Editor’s note:
Printed herein is a charter resolution, as adopted at a
special city election held on September 13, 1994.
Amendments to the charter are indicated by parenthetical
history notes following amended provisions. The absence of a history note
indicates that the provision remains unchanged from the original charter.
Obvious misspellings have been corrected without notation. For stylistic
purposes, a uniform system of headings, catchlines and citations to state
statutes has been used. Additions made for clarity are indicated by brackets.
Table of Contents
Sioux Falls City Home Rule Charter
Section 1.01 Powers of the city.
Section 2.01 General powers and duties.
Section 2.04 Compensation; expenses.
Section 2.06 Vacancies; forfeiture of office; filling
of vacancies.
Section 2.07 Judge of qualifications.
Section 2.10 Independent audit.
Section 2.12 Action requiring an ordinance.
Section 2.13 Ordinances in general.
Section 3.03 Mayor’s duties and responsibility.
Section 3.04 Mayor’s power to veto legislation.
ARTICLE IV. DEPARTMENTS, OFFICES, AND AGENCIES
Section 4.01 General provisions.
Section 4.02 Personnel system.
ARTICLE V. FINANCIAL PROCEDURES
Section 5.05 City council action on budget.
Section 5.07 Amendments after adoption.
Section 5.08 Lapse of appropriations.
Section 5.09 Administration of the budget.
Section 5.10 Overspending of appropriations
prohibited.
Section 5.12 City council action on capital program.
Section 6.03 Initiative and referendum.
ARTICLE VII. GENERAL PROVISIONS
Section 7.01 Conflicts of interest; board of ethics.
ARTICLE VIII. CHARTER AMENDMENT
Section 8.01 Proposal of amendment.
Section 8.03 Adoption of amendment.
ARTICLE IX. TRANSITION/SEPARABILITY PROVISION
Section 9.01 Officers and employees.
Section 9.04 State and municipal laws.
We the people of
Sioux Falls in order to establish a more representative and effective city
government, do adopt this Charter in accordance with the Home Rule power
granted in Article IX of the Constitution of South Dakota.
The city shall
have all powers possible for a city to have under the constitution and laws of
this state as fully and completely as though they were specifically enumerated
in this charter.
The powers of the
city under this charter shall be construed favorably in support of the charter
and the specific mention of particular powers in the charter shall not be
construed as limiting in any way the general power granted in this article.
Section
1.03 Intergovernmental relations.
The city may
exercise any of its powers or perform any of its functions and may participate
in the financing thereof, jointly or in cooperation, by contract or otherwise,
with any one (1) or more states or any state civil division or agency, or the
United States or any of its agencies.
The city retains
and reserves its right to Joint Exercise of Governmental Powers as set forth in
SDCL Title 1. Further the city adopts and ratifies each and every contract and
agreement entered into by virtue of that power under any prior city
organization or form of government.
Nothing in this
charter shall be construed to permit the city to do any of the following:
(1) Levy
a personal or corporate income tax,
(2) Issue
more liquor licenses,
(3) Permit
increased gaming, or
(4) Incur
additional debt,
unless and except to the extent
otherwise authorized to any city established as a SDCL Title 9 authorized form
of city government.
Any new form or
type of taxation which is approved by the city council must be referred to a
vote of the people before it can become effective. This does not apply to new
or increased fees or increases in existing taxes.
All powers of the
city shall be vested in the city council, except as otherwise provided by law
or this charter, and the council shall provide for the exercise thereof and for
the performance of all duties and obligations imposed on the city by law. The
council shall act as a part-time, policy making and legislative body, avoiding
management and administrative issues.
Section
2.02 Composition, eligibility, election, and terms.
(a) Composition. There shall be a city council composed of the mayor
and eight (8) members. Three (3) council members shall be nominated and elected
by the voters of the city at large, and five (5) shall be nominated and elected
by the voters of each of the five (5) council districts, as provided in article
VI.
(b) Eligibility. Only the registered voters of the city who have
resided in the city for at least six (6) months immediately prior to the date
of election shall be eligible to hold the office of council member or mayor.
(c) Election
and terms. The terms of council members
shall be four (4) years beginning no later than whichever day the City Council
meets during the third week of May following the official canvass of any final
council or mayoral election, whichever is later, and shall continue until a
successor has been elected and takes office. No council member may serve more
than two (2) full or partial terms consecutively; however, a council member may
immediately thereafter be eligible to be a candidate for mayor. The two
consecutive term limit shall apply regardless of whether a council member has
served as a district or an at large council member or both.
(4-11-00, § A; 4-8-14, § A)
The mayor shall
serve as a member of the city council. In the absence of the mayor for purposes
of city council meetings, the city council shall designate one (1) of its
members as acting mayor, with the duties but not the powers of that office. In
case of emergencies or for purposes of day-to-day administrative duties and
functions if the mayor is temporarily unavailable, the mayor shall propose to
designate an interim successor by executive order, listing not less than three
(3) nor more than seven (7) interim successors. The selection of interim
successors in the executive order shall be at the mayor’s discretion from among
department heads or city employees; however, the number and order of proposed
interim successor designees shall not be effective without the advice and
consent of the city council.
(4-13-04, § B)
The annual salary
of the mayor and part-time council members is set in section 9.05, and shall be
automatically adjusted annually for inflation or deflation, as determined by a
generally accepted federal government index (e.g., CPI-U). The mayor and
council members shall receive their actual and necessary expenses incurred in
the performance of their duties of office. The mayor, but not the council
members, shall participate in the city’s employee benefits programs which are
available to other management employees, excluding the city pension
system. However, upon taking office the mayor may elect to participate in
the employees’ retirement system, if allowed by ordinance, or may elect not to
participate in the employees’ retirement system.
(4-8-08, § A)
(a) Holding
other office. No council member shall hold
any other elected public office during the term for which the member was
elected to the council. No council member shall hold any other city office or
city employment during the terms for which the member was elected or appointed
to the council. No former council member shall hold any compensated appointive
office or employment with the city until two (2) years after the expiration of
the term for which the member was elected or appointed to the council. Nothing
in this section shall be construed to prohibit the council or mayor from
selecting any current or former council member to represent the city on the
governing board of any regional, national, or other intergovernmental agency.
(b) Appointments
and removal. Neither the city council nor
any of its members shall in any manner control or demand the appointment or
removal of any city administrative officer or employee whom the mayor or any
subordinate of the mayor is empowered to appoint, but the council may express its
views and fully and freely discuss with the mayor anything pertaining to
appointment or removal of such officers and employees.
(c) Interference
with administration. Except for the purpose of
inquiries and investigations under section 2.09, the council or its members
shall deal with city officers and employees who are subject to the direction
and supervision of the mayor solely through the mayor and neither the council
nor its members shall give orders to any such officer or employee, either
publicly or privately.
(4-13-04, § A; 4-8-08, § B)
(a) Vacancies. The office of mayor or of a council member shall
become vacant upon the person’s death, resignation, removal from office or
forfeiture of office in any manner authorized by law.
(b) Recall. The power of recall of the mayor and council members
shall be allowed as set forth in SDCL Title 9.
(c) Forfeiture
of office. The mayor or a council member
shall forfeit that office if the mayor or council member[:]
(1) Lacks
at any time during the term of office for which elected any qualification for
the office prescribed by this charter or by law,
(2) Violates
any expressed prohibition in section 7.02 of this charter,
(3) Fails
to maintain residency within city limits, or in the case of council members
elected by district, fails to maintain residency within that district; however,
any council member may complete their elected term of office if residency outside
their district is caused during their term of office by a district adjustment
pursuant to Section 6.02.
(4) Is
convicted of a felony, or
(5) Fails
to attend 50% of the regular monthly meetings of the council during a fiscal
year, or three consecutive regular monthly meetings of the council, without
being excused by the council.
(d) Filling
of vacancies. A vacancy in the office of
mayor or in the city council shall be filled for the remainder of the unexpired
term, if any, at the next regular election following not less than 60 days upon
the occurrence of the vacancy, but the council by a majority vote of all its
remaining members shall appoint a qualified person to fill the vacancy until
the person elected to serve the remainder of the unexpired term takes office.
If the council falls to do so within 30 days following the occurrence of the
vacancy, the city election authorities shall call a special election to fill
the vacancy, to be held not sooner than 90 days and not later than 120 days
following the occurrence of the vacancy, and to be otherwise governed by law.
Not withstanding the requirement in section 2.11, if at any time the membership
of the council is reduced to less than six (6), the remaining members may by
majority action appoint additional members to raise the membership to six (6).
(4-13-04, § C)
The city council
shall be the judge of the election and qualifications of its members and of the
grounds for forfeiture of their office. The council shall have the power to set
additional standards of conduct for its members beyond those specified in the
charter and may provide for such penalties as it deems appropriate, including
forfeiture of office. In order to exercise these powers, the council shall have
power to subpoena witnesses, administer oaths, and require the production of
evidence. A member charged with conduct constituting grounds for forfeiture of
office shall be entitled to a public hearing on demand, and notice of such
hearing shall be published in one (1) or more newspapers of general circulation
in the city at least seven (7) days in advance of the hearing. Decisions made
by the council under this section shall be subject to judicial review.
The city council
shall appoint an officer of the city who shall have the title of city clerk.
The city clerk shall give notice of council meetings to its members and the
public, keep the minutes of its proceedings and perform such other duties as
are assigned by this charter or by the council or by state law.
The city council
may make investigations into the affairs of the city and the conduct of any
city department, office, or agency and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence.
Failure or refusal to obey a lawful order issued in the exercise of these
powers by the council shall be a violation and punishable as provided in state
law.
The city council
shall provide for an independent annual audit of all city accounts and may
provide for more frequent audits as it deems necessary. Such audits shall be
made by a certified public accountant or firm of such accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the city
government or any of its officers. The council may, without requiring
competitive bids, designate such accountant or firm annually or for a period
not exceeding three years, but the designation for any particular fiscal year
shall be made no later than 120 days before the expiration of such fiscal year.
If the state makes such an audit, the council may accept it as satisfying the
requirements of this section.
(4-11-00, § B)
(a) Meetings. The council shall meet regularly at least once in
every month at such times and places as the council may prescribe by rule. If
the council meets more than once a month, it may designate which meeting is the
regular monthly meeting. If they don’t so designate one, the first meeting of
the month is the regular monthly meeting. Special meetings may be held on the
call of the mayor or of six (6) or more members and, whenever practicable, upon
no less than twelve hours notice to each member. All meetings shall be public,
except as allowed by state law.
(b) Rules
and journal. The city council shall
determine its own rules and order of business and shall provide for keeping of
an accurate journal of its proceedings. This journal shall be a public record.
(c) Voting. Voting, except on procedural motions, shall be by
roll call and the ayes and nays shall be recorded in the journal. Five (5)
members of the council shall constitute a quorum, but a smaller number may
adjourn from time to time and may compel the attendance of absent members in
the manner and subject to the penalties prescribed by the rules of the council.
Each council member shall have an equal vote; the mayor shall only vote as
necessary to break a tie. All actions of the council shall be by a majority of
those present, except no ordinances or any action calling for the expenditure
of money in excess of the state bids limits for municipalities or filling of
vacancies as set forth in section 2.06 shall be valid or binding unless adopted
by the affirmative vote of five (5) or more members of the council.
In addition to
other acts required by law or by specific provision of this charter to be done
by ordinance, those acts of the city council shall be by ordinance which:
(1) Adopt
or amend an administrative code or establish, alter, or abolish any city
department, office, or agency;
(2) Provide
for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(3) Levy
taxes, or impose or increase fees;
(4) Grant,
renew, or extend a franchise;
(5) Regulate
the rate charged for its services as a public utility;
(6) Authorize
the borrowing of money;
(7) Convey
or lease or authorize the conveyance or lease for a period of longer than one
(1) year of any real property of the city;
(8) Regulate
land use and development;
(9) Actions
to establish the conduct of elections; and
(10) Amend
or repeal any ordinance previously adopted.
Acts other than
those referred to in the preceding sentence may be done either by ordinance or
by resolution.
(Ref. of 5-7-96)
City ordinances
shall be introduced, published, enacted, recorded, and codified as provided in
state law; however, the city council may by ordinance amend such requirements.
Section
2.14 Updating the Code of Ordinances.
The Code of Ordinances
must be updated at least every twenty years, pursuant to the provisions of
state law, as was done in 1972 and in 1992.
The executive and
administrative power of the city shall be vested in a mayor.
Section
3.02 Election and qualifications of mayor.
The mayor shall be
elected for a term of four years by a direct vote of the people at the regular
city election. No mayor shall serve more than two (2) full or partial terms
consecutively; however, the mayor may immediately thereafter be eligible to be
a candidate for council member. The mayor’s terms shall begin no later than
whichever day the City Council meets during the third week of May following the
official canvass of the mayor’s election and shall continue until a successor
has been elected and takes office.
(4-11-00, § C; 4-8-14, § B)
The mayor shall,
at the beginning of each calendar year, and may at other times give the council
information as to the affairs of the city and recommend measures considered
necessary and desirable. The mayor shall preside at meetings of the council,
represent the city in intergovernmental relationships, appoint with the advice
and consent of the council the members of the citizen advisory boards and
commissions, present an annual state of the city message, and perform other
duties specified by the council and by article III. The mayor shall be
recognized as head of the city government for all ceremonial purposes and by
the governor for purposes of military law.
Within four (4)
business days after the adjournment of any council meeting, the city clerk
shall present to the mayor the record of proceedings of the meeting and all
ordinances and resolutions adopted at the meeting. The mayor, within seven days
of receipt of an ordinance or resolution, shall return it to the city clerk
with or without approval, or with a veto. If an ordinance or resolution is vetoed,
the mayor shall attach a written statement explaining the reasons for the veto.
Ordinances or resolutions vetoed by the mayor shall be considered at the next
regular meeting of the council, and the council may pass the ordinance or
resolution over the veto by the affirmative vote of six of its members. The
effective date of an ordinance or resolution passed over the mayoral veto shall
not be less than 20 days after the date of publication. The mayor’s veto power
shall extend to disapproving or reducing individual appropriation items in the
budget or any ordinance or resolution, except appropriations for auditing or
investigating any part of the executive branch. The mayor shall not have the
power to veto any emergency ordinance.
(4-11-00, § D)
(a) Creation
of departments. The mayor may establish city
departments, offices, or agencies in addition to those created by this charter
by filing an executive order which may also provide that any funds previously
appropriated to perform a function which is being transferred may thereby be
transferred to the new major organizational unit performing such function, with
such order becoming effective after the expiration of 25 days from the date it
is filed, unless action is taken to nullify the executive order by a vote of
six (6) or more members of the city council. The mayor may prescribe the
functions of all departments, offices, and agencies, except that no function
assigned by this charter to a particular department, office, or agency may be
discontinued or, unless this charter specifically so provides, assigned to any
other.
(b) Direction
by mayor. All departments, offices, and
agencies under the direction and supervision of the mayor shall be administered
by one (1) or more officers appointed by and subject to the direction and
supervision of the mayor. The appointment by the mayor of any officer or
employee having final authority over more than five (5) percent of the city’s
employees or budget shall only be effective with the advice and consent of the
council. The mayor may appoint one (1) person as the head of two (2) or more
departments.
(4-11-00, § E)
(a) Appointments
and promotions. All appointments and promotions of
city officers and employees shall be made solely on the basis of merit and
fitness.
(b) Civil
service system. The city council shall provide by
ordinance for the establishment, regulation, and maintenance of a civil service
system governing personnel policies necessary to effect the administration of
the employees of the city’s departments, offices, and agencies. The city
council shall provide by ordinance for classification and pay plans,
examinations, force reduction, removals, working conditions, provisional and
exempt appointments, in-service training, civil service appeal procedures to
address grievances of employees, and relationship with employee organizations.
(Ref. of 5-7-96)
There shall be a
legal officer of the city appointed by the mayor effective with the advice and
consent of a majority of the eight members of the council.
Notwithstanding Charter Section 2.05(b), the legal officer may be removed by
the mayor during the mayor's four-year term of office only with the consent of
a majority of the eight members of the council. The consent of a majority
of the council is not required for the expiration of the legal officer's term
of office that occurs upon the mayor's expiration of term of office. The
legal officer shall serve as chief legal advisor to the city council, the mayor
and all city departments, offices and agencies, shall perform any other duties
prescribed by state law, by this charter or by ordinance, and shall handle or
monitor the representation of the city in legal proceedings.
(4-11-00, § F; 4-8-14, § C)
Consistent with
all applicable federal and state laws with respect to land use, development,
and environmental protection, the city council shall:
(1) Designate
an agency or agencies to carry out the planning function and such
decision-making responsibilities as may be specified by ordinance;
(2) Adopt
a comprehensive plan and determine to what extent zoning and other land use
control ordinances must be consistent with the plan; and
(3) Adopt
development regulations, to be specified by ordinance, to implement the plan.
The fiscal year of
the city shall begin on the first day of January and end on the last day of
December.
Section
5.02 Submission of budget and budget message.
On or before the
1st day of August of each year, the mayor shall submit to the city council a
budget for the ensuing fiscal year and an accompanying message.
(Ref. of 5-7-96)
The mayor’s
message shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed financial policies of the city for the
ensuing fiscal year, describe the important features of the budget, indicate
any major changes from the current year in financial policies, expenditures,
and revenues together with the reasons for such changes, summarize the city’s
debt position and include such other material as the mayor deems desirable.
The budget shall
provide a complete financial plan of all city funds and activities for the
ensuing fiscal year and, except as required by law or this charter, shall be in
such form as the mayor deems appropriate. The city council may require
additional information or details about the mayor’s budget proposal. The budget
shall begin with a clear general summary of its contents; shall show in detail
all estimated income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal year; and
shall be so arranged as to show comparative figures for actual and estimated
income and expenditures of the current fiscal year and actual income and
expenditures of the preceding two (2) fiscal years. It shall indicate in
separate sections:
(1) The
proposed goals and objectives and expenditures for current operations during
the ensuing fiscal year, detailed for each fund by organization unit, and
program, purpose or activity, and the method of financing such expenditures;
(2) Proposed
capital expenditures during the ensuing five (5) fiscal years, detailed for
each fund by organization unit when practicable, and the proposed method of
financing each such capital expenditure; and
(3) The
anticipated income and expense and profit and loss for the ensuing year for
each utility or other proprietary fund operated by the city.
For any fund, the
total of proposed expenditures shall not exceed the total of estimated income
plus the fund balance carried forward, exclusive of reserves.
(4-13-04, § D; 4-8-08, § C; 4-13-10,
§ A)
(a) Notice
and hearing. The city council shall publish in
one (1) or more newspapers of general circulation in the city the general summary
of the budget and a notice stating:
(1) The
times and places where copies of the message and budget are available for
inspection by the public, and
(2) The
time and place, not less than two weeks after such publication, for a public hearing
on the budget.
(b) Amendment
before adoption. After the public hearing, the city
council may adopt the budget with or without amendment. In amending the budget,
it may add or increase programs or amounts and may delete or decrease any
programs or amounts, except expenditures required by law or for debt service or
for an estimated cash deficit, provided that no amendment to the budget shall
increase the authorized expenditures to an amount greater than total estimated
income.
(c) Adoption. The city council shall adopt the annual appropriation
ordinance for appropriated funds for the ensuing fiscal year on or before the
30th day of September of the fiscal year currently ending. The annual
appropriation ordinance shall make appropriations by fund and department or
organizational unit. It is not necessary to appropriate funds to be expended
from a proprietary or trust fund if the fund is not supported or subsidized by
revenue derived from the annual appropriated tax levy. However, an annual budget
for these funds shall be adopted by resolution on or before the 30th day of
September of the fiscal year currently ending and published at the same time as
publication of the annual appropriation ordinance. If the city council fails to
adopt the budget by this date, the budget proposed by the mayor shall go into
effect.
(d) The
city council shall adopt any other ordinances required to authorize new
revenues or to amend the rates or other features of existing taxes or other
revenue sources.
(4-10-12, § B)
(4-13-04, § E; 4-8-08, § D; 4-10-12,
§ B)
Editor’s note:
The removal of
this section was approved by the voters of Sioux Falls at a municipal election
held on April 10, 2012.
(a) Supplemental
appropriations. If during the fiscal year the
mayor certifies that there are available for appropriation revenues in excess
of those estimated in the budget or a sufficient fund balance, the city council
by ordinance may make supplemental appropriations for the year up to the amount
of such excess.
(b) Emergency
appropriations. To meet a public emergency
affecting life, health, property, or the public peace, the city council or
mayor may make emergency special appropriations. Such appropriations may be
made by emergency ordinance or declaration. To the extent that there are no
available unappropriated revenues or a sufficient fund balance to meet such
appropriations, the council may by such emergency ordinance or declaration authorize
the issuance of emergency notes, which may be renewed from time to time, but
the emergency notes and renewals of any fiscal year shall be paid not later
than the last day of the fiscal year next succeeding that in which the
emergency special appropriation was made.
(c) Reduction
of appropriations. If at any time during the
fiscal year it appears probable to the mayor that the revenues or fund balances
available will be insufficient to finance the expenditures for which
appropriations have been authorized, the mayor shall report to the city council
without delay, indicating the estimated amount of the deficit, any remedial
action taken by the mayor and recommendations as to any other steps to be
taken. The council shall then take such further action as it deems necessary to
prevent or reduce any deficit and for that purpose it may by ordinance reduce
one (1) or more appropriations.
(d) Transfer
of appropriations. At any time during the fiscal
year the city council may by resolution transfer part or all of the
unencumbered appropriation balance from one (1) department or major
organizational unit to the appropriation for other departments or major
organizational units. The mayor may transfer part or all of any unencumbered
appropriation balances among programs within a department or organizational
unit and shall report such transfers to the council in writing prior to the
next council meeting.
(e) Limitation;
effective date. No appropriation for debt
service may be reduced or transferred, and no appropriation may be reduced
below any amount required by law to be appropriated or by more than the amount
of the unencumbered balance thereof. The emergency appropriations and reduction
or transfer of appropriations authorized by this section may be made effective
immediately upon adoption.
(Ref. of 5-7-96; 4-8-08, § E)
Every
appropriation, except an appropriation for a capital expenditure, shall lapse
at the close of the fiscal year to the extent that it has not been expended or
encumbered. An appropriation for a capital expenditure shall continue in force
until expended, revised, or repealed; the purpose of any such appropriation
shall be deemed abandoned if three years pass without any disbursement from or
encumbrance of the appropriation.
The city council
shall provide by ordinance the procedures for administering the budget.
No payment shall
be made or obligation incurred against any allotment or appropriation except in
accordance with appropriations duly made and unless the mayor or the mayor’s
designee first certifies that there is a sufficient unencumbered balance in
such allotment or appropriation and that sufficient funds therefrom are or will
be available to cover the claim or meet the obligation when it becomes due and
payable. Any authorization of payment or incurring of obligation in violation
of the provisions of this charter shall be void and any payments made illegal.
A violation of this provision shall be cause for removal of any officer who
knowingly authorized or made such payment or incurred such obligation. Such
officer may also be liable to the city for any amount so paid. Except where
prohibited by law, however, nothing in this charter shall be construed to
prevent the making or authorizing of payments or making of contracts for
capital improvements to be financed wholly or partly by the issuance of bonds
or to prevent the making of any contract or lease providing for payments beyond
the end of the fiscal year, but only if such action is made or approved by
ordinance.
(a) Submission
to city council. The mayor shall prepare and
submit to the city council a five-year capital program no later than July 1 of
each year for consideration.
(b) Contents. The capital program shall include:
(1) A
clear general summary of its contents;
(2) Identification
of the five-year goals of the city;
(3) A
list of all capital improvements and other capital expenditures which are
proposed to be undertaken during the five fiscal years next ensuing, with
appropriate supporting information as to the necessity for each;
(4) Cost
estimates and recommended time schedules for each improvement or other capital
expenditure;
(5) Method
of financing, upon which each capital expenditure is to be reliant;
(6) The
estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(7) A
commentary on how the plan addresses the financial sustainability of the city
and the region of which it is a part; and
(8) Methods
to measure outcomes and performance of the capital plan related to the long-term
goals of the city.
The above shall be
revised and extended each year with regard to capital improvements still
pending or in process of construction or acquisition.
(Ref. of 5-7-96; 4-8-08, § F)
(a) Notice
and hearing. The city council shall
publish in one (1) or more newspapers of general circulation in the city the
general summary of the capital program and a notice stating:
(1) The
times and places where copies of the capital program are available for
inspection by the public, and
(2) The
time and place, not less than two weeks after such publication, for a public
hearing on the capital program.
(b) Adoption. The city council, by resolution, shall adopt the
capital program with or without amendment after public hearing and on or before
the 30th day of September of the current fiscal year.
(Ref. of 5-7-96; 4-8-08, § G)
Copies of the
budget, capital program, and appropriation and revenue ordinances shall be
public records and shall be made available to the public for review at suitable
locations or by suitable means in the city.
(4-8-08, § H)
(a) Regular
elections. The regular city election
shall be held in even numbered years. Conduct of the election shall be in
accordance with provisions of state law. The date of the city election shall be
set by ordinance as the second Tuesday in April. The city may combine its
election with that of the Sioux Falls School Board.
(b) Registered
voter defined. All citizens legally
registered under the constitution and laws of the State of South Dakota to vote
in the city shall be registered voters of the city within the meaning of this
charter.
(c) Conduct
of elections. All elections provided for by
the charter shall be conducted by the election authorities established by law.
Candidates shall run for office without party designation and shall declare
whether seeking an at-large or district seat. Candidates for district seats
must reside within the district. No person shall be eligible for elective
municipal office unless a nominating petition is first filed. Nominating
petitions shall conform in all respects to the provisions of South Dakota state
law, except that the deadline for filing shall be no later than 5:00 p.m. on
the last Friday in February. The mayoral and at-large council candidate
nominating petitions shall be signed by not less than 200 registered voters of
the city. The council district nominating petitions shall be signed by not less
than 50 registered voters of the city. Council district nominating petitions
shall be signed by registered voters who shall reside in the council district
thereof, and who shall be eligible to vote for the nominee. For the conduct of
city elections, for the prevention of fraud in such elections, and for the
recount of ballots in cases of doubt or fraud, the city council shall adopt
ordinances consistent with law and this charter, and the election authorities
may adopt further regulations consistent with law and this charter and the
ordinances of the council. Such ordinances and regulations pertaining to
elections shall be publicized in the manner of city ordinances generally.
(Ref. of 5-7-96; 4-8-08, § I;
4-13-10, § C)
Section
6.02 Council districts: adjustment of districts.
(a) Number
of districts. There shall be five (5) city
council districts.
(1) There
shall be a districting commission consisting of five (5) members. No more than
three (3) commission members may belong to the same political party. The city
council shall appoint five (5) members, one member from each of the city’s five
(5) districts. These five (5) members shall, with the affirmative vote of at
least three (3) members, choose one of their members who shall serve as
chairperson.
(2) No
member of the commission shall be employed by the city or hold any other
elected or appointed position in the city.
(3) The
city council shall appoint the commission no later than one (1) year and five
(5) months before the first general election of the city council after each
federal decennial census. The commission’s term shall end upon adoption of a
districting plan, as set forth in section 6.02(c).
(4) In
the event of a vacancy on the commission by death, resignation, incapacity or
moving out of the district within 30 days of his or her appointment, the city
council shall appoint a new member enrolled in the same political party and
from the same city district from which his or her predecessor was selected, to
serve the balance of the term remaining.
(5) No
member of the districting commission shall be removed from office by the city
council except for cause and upon notice and hearing.
(6) The
members of the commission shall serve without compensation except that each
member shall be allowed actual and necessary expenses to be audited in the same
manner as other city charges.
(7) The
commission may hire or contract for necessary staff and may require agencies of
city government to provide technical assistance. The commission shall have a
budget as provided by the city council.
(1) Following
each decennial census or upon reliable evidence that the city’s population has
increased more than 15% since the last redistricting, the commission shall
consult the city council and shall prepare a plan for dividing the city into
districts for the election of council members. In preparing the plan, the
commission shall be guided by the criteria set forth in section 6.02(d). The
report on the plan shall include a map and description of districts
recommended.
(2) The
commission shall hold one (1) or more public hearings not less than 30 days
before it submits the plan to the city council. The commission shall make its
plan available to the public for inspection and comment not less than 30 days
before its public hearing.
(3) The
commission shall submit its plan to the city council not less than nine (9)
months before the first general election of the city council after each
decennial census.
(4) The
plan shall be deemed adopted by the city council unless disapproved within 21
days by the vote of the majority of all members of the city council. If the
city council fails to adopt the plan, it shall return the plan to the
commission with its objections, and with the objections of individual members
of the council.
(5) Upon
rejection of its plan, the commission shall prepare a revised plan and shall
submit such revised plan to the city council no later than 21 days after the
initial plan is rejected. Such revised plan shall be deemed adopted by the city
council unless disapproved within 14 days by the vote of two-thirds of all of
the members of the city council and unless, by a vote of two-thirds of all of
its members, the city council votes to file a petition in the Circuit Court,
Minnehaha County, for a determination that the plan fails to meet the
requirements of this charter. The city council shall file its petition no later
than 10 days after its disapproval of the plan. Upon a final determination upon
appeal, if any, that the plan meets the requirements of this charter, the plan
shall be deemed adopted by the city council and the commission shall deliver
the plan to the city clerk. The plan delivered to the city clerk shall include
a map and description of the districts.
(6) If
in any year population figures are not available at least one (1) year and five
(5) months before the first general election following the decennial census,
the city council may by local law shorten the time periods provided for
districting commission action in subsections (2), (3), (4), and (5) of this
section.
(d) Districting
plan; criteria. In preparation of its plan
for dividing the city into districts for the election of council members, the
commission shall apply the following criteria which, to the extent practicable,
shall be applied and given priority in the order in which they are herein set
forth.
(1) Districts
shall be equal in population except where deviations from equality result from
the application of the provisions hereinafter set forth, but no such deviation
may exceed five (5) percent of the average population for all city council
districts according to the figures available from the most recent census.
(2) Districts
shall consist of contiguous territory.
(3) No
voting precinct (as set by the counties) shall be divided in the formation of
districts.
(4) The
number of districts which include territory in more than one (1) county shall
be as few as possible.
(5) Consistent
with the foregoing provisions, the aggregate length of all district boundaries
shall be as short as possible.
(e) Effect
of enactment. The new city council
districts and boundaries as of the date of enactment shall supersede previous
council districts and boundaries for all purposes of the next regular city
election, including nominations. The new districts and boundaries shall
supersede previous districts and boundaries for all other purposes as of the
date on which all council members elected at that regular city election take
office.
(4-13-10, § B)
The powers of
initiative and referendum are hereby reserved to the electors of the city. The
provisions of the election law of the State of South Dakota, as they currently
exist or may hereafter be amended or superseded, shall govern the exercise of
the powers of initiative and referendum under this charter.
(a) Conflicts
of interest. The use of public office for
private gain is prohibited. The city council shall implement this prohibition
by ordinance. Regulations to this end shall include but not be limited to:
acting in an official capacity on matters in which the official has a private
financial interest clearly separate from that of the general public; the
acceptance of gifts and other things of value; acting in a private capacity on
matters dealt with as a public official, the use of confidential information;
and appearances by city officials before other city agencies on behalf of
private interests. The appearance of impropriety shall be avoided. Municipal
officials shall be, at a minimum, restricted from conflict of interest to the
same extent that state public officials are bound by state law; provided
however, that the city council may adopt an ordinance setting a stricter
standard.
(b) Board
of ethics. The city council shall, by
ordinance, establish an independent board of ethics to administer and enforce
violations of the conflict of interest and financial disclosure ordinances as
well as determine violations of Sections 2.05 (a) and (b), 6.01(c), and 7.02
(a) (3), (4), and (5) of this Charter and related ordinances. No member of the
board may hold elective or appointed office under the city or any other
government or hold any political party office. Insofar as possible under state
law, the city council shall authorize the board to issue binding advisory opinions,
conduct investigations on its own initiative and on referral or complaint,
refer cases for prosecution, impose administrative fines, and to hire
independent counsel. The city council shall appropriate sufficient funds to the
board of ethics to enable it to perform the duties assigned to it.
(4-13-04, § F; 4-8-08, § J; 4-10-12,
§ C)
(1) No
person shall be appointed to or removed from, or in any way favored or
discriminated against with respect to any city position or appointive city
administrative office because of race, gender, age, handicap, religion, country
of origin, or political affiliation.
(2) No
person shall willfully make any false statement, certificate, mark, rating, or
report in regard to any test, certification, or appointment under the
provisions of this charter or the rules and regulations made thereunder, or in
any manner commit or attempt to commit any fraud preventing the impartial
execution of such provisions, rules, and regulations.
(3) No
person who seeks appointment or promotion with respect to any city position or
appointive city administrative office shall directly or indirectly give,
render, or pay any money, service, or other valuable thing to any person for or
in connection with any test, appointment, proposed appointment, promotion, or
proposed promotion.
(4) No
person shall knowingly or willfully solicit or assist in soliciting any
assessment, subscription, or contribution for any political party or political
purpose to be used in conjunction with any city election from any city
employee.
(5) No
city employee shall, directly or indirectly, contribute money or anything of
value to or render service in behalf of the candidacy of any candidate for
nomination or election to any city office. Elected officials and spouses of
city employees acting on their own behalf are exempt from this prohibition. The
expression of private or personal views concerning candidates for political
office is not prohibited hereby.
(b) Penalties.
Any person violating this section shall be ineligible for a period of five (5)
years following such violation to hold any City elected or appointed office or
board. If the person violating this section is a city officer or employee, said
violation shall be sufficient cause for the suspension, demotion or termination
of employment of the officer or employee. The city council may establish by
ordinance any further penalties as it may deem appropriate.
(4-11-00, § G; 4-13-04, §§ G, H)
Amendments to this
charter may be framed and proposed:
(a) In
the manner provided by law, or
(b) By
ordinance of the city council containing the full text of the proposed
amendment (except that sections 1.04, 1.05, 2.01, 2.02, 2.03, and 2.04 and
article III cannot be so amended) and effective upon adoption, or
(c) By
report of a charter commission created by ordinance; or
(d) By
the voters of the city, when any 15 qualified voters initiate proceedings to
amend the charter by filing with the city clerk an affidavit stating they will
constitute the petitioners’ committee and be responsible for circulating the
petition and filing it in proper form, stating their names and addresses and
specifying the address to which all notices to the committee are to be sent,
and setting out in full the proposed charter amendment. Promptly after the
affidavit of the petitioners’ committee is filed the clerk shall issue the
appropriate petition blanks to the petitioners’ committee. The petitions shall
contain or have attached thereto throughout their circulation the full text of
the proposed charter amendment and must be signed by registered voters of the
city in the number of at least 5 percent of the total number of registered
voters at the last regular city election.
Upon delivery to
the city election authorities of the report of a charter commission pursuant to
section 8.01(c) or delivery by the city clerk of an adopted ordinance proposing
an amendment pursuant to section 8.01(b) or a petition finally determined
sufficient to propose an amendment pursuant to section 8.01(d), the election
authorities shall submit the proposed amendment to the voters of the city at an
election. Such election shall be announced by a notice containing the complete
text of the proposed amendment and published in one (1) or more newspapers of
general circulation in the city at least 30 days prior to the date of the
election. If the amendment is proposed by petition, the amendment may be
withdrawn at any time prior to the thirtieth day preceding the day scheduled
for the election by filing with the city clerk a request for withdrawal signed
by at least two-thirds of the members of the petitioners’ committee. The
election shall be held not less than 60 and not more than 120 days after the
adoption of the ordinance or report or the final determination of sufficiency
of the petition proposing the amendment. If no regular election is to be held
within that period, the city council shall provide for a special election on
the proposed amendment; otherwise, the holding of a special election shall be
as specified in the state election law.
If a majority of
the registered voters of the city voting upon a proposed charter amendment vote
in favor of it, the amendment shall become effective at the time fixed in the
amendment or, if no time is therein fixed, 30 days after the initial canvas certifying
its adoption by the voters.
(a) Rights
and privileges preserved. Nothing in this charter
except as otherwise specifically provided shall affect or impair the rights or
privileges of persons who are city officers, appointees, or employees at the
time of its adoption. State law governing Change of Employee Contributions or
Benefits shall apply to the city under this charter.
(b) Continuance
of office or employment. Except as specifically
provided by this charter, if at the time this charter takes full effect an
appointive administrative officer or employee holds any office or position
which is or can be abolished by or under this charter, it shall continue until
the taking effect of some specific provision under this charter directing that
the office or position be eliminated.
(c) Personnel
system. An employee holding a city
position at the time this charter takes full effect, who was serving in that
same or a comparable position at the time of its adoption, shall not be subject
to competitive tests as a condition of continuance in the same position but in
all other respects shall be subject to the personnel system provided for in
section 4.02.
Section
9.02 Departments, offices, and agencies.
(a) Transfer
of powers. If a city department, office,
board, or agency is abolished by this charter, the powers and duties given it
by law shall be transferred to the city department, office, board, or agency
designated in this charter, or if the charter makes no provision, designated by
the city council.
(b) Property
and records. All property, records, and
equipment of any department, office, board, or agency existing when this
charter is adopted shall be transferred to the department, office, board, or
agency assuming its powers and duties, but; in the event that the powers or
duties are to be discontinued or divided between units or in the event that any
conflict arises regarding a transfer, such property, records, or equipment
shall be transferred to one (1) or more departments, offices, boards, or
agencies designated by the city council in accordance with this charter.
All rights,
claims, actions, orders, contracts, and legal administrative proceedings shall
continue except as modified pursuant to the provisions of this charter and in
each case shall be maintained, carried on, or dealt with by the city
department, office, board, or agency appropriate under this charter.
(a) In
general. All city ordinances,
resolutions, policies, orders, codes, and regulations which are in force when
this charter becomes fully effective remain effective, except as stated in
subsection (b).
(b) Exceptions. All city ordinances, resolutions, orders, and
regulations which are in force when this charter becomes fully effective are
repealed to the extent that they are inconsistent or interfere with the
effective operation of this charter or of ordinances or resolutions adopted
pursuant thereto. To the extent that the constitution and law of the State of
South Dakota permit, all laws relating to or affecting this city or its
agencies, officers, or employees which are in force when this charter becomes
fully effective are superseded to the extent that they are inconsistent or
interfere with the effective operation of this charter or of ordinances or
resolutions adopted pursuant thereto.
(c) The
term “city commission” in all city ordinances,
resolutions, policies, orders, and regulations which are in force when this
charter becomes fully effective is hereby replaced by the term “city council.”
(a) First
election. At the time of its adoption,
this charter shall be in effect to the extent necessary in order that the first
election of mayor and members of the city council may be conducted in
accordance with the provisions of this charter. The first election shall be
held on November 8, 1994 or the first available Tuesday after that as
determined by election officials. The Sioux Falls city officials to be
designated shall prepare and adopt temporary regulations applicable only to the
first election and designed to insure its proper conduct and to prevent fraud
and provide for recount of ballots in cases of doubt or fraud.
The term of the
two at large council members receiving the most votes among the at large
candidates in the first election shall be four (4) years. The term of the at
large council member receiving the third largest vote counts among the at large
candidates shall be two (2) years.
The terms of the
two council members receiving the most votes among the five (5) elected by the
five (5) districts in the first election shall be four years. The term of the
other three council members elected by district shall be two (2) years.
The five (5)
districts for the first election and until the redistricting required after the
2000 census, shall be as follows:
(1) The
southwest district shall be comprised of the following complete precincts: 4-4,
4-5/6, 10-1/7, 10-3/5 and 11-1, 10-4, and 10-6.
(2) The
southeast district shall be comprised of the following complete precincts: 3-4,
3-6, 3-7/8, 3-9, 9-5, 9-6, 9-8/9, 10-2 and 12-1.
(3) The
northwest district shall be comprised of the following complete precincts: 4-3,
5-2, 5-3, 5-4, 6-1, 6-2, 7-1, 7-3, and 11-2/3.
(4) The
northeast district shall be comprised of the following complete precincts: 7-2,
7-4, 8-1, 8-2, 8-3, 9-1, 9-2, 9-4, and 9-7.
(5) The
central district shall be comprised of the following complete precincts: 1-1,
2-1, 2-2, 3-1, 3-2, 3-3, 3-5, 4-1, 4-2, 5-1, and 9-3.
(b) Time of
taking full effect. The charter shall be in full
effect for all purposes on and after January 1, 1995.
(e) Initial
expenses. The initial expenses of the
mayor and city council shall be paid by the city on vouchers signed by the
mayor.
(f) Salary
of mayor and council members. The
mayor’s salary having been established in the amount of $75,000 by this
provision in 1995, each other council member shall receive an annual salary in
the amount of fifteen (15) percent of the mayor’s salary. The mayor’s salary
shall automatically be adjusted annually for inflation or deflation with each
other council persons salary thereafter adjusted to be equal to fifteen (15)
percent of the mayor’s new adjusted salary. No meeting fees shall be paid to
the mayor nor city council members.
(Ref. of 5-7-96; 4-11-00, § H)