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40-13 General Provisions Governing Officers in Municipalities

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CHAPTER 40-13GENERAL PROVISIONS GOVERNING OFFICERS IN MUNICIPALITIES40-13-01. Qualifications of elective and appointive officers. A person is not eligibleto hold an elective municipal office unless that person is a qualified elector of the municipality and<br>has been a resident of the municipality for at least nine months preceding the election. A person<br>is not eligible to hold an appointive office unless that person is a citizen of the United States. A<br>person in default to the municipality is not eligible to any office.40-13-02. Bonds of city officials - Requirements - Approvals - Additional bonds.The auditor, municipal judge, assessor, and the city manager of any city, and such other officers<br>as the governing body may direct, before entering upon the discharge of the duties of their<br>respective offices, shall execute and deliver to the city their separate bonds payable to the city,<br>conditioned for the honest and faithful performance of their official duties. The bond must be in<br>an amount fixed by the governing body of the city. The bond of the auditor must be set by<br>resolution of the governing body of the city at a regular meeting in June of each year in an<br>amount at least equal to twenty-five percent of the average amount of money that has been<br>subject to the auditor's control during the preceding fiscal year, as determined by the total of the<br>daily balances of the auditor for the calendar year divided by the figure three hundred or the sum<br>of two hundred fifty thousand dollars whichever is least. All official bonds must be approved by<br>the executive officer of the city and filed in the office of the city auditor. The bonds must conform<br>to the law applicable to the bonds of state officers and employees except that no personal surety<br>may be accepted on any bond. A city may not pay the premium on any bond except a bond<br>written in the state bonding fund or a bond procured to replace a bond canceled by the state<br>bonding fund. The governing body at any time may require new and additional bonds of any<br>officer.40-13-03.Oaths of municipal officers.Every person elected or appointed to anymunicipal office, before the person enters upon the discharge of the duties thereof, shall take and<br>subscribe the oath of office prescribed for civil officers, and, except in the case of the auditor,<br>shall file the same with the city auditor within ten days after notice of the election or appointment<br>has been given. The oath of the city auditor shall be filed in the office of the auditor of the county<br>in which the municipality is located. Refusal to take the oath of office, as required by this section,<br>shall also be deemed a refusal to serve and, therefore, a failure to qualify for the office pursuant<br>to section 44-02-01.40-13-04. Salaries of officers and employees fixed by ordinance - Diminution ofofficers' salaries during term prohibited. Except when otherwise provided by law, any officer<br>or employee of a city is entitled to receive the salary, fees, or other compensation fixed by<br>ordinance or resolution.After having been once fixed, the salary of an officer may not bediminished to take effect during the term for which the officer was elected or appointed.40-13-05.Officers not to be interested in contracts or work of municipality -Exception. Except as otherwise provided by law, no municipal officer, in a municipality having a<br>population of ten thousand or more according to the last federal decennial census, shall be<br>directly or indirectly interested in:1.Any contract, work, or business of the municipality;2.The sale of any article the expense, price, or consideration of which is paid from the<br>municipal treasury or by any assessment levied by any act or ordinance; or3.The purchase of any real estate or other property belonging to the municipality or<br>which shall be sold for taxes or assessments or by virtue of any process issued in<br>any suit brought by the municipality.Provided, however, that the foregoing shall not be applicable if unanimously approved by the<br>other members of the governing body of the political subdivision by a finding unanimouslyPage No. 1adopted by such other members and entered in the official minutes of the governing body, to be<br>necessary for the reason that the services or property obtained are not otherwise available at<br>equal cost.40-13-05.1.Municipal officers - Contracts - Disclosure required - Penalty.Amunicipal officer may not refuse or fail to disclose to the governing board of which that person is<br>a member any personal interest, direct or indirect, in any contract requiring the expenditure of<br>municipal funds. Any person who violates this section is guilty of an infraction and is, in addition,<br>subject to removal from office.40-13-06.Penalty for illegal interest in contract of municipality - Contract void.Repealed by S.L. 1975, ch. 106, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>