HomeMy WebLinkAboutResolution 07-1997 .
RESOLUTION NO. 7-97
RESOLUTION SETTING DATE FOR A SPECIAL ELECTION ON HOME RULE,
I1vITIATED BY THE VOTERS OF BROOKINGS, SOUTH DAKOTA.
WHEREAS, the voters of the City of Brookings have submitted seven hundred twenty-four
(724) signatures initiating a Home Rule Charter and,
WHEREAS, ten percent (10%) of the voters cast at the last gubernatorial election are required
to bring this issue to a vote, this amount is six hundred nineteen(619) and
WHEREAS, it is required that the special election must be held on a Tuesday not less than thirty
(30) nor more than sixty(60) days from the date of the order of the governing body, and
WHEREAS, an election on Home Rule shall not be held on any general or annual election date.
NOW, THEREFORE, BE IT resolved that the special election on the initiated Home Rule
Char er be held March 18 1997.
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Passed and approved this 3rd day of February, 1997.
CITY OF BROOKINGS
Mayor
ATTEST:
ti�O�g'Q�•0�fp�tis
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2-13 Stipplement 1993
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� In addition this chapter establishes two requirements that a charter must meet. They are:
r-- 1) The charter must establish the form of governmental structure to be established. (SDCL 6-12-4)
! 2) Neither the charter nor ordinances adopted pursuant to the charter can set standards which are
lower or less stringent than those imposed by state law. However, the standards can be higher than
state law unless state law provides otherwise. (SDCL 6-12-5)
� The purpose of this is to insure that minimum state standards are met, and that in cases where maximum
standards are established, the local option of control will not go beyond those standards. Hypothetical examples
; � can be found in the areas of pollution control and court fines. .
I
The power of a home rule charter dces not include the power to:
;.�: 1) Enact private or civil law governing civil relationships except as incident to the exercise of an
independent county or municipality;
- 2) Define and provide for the punishment of a crime, but this limitation shall not abridge the power of a
home rule unit to provide punishment for the violation of ordinances or charter provisions by a fine not
exceeding five hundred dollars or by imprisonment not excceding six months or by both such fine and
imprisonment;
� 3) Abridge laws relating to elementary and secondary education;
' 4) Change assessment practices and procedures relating to ad valorem taxation of property;
5) Exempt itself from providing the necessary personnel and facilities to perform services required by
general law to be performed by a like unit or units of local govemment;
� 6) Deny referendum or ordinances or by laws provide�by Chapter 9-19 of the SDCL. (SDCL 6-12-6)
_, 7) Regulate rates, or conditions of service of any public utility regulated by the South Dakota Public
Utilities Commission.
Chapter 6-12 of the SDCL also contains some important election requirements which any governing body
; � considering the adoption of a home rule charter must meet. Statute requires that "(w)hen a commission has been
, . selected or appointed to draft a proposed charter or an amendment to a charter,an election on the question must
be held within one year after initiation of the proposed action." (SDCL 6-12-7)
Unless an ele�tion, other than the general and annual elections, is already schedule� to be held within one
hundrefl twenty days of the initiation of the action, a special election must be held. (SDCL 6-12-8; See Hdbk.,
sec. 7.700) The notice of the election and the ballots to be use�must conform to the geaeral election law. The
; election must be held within sixty days after the charter or an amendment to it has bcen drafted and approvefl
by its initiators. (SDCL 6-12-9)
2.700 CHANGE OF FORM OF GOVERNMENT
2.705 Change Due to Population Increase 2.720 Form of Ballot Used
2.710 Change Due to Population Decrease 2.725 Change of Form Denied/Approved
2.715 Change by Petition of Voters 2.730 Ordinances Still in Effect
2.705 ChanQe Due to Population Increase
There are three ways in which a municipality can change its form of government. The first is by a population
increase, whereupon at the first annual election after a 3rd class municipaliry passes to the classification of a
�_ 2nd class municipality and elects a mayor and common council. (SDCL 9-11-1; See Hdbk., sec. 2..375)
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INITIATIVE AND REFERENDUM 9-20-11 , ;
ita 9-20-9. Verification of referendum petition. Such referendum petition
ve shall be verified as a petition to initiate a law except that the person verifying �
�il the same shall state that he and each of the persons signing the same is a �
hy resident and qualified voter of the municipality, naming it.
�y
of Source: SL 1899,ch 94, § 4; RPo1C 1903, authority in referring measure;referendum pe-
te § 1217; SL 1913, ch 119, § 41; 1913, ch 202; tition must be substantially in form prescribed '
RC 1919, § 6256; SDC 1939, § 45.1013. by statute in order to invest city suditor with �
e jurisdiction. Sioux Falls Electric Light & � �
a Cross-References. Power Co. v. City of Sioux Falls(1906) 21 SD �
Verification of petition to initiate a law, 18, 108 NW 488. �
§ 2-1-10.
Absence of Verification Form. Party Primary Verification Forn►.
_ The requirement that a referendum petition Municipal liquor license election petition
. must be verified was not eliminated by the fact gupported by printed form verification in-
that at the time a referendum petition was �nded for use with party primary nominating ;
filed no particular verification form, neither Petitions did not meet requirements of verifica- `
statutory aor one adopted by the state board of tion statute and, since statutory requirements ' 'j
elections pursuant to § 2-1-10, was in exis- for sufficient petition are conditions precedent � �
tence.Corbly v. City of Colton(1979)278 NW t° nght to hold election, subsequent election
2d 459. was void.Klaudt v.City of Menno(1947)?2 SD
1, 28 NW 2d 876. ' i
Necesaity for Verifyiag Each Separate Pe- Verification Ite uirements.
tition. 9
Single verification by five voters appended Verification of a referendum petition means !
at end of three referendum petitions left first the swearing under oath by the circulator of '
two petitions unverified since attaching peti- the petition that he or she has personally circu- .�±�
tions together did not constitute them one peti- lated the petition and attests to the validity of
tion nor obviate necessity of verifying each the signatures.Corbly v.City of Colton(1979) ,;�:
with result that city auditor acted in excess of 2�8 NW 2d 459. ���
( :
9-20-10. Liberal construction of referendum petition. Such petition ��'
may be made up and signed and shall be liberall construed as rovided b �
Y P
Y
the statute governing an initiated law. i!� :
� : „
5ource: SDC 1939,§ 45.1012;SL 1957,ch Collateral References. "�
245, § 1. Time within which of�icer must perform duty �
to pass upon sufficiency of initiative, referen- °ji,
Cross-References. dum, or recall petition, 102 ALR 51. !;'
Initiated laws, Chapter 2-1. �
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9-20-11. Date of election on referendum petition—No action taken j ,
pending election. The governing body shall,upon the presentation of a peti- ` �
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tion pursuant to § 9-20-6, submit the question to the electors�11I,� ' �
�al municipal election or the negt general election, whichever is earlier. �
Pending the election, the governing body may take no action with respect to j; �
� the subject matter of the petition that would alter or preempt the effect of the i��
; proposed petition. However, the governing body may expedite the date of the ,
election by ordering, within ten days of receiving the petition, a special elec- �
tion to be held on a 1�esday not less than thirty days from the date of the
order of the goveming body. ,�
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153
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9-20-4
�TI2,TIVE AND REFERENDUM ,
9-20-3. Ordinance may not be initiated to nullify bond purposes.The ''
right to initiate an ordinance shall not be applicable to ordinances proposed to �
ose for which bonds have been sold by a municipality pursuant ;
nullify the purp ;
to statutory authority. �
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Source: SL 1961,ch 247;1980,ch 66, § 1• mertaction Custer C ty v�R.obinson (961) 79 �
S D 91, 108 NW 2d 211. �
Commisaion Note. ,
Section 1,ch 66,SL 1980 repealed the right j
to initiate an ordinance nullifying bond pur- —Where Subject Matter Ia Different.
posea.Section 2 of chapter 66 made the repeal Second of two bond issue ordinances could be
inapplicable to bond issues approved prior � where f st ordinant ce only suthorizeld gssuance
its enactment. of bonds but second ordinance dealt with pur-
Bond Iasue Rescisaion. chase and sale of bonds to federal government
Power to rescind vote suthorizing bond issue and acceptance of additional financing from
for construction of municipal hospital is not federal government with result that second or-
conferred upon either a municipality or ita dinance presented wholly different question
etectors and therefore cannot be made subject from first. State ex rel. Saylor v. Walt (1938)
of initiative measure; statutes provide no au- 66 SD 14, 27S NW 12.
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thority in electors of city to petition for another
DECISIONS UNDER FORMEft LAW
Bond Iesue Recission. exist prior to effective date of amendment and �
statute grantin to electors would not be applied retrospectively to election
Amendatory g
power at second election to rescind previous authorizing bonds held more than six months �
vote authorizih� da sce o�f m ale of bonds abf State ex eL Stre gesvatWesting(1964ff811SD
done wittun y Y ''
rogated previous rule forbidding initiative on 34, 130 NW 2d 109. `i
bond issues but was a new power that did not
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9-20-4. Presentation of initiative petition ttoion to ini ate sdfiled w th �
�
actment and submission to voters.When a pe bod at its first
the auditor or clerk, he shall present it to the governing Y
ensuing regular or special meeting.aTh s bmit it to a ote of the voters n the ',
posed ordinance or resolution and sh �
manner prescribed for a referendum. ��y
y
Source: SL 1899,ch 94,§ 12;RPo1C 1903, Duty to Enact Initiated Measure.
§ 1225; SL 1913, ch 119, § 49; 47Cch 999� of mutn cipal tY maY not PP ove of and enact
§ 6263;SDC 1939,§ 45.1020;SL 19 � ordinance which electors have initiated,but if
§ 3; 1980, ch 67, § 1• goveming body is opposed to initiated mea-
Cross-Refereacea. sure, reference procedure must then be fol-
Notice and form of ballots, §§ 9-20-12, lowed;8�in any e enteenact ini iated measui'e
9-20-13. ing body,
Submission of referendum to vote of voters, S��ex reL1Hooper v Hahna1943)69 SD 275,
§§ 9-20-11 to 9-20-14. g � 2d 502.
149
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7/26/96
HROORINGS CITY CHARTER
1996
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TABLE OF CONTENTS
Pacte
Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I - POWERS OF THE CITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1. 01 - Powers of the City. . . . . . . . . . . . . . . . . . . 2
Section 1.02 - Construction. . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1. 03 - Intergovernmental Relations. . . . . . . . . . 2
Section 1. 04 - Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1. 05 - New Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE II - CITY COMMISSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2 . 01 - General Powers and Duties. . . . . . . . . . . . 3
Section 2. 02 - Composition, Eligibility, Terms,
Designation of Areas of Responsibility, Powers
andDuties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section2 . 03 - Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.04 - Compensation; Expenses. . . . . . . . . . . . . . . 4
Section 2. 05 - Prohibitions. . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 2. 06 - Vacancies; Forfeiture of Office;
Filling of Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 2. 07 - Judge of Qualifications. . . . . . . . . . . . . . 5
Section 2 . 08 - Finance Officer. . . . . . . . . . . . . . . . . . . . . . 5
Section 2 . 09 - Investigations. . . . . . . . . . . . . . . . . . . . . . . 5
Section 2. 10 - Independent Audit. . . . . . . . . . . . . . . . . . . . 6
Section2. 11 - Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 2 . 12 - Action Requiring an Ordinance. . . . . . . . 7
Section 2 . 13 - Ordinances and Resolutions in
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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Section 2 . 14 - Emergency Ordinances. . . . . . . . . . . . . . . . . 7
Section 2 . 15 - Codes of Technical Regulations. . . . . . . 8
Section 2 . 16 - Authentication and Recording;
Codification; Printing. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE III - DEPARTMENTS, OFFICES AND AGENCIES. . . . . . . . . . 10
Section 3 . 01 - General Provisions. . . . . . . . . . . . . . . . . . . 10
Section 3 .02 - Legal Officer. . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE IV - FINANCIAL PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4 . 01 - Fiscal Year. . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4 . 02 - Submission of Budget and Budget
Message. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4 . 03 - Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4. 04 - City Commission Action on Budget. . . . . 11
Section 4 . 05 - Appropriation and Revenue
Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 4.06 - Amendments After Adoption. . . . . . . . . . . . 12
Section 4.07 - Lapse of Appropriations. . . . . . . . . . . . . . 13
Section 4 . 08 - Administration of Budget. . . . . . . . . . . . . 13
Section 4.9 - Overspending of Appropriations
Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 4 . 10 - Public Records. . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE V - ELECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 5. 01 - City Elections. . . . . . . . . . . . . . . . . . . . . . . 15
Section 5. 02 - Initiative and Referendum. . . . . . . . . . . . 15
ARTICLE VI - BROOKINGS MUNICIPAL UTILITIES AND
BROOKINGS MUNICIPAL HOSPITAL. . . . . . . . . . . . . . . . . . . . . . . . 16
Section 6.01 - Management and Control of
Brookings Municipal Utilities and Brookings
Municipal Hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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ARTICLE VII - GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 7.01 - Conflicts of Interest. . . . . . . . . . . . . . . . 17
Section 7.02 - Prohibitions. . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE VIII - CHARTER AMENDMENT. . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 8.01 - Proposal of Amendment. . . . . . . . . . . . . . . . 19
Section 8. 02 - Election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 8.03 - Adoption of Amendment. . . . . . . . . . . . . . . . 20
ARTICLE IX - TRANSITION/SEPARABILITY PROVISION. . . . . . . . . . . 21
Section 9. 01 - Officers and Employees. . . . . . . . . . . . . . . 21
Section 9.02 - Departments, Offices and Agencies. . . . 21
Section 9.03 - Pending Matters. . . . . . . . . . . . . . . . . . . . . . 22
Section 9. 04 - State and Municipal Laws. . . . . . . . . . . . . 22
Section 9. 05 - Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 9.06 - Separability. . . . . . . . . . . . . . . . . . . . . . . . . 22
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PREAMBLE
We the people of the City of Brookings, 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, § 2 of the South Dakota Constitution and the procedural
requirements of SDCL 6-12 .
1
ARTICLE I
POWERS OF THE CITY
Section i. 01. Powers of the City. The City shall have all
powers it may now or hereafter be possible for a municipal
corporation in this State to exercise in harmony with the
Constitutions of this State and of the United States. It is the
intention of this charter to confer upon the City every power which
it would have if it were specifically mentioned.
Section 1.02. Construction. This Charter shall be construed
liberally in favor of the City and the specific mention of
particular municipal powers in other Sections of this Charter does
not limit the powers of the City to those so mentioned.
Section 1.03. Interqovernmental 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
division or agency, or the United States or any of its agencies or
any township, county or municipality.
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.
Section 1. 04. Limitations. 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.
3ection 1. 05. New Taxes. Any new form or type of taxation
which is approved by the City Commission 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.
2
ARTICLE II
CITY COMMISSION
Section 2. oi. General Powers and Duties. All powers of the
City shall be vested in the City Commission, except as otherwise
provided by law or this charter, and the Commission shall provide
for the exercise thereof and for the performance of all duties and
obligations imposed on the City by law.
' section 2. 02 . Composition, Eliqibility, Terms, Bond Required,
Desiqnation of Areas of Responsibility, Powers and Duties.
a. Com�osition. There shall be a City Commission composed
of the Mayor and four (4) Commissioners to be elected by
the voters of the city at large.
b. Eliqibilitv. Only the registered voters of the city who
have resided in the city for at least six months
immediately prior to the date of election shall be
eligible to hold the office of commission member or
mayor.
c. Terms. The terms of commission members and the Mayor
shall be for five (5) years beginning the first regular
city commission meeting in May following the election.
d. Continuation of Terms of Present Elected Citv
Commissioners. The present City Commissioners and Mayor
upon the successful adoption of this charter by the
voters of the City of Brookings shall continue in office
for the remainder of their respective terms and may seek
re-election if not prohibited by the terms of this
charter.
e. The Commission shall designate by a majority vote one
member who shall be known as the "public safety
commissioner"; one who shall be known as the
"commissioner of public works" ; one who shall be known as
the "public utilities commissioner"; and one who shall be
known as the "commissioner of finance and revenue".
f. The Commission by resolution shall establish the powers
and duties of the commissioners and the mayor.
Section 2. 03. Mayor. The Mayor shall serve as a member of
the City Commission. In the absence of the Mayor the City
Commission shall designate one of its members as president with the
duties to be the same as the Mayor's.
3
Sectio 2. 04. Compen ation; Expenses. The Cit�` Commission
may determin the annual sal ry of the may and commi,�sion members
by ordinance, but no ordinan e increasi such sala shall become
effective unt' 1 the date o commen ment of t term of the
commission mem er elected at he next regular ele ion. The mayor
and commission embers shall ecei e their act 1 and necessary
expenses incurr in the perfo man e of their d�ties of off ice.
Section 2.05 Prohibition
a. Holdin O her Office xcept where utho ized by law, no
commission member al hold any other lected public
office duri g the erm r which e memb was elected
to the comm sio No c mmissio member s all hold any
other city o ic or city mploym nt during he te for
hich the me b r was ele ted o the comm' ss ' . � No
rmer commis ion member shal hold any mpensated
a ointive i e or emplo en with the C' until one
ye a r he xpiration of the term for which the
mem was elect to the co ission. Nothi g in this
se i n shall be onstrued proh' it the mmission
om s lecting any urrent or forme commission ember to
represe t the city o the gov rn' g board of any egional
or inter overnmental agency
Section 2. 06. Vacancies; o iture of Office; Fillinq of
vacancies.
a. Vacancies. ,he office a commissio member or mayor
shall becom vacant upon e person's deat resignation,
removal fro office or f leiture of office 'n any manner
authorized y law. � ',
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b. Recall. T power of r call'. of the mayor and commission
members sh 11 be allow d as set forth in SDC Title 9.
�_. Forfeiture of Of f ice. The mayor��a a commiss on member
hall for eit that o fice if the or or c mmission
me r:
1. La at any t'me during the term of o ce for
whic elected ny qualifi tion for the ffice
pres�ribed by is charter o�by law.
2 . Violates any pressed prohibitiion in Section 7.02
of this chart r.
3 . Fails to mai�tain residency within city limits.
4
s�oti�n 2 . 04 . Compensatian; Expen�es. The City Cornmission
may dat�rmine �h� annual salary of th� mayor and commission members
by resolution, but na resolution increasing su�h salary shall
becom� eff�ctive until the date of commencement of the term of the
commission member �lected at th� next regular electivn. The mayar
and commission members sha1� reCeive their actual and necessary
expenses incurred in the performance of their duties �f office.
8iotion Z. OS. prohibitions.
a. Hold�,.ncyother Office. Except where authoriz�d by law, no
commission member shall hold any other elected public
office during the term for which th� member was elected
to the commission. No commission memb�r shall hold any
c�th�r city office or city employment during the terms for
which the memb�r was elected to the commission. No
former commission member shall hald any ccmpensated
appaint�ve office or employment with the City until one
year after the expiration of the term for which the
m�mber was elected to the cdmmission. Nothing in tha�s
section shall be con�trued to prohibit the oammission
from selscting �ny current or former ��mmission member to
represent the city on the gaverning board vf any regional
or intergovernmental agency.
8�ctio� 2.06. Vacancies; Forfoi�ure o! O!liee; Fi111nQ o!
Vacanaies.
a. Vaoancies. The office Qf a commission m�mber or mayor
shall become vaoant upon the persan�s death, resiqnation;
removal from of f ice ar forfeiture of of f ice in any manner
authorized by law.
b. Re��l . The power af' recall of the mayor and commi�sion
members shal.l be allowed as set forth in SDCL Title 9.
c. Forfeiture of OffiG _. The mayar or a commission member
shall forfeit that office if the mayor or �ommiasian
member:
1. Lacks �t any time during the term of office for
which elected any qualificata.vn for the office
prescribed by this chartar ox by law.
2 . Violates any expressed prohibition in Section 7 .02
af this chaxter.
3 . Fails to maintain residency within city limit�.
4
4 . Is convicted of a felony.
5. Fails to attend 50% of the regular meetings of the
commission during a fiscal year, or three
consecutive regular meetings of the commission,
without being excused by the commission.
d. Filling of Vacancies. A vacancy in the office of City
Commission 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 commission 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. Not with-
standing the requirement in §2 . 11, if at any time the
membership of the commission is reduced to less than 3,
the remaining members may by majority action appoint
additional members to raise the membership to 3 .
Section 2.07. Judqe of Qualifications. The City Commission
shall be the judge of the election and qualifications of its
members and of the grounds for forfeiture of their office. The
commission 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
commission 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 or more newspapers of general circulation
in the City at least 7 days in advance of the hearing. Decisions
made by the commission under this section shall be subject to
judicial review.
Section 2. 08. Finance Officer. The City Commission shall
appoint an officer of the City who shall have the title of Finance
Officer. The Finance Officer shall give notice of commission
meetings to its members and the public, keep the journal of its
proceedings and perform such other duties as are assigned by this
charter or by the commission or by state law.
Section 2.09. Investiqations. The City Commission 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
prodution of evidence. Failure or refusal to obey a lawful order
issued in the exercise of these powers by the commission shall be
5
a misdemeanor punishable by a fine and/or jail sentence to be
established by resolution of the commission.
Section 2.10. Independent Audit. The City Commission 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 commission 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 30 days after the beginning
of such fiscal year. If the state makes such an audit, the
commission may accept it as satisfying the requirements of this
section.
Section 2. 11. Procedure.
a. Meetincrs. The commission shall meet regularly at such
times and places as the commission may prescribe by rule.
Special meetings may be held on the call of the mayor or
of 3 or more members and, whenever practicable, upon no
less than twenty-four (24) hours notice to each member.
Except as allowed by state law, all meetings shall be
public; however, the commission may recess for the
purpose of discussing in a closed or executive session
limited to its own membership any matter which would tend
to defame or prejudice the character or reputation of any
person, if the general subject matter for consideration
is expressed in the motion calling for such session and
final action on such motion is not taken by the
commission until the matter is placed on the agenda.
b. Rules and Journal. The City Commission shall determine
its own rules and order of business and shall provide for
keeping a j ournal of its proceedings. This j ournal shall
be a public record.
c. Votina. Voting, except on procedural motions, shall be
by roll call and the ayes and nays shall be recorded in
the journal. Three members of the commission 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 commission. No action of
the commission, except as otherwise provided in the
preceding sentence and in §2. 06, shall be valid or
6
binding unless adopted by the affirmative vote of 3 or
more members of the commission.
Section 2. 12. Action Requirinq an Ordinance. 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 Commission shall be
by ordinance which:
1. Adopt or amend an administrative code or establish,
alter, or abolish any city department, office or agency.
2 . Levy taxes.
3 . Grant, renew or extend a franchise.
4. Regulate land use and development.
5. Amend or repeal any ordinance previously adopted.
6. Establish and regulate the conduct of elections.
Acts other than those referred to in the preceding sentence
may be done either by ordinance or by resolution.
3ection 2 . 13. Ordinances and Resolutions in General. City
ordinances and resolutions shall be introduced, published, enacted,
recorded, and codified as provided in state law; however, the City
Commission may by ordinance amend such requirements.
Section 2. 14. Emerqency Ordinances. To meet a public
emergency affecting life, health, property or the public peace, the
City Commission may adopt one or more emergency ordinances, but
such ordinances may not levy taxes, grant, renew or extend a
franchise, or authorize the borrowing of money except as provided
in §5. 07 (b) . An emergency ordinance shall be introduced in the
form and manner prescribed for ordinances generally, except that it
shall be plainly designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that an
emergency exists and describing it in clear and specific terms. An
emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the
affirmative vote of at least 4 members shall be required for
adoption. After its adoption the ordinance shall be published and
printed as prescribed for other adopted ordinances. It shall
become effective upon adoption or at such later time as it may
specify. Every emergency ordinance except one made pursuant to
§4 . 07 (b) shall automatically stand repealed as of the 61st day
following the date on which it was adopted, but this shall not
prevent re-enactment of the ordinance in the manner specified in
7
this section if the emergency still exists. An emergency ordinance
may also be repealed by adoption of a repealing ordinance in the
same manner specified in this section for adoption of emergency
ordinances.
Section 2. 15. Codes of Technical Requlations. The City
Commission may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and
requirements governing such an adopting ordinance shall be as
prescribed for ordinances generally except that:
l. The requirements of §2. 13 for distribution and filing of
copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of
the adopting ordinance.
2. A copy of each adopted code of technical regulations as
well as of the adopting ortlinance shall be authenticated
and recorded by the Finance Officer pursuant to §2 . 16 (a) .
Copies of any adopted code of technical regulations shall be made
available by the Finance Officer for distribution or for purchase
at a reasonable price.
Section 2.16. Authentication and Recordinq; Codification;
Printinq.
a. Authentication and Recordinct. The Finance Officer shall
authenticate by signing and shall record in full in a
properly indexed book kept for the purpose all ordinances
and resolutions adopted by the City Commission.
b. Codification. Within three years after adoption of this
charter and at least every ten years thereafter, the City
Commission shall provide for the preparation of a general
codification of all city ordinances and resolutions
having the force and effect of law. The general
codification shall be adopted by the commission by
ordinance and shall be published promptly in bound or
loose-leaf form, together with this charter and any
amendments thereto, pertinent provisions of the
Constitution and other laws of the State of South Dakota,
and such codes of technical regulations and other rules
and regulations as the commission may specify. This
compilation shall be known and cited officially as the
Brookings City Code of Ordinances. Copies of the Code
shall be furnished to city officers, placed in libraries
and public offices for free public reference and made
8
f
available for purchase by the public at a reasonable
price fixed by the commission.
c. Printing of Ordinances and Resolutions. The City
Commission shall cause each ordinance and resolution
having the force and effect of law and each amendment to
this charter to be printed promptly following its
adoption, and the printed ordinances, resolutions and
charter amendments shall be distributed or sold to the
public at reasonable prices as fixed by the commission.
Following publication of the first Brookings City Code of
Ordinances and at all times thereafter, the ordinances,
resolutions and charter amendments shall be printed in
substantially the same style as the code currently in
effect and shall be suitable in form for integration
therein. The commission shall make such further
arrangements as it deems desirable with respect to
reproduction and distribution of any current changes in
or addition to the provisions of the Constitution and
other laws of the State of South Dakota, or the codes of
technical regulations and other rules and regulations
included in the code.
9
ARTICLE III
DEPARTMENTB, OFFICES AND AGENCIES
Section 3.01. General Provisions.
a. Creation of Departments. The City Commission may
establish city departments, offices or agencies in
addition to those created by this charter and may
prescribe the function 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.
8ection 3.02. Leqal Officer. There shall be a legal officer
of the City appointed by the City Commission. The legal officer
shall serve as chief legal advisor to the commission, and all city
departments, offices and agencies; shall represent the City in all
legal proceedings and shall perform any other duties prescribed by
state law, by this charter or by ordinance.
10
ARTICLE IV
FINANCIAL PROCEDIIRES
Section 4.01. Fiscal Year. The fiscal year of the City
shall begin on the first day of January and end on the last day of
December.
Section 4.02 . submission of Budqet and Budqet Message. On or
before the lst day of August of each year, the finance officer
shall submit to the City Commission a budget for the ensuing fiscal
year and an accompanying message.
Section 4. 03. Budqet. 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 City Commission may reguire. 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 current fiscal year. 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 fiscal
year; detailed for each fund by organization unit when
practicable, and the proposed method of financing each
such capital expenditure.
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.
Section 4. 04. City Commission Action on Hudqet.
a. Adontion. The City Commission shall adopt the budget on
or before the 30th day of September of the fiscal year
currently ending. If it fails to adopt the budget by
this date, the budget proposed by the finance officer
shall go into effect.
11
Section 4. 05. Appropriation and Revenue Ordinances. To
implement the adopted budget, of the ensuing fiscal year, the City
Commission:
a. Shall, no later than its first regular meeting in
September of each year or within 10 days thereafter,
introduce the annual appropriation ordinance for the
ensuing fiscal year, in which it shall appropriate the
sums of money necessary to meet all lawful expenses and
liabilities of the municipality. The ordinance shall
specify the function and subfunction as prescribed by the
department of legislative audit for which the
appropriations are made and the amount appropriated for
each function and subfunction, which amount shall be
appropriated from the proper fund. It is not necessary
to appropriate revenue to be expended from an enterprise
or trust and agency 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 developed and published no later
than the last day of December of each year.
b. 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.
Section 9. 06. Amendments After Adoption.
a. Supplemental Appropriations. If during the fiscal year
the finance officer certifies that there are available
for appropriation revenues in excess of those estimated
in the budget, the City Commission by ordinance may make
supplemental appropriations for the year up to the amount
of such excess.
b. Emerctencv Appropriations. To meet a public emergency
affecting life, health, property, or the public peace,
the City Commission may make emergency appropriations.
Such appropriations may be made by emergency ordinance in
accordance with the provision of §2 . 14 . To the extent
that there are no available unappropriated revenues or a
sufficient fund balance to meet such appropriations, the
commission may by such emergency ordinance 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 appropriation was made.
12
c. Reduction of Appropriations. If at any time during the
fiscal year it appears probable to the finance officer
that the revenues or fund balances available will be
insufficient to finance the expenditures for which
appropriations have been authorized, the finance officer
shall report to the City Commission 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 commission 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 or more appropriations.
d. Transfer of Appropriations. At any time during the
fiscal year the City Commission may by resolution
transfer part or all of the unencumbered appropriation
balance from one deparmtent or major organizational unit
to the appropriation for other departments or major
organizational units. The finance officer 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 commission in
writing prior to the next commission 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.
section 4. 07. Lapse of Appropriations. Every appropriation,
shall lapse at the close of the fiscal year to the extent that it
has not been expended or encumbered.
3ection 4. 08. Administration of Budqet. The City Commission
shall provide by ordinance the procedures for administering the
budget.
Section 4. 09 Overspendinq of Appropriations Prohibited. No
payment shall be made or obligation incurred against any allotment
or appropriation except in accordance with appropriations duly made
and unless the finance officer or the finance officer'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
13
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.
Section 4.10. Public Records. Copies of the budget, and
appropriation and revenue ordinances shall be public records and
shall be made available to the public at suitable places in the
City.
14
ARTICLE V
ELECTIONS
8ection 5.01. City Elections.
a. Regular Elections. The regular city election shall be
held at the time established by state law or as
established by ordinance of the City Commission.
b. Recristered 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. The provisions of the general
election laws of the State of South Dakota shall apply to
elections held under this charter or as set forth in any
ordinance adopted by the City Commission. 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. 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 Commission 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 commission. Such ordinances and regulations
pertaining to elections shall be publicized in the manner
of city ordinances generally.
Section 5.02 . Initiative and Referendum. 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.
15
ARTICLE VI
BROORINGS MONICIPAL IITILITIES AND
' BROORINGS MIINICIPAL HOSPITAL
Section 6.01.
a. Management and Control of Brookinqs Municipal Utilities.
The management and control of the Brookings Municipal
Utilities is vested in the Utility Board as established
by a vote of the Brookings city voters on April 14, 1970.
The Utility Board may take any and all action it deems
advisable in the furtherance of any utilities or
enterprises now existing or hereafter acquired under its
control including the borrowing of money, issuance of
bonds and other forms of indebtedness.
b. Management and Control of Brookings Municipal Hospital.
The management and control of the Brookings Municipal
Hospital is vested in a Hospital Board as established by
Chapter 18 of the Code of Ordinances of the City of
Brookings. The Hospital Board may take any and all
action it deems advisable in the furtherance of the
hospital or its related facilities under its control
including the borrowing of money, issuance of bonds and
other forms of indebtedness.
16
ARTICLE VII
GENERAL PROVISIONS
Section 7. 01. Conflicts of Interest; Board of Ethics.
a. Conflicts of Interest. The use of public office for
private gain is prohibited. The City Commission 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 Commission may adopt an ordinance setting a
stricter standard.
Section 7. 02. Prohibitions.
a. Activities Prohibited.
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 or 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
17
with any test, appointment, proposed appointment 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. The
expression of private or personal views concerning
candidates for political office is not prohibited
hereby. Violation of this section shall be grounds
for discharge or other disciplinary action.
b. Penalties. Any violation of this section shall be
sufficient cause for the suspension, demotion, or
termination of the employment of any city employee found
to be in violation of this section. The City Commission
shall establish by ordinance such further penalties as it
may deem appropriate.
18
ARTICLE VIII
CHARTER AMENDMENT
Section 8. 01. Proposal of Amendment. Amendments to this
charter may be framed and proposed:
a. In the manner provided by law, or
b. By ordinance of the City Commission containing the full
text of the proposed amendment (except Sections 1. 04,
1. 05, 2 . 01, 2 . 02 , 2 . 03 and 2 . 04 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 financial officer 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 affidvit 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
10% of those individuals actually voting in the city in
the preceding gubernatorial election.
Section 8. 02. Election. Upon delivery to the city election
authorities of the report of a charter commission pursuant to
§8. 01 (c) or delivery by the finance officer of an adopted ordinance
proposing an amendment pursuant to §8 . 01(b) or a petition finally
determined sufficient to propose an amendment pursuant to §8 .01(d) ,
the election authorities shall submit the proposed amendment to the
voters of the City in an election. Such election shall be
announced by a notice containing the complete text of the proposed
amendment and published in one 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 13th day preceding the
day scheduled for the election by filing with the finance officer
a request for withdrawal signed by at least a two-thirds of the
19
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 Commission shall provide
for a special election the proposed amendment; otherwise, the
holding of a special election shall be as specified in the state
election law.
Section 8.03. Adoption of Amendment. 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.
20
t
, .
ARTICLE IX
TRANSITION/SEPARABILITY PROVISION
Section 9.01. Officers and Employees.
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 or employees at the time of its adoption.
b. Continuance of Office or Employment. Except as
specifically provided by this charter, if at the time
this charter takes full effect a city administrative
officer or employee holds any office or position which is
or can be abolished by or under this charter, he or she
shall continue in such office or position until the
taking effect of some specific provision under this
charter directing that he or she vacate the office or
position.
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 §3 . 02 .
Section 9.02. Departments, Offices and Aqencies.
a. Transfer of Powers. If a city department, office or
agency is abolished by this charter, the powers and
duties given it by law shall be transferred to the city
department, office or agency designated in this charter
or, if the charter makes no provision, designated by the
City Commission.
b. Property and Records. All property, records and
equipment of any department, office or agency existing
when this charter is adopted shall be transferred to the
department, office 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 or more departments, offices or agencies designated
by the City Commission in accordance with this charter.
21
1
. _ •,
Section 9.03. Pending Matters. 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 or agency appropriate under
this charter.
Section 9. 04. State and Municipal Laws.
a. In General. Al1 city ordinances, resolutions, orders and
regulations which are in force when this charter becomes
effective shall continue except any ordinance is repealed
to the extent it is inconsistent with this charter or of
ordinances or resolutions adopted pursuant thereto. To
the extent that the Constitution and laws 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.
Section 9. 05. Schedule.
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 inembers of the City
Commission may be conducted in accordance with the
provisions of this charter. The first election shall be
held on the 8th of April, 1997. The present city
commission 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.
b. Time of Taking Full Effect. The charter shali be in full
effect for all purposes on and after the date and time of
its adoption.
Section 9.06. Separability. If any provision of this charter
is held invalid, the other provisions of the charter shall not be
affected thereby. If the application of the charter or any of its
provisions to any person or circumstance is held invalid, the
application of the charter and its provisions to other persons or
circumstances shall not be affected thereby.
22
'.
` " '. �' � � PETITION '1'O [NIT[ATF A HOME RULE CHARTER
FUR 'I'liE CI7'Y OF BROUKINGS AND TO
CONI)UC`i' AN ELECTION THEREON �
WE, the Undersigned qualified voters of the municipality of Brookings, petition that the City
of Brookings be govemed by a l�ome Rule Charter as allowed by South Dakota Codif ed Laws 6-
12 and Article IX, Section 2 of the Constitution of the Statc of South Dakota.
Attached to this petition is lirookings City Cl�arter - 1996, which is incorporated by lhis
reference, that we wish to have presented to the voters of the City of Brookings at a special election
as provided in SDCL 6-12-8 and b-12-9 for the voters' approval or rejection pursuant to law. . .�
lNS'I'RUCTIONS TO SIGNERS:
1. Siguers of thi� peddon must individually sign t4eir names in the form in which they are re�istered to vote or as
Wey usually sigu Weir name9.
2. Before tLe petition is 61ed, each sigaer or the circulator must add t6e resideace nddres� of tLe sigaer and the
dAte of sigain�.
3. Before tl�e pedtion is filed,eacb si�ner or the circulator must print the anwe of tLe si�ner in tLe�pace provided
and add the county uf vuter registration.
4. Abbrevi�duav of common usa�e may be used. Ditto �uarks may nut be used.
5. Failure to provide ull i4toru�atian requested �nay invalidute the sigaature. �
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