TITLE 1 -- Adminstrative Code

TITLE 1 -- ADMINISTRATIVE CODE

Chapter 1.01 - Municipal Employees

Chapter 1.02 - Mayor and City Council

Chapter 1.03 - Fire Department

Chapter 1.04 - Municipal Liquor Store

Chapter 1.05 - Finance Regulations

Chapter 1.06 - Summer Recreational Activities

CHAPTER 1.01 - MUNICIPAL EMPLOYEES

1.01.01 Appointment of Officers. At the regular meeting of each May, there shall be appointed a Finance Officer, Maintenance Superintendent, and such other officers as may be provided by ordinance, to hold office until the appointment and qualifications of successors. All such appointments shall be made by the City Council. The City Council may by resolution enter into a contract pursuant to SDCL 9-14 with an attorney to provide legal services to the City as the City Attorney. (SDCL 9-14-3)

1.01.02 Salaries. The salaries of all appointive officers and employees of the City shall be approved by the City Council by special ordinance or resolution and shall be paid monthly unless otherwise provided. The Finance Officer shall be bonded in such sum to be approved by the City in accordance with state law, conditioned for the faithful performance of the duties of such office. (SDCL 9-14-1, SDCL 9-14-28)

CHAPTER 1.02 - MAYOR AND CITY COUNCIL

1.02.01 Composition. The City Council shall consist of the Mayor, elected at large, and 4 City Council members, two to be elected from each ward. The Mayor and City Council members shall be elected for 2 year terms. (SDCL 9-8-4)

1.02.02 Regular Meetings. On the first Monday of each month at 7:00 PM the City Council shall meet at the City Hall or other designated place, to consider, take under advisement, and act upon such business as may come before it. (SDCL 9-8-8)

1.02.03 Special Meetings of City Council. Special meetings of the City Council may be called by the Mayor or by any member of the City Council. The call of the special meeting shall be made in writing, signed by the person issuing such call and filed with the Finance Officer and entered upon the records. Such call shall state the time, place and object of the special meeting. When a call of a special meeting has been filed, it shall be the duty of the Finance Officer to immediately prepare such written notice of special meeting and to deliver copies to each member of the City Council who may be located with reasonable diligence within the municipality. The Finance Officer shall also cause such written notice of the special meeting to be posted in a conspicuous place at the regular meeting place of the City Council and at one other conspicuous place within the municipality. Special meetings shall be conducted according to the regular rules of procedure adopted by the City Council, and as governed by statute.

1.02.04 Supervision of Departments. The Mayor, with the approval of the Council, at the first meeting in May of each year, shall appoint one or more members of the Council to act in a supervisory capacity in the Departments of Water, Street, Police, Fire and any other departments of the City, and such Council members, so appointed, shall have supervision over the Department to which they are named as supervisors, and shall from time to time and as requested by the Council, report as to the condition and matters in said department.

1.02.05 Compensation, Mayor and City Council. The Mayor and City Council members are to be allowed compensation for their service to the City. Such compensation shall be established by resolution of the City Council.

1.02.06 Operation of Municipal Liquor Store by Elected City Officials. No elected City official of the City of Canistota may be considered for or allowed to buy, lease, rent or manage the Municipal Liquor Store owned by the City of Canistota while an officer holder, except on a temporary basis in an emergency situation.

CHAPTER 1.03 - FIRE DEPARTMENT

1.03.01 Establishment. There shall be established for the City a Volunteer Fire Department which shall consist of a Chief, Assistant Chief, Secretary-Treasurer, and such other members as may be from time to time determined by the Fire Department. (SDCL 9-33-13)

1.03.02 Constitution and Bylaws. The Fire Department may adopt such constitution and bylaws and rules for its regulation and government, subordinate to the ordinances of the City, as it may deem best calculated to accomplish the object of its organization.

1.03.03 Members. The members of the Fire Department shall be able bodied persons of good moral character, duly elected by a majority of the active members of the Fire Department.

1.03.04 Terms of Office. The Chief, Assistant Chief, and Secretary-Treasurer shall be the head of the Fire Department and shall hold office for a term of 1 year and until their successors shall be appointed and qualified.

1.03.05 Appointment of Officers. The officers shall be nominated by the active members of the Fire Department and elected by a majority of members present at the annual meeting of the Fire Department on the first Monday in January of each year; the names of such officers shall be reported to and confirmed by the City Council.

1.03.06 Meetings. The Fire Department shall meet at least once a month upon call of the Fire Chief and any member not responding to such call unless absent from the City, or upon other good cause shown to the satisfaction of the Chief may be dismissed from said Department.

1.03.07 Appropriation. The City Council shall, in its annual appropriation, appropriate such amounts as they may deem necessary for the purpose of maintaining such Fire Department including equipment, ladders, trucks, hoses and other apparatus, and providing such necessary articles of clothing as they may deem necessary for the members of said Department. (SDCL 9-33-12)

1.03.08 Equipment. The equipment, trucks, implements and all apparatus shall be kept at such place as may be provided and directed by the City Council and shall at all times be ready for immediate use. (SDCL 9-33-11)

1.03.09 Duties of Chief. The Fire Chief shall have sole charge and control over all the members of the Fire Department at fires. The Chief shall, at all times, have the general direction and management of all hoses, chemicals, engines, and other apparatus belonging to the Department.

1.03.10 Fire Zone. The Chief, or acting Chief in command, may prescribe limits around any fire, and it shall be unlawful for any person, except those who reside therein, or firemen, law enforcement officers and those given admission by any officer of the Fire Department, to enter therein.

1.03.11 Investigation of Cause of Fire. The Chief shall inquire into and investigate the cause of each fire that occurs in the City as soon as possible, and make a record of such proceedings and file the same or a copy thereof with the Secretary of the Fire Department.

1.03.12 Financial Estimate. The Chief shall prepare in detail and submit to the Finance Officer on or before the first day of August each year, an estimate of the entire cost and expense of providing and maintaining the Fire Department during the current fiscal year, and shall present such estimate to the City Council with an annual budget estimate for the following year.

1.03.13 Command in Absence of Chief. If the Chief is absent from any fire call, the Assistant Chief or the Secretary Treasurer shall take charge of the organization and shall have and exercise all the powers of Chief.

1.03.14 Vacancy. In case of a vacancy occurring in the office of Chief, the Assistant Chief shall discharge the duties of the Chief until such vacancy is filled.

CHAPTER 1.04 - MUNICIPAL LIQUOR STORE

1.04.01 Management and Operation. The Municipal Liquor Store shall be under the direct supervision of the City Council and shall be operated by a manager to be appointed by the Mayor with the approval of the Council at its first meeting in May of each year.

1.04.02 Reports. The operator of the Municipal Liquor Store shall, in accordance with Chapter 35-3, South Dakota Codified Law, and as directed by the City Council, furnish reports at such stated intervals as may be directed, showing all sales, purchases, and transactions of all kinds and descriptions occurring in the conduct of said business. Such reports shall be filed with the Finance Officer at the time and in the manner as directed by the City Council.

1.04.03 Receipts Deposited with Finance Officer. All receipts of the Municipal Liquor Store necessary to reimburse the City for Liquor Store purchases shall be deposited with the Finance Officer who shall keep such receipts in a separate account which shall be disbursed only upon direction of the City Council.

1.04.04 Hours and Conduct of Business. The Municipal Liquor Store shall not be open from 2:00 AM to 7:00 AM, Monday through Saturday, and from 12:00 midnight to 7:00 AM, Sunday, and shall at all times be regulated as provided by ordinance and by Title 35, South Dakota Codified Law.

1.04.05 Municipal Operating Agreement Permitted. Nothing shall prevent the City from entering, by resolution, into an operating agreement pursuant to Chapter 35-4-19, South Dakota Codified Law. The provisions of any such operating agreement may vary from those of this ordinance.

CHAPTER 1.05 - FINANCE REGULATIONS

1.05.01 Revenues and Special Funds. All money belonging to the City from taxation, licenses, fines, permits, the operation of utilities, or from any other source, shall be paid into the City treasury, and the City Council shall designate by ordinance to what fund or funds such money shall be applied. The Finance Officer shall keep full, true and just accounts of all financial affairs of the City and shall keep such accounts and furnish in such form and in such manner from time to time as required by the South Dakota Department of Revenue. (SDCL 9-14-18)

1.05.02 Records Retention and Destruction. The Records Retention and Destruction Schedule Manual, authorized for South Dakota municipalities by the Office of Records Management, Bureau of Administration, State of South Dakota, shall be adopted by the City Council, and a printed copy of such manual shall be filed with the Finance Officer.

1.05.03 Purchases. All purchases must be approved in advance by the Finance Officer. The Finance Officer shall prepare a purchase order to accompany all purchases. The City shall pay for only those purchases accompanied by a purchase order.

CHAPTER 1.06 - SUMMER RECREATIONAL ACTIVITIES

1.06.01 Authorized. There shall be authorized a Summer Youth Activities Advisory Committee.

1.06.02 Appointment. Members of the Summer Youth Activities Advisory Committee shall be appointed by the Mayor and approved by the City Council at the regular May meeting of the Council, in such number as the Mayor and Council deem appropriate. Members shall receive no compensation for their service.

1.06.03 Duties. On or before the first day of August, the Committee shall submit to the Finance Officer a recommended budget and program for city youth baseball and softball for the ensuing year. The budget shall include funds necessary for maintaining, constructing and improving park facilities, compensating coaches, and additional appropriate expenses of such programs. Such estimate shall include anticipated revenues earned from ball program functions. Any such revenues earned shall be deposited with the Finance Officer for appropriate fund accounting.

1.06.04 Meetings. The Committee shall hold meetings as deemed necessary. The Committee shall select a Chairperson to direct meetings and present recommendations to the City Council at the annual budget hearing.

1.06.05 Responsibility for Summer Youth Activities Programs. Ultimate responsibility for operation of summer youth activities programs remains with the City, unless an operating agreement is entered into pursuant to 1.06.06 below. Decisions of the Mayor and Council are controlling. Operations of such program shall comply with city and state regulations.

1.06.06 Operating Agreement. Notwithstanding the provisions of this Chapter, the Council may enter into an agreement with an independent nonprofit organization to operate the summer youth activities programs. Such organization shall possess a valid federal employer identification number and state sales tax license prior to entering any agreement with the City. Maintenance of all public facilities shall remain the responsibility of the City, except as provided in the operating agreement.