§ 40-09-17 — Restrictions on members of board

1. Except as provided in this section, a member of the board of city commissioners may
not:
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; and
c. Hold a position of remuneration in the employment of the city.
2. A member of a board of city commissioners 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 board of city commissioners 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 commission must
receive the unanimous approval of the other members of the commission, and the
approval must be documented in the official minutes of the commission. This
subsection does not apply to appointed officer positions under section 40-15-05.