# Title 40 — Municipal Government

## Chapter 40-14 — Officers in Council Cities, General

### § 40-14-01. Officers to be elected in council cities.

The following officers must be elected in each city operating under the council form of
government:
1. A mayor.
2. The council members required under sections 40-08-03 and 40-08-04.
Each city operating under the council form of government may choose to have a municipal
judge who is elected.
### § 40-14-02. Terms of elective officers.

The terms of office of the mayor and council members are provided in chapter 40-08. All
other elective officers in a city operating under the council form of government shall hold their
respective offices for four years and until their successors are elected and qualified.
### § 40-14-03. When term of elective officer begins.

Under the city council form of government, the term of each elective officer commences on
the first day of July of the year in which the officer is elected.
### § 40-14-04. Appointive officers in council cities - Appointment of more than one

assessor.
1. The mayor, with the approval of the city council, shall appoint the following officers:
a. A city auditor;
b. A city assessor;
c. A city attorney;
d. A city engineer; and
e. Such other officers as the city council deems necessary and expedient.
2. The city assessor shall be appointed at the first meeting of the city council in
September of each odd-numbered year. If the city council of a city containing five
thousand or more inhabitants shall declare, by resolution, that it is necessary to
appoint more than one assessor, the mayor, with the approval of the council, may
appoint one or two additional city assessors.
3. The city council, including a city council under the modern council form of government,
by a majority vote may dispense with any appointive office and provide that the duties
of that office be performed by other officers.
### § 40-14-05. Term of appointive officers.

The term of all appointive officers of a city operating under the council form 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 two years, and until their
successors are appointed and qualified.
### § 40-14-06. Officers commissioned by warrant - City auditor to receive certificate of

appointment.
All officers elected or appointed, except the city auditor, council members, and mayor, must
be commissioned by warrant signed by the auditor and the mayor or president of the city
council. The mayor shall issue a certificate of appointment to the auditor.
### § 40-14-07. Holding of other offices by city auditor prohibited.

Repealed by S.L. 1975, ch. 372, § 1.
