Article I. Board of Ethics, Qualifications, Appointments, Terms, Powers, and Duties
Sec. 12½-1. Board of ethics created.
Sec. 12½-2. Qualifications and board composition.
Sec. 12½-10. Powers and duties of the board of ethics.
Article II. Conflicts of Interests of Officers and Employees
Sec. 12½-13. Declaration of policy.
Sec. 12½-17. Acceptance of gifts and other things of value.
Sec. 12½-18. Disclosure of confidential information.
Sec. 12½-19. Disclosure of confidential or privileged information prohibited.
Sec. 12½-20. Appearances by city officials on behalf of private interests.
Sec. 12½-21. Prohibited conduct after leaving the city.
Sec. 12½-22. Advisory opinions.
Sec. 12½-23. Complaint procedure.
Sec. 12½-25. Collective bargaining agreements.
Article III. Conflicts of Interest and Standards of Conduct of City Council Members
Sec. 12½-27. Declaration of policy.
Sec. 12½-29. Definitions in this article.
Sec. 12½-30. Conflicts of interestCity council members.
Sec. 12½-31. Standards of conductCity council members.
Sec. 12½-32. Conflicts of interestFormer city officials.
Sec. 12½-33. Disclosure of interest.
Sec. 12½-34. Advisory opinionsElected officials and candidates.
Sec. 12½-35. Complaint procedure.
Secs. 12½-3812½-50. Reserved.
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* Amended by Ord. No. 24-09, § 1, adopted 3-16-09.
There is hereby created a board which shall be known as the board of ethics which shall consist of five members.
(Ord. No. 24-09, § 2, 3-16-09)
No member of the board may be an officer or employee of the city or any other governmental unit, including a school district, or hold any political party office. No member of the board may endorse or engage in any political or campaign activity on behalf of any candidate for city office.
(Ord. No. 24-09, § 3, 3-16-09)
The members of the board of ethics shall be appointed by the mayor with the advice and consent of the city council.
(Ord. No. 24-09, § 4, 3-16-09)
The members of the board of ethics shall be appointed for staggered terms of four years.
(Ord. No. 24-09, § 5, 3-16-09)
No member of the board of ethics shall receive a salary. Members may be reimbursed for expenses in accordance with city policy.
(Ord. No. 24-09, § 6, 3-16-09)
The board of ethics shall annually select a chairperson from its members.
(Ord. No. 24-09, § 7, 3-16-09)
(a) The board of ethics may meet in executive session pursuant to state law. The board of ethics must give advance notice to the public of all meetings in accordance with SDCL 1-25-1.1.
(b) The board of ethics shall meet at least quarterly.
(Ord. No. 24-09, §9, 3-16-09)
Three members of the board of ethics shall constitute a quorum for the transaction of business coming before it.
(Ord. No. 24-09, § 10, 3-16-09)
(a) Any person who is a resident of the city or is doing or attempting to do business with the city may file a complaint with the board. Such complaint shall be in writing, signed and dated, and include an address and telephone number. All complaints shall be sworn to by a notary public and filed with the office of the city attorney.
(b) All complaints shall remain confidential and follow such provisions of public disclosure set out in Article II and Article III, respectively.
(Ord. No. 24-09, § 11, 3-16-09)
In addition to the other powers and duties specifically mentioned in this article, the board of ethics shall have the following powers and duties:
(1) To initiate and to receive complaints of violations of any of the provisions of Article II and Article III.
(2) To determine whether to investigate and whether to act upon any particular complaint under Article II.
(3) To conduct investigations, inquiries, and hearings concerning any matter covered by Article II.
(4) To conduct reviews and/or investigations based on requests or complaints concerning any matter covered by Article III.
(5) Under Article II, the board shall advise any individual whose acts are the subject of a complaint to the board and consult with the individual early in the process.
(6) Under Article II, to subpoena persons or documents and issue subpoenas to the fullest extent authorized by law.
(7) Under Article II, to request the assistance of other appropriate agencies in conducting investigations.
(8) To consult with municipal agencies, officials and employees on matters involving ethical conduct.
(9) To recommend such legislative action as it may deem appropriate to effectuate the policy of Article II.
(10) To carry out such educational programs as it deems necessary to effectuate the policy and purpose of Article II.
(11) To promulgate any rules and regulations for the conduct of board of ethics activities, not inconsistent with the intent of Article II or the city charter, including procedural rules consistent with the requirements of due process of law.
(12) To prescribe forms for the disclosure and registration of information as provided in Article II.
(13) The board of ethics may also render advisory opinions at the boards' discretion with respect to Article II.
(14) The board of ethics may render advisory opinions at the request of an elected official of the city with respect to Article III.
(15) To offer recommendations with respect to remedies for violations of Article II.
(Ord. No. 24-09, § 12, 3-16-09)
(a) The board shall keep minutes of its proceedings, showing the vote of each member upon every question, and shall also keep records of its investigations and other official actions.
(b) Designees within the city attorney's staff shall serve as administrative and secretarial staff to the board, shall take and preserve minutes of all meetings, including those deemed confidential, and shall produce all reports and written documents. An annual report will be produced on the past costs of such activities and from which estimated cost should be included in the next annual budget as a separate item.
(Ord. No. 24-09, § 13, 3-16-09)
The person serving as city attorney shall serve as legal counsel to the board of ethics. The city attorney may consult with outside legal counsel as needed.
(Ord. No. 24-09, § 14, 3-16-09)
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* Amended by Ord. No. 24-09, § 15, adopted 3-16-09.
The proper operation of a republic requires that public officers and employees be honest, impartial, and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. This article applies to city officers and employees, whether appointed, paid or unpaid, including members of all boards, commissions, and committees of the city. The purpose of these regulations is to establish guidelines setting forth those actions which are incompatible with the best interest of the citizens of the city and directing disclosure by such officers and employees of private financial or other interests in matters affecting city government. This article does not apply to the mayor and council members.
(Ord. No. 24-09, § 16, 3-16-09)
This article shall be liberally construed to protect the public interest in full disclosure of conflicts of interest and promoting ethical standards of conduct for municipal officers, employees, members of city agencies, and all advisory boards.
(Ord. No. 24-09, § 17, 3-16-09)
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory opinion means a written opinion offering the board's advice to the requestor in conjunction with its interpretation of the city charter or ordinances and state law on a matter submitted for that purpose. Advisory opinions may be requested by person(s), subject to Article II, seeking advice about his or her current conduct or an anticipated future behavior or activity.
Business means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, activity, or entity.
City agency means any authority, advisory board, body, commission, committee, department, unit, division, or office of the city.
Complaint means a formal accusation against a person(s) alleging unethical or improper actions, behavior or conduct as defined by city charter or city and state law.
Confidential information means all information, including information described in section 12½-19 whether transmitted verbally or in writing, which is not, at the time, a public record pursuant to SDCL 1-27-1.
Financial interest means an expectation of receiving a pecuniary benefit. A financial interest of a person includes any financial interest of a member of that person's immediate family. A person has a financial interest in an organization in which that person has an ownership interest, or is a director, officer or employee. A person has a financial interest in a decision if a financial interest of that person will vary with the outcome of the decision. A financial interest does not include the following:
(1) A personal or financial interest which is not of the magnitude that would exert an influence on an average, reasonable person.
(2) A personal or financial interest of a type which is generally possessed by the public or a large class of persons to which that official or employee belongs.
(3) An action or influence which would have an insignificant or conjectural effect on the matter in question.
Immediate family means any person related to an officer or employee within the first degree of consanguinity and includes a spouse, parent, child, grandparent, grandchild, or an individual claimed by that individual or the spouse as a dependent for federal income tax purposes.
Income means any money or thing of value received or to be received as a claim on future services, whether in the form of a fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, and shall include all income from whatever source derived.
Officer or employee means any person appointed to, or employed or retained by, any public office or public body of the city, whether paid or unpaid and whether temporary, part-time, or full-time.
(Ord. No. 24-09, §18, 3-16-09)
(a) No officer or employee of the city shall knowingly have a financial interest clearly separate from that of the general public in any contract, transaction, zoning decision, or other matter which is subject to an official act or services from the city. This provision shall not apply if the interested officer or employee discloses by written communication to his or her immediate supervisor, director and the appropriate elected official(s) and they reply with unanimous consent to such financial interest or if the person serves on a lay board and discloses to the city council the full nature and extent of such interest and disqualifies and/or removes himself or herself from consideration or future participation in the matter in any respect.
(b) The foregoing conflict of interest prohibition shall not apply if an interested officer or employee does not or will not act in the regular course of his or her duties and responsibilities, directly or indirectly, for the city as to inspection, any related performance issues or any operational oversight or work with the matter in question. Also, this prohibition may not apply if the interested officer or employee is an employee of a business involved in the matter in question and such officer or employee has no ownership interest in the matter and will not receive a fee or compensation related thereto.
(Ord. No. 24-09, § 19, 3-16-09)
(a) No officer or employee shall directly or indirectly solicit any gift, or accept any gift whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence the officer or employee, in the performance of official duties, or was intended as a reward for any official action.
(b) Legitimate political contributions are not gifts under the provisions of this chapter.
(c) It is not a conflict of interest for any official or employee to receive a gift or gratuity that is an unsolicited item of nominal intrinsic value.
(Ord. No. 24-09, § 20, 3-16-09)
During the period of employment or service and for two years thereafter, no officer or employee, with respect to any contract, transaction, zoning decision, or other matter which is or may be the subject of an official act or action of the city shall, without appropriate authorization, disclose confidential information concerning the property, government, or affairs of the city. In addition, no officer or employee shall use such information to advance the financial or other private interest of the officer or employee or others.
(Ord. No. 24-09, § 21, 3-16-09)
No member of any city agency may publicly disclose information received, discussed, or decided in executive session or in conference with legal counsel which is protected by the attorney/client privilege or has been confidentially disclosed at a meeting held subject to the provisions of SDCL 1-25-2, unless a majority of the members of the city agency has authorized that disclosure or unless a disclosure is authorized by a court of competent jurisdiction.
(Ord. No. 24-09, § 22, 3-16-09)
No officer or employee, except when acting in an official capacity, shall appear on behalf of any private person before any city agency. This section shall not apply to any officer who has fully informed the city agency of the officer's private interest in a matter and the officer does not participate in any decision related thereto.
(Ord. No. 24-09, § 23, 3-16-09)
No present or former officer or employee may represent another person for compensation before the city or any public body thereof while in office or employed for a period of two years from the date of termination of their office or employment concerning any matter with which such officer or employee was directly concerned and in which such officer or employee personally participated during the employment or service by a substantial and material exercise of administrative discretion either during their holding of office or employment or for a period of two years thereafter.
(Ord. No. 24-09, § 24, 3-16-09)
An advisory opinion may be requested from the board of ethics by any city officer and employees whether appointed, paid or unpaid, including members of all boards, commissions, and committees of the city who seeks the board of ethics opinion to interpret the law as it applies to himself or herself.
(Ord. No. 24-09, § 25, 3-16-09)
An allegation or complaint that a city employee or officer has violated the conflicts of interest or standards of conduct outlined in this article shall be made in writing, sworn to before a notary public, and filed with the office of the city attorney. Such complaints shall describe in detail the act or acts complained of and the specific section(s) of this article alleged to have been violated. A general complaint or allegation lacking in detail will not be considered sufficient to invoke the investigation procedures set forth herein. Anonymous complaints shall not be considered. All allegations or complaints shall be referred to the board of ethics who shall review the complaint in the light of the conflicts of interest as set forth in this article. A copy of the complaint shall be sent to the city employee or officer against whom a complaint has been filed by certified mail within two business days of the filing of the complaint. All complaints shall remain confidential until such a time that the board of ethics determines they shall be made public or until the person(s) against whom the complaint was filed consents or requests a public hearing, whichever may occur first.
(Ord. No. 24-09, § 26, 3-16-09)
Violation of this article may be punished under the general penalty provisions of this code. In addition, upon the finding of a violation of this article by four members, the board of ethics may exercise any one or any combination of the following remedies:
(1) Reprimand the officer or employee, either privately or publicly, either orally or in writing.
(2) Order the suspension or removal of an officer from service on a lay board.
(3) Recommend the suspension, demotion, or termination of employment of any compensated employee of the city.
(4) Impose an administrative fine not to exceed $500.00.
(5) Refer to the city attorney to prosecute for violation of city ordinance.
(6) Refer to the city attorney to seek civil remedies to enjoin any activity prohibited by this article.
(7) Defer taking any formal action by imposing a probationary period up to one year.
Any finding from the board resulting in a recommended suspension, demotion, termination of employment, or an imposed fine shall be considered cause under section 30-46 of this Code if final action is taken thereon by the city pursuant to the issuance of an employee incident report.
(Ord. No. 24-09, § 27, 3-16-09)
Nothing in this chapter shall be enforced contrary to the provisions of any collective bargaining agreements between the city and its employees.
(Ord. No. 24-09, § 28, 3-16-09)
Pursuant to Article IX of the South Dakota Constitution, any action taken by the board of ethics in response to a filed or initiated complaint is subject to judicial review as provided by SDCL Ch. 21-31 within 20 days of the board's final action in the matter.
(Ord. No. 24-09, § 29, 3-16-09)
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* Added by Ord. No. 24-09, § 30, adopted 3-16-09.
All city council members shall act with integrity, impartiality, and dedication to the best interest of the city and the public trust which they hold.
The citizens have a right to expect that city council members will conduct themselves in a manner that will tend to preserve public confidence in and respect for the government they represent.
The public confidence and respect can best be promoted if city council members uniformly treat all citizens with courtesy, impartiality, fairness, and equality under the law and avoid both actual and potential conflicts between their private self-interest and the public trust.
The purpose of this article is to regulate conflicts of interest and standards of conduct for city council members by setting forth conduct which is incompatible with the best interest of the city, and by directing disclosure by city council members of private financial or other interests in matters affecting the city.
(Ord. No. 24-09, § 31, 3-16-09)
This article shall be liberally construed to protect the public interest in full disclosure of conflicts of interest and promoting ethical standards of conduct for city council members.
(Ord. No. 24-09, § 32, 3-16-09)
The following words, terms and phrases, when used in this article, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory opinion means a written opinion offering the board's advice to the requestor in conjunction with its interpretation of the city charter or city and state law on a matter submitted for that purpose. Advisory opinions may be requested only by city council members seeking advice about his or her current conduct or an anticipated future behavior or activity(ies). The city council member seeking an advisory opinion shall be the sole determiner in the election of whether the opinion is confidential or public.
Benefit means anything reasonably regarded as economic gain or economic advance, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law.
Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business is conducted.
City council member, for the purposes of this article, means all members of the city council, including the mayor.
Complaint means a formal accusation against a city council member alleging unethical or improper actions, behavior or conduct as defined by city charter or city and state law.
Confidential information means privileged statements or communications, whether expressed or implied, oral or written, between the city council member, city employees, and their attorneys; work product of the city attorney, or other attorneys representing the city, its council member, officers and employees; and city records, documents, and other information not subject to public disclosure or dissemination by law.
Financial interest means an expectation of receiving a pecuniary benefit. A financial interest of an official includes any financial interest of a member of that person's immediate family. A person has a financial interest in an organization in which that person has an ownership interest, or is a director, officer or employee. An official has a financial interest in a decision if a financial interest of that person will vary with the outcome of the decision. A financial interest does not include the following:
(1) A personal or financial interest which is not of the magnitude that would exert an influence on an average, reasonable person.
(2) A personal or financial interest of a type which is generally possessed by the public or a large class of persons to which that official belongs.
(3) An action or influence which would have an insignificant or conjectural effect on the matter in question.
Holding other office means holding another elected public office during the term for which the member was elected to the city council, or holding a full-time position with the city as an employee of the mayor and his or her administration.
Immediate family means any person related to a city council member within the first degree of consanguinity and includes a spouse, parent, child, grandparent, grandchild, or an individual claimed by that individual or their spouse as a dependent for federal income tax purposes.
Official(s),when referenced in this article, means the mayor or any other member of the city council.
(Ord. No. 24-09, § 33, 3-16-09)
City officials shall not:
(1) Participate or vote in matters in which they have a direct or indirect financial interest in any contract with the city.
(2) Participate or vote in matters in which they may be directly or indirectly financially interested in the sale of land to the city, or in which they may have rights or interests in the sale of any materials, supplies, or services to the city.
(3) Participate or vote in any other matters in which they may have a direct or indirect financial interest, or in which an immediate family member has a direct or indirect financial interest.
(4) Except when acting in an official capacity, appear on behalf of any private person before any city agency. An official may appear at any place on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. Officials shall not receive compensation for such appearances, unless specifically authorized by action of the city council. However, this section shall not apply to any official who has fully informed the city agency of his or her private interest in a matter and he or she does not participate in any decision related thereto.
(5) Directly or indirectly solicit any gift, or accept any gift whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence the officer, in the performance of their official duties, or was intended as a reward for any official action.
a. Legitimate political contributions are not gifts under the provisions of this article.
b. It is not a conflict of interest for any official to receive a gift or gratuity that is an unsolicited item of nominal intrinsic value.
(6) Participate or vote in matters having a financial interest in any property within 300 feet of property involved in a zoning matter before the city council.
(7) Participate or vote in matters that come before the city council directly or indirectly involving the interest of a present business client or customer of any official or the interest of a person or entity who has been a business client or customer of any official within the prior 12 months. A business client or customer is any person or entity for which the official is employed or if in the past 12 months payment has been received by the official from such person or entity in the amount of $5,000.00 or greater and that fact is or should be known by the official.
(Ord. No. 24-09, § 34, 3-16-09)
City officials shall not take action to:
(1) Disclose confidential information.
(2) Directly or indirectly use any confidential information which was gained because of their official position or employment for their own personal gain or benefit or for the benefit of others. Disclose or reveal any information or the contents of any discussion which took place in executive session under the provisions of the state open meetings law.
(3) Disclose or reveal any information, or the contents of any discussion, considered during an executive session or closed meeting conducted pursuant to the state open meetings law, held by the city council, any city agency, board, commission, committee, or department, except as may be authorized by a majority vote of that body.
(4) Grant any special consideration, treatment, or advantage to any citizen, individual, business organization, or group beyond that which is normally available to every other citizen, individual, business organization, or group.
(5) Use their elected position to secure special advantages, privileges or exemptions for themselves or others.
(6) Engage in any conduct which may be directly prejudicial to the government of the city or which reflects discredit or dishonor on the government of the city, which conduct causes the city substantial monetary damage or the commission of a criminal act.
(7) Use city supplies, equipment, or facilities for any purpose other than the conduct of official city business, unless otherwise provided for by law, ordinance, or city policy.
(8) Knowingly perform or refuse to perform any act to deliberately prevent the execution of the city ordinances, rules or regulations, or the achievement of official city programs.
(Ord. No. 24-09, § 35, 3-16-09)
Past city officials shall not appear before the city council or any board, commission, or committee of the city and represent any interest on any matter which was pending on file and unresolved with the city during their service, for a period of one year after the date of termination of such relationship with the city.
(Ord. No. 24-09, § 36, 3-16-09)
City council members who have a financial interest in any matter pending before the city shall disclose such interest to other members of the city council, and shall refrain from further discussion of the matter; shall not be physically present when the subject is discussed in an executive session; and shall not vote on or participate further therein in any manner.
(Ord. No. 24-09, § 37, 3-16-09)
Advisory opinions may be requested by any city official who seeks the board of ethics opinion to guide that official’s own conduct. Only a city official may request an advisory opinion from the board of ethics about his or her conduct or activities, provided that such request is made prior to the filing of a complaint as outlined in section 12½-35. Declared candidates for a municipal election can seek advisory opinions from the board of ethics about his or her conduct or activities.
(Ord. No. 24-09, § 38, 3-16-09)
(a) An allegation or complaint that a city official has violated the conflicts of interest or standards of conduct outlined in this article shall be made in writing, sworn to before a notary public, and filed with the office of the city attorney. Such complaints shall describe in detail the act or acts complained of and the specific section(s) of this article alleged to have been violated. A general complaint or allegation lacking in detail will not be considered sufficient to invoke the investigation procedures set forth herein. Anonymous complaints shall not be considered. All allegations or complaints shall be referred to the board of ethics who shall review the complaint in the light of the conflicts of interest as set forth in this article. A copy of the complaint shall be sent to the city official against whom a complaint has been filed by certified mail within two business days of the filing of the complaint.
(b) The board of ethics shall have all the powers of investigation as are afforded the city council by the charter. The board of ethics performing the review shall report to the city council in writing not more than 30 days after the day of assignment unless an extension is granted by a majority of the eligible council members. If the board of ethics determines that the facts as alleged do not establish probable cause that there has been a violation of the conflicts of interest or standards of conduct, a report shall be given to the city council, and the matter shall be considered concluded. If, however, the board of ethics determines by a majority vote that the facts as alleged establish probable cause of a violation by a city council member, the report shall be given to the city council. In addition, if the board of ethics determines that an undisclosed criminal violation may exist, it shall promptly refer the matter to the appropriate law enforcement agency.
(c) All complaints shall remain confidential until the city council determines they shall be made public. The city council shall maintain confidence until the accused consents to release or requests a public hearing, whichever occurs first.
(d) Upon receiving a report from the board of ethics that there is probable cause to believe that a violation of the conflicts of interest or standards of conduct by a city council member may exist, the city council shall schedule a hearing to be held within 15 business days of receipt of that report. If the member charged with a violation demands a public hearing, notice shall be given as required by the city charter. All other hearings shall be held in executive session.
(e) All hearings of the city council under this article shall be conducted as follows:
(1) The city council shall have all the powers of investigation including subpoena power as are given to it by reason of the city charter.
(2) A city council member against whom a complaint has been filed may elect to be represented by outside legal counsel of his or her own choosing and at their own expense. Such city council member has the right to a full and complete hearing with the opportunity to call witnesses and present evidence.
(3) The board of ethics chairperson or his/her designee shall present the evidence and examine witnesses in support of the board's report with the board bearing the burden of proof on behalf of the city.
(4) The city attorney shall act as legal advisor to the city council members conducting the hearing.
(5) All proceedings shall be taken verbatim by a court reporter.
(6) The city council shall receive evidence from the city council member alleged to have committed wrongdoing, and from the person making a complaint against such official or employee of unethical conduct or behavior, or any other person as the city council deems necessary.
(7) The city council may request and, if necessary, subpoena witnesses, books, records, or any documents which relate to the allegations or complaint.
(8) The city council, upon completion of a hearing, shall render a decision in the form of a resolution and, in addition, the city council shall thereafter have prepared findings of fact, conclusions of law and a final order, to be filed within 20 days with both the city clerk and the city council member against whom a complaint has been filed either determining no violation occurred, or if supported by clear and convincing evidence the order shall set forth the remedy as provided by section 12½-36 to be complied with in order that voluntary compliance may be had and final determination obtained. In the event that voluntary compliance is not obtainable, action consistent with the city charter may be taken.
(9) All decisions and orders rendered by the city council shall be made public except decisions and orders of private reprimand.
(Ord. No. 24-09, § 39, 3-16-09)
(a) Violation of this article may be remedied by the city council by any one or any combination of the following punishments:
(1) Private reprimand.
(2) Public reprimand.
(3) Administrative fine not to exceed $500.00.
(4) Removal from office only for the causes set forth in section 2.06(c) and 7.02(a) of the city charter.
(b) In addition to the penalties listed above, the city council may refer the matter to the city attorney:
(1) To prosecute for violation of city ordinance.
(2) To seek civil remedies to enjoin any activity prohibited by this article.
(Ord. No. 24-09, § 40, 3-16-09)
Pursuant to Article IX of the South Dakota Constitution, any final order by the city council is subject to judicial review as provided by SDCL Ch. 21-31 within 20 days of the filing of the city council's final order.
(Ord. No. 24-09, § 41, 3-16-09)