§ 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies.

(a)

Vacancies. The office of a council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law.

(b)

Forfeiture of Office. A council member shall forfeit that office if the council member:

(1)

lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law,

(2)

violates any express prohibition of this charter,

(3)

is convicted of a felony,

(4)

fails to attend three consecutive regular meetings of the council without being excused by the council, or

(5)

fails to attend at least sixty percent (60%) of the regular meetings of the council during a fiscal year without being excused by the council.

(c)

Filling of Vacancies. A vacancy in the office of mayor or in the city council 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 Council 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. Notwithstanding the requirement in §2.11, if at any time the membership of the council is reduced to less than 5, the remaining members may by majority action appoint additional members to raise the membership to raise the membership to 5.

(d)

Recall. The power of recall of the mayor or council members shall be allowed as set forth in SDCL Title 9, as amended from time to time.