§ 40-08-09 — Restrictions on members of council

1. Except as provided in this section, no member of the city council shall:
a. Be eligible to any other office the salary of which is payable out of the city
treasury;
b. Hold any other office under the city government; or
c. Hold a position of remuneration in the employment of the city.
2. A member of the city council may serve as an ambulance crew member employed by
the city or under a contract with the city and be remunerated for those services or as a
volunteer firefighter or ambulance crew member for the city and be compensated for
attending training or responding to emergency calls or may be reimbursed for
expenses incurred in attending training or in responding to emergency calls.
3. A member of the city council in a city having a population of five hundred or fewer may
hold a position of remuneration in the employment of the city if no other qualified
individual is available to hold the position of remuneration at an equal cost to the city.
The decision to employ the member of the city council must receive the unanimous
approval of the other members of the council, and the approval must be documented
in the official minutes of the council. This subsection does not apply to appointed
officer positions under section 40-14-04.