetings may be called.

A majority of the aldermen constitutes a quorum to do business. When a seat on a council is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining aldermen who are qualified to serve as aldermen by election or appointment pursuant to chapter 9-13. The council may compel the attendance of absentees under such penalties as may be prescribed by ordinance.

The meetings of the council are open to the public and it shall keep a journal of its proceedings.

Source: SL 1890, ch 37, art IV, §§ 9, 11; RPolC 1903, §§ 1205, 1206, 1208; RC 1919, §§ 6211, 6212, 6214; SDC 1939, § 45.0705; SL 2017, ch 56, § 8.