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Title 1: Administrative Code

Chapter 1-1  Appointive Officers
Chapter 1-2  Mayor & City Council
Chapter 1-3  Financial Regulations
Chapter 1-4  Police Department
Chapter 1-5  Municipal Sales Tax

Chapter 1-1  Appointive Officers

1-1-1     Appointive Officers, Method of Appointment.  All appointive officers shall be appointed by the mayor with the majority vote of the city council at the first regular meeting in May, and shall hold office until their successor shall be appointed and qualified.

1-1-2     Appointive Officers, Salaries, Bonds.  The following offices or positions of the city, as hereinafter created, are continued, and the amounts of salaries to and bonds to be furnished by them shall be fixed by resolution of the city council and shall be adjusted as deemed necessary by resolution of the city council of the City of Groton and said amounts shall be on file at the office of the finance officer:  attorney, finance officer, and such other officers as may be prescribed by ordinance or state statute.   

The salaries of such designated officers shall be paid semi-monthly and that of the city attorney shall be paid an hourly rate on a monthly basis.

1-1-3     Employees Other Than Appointive. In addition to appointive officers, the mayor with the majority vote of the city council shall hire such other personnel, professional and otherwise, required and necessary for municipal purposes.  The compensation of such employees shall be fixed by resolution at anytime regardless of the time when any city employee may have been hired. 

The salaries of such employees shall be paid an hourly rate on a biweekly basis except that of the police department who shall be paid semi-monthly.

1-1-4     Personnel Policies.  Vacation, sick leave, and other employment policies in effect are on file in the office of the city finance officer.

Chapter 1-2   Mayor and City Council

1-2-1     Regular Meetings.  The regular monthly meetings of the city council shall be held at City Hall on the first Monday of each month at 7:00 p.m. and on the third Monday of each month at 7:00 p.m. except when Monday is a legal holiday, and in that case the meeting shall be held on another specified date.  Meetings may be held on other specific dates as set by the mayor with the majority vote of the city council.

1-2-2     Special Meetings.  Special meetings of the city council may be held at any time on call of the mayor, or in case of absence or inability to act, then by the president of the council; or if the mayor and president of the council refuse to act, then by four (4) of the aldermen.
It shall be the duty of the finance officer to contact the aldermen before the time specified for such meetings, and this may be done by telephone.

1-2-3     Adjournment of Meetings.  Any regular or special meeting may be adjourned to meet at a later date to be fixed at the time of adjournment.

1-2-4     City Council.  The city council of the City of Groton shall consist of a mayor and two (2) aldermen elected from and by electors of each ward of the city.  The mayor and city council shall have such authority and perform such duties as are prescribed by the statutes of the State of South Dakota and city ordinances of the City of Groton.

1-2-5     City Attorney.  The city attorney shall attend council meetings and such other meetings as requested by the mayor, draw ordinances and other documents which the mayor or the city council shall direct.  The city attorney shall offer professional legal advice on matters brought before the city council.
From time to time, the city attorney may be called upon to render extraordinary services to the City of Groton.  This shall include but not be limited to representation of the City of Groton in courts or administrative hearings, providing legal services concerning major improvements or construction being done by the City of Groton, and any other task which takes an amount of time beyond the scope of his normal duties.

1-2-6     Committees.  The mayor may appoint such committees of the members of the city council as he deems desirable to accomplish an efficient division of the work and duties to be performed by the council.

1-2-7     Boards and Commissions.  The city council shall have the authority to create such boards and commissions as are allowed under the statutes of the State of South Dakota as it may consider necessary and desirable and shall make such bylaws, rules, and regulations as are necessary for the orderly transaction and conduct of its business of which a record shall be placed on file in the office of the city finance officer.

1-2-8     Salaries of Mayor, Council and Board or Commission Members.  The salaries of the mayor and city council members shall be fixed by resolution and said amounts shall be placed on file in the office of the city finance officer. Compensation for board or commission members shall be fixed by resolution which shall be placed on file in the office of the city finance officer.

1-2-9   Restrictions on Lobbying.  No Federal appropriated funds will be paid by, or on behalf of the City of Groton, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, grant, loan, or cooperative agreement, the City shall complete and submit Standard Form-LLL, “Disclosure Form To Report Lobbying”, in accordance with its instructions.

Chapter 1-3 Financial Regulations

1-3-1     Salaries.  The salaries of the various officers shall be paid from such funds as may be from time to time designated by resolution of the city council.

1-3-2     Waterworks Revenues.  All revenues of the City of Groton received from the operation of the city waterworks shall be paid into the city treasury and shall be credited to the water fund.

1-3-3     Liquor Revenues.  All revenues and lease fees of the City of Groton received from the operation of the city liquor licenses shall be paid into the city treasury and shall be credited to the liquor department of the general fund.  Revenues from approved licenses for the sale of alcoholic beverages shall be credited to the general fund.

1-3-4     Mark Up Fees.  All lessees under operation/lease agreement with the city for the sale of liquor and all licensees licensed under subdivisions (17) or (18) of SDCL 35‑4‑2 shall purchase all alcoholic beverages, including malt beverages, from the city.  The city may charge such lessee or licensee a mark up fee up to ten percent (10%) above the city's cost for the liquor or malt beverage plus freight.  The city may establish the mark up fee by resolution.  All mark up fees established by the city shall be charged uniformly to all lessees and licensees except for liquor versus malt beverage.

1-3-5     Service Revenues.  All revenues of the City of Groton received from the operation of municipal services including the airport, sewers, garbage collection, and electrical service shall be paid into the city treasury and shall be credited to such special funds as may be designated by resolution of the city council.

1-3-6     Miscellaneous Revenue.  All revenues of the City of Groton received from licenses, fines, and other fees shall be paid into the city treasury and credited to the general fund unless otherwise specifically provided by ordinance.

1-3-7     Purchasing Procedures.

A. Whenever any city department head or officer or other person desires to make any purchase of materials, supplies, equipment, printing or services on behalf of the city, he or she shall issue a purchase order therefore.  It shall be the duty of the department head to pre-audit the purchase order prior to incurring the obligation and the pre-audit shall be directed toward the determination of funds available and appropriations unexpected or uncommitted in the fund or funds involved and toward the necessity for the purchase.

B. Any department head designated by the mayor may approve and sign a purchase order if the amount shall be $2,500 or less, whereupon the purchase shall be fully authorized.  In the event the amount involved shall be more than $2,500 and not exceeding the bid limit established by SDCL Chapter 5-18, the mayor and department head must approve and sign the purchase order.  Reasonable attempts shall be made by all department heads to obtain information quotations from all local suppliers for any item in excess of $2,500 but less than the bid limit established by SDCL Chapter 5-18, and for all repairs over $2,500.

C. In all respects, city purchasing procedures must comply with SDCL Chapter 5-18.

D. Departments heads authorized by the mayor to approve and sign purchase orders shall also have authority to enter into contracts on behalf of the city within the limits established in subsection B above provided that any necessary funding is available within the department’s budget and the contract is first reviewed and approved by the city attorney.

E. If an individual department head enters into a contract or multiple contracts with a single vendor with an aggregate cost of more than $15,000.00 in a year, approval by the council will first be required for all contracts in excess of the $15,000.00 aggregate.  Notwithstanding this sub-section, in the event of extenuating circumstances, a department head may enter in to contracts with a single vendor that exceeds $15,000.00 limit, provided that the requirement of the law on competitive bidding is satisfied.  The extenuating circumstances shall be reported to the council at its next regular meeting.

Chapter 1-4  Police Department

1-4-1     Chief of Police.  Under the direction of the mayor and city council, the chief of police is responsible for planning, organizing, and directing the functions of the police department. The chief of police determines policies to be followed by personnel in the department with respect to public relations, and enforcement of law and ordinances. The chief of police coordinates municipal law enforcement activities with those of other agencies, analyzes budgetary problems and submits an annual budget, administers personnel policies and training requirements, and makes recommendations on all appointments, promotions, discipline, and dismissals made in the department.  The chief of police maintains a liaison with municipal officials, civic groups, and citizens on law enforcement concerns.

1-4-2     Code of Conduct.  Each policeman, when on duty, shall follow the guidelines and regulations concerning law enforcement employees; wear the insignia of his office on his outer garments in a conspicuous place, except when occasion may require that it not be exposed; and must be quiet, civil, and orderly in his on and off duty conduct and refrain from violent, profane, obscene and insolent language, and abstain from intoxicating liquor, insubordination and dereliction of duty; and it shall be the duty of the chief of police to make complaint to the mayor or the city council of any violation of this section immediately upon obtaining knowledge thereof. All law enforcement officers in the employ of the city shall be fully certified by the State of South Dakota.

1-4-3     Contract With Brown County.  The city council is authorized to contract with Brown County to care for either county or city prisoners, and such other terms as may be agreed upon between the city council and the county commissioners of Brown County.

Chapter 1-5  Municipal Sales Tax

1-5-1     Purpose.  The purpose of this ordinance is to provide additional needed revenue for the Municipality of Groton, Brown County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valoren Tax Law, and acts amendatory thereto; and by imposing a municipal gross receipts tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52A and acts amendatory thereto. 

1-5-2     Effective Date and Enactment of Tax.  From and after the first day of January, 2006, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by two percent (2%) on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Groton, Brown County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-15 and acts amendatory thereto.

1-5-3     Use Tax.  In addition there is hereby imposed an excise tax on the privilege of use, storage, and consumption within the jurisdiction of the municipality of tangible personal property or services purchased from and after the first of January, 2006, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.

1-5-4    Gross Receipts Tax.  In addition there is hereby imposed a municipal gross receipts tax of One Percent (1%) upon the gross receipts from the sale of leases or rentals or hotel, motel, campsites or other lodging accommodating within the municipality for periods of less than twenty-eight (28) consecutive days, the sale of alcoholic beverages as defined in SDCL 35-1-1, or establishments where the public is invited to eat, dine or purchase and carry out prepared food for immediate consumption.  The tax applies to the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Groton, Brown County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.

1-5-5    Use of Gross Receipts Tax Revenue.  Any revenues received under Section 4 of this ordinance may be used only for purpose of land acquisition, architectural fees, construction costs, payment for civic center, auditoriums or athletic facility buildings, including the maintenance, staffing and operations of such facilities, and the promotion and advertising of the municipality, its facilities, attractions and activities.

1-5-6    Collection.  Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and SDCL 10-52A and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue and Regulation of the State of South Dakota shall lawfully prescribe.

1-5-7    Interpretation.  It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory hereto, and that this shall be considered a similar tax except for the rate thereof to that tax.

1-5-8    Penalty.  Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500 or imprisoned in the municipal jail for (30) days or both such fine and imprisonment.  In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are herby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.

1-5-9    Separability.  If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.

1-6-1 Purpose.  The purpose of this ordinance is to establish the time when sales of alcoholic beverages may be sold.

1-6-2 Retail on-sale and Package off-sale Alcoholic Beverages:

(a) Times when on-sale and off-sale service prohibited. No on-sale licensee may sell, serve or allow to be consumed, alcoholic beverages on any day of the week between the hours of 2:00 A.M. and 7:00 A.M., local Central Time. No off-sale licensee may sell, serve or allow to be consumed, alcoholic beverages on any day of the week between the hours of 12:01 A.M. and 7:00 A.M.  No on-sale or off-sale licensee, licensed under SDCL 35-4-2(3), (4), (5), (6), (9), (11), (13), or (18), may sell, serve or allow to be consumed, alcoholic beverages at any time on Christmas Day.

(b) Times when on-sale and off-sale service permitted. Any on-sale licensee shall be entitled to sell, serve or allow to be consumed, alcoholic beverages on any day of the week, including Sunday, between the hours of 7:00 A.M. and 2:00 A.M., local Central Time, except Christmas Day.  Any off-sale licensee shall be entitled to sell, serve, or allow to be consumed, alcoholic beverages on any day of the week, including Sunday, between 7:00 A.M. and 12 Midnight, local Central Time, except Christmas Day.