# Title 40 — Municipal Government

## Chapter 40-15 — Officers in Commission Cities, General

### § 40-15-01. Officers to be elected in commission cities.

The following officers shall be elected in each city operating under the commission system
of government:
1. A president of the board of city commissioners.
2. Four city commissioners.
Each city operating under the commission system of government may choose to have a
municipal judge who shall be elected.
### § 40-15-02. Terms of elective officers.

The terms of office of the president of the board of city commissioners and of each
commissioner shall be as provided in chapter 40-09. The municipal judge shall hold office for
four years and until the judge's successor is elected and qualified.
### § 40-15-03. When term of elective officers begins.

The term of each elective officer in a city operating under the commission system of
government commences on the first day of July of the year in which the officer is elected.
### § 40-15-04. Extension of terms of officers in commission cities elected to terms

expiring in 1943 and 1945.
Repealed by omission from this code.
### § 40-15-05. Appointive officers in commission cities - Right to dispense with offices.

At the first meeting after the qualification of its members, or as soon thereafter as possible,
the board of city commissioners shall appoint the following officers:
1. A treasurer;
2. An auditor;
3. An attorney;
4. One or more assessors;
5. A city health officer who shall be a physician;
6. A street commissioner;
7. A chief of the fire department;
8. A chief of police;
9. One or more police officers;
10. A city engineer;
11. A board of public works; and
12. Such other officers or boards as the board of city commissioners may deem
necessary.
The board of city commissioners by a majority vote may dispense with any appointive office and
provide that the duties thereof shall be performed by other officers or boards, by the board of
city commissioners, or by a committee or committees thereof.
### § 40-15-06. Term of appointive officers.

The terms of all appointive officers of a city operating under the commission system of
government commences on the first day of July succeeding their appointment unless otherwise
provided by ordinance, and the officers shall hold their respective offices for the term provided
by ordinance, and until their respective successors are qualified.
### § 40-15-07. Appointive officers - Removal upon hearing - Suspension - Appointment

and removal of temporary officer.
Any person appointed to any office of a city operating under the commission system of
government and any employee of the city may be removed by a majority vote of all the
members of the board of city commissioners, but no officer or employee shall be removed

except for cause and unless charges are preferred against the person and the person is
accorded an opportunity to be heard in the person's own defense. Within ten days after charges
are filed against any such person in the office of the city auditor, the board shall proceed to hear
and determine the case upon its merits. The president of the board of city commissioners, or the
board, by a majority vote of its members, may suspend any officer or employee against whom
charges have been preferred until the disposition of the charges. The president may appoint a
person to fill any vacancy temporarily until charges against the incumbent of such office have
been disposed of. Any person appointed by the president without confirmation may be removed
by the president when the president deems it is for the best interests of the city.
