RAPID CITY, S.D. — When Rapid City’s Legal and Finance Committee advanced Ordinance 6717 Wednesday, the item was described simply as bringing the city’s municipal code into alignment with state law.
What that alignment represents is a legal framework — rooted in an 1890 statute — that concentrates authority over appointed city officers firmly in the mayor’s office.
The ordinance is Rapid City’s response to South Dakota Senate Bill 165, signed by Governor Larry Rhoden on March 4, 2026, which reinforced existing statutes governing municipal government. The driving force behind that legislation was a situation that unfolded in Spearfish earlier this year.
The Spearfish Catalyst
In January 2026, five Spearfish city council members called publicly for the removal of City Administrator Bobby Falcon, citing concerns about performance and communication. The mayor declined to act. When the council attempted to use a local ordinance to exercise termination authority themselves, the Spearfish city attorney sought guidance from the state.
On January 28, 2026, South Dakota Attorney General Official Opinion 26-02 answered the question definitively: the council cannot terminate the city administrator. That authority is vested solely in the mayor.
The opinion cited SDCL 9-14-13 — a statute that has been on the books since 1890 — which grants the mayor of an aldermanic municipality the power to remove any officer the mayor appointed, if the mayor believes removal is in the interest of the municipality. The mayor’s only obligation is to report the reasons to the council at the next regular meeting.
Following the AG opinion, the state legislature reinforced the statute through SB 165, closing any ambiguity that local councils might use to challenge mayoral authority over appointed officers.
Municipal Code Is Changing Statewide
Cities across South Dakota, including Rapid City, are now updating their local codes to reflect the change before the July 1, 2026 effective date. A representative of the city attorney’s office noted at Wednesday’s committee meeting that once the updated municipal code language is finalized, all municipal departments will be notified.
The authority described in these statutes is not theoretical in Rapid City. On April 1, Mayor Jason Salamun exercised it directly, removing longtime city attorney Joel Landeen effective immediately. No council vote was required. No public hearing was held. Salamun reported the action and confirmed it was his decision.
On Wednesday morning — the same day Ordinance 6717 advanced through committee — the city announced Carla Cushman, who had served as interim city attorney since Landeen’s departure, had been appointed permanently. Her confirmation vote is scheduled for June 1.
Ordinance 6717 is on its first reading. It will return to the full council for a second reading and vote before taking effect.
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