CHAPTER 9-10
CITY MANAGER
9-10-1 Petition for employment of city manager--Election.
9-10-2 Waiting period after rejection of city manager proposition by voters.
9-10-3 Employment of city manager after approval by voters.
9-10-4 Mayor and aldermen elected in first or second class municipality under aldermanic form.
9-10-5 Number, election, and terms of office of commissioners in commission-governed municipalities.
9-10-6 Special election of commissioners after employment of manager--Mayor--Powers of board.
9-10-7 Powers and duties of mayor.
9-10-8 Regular and special meetings of governing body.
9-10-9 Officers and employees appointed by governing body--Others appointed by city manager.
9-10-10 Qualifications and appointment of city manager--Residence--Restriction on appointment of former member of governing body.
9-10-11 Removal of city manager--Resolution of intent--Public hearing--Pay.
9-10-12 Absence, disability, or suspension of city manager.
9-10-13 Responsibility of city manager--Power to appoint and remove officers and employees.
9-10-14 Bond required of city manager and officers.
9-10-15 General powers of city manager.
9-10-16 Governing body to work through city manager--Violation as misdemeanor--Removal from office.
9-10-17 Solicitation of votes by city manager or appointee as misdemeanor.
9-10-18 Inconsistent statutes inapplicable.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
9-10-11. Removal of city manager--Resolution of intent--Public hearing--Pay.
The governing body shall appoint the city manager for an indefinite term but may suspend the manager by resolution of intent to remove the manager approved by a majority vote of the members of the governing body. The resolution of intent to remove the manager must set forth the reasons for the suspension and proposed removal, and a copy of the resolution must be served immediately upon the manager. The manager may reply in writing to the resolution and may request a public hearing within fifteen days of being served the resolution. If a public hearing is requested by the manager, the governing body must set a time for the public hearing upon the question of the manager's removal, and the final resolution removing the manager may not be adopted until the public hearing has occurred.
The manager's pay must continue until the manager's removal is effective as provided by this section. The action of the governing body in removing the manager is final.
Source: SL 1917, ch 303, § 9; SL 1918, ch 57; RC 1919, § 6236; SL 1935, ch 158, § 4; SDC 1939, § 45.0903; SL 2024, ch 30, § 1.
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.
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.
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.
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.
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.
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.
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.
