Official Monthly Publication
Member of National League of Cities
www.sdmunicipalleague.org
South Dakota MUNICIPALITIES
Managing Editor: Yvonne A. Taylor
PRESIDENT Becky Brunsing Finance Officer, Wagner 1st VICE PRESIDENT Jeanne Duchscher Finance Officer, Parker 2nd VICE PRESIDENT Meri Jo Anderson Finance Officer, New Underwood TRUSTEES Laurie Gill Mayor, Pierre
Greg Jamison Councilmember, Sioux Falls Sam Kooiker, Mayor, Rapid City
Pauline Sumption Finance Officer, Rapid City Mike Wendland Mayor, Baltic
PAST PRESIDENT Paul Young Councilmember, Spearfish
Editor: Carrie A. Harer
DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster Dist. 2 - Tim Reed Mayor, Brookings
Dist. 3 - Amy Nelson City Manager, Yankton
Dist. 4 - Debbie Houseman Finance Officer, Lake Andes Dist. 5 - Renae Phinney President, Ree Heights
Dist. 6 - Anita Lowary Finance Officer, Groton Dist. 7 - Arnold Schott Mayor, McLaughlin Dist. 8 - Harry Weller Mayor, Kadoka Dist. 9 - Gary Lipp Mayor, Custer
Dist. 10 - Georgeann Silvernail Commissioner, Deadwood
LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655
Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Christine Lehrkamp Director of Research and Training Jeff Mehlhaff Director of Municipal Electric Services Carrie Harer Director of Marketing & Communications Lori Butler Director of Finance/Office Manager Judith Payne SD Public Assurance Alliance Executive Director Patsy Mikel SD Public Assurance Alliance Administrative Assistant E-mail: yvonne or sandi or christine or jeff or carrie or lori or jpayne.sdpaa or pmikel.sdpaa @sdmunicipalleague.org
Features
Contents
2014 SDML District Meetings . . . . . . . . . . . . . . . . .6
Street Maintenance Association Meeting . . . . . . . . .7
Featured Speaker at SoDACE Conference . . . . . . .8
Code Enforcement Training Conference . . . . . . . . .9
South Dakota State Library Snapshot . . . . . . . . . .10
Hazard Mitigation Grant Program for Blizzard . . . . 11
Broadband Initiative Awards 29 Grants . . . . . . . . .12 DOT Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Police Chiefs Accepting Award Nominations . . . .14
FLSA, Seasonal/Temporary Employees and Child Labor Laws . . . . . . . . . . . . .15
FLSA Child Labor Regulations Refresher . . . . . .16
Employment of Lifeguards . . . . . . . . . . . . . . . . . .22
NLC Announces Federal Priorities . . . . . . . . . . . .26
Age Gap between Candidates Too Small to Meet Threshold for Age Discrimination . . . . . .28
Accessible Play Area Surfaces . . . . . . . . . . . . . . . .30 Making Room for Risk and Reward . . . . . . . . . . .32
Manifested Psychological Problems Not Enough to Stick ADA Claim to City . . . . . . . .34
Advocating for Your Personal Cause . . . . . . . . . . .36
E-Rate Program Helps Local Libraries . . . . . . . . .38
Marijuana at City Hall . . . . . . . . . . . . . . . . . . . . . .40
Columns
Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . .5
Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . .46
Washington Report: Representative Noem . . . . . .48
In Every Issue
Community Calendar . . . . . . . . . . . . . . . . . . . . . . .49 Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . .47
Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . .54
SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-224-8654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota and additional mailing offices. Non-member subscriptions are available for $30.00 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League. Postmaster: Send address changes to SOUTH DAKOTA MUNICIPALITIES, 208 Island Drive, Ft. Pierre, South Dakota 57532.
MARCH 2014
VOLUME 80, NUMBER 9
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Director's Notes The Legislative Session will only have a couple weeks left once you receive this, but believe me, the last days are the LONGEST days. At this writing, we have made good progress on many of the League’s goals, although admittedly our agenda, given the election year, wasn’t as aggressive as in some past years.
We are looking forward to seeing you all as we visit the District Meeting communities of Webster, Huron, Tea, Wagner, Miller, Eureka, Mobridge, Philip, Hot Springs, and Belle Fourche. We find such great events and sites in each town we go to, we really wish this opportunity to “leave the beaten path” were something all of our citizens and visitors could have.
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Affiliate groups are active this time of year, with meetings scheduled for the Municipal Electric Superintendent and Foreman Conference March 4-5; Building Officials ICC Code Officials Institute Program March 25 and 27; Street Maintenance Association meeting April 16-17; Code Enforcement Workshop April 30-May 1; and Police Chiefs’ Association and Sheriffs’ Joint Meeting April 30May 2. Plans are also well underway for the annual Finance Officers’ Schools and Human Resource School. Please go to www.sdmunicipalleague.org for all the dates, agendas, and details so you can get these excellent training opportunities on your calendar. We hope to see many of you at District Meetings, but until then, remember we are always available at 1-800-6583633 or yvonne@sdmunicipalleague.org. Yvonne Taylor Executive Director
SOUTH DAKOTA MUNICIPALITIES
President's Report
I am hoping that this March issue of the magazine is finding you in warmer days. South Dakota certainly has had its share of cold weather this winter.
Promoting your town or city is always one of those things you want to stay up on. Wagner discovered one great way to do just this on January 29 by hosting Wagner Day at the Capitol. This was a great way for leaders from our community to network and visit with our district representatives and senator along with many other legislators. Our group was fortunate to connect with a representative that was able to help our city with an economic development project he is directly connected to. If we hadn’t gone to the capitol, we may have not made that connection.
Along with myself, we had our Chamber of Commerce president, chamber members, Wagner Area Growth president, and Labor Day Committee members all attend to help host the event. We provided a healthy meal of sub sandwiches, vegetables, fruit and cake. Well, the cake might not have been too healthy but it was sure good!
If your community is interested in hosting an event at the capitol, you must first fill out an application with the building and grounds office. This form can be found at http://boa.sd.gov/divisions/grounds/facility_use_forms.aspx. Please note that during legislative session, the dates fill
up fast. I just confirmed Wagner Day next year for February 11, 2015.
A nother gr eat w ay to network and promote your city is by attending the Municipal Rib Dinner which was held February 4, 2014. The ribs were delicious and the conversations were many. This event once again is a gr eat w ay to make connections or “catch up” with someone that you haven’t seen in awhile.
In about a month, I will be on the road for the district meetings. I am told they are a whirlwind and a great experience. I am truly looking forward to them all! Becky Brunsing President
SD Police Chiefs’ Association & SD Sheriffs’ Association
Joint Meeting & Spring Conference April 30 - May 2, 2014 The Lodge at Deadwood, Deadwood
Hotel Phone The Lodge at Deadwood 605-584-4800 (Room block will be released March 29, 2014)
Agenda and registration form are posted under SDML Events at www.sdmunicipalleague.org. Registration is due by April 14, 2014.
MARCH 2014
5
2014 SDML District Meetings
The SDML District Meetings are held every spring to report the outcome of the legislative session. The League President and staff look forward to traveling the state and seeing you at one of the meetings listed below. Legislators, representatives from state agencies and congressional delegates have also been invited to visit with you.
For the League’s purposes, the cities in the state are divided into ten districts. One meeting is held in each district. A map of the districts and a listing of the cities by district can be found in the Directory of Municipal Officials or on the League’s website, www.sdmunicipalleague.org. A chair and vice-chair are elected annually at each district meeting. The chair serves on the League Board and in their absence the vice-chair fills in.
The meeting starts with a social to allow you time to meet your peers from surrounding cities and renew
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acquaintances. The social is followed by a meal and program. During the program you will hear from several people including the League’s President Becky Brunsing and Executive Director Yvonne Taylor. At the end of the evening the election of chair and vice-chair will be held. Each city present gets one vote. The last thing to decide before heading home is who will be hosting your district’s meeting in 2015. If your community is interested in hosting the meeting next year just volunteer when asked!
Registration forms have been sent to all the city offices and are available at www.sdmunicipalleague.org/sdmlevents. Please discuss how many will be attending your district meeting and return the registration form to the League. If you can’t make it to the meeting in your district feel free to register for one that works for you. If you have any questions call the League at 800-658-3633.
2014 District Meetings Schedule
District
Date
District 1
March 27
District 2
March 19
District 3
April 10
District 4
April 9
District 5
March 20
District 6
March 25
District 7
March 26
District 8
April 1
District 9
April 2
District 10
April 3
Location
The Galley 230 W. Hwy 12
Campus Center – Blackburn Hall 333 9th St. SW Tea Events Hall 115 W. 2nd
Two Spurs Steakhouse 610 Hwy 46 Hi Lite 109 N. Broadway
Eureka Country Club 602 B. Ave
KT's Fireside 619 W. Grand Crossing
The Steakhouse & Lounge 160 S. Center Ave Woolly's Western Grill 1648 Hwy 18 Bypass The Mulligan 10941 SD Hwy 34
City
Webster
Time
(local time)
6:00 p.m.
Huron
6:00 p.m.
Tea
6:00 p.m.
Wagner
6:00 p.m.
Miller
6:00 p.m
Eureka
6:00 p.m
Mobridge
6:00 p.m
Philip
6:00 p.m
Hot Springs
6:00 p.m.
Belle Fourche
6:00 p.m.
SOUTH DAKOTA MUNICIPALITIES
SD Municipal Street Maintenance Association Spring Meeting
April 16-17, 2014 j Best Western Ramkota Hotel and Conference Center j Pierre, SD Wednesday, April 16
5:00 to 6:00
Noon to 1:00 pm Registration – outside Gallery B 1:00 to 1:15
1:15 to 2:30
2:30 to 3:00
3:00 to 4:00
4:00 to 5:00
6:00
Welcome – Gallery B
ADA Requirements Alteration vs. Maintenance Projects & Common Issues with ADA in the Public Rights-of-Way June Hansen, ADA Coordinator, SD Dept. of Transportation Brian Raecke, Surfacing Plans Engineer, SD Dept. of Transportation Break – in exhibit area (Galleries CDE)
How to do Safety Training for New and Seasonal Employees Doug Kirkus, President, Safety Benefits Inc.
Round table discussion on Permits and Enforcement or bring your own topic
Registration Fee:
Exhibit Area Social – Galleries CDE Banquet – Gallery A
Thursday, April 17
8:00 to 8:45 am Plan Reading – Gallery B SD LTAP 8:45 to 9:30
9:30 to 10:00 10:00 to 11:00 11:00 to Noon
Bids & Spec. Writing SD LTAP
Break – in exhibit area (Galleries CDE)
Mr. Attitude presents: Attitudes for Excellence - Total Communications Bob Prentice, Professional Speaker TBD *door prize will be given away
SDMSMA Member $50 and Non-member $65.
Accommodations: A block of rooms has been reserved at the Ramkota (605-224-6877) at a rate of $94.99 + tax. **IMPORTANT: to guarantee this rate your reservation must be made by March 16, 2014. Be sure to mention you are with the Street Maintenance Association.
REGISTRATION
Street Maintenance Association Meeting j April 16-17, 2014
Municipality __________________________________________________________________________________
Name
Title
______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
Return registration with payment by April 1, 2014 to: No refunds will be given after April 1, 2014.
Office Use Only:
Date:________________
SD Municipal Street Maintenance Association 208 Island Drive, Ft. Pierre, SD 57532
Check #:________________
Amount:________________
Featured Speaker at SoDACE Conference Hoarding: A Simple Look at a Complex Disorder
By Cory Chalmers
Hoarding is a term that has gained notoriety after the explosion of media coverage it has received over the past several years. While hoarding is nothing new, it certainly seems to be dramatically increasing. People suffering from the Hoarding Disorder are said to be reaching five percent of the United States population. Think about that…one out of every 20 homes you drive past are hoarders. There are not enough resources anywhere to tackle this epidemic, especially the way we are doing it now.
As Code Enforcement Officers, the regular Standard Operating Procedure for most cities and counties throughout the country is either to only address the exterior, or red tag the home. In the bigger picture, what is this really accomplishing? Ninety-seven percent of hoarders will return to hoarding behavior, unless certain processes are put in place. Do you know what these processes are? Is your agency even able to provide them? Most likely the answer is no, meaning you will continue your careers dealing with the same hoarders over and over, as well as new ones that pop up for years. No matter how your agency works, do you want to know how to better handle these situations?
filled with over 100 photos and a couple of videos that paint a clear image of each topic I will be discussing. I have presented at over 30 nationwide conferences, and have received nothing but incredible feedback on the knowledge and insight that people gained from attending. If you are truly interested in learning how to decrease the amount of time you or your agency employees spend on hoarding cases, be safer while working in hoarding environments, or just want to be educated on this complex disorder, please join us April 30!
Cory Chalmers is a Featured Expert on A&E’s “Hoarders” and a Biohazard/Hoarding Specialist with Steri-Clean, Inc. He can be reached at 800-462-7337 Ext. 111 or visit www.HOARDERS.com or www.HoardingCleanup.com.
Agenda and registration for the SoDACE conference to be held April 30-May 1 at the Ramkota in Pierre can be found on the next page and also on the SDML website, www.sdmunicipalleague.org under SDML Events.
My name is Cory Chalmers, featured expert on A&E’s Emmy nominated series “Hoarders,” and President/CEO of Steri-Clean Inc. I have been working with hoarders for 19 years, successfully helping clean up over 10,000 homes. I am also a retired Fire Department Captain, and the Chair of the San Bernardino Hoarding Task Force. Every Sunday I hold a free online hoarding support group for hoarders and their loved ones, and developed an international hoarding resources website which over the past three years has become the most viewed hoarding website in the world.
Since many of you deal with hoarding on a regular basis, I invite you to attend the upcoming South Dakota Association of Code Enforcement Conference on April 30 and May 1 at the Best Western Ramkota Hotel & Conference Center in Pierre, SD. I will be presenting for over three hours on the hoarding disorder and want to share with you some valuable information and insight on the Hoarding Disorder. This presentation will provide you with all aspects of education on the hoarding disorder including, why people hoard, different types of hoarding behaviors, hidden dangers in hoarding homes, how to make the most progress with hoarders, and the necessary aftercare to reverse the recidivism rates.
I can assure you that this is not a boring presentation where I read sentences off slide after slide. This presentation is 8
SOUTH DAKOTA MUNICIPALITIES
SD Association of Code Enforcement (SoDACE) Information and Training Conference
April 30 - May 1, 2014 j Best Western Ramkota Hotel and Conference Center j Pierre, SD Wednesday, April 30 9:00-9:20 am Registration 9:20-9:30
9:30-Noon
Open Discussion on Nuisance Problems & Solutions
Noon – 1:15 pm Lunch – Galleries F & G
1-800-HOARDERS.com Cory Chalmers is the CEO and founder of Steri-Clean, Inc., parent company of Crime Scene Steri-Clean, LLC and 1800-HOARDERS.com. He has 18 years of experience in the biohazard and hoarding remediation industry. Steri-Clean, Inc. responds to over 1500 biohazard and hoarding cases each year. Steri-Clean Inc. is contracted by dozens of cities throughout California as well as management companies, hotels, and fortune 500 companies. You may recognize Mr. Chalmers from the Emmy nominated TV series “Hoarders” on A&E where he travels the country helping clean up some of the worst hoarding cases ever seen.
1:15 – 2:30
Accommodations:
Break
6:00
Social and Dinner and Presentation of the Code Enforcement Officer of the Year Award – Galleries F & G (Nomination Form online at www.sdmunicipalleague.org.)
3:00 – 5:00
Welcome – Amphitheater II
Registration Fee:
2:30 – 3:00
1-800-HOARDERS.com cont’d
Thursday, May 1
9:00 – 10:00 am Business Meeting – Amphitheater II *update by the Education Committee *update by Geoff Fillingsness, SoDACE scholarship winner that attended the AACE conference in October of 2013
10:00 – 10:15 10:15 – Noon
Break
Mental Health in the Workplace & Clinical Side of Hoarding Jeffrey E. DeKraai, Clinical Mental Health Therapist, Black Hills Counseling Services
Advance Registration: $50.00 for SoDACE members and $90.00 for non-members. On-site Registration: $60.00 for SoDACE members and $100.00 for non-members.
A block of rooms has been reserved at the Ramkota (605-224-6877) at a rate of $89.99 + tax. **IMPORTANT: to guarantee this rate your reservation must be made by March 30, 2014. Be sure to mention you are with the Code Enforcement Association.
REGISTRATION
SD Code Enforcement Meeting j April 30 - May 1, 2014
Municipality __________________________________________________________________________________
Name Title Email ______________________________________________________________________________________________ ______________________________________________________________________________________________
Return registration with payment by April 16, 2014 to: No refunds will be given after April 16, 2014.
Office Use Only:
Date:________________
South Dakota Association of Code Enforcement 208 Island Drive, Ft. Pierre, SD 57532
Check #:________________
Amount:________________
South Dakota State Library Snapshot
The South Dakota State Library (SDSL) is a division within the Department of Education. It has a staff of 27 and is located on the first floor of the MacKay Building on the Capitol complex in Pierre. Visit http://library.sd.gov/.
The SDSL works with public, school and academic libraries throughout the state by promoting and expanding citizen access to library services and resources. The SDSL provides back-up services to local libraries to supplement their ability to meet citizen information needs, increases proficiency of librarians by providing training and continuing education, provides specialized services or materials that individual libraries cannot feasibly deliver on their own, and provides the research needs of state government employees. The State Library also assists local libraries in strengthening communities by enabling citizens to engage in lifelong learning, linking citizens and businesses to new economic opportunities, and promoting information literacy using 21st century technology. The State Library maintains specialized collections that supplement the resources of other libraries and improve the work of state government by providing timely access to information. One such specialized collection is the Grants Foundation Center.
Foundation Center’s Funding Information Network Partners The South Dakota State Library is a Funding Information Network partner of the Foundation Center. As a member of this nationwide network of libraries, community foundations, and other nonprofit agencies, the South Dakota State Library provides visitors with free public access to grantmaker directories, books on fundraising and nonprofit management, and the Foundation Center’s electronic database, Foundation Directory Online Professional. This comprehensive, fully searchable database includes detailed profiles of all active U.S. foundations, as well as an extensive file of recent grants awarded by the nation’s top funders.
Foundation Directory Online Subscription database – available (in-house) at the SD State Library. j
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IT’S CURRENT... Updated weekly; the latest grants are provided electronically by many foundations. FLEXIBLE... Target your searches by state, county, city, metro area, ZIP code, and geographic focus of the funder. For
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complete flexibility, search by key words and use the power search! ACCURATE... Monitors more than 35 different information sources to gather information for the directory. AND SMART! More than 1,100 distinct search terms are indexed for fields of interest and subject areas. Tag records with any reminder word or phrase. Save your search strategies in a password-protected ‘My FDO’ e-folder. Instant access to four comprehensive databases— Grantmakers, Companies, Grants, and IRS Forms 990s – search them individually or search them all using Power Search. Fact-filled funder portfolios with abstracts from our Philanthropy News Digest, the grantmaker’s latest RFPs, publications, jobs, and key staff affiliations. New! Interactive maps showing a foundation’s grants by state, county, city, ZIP code, and congressional district; see international grants by country. New! Interactive charts showing a foundation’s grants by area of interest with three levels of detail; click through to recipient lists and grant records! Grants Database contains over 1.5 million records of recently awarded grants by the largest grantmakers.
Grant Resources http://www.delicious.com/sdslreference – SD State Library Delicious page – no login needed.
http://thegrantplant.blogspot.com/ – a good article, plus list of resources.
http://librarygrants.blogspot.com/ – a good resource for library grants.
www.foundationcenter.org – lots of excellent free resources and free webinars, chat with a librarian online to get questions answered.
http://www.grantspace.org/ – another site from the Foundation Center. Easier to navigate, clear search categories, online chat feature, free webinars.
Cornerstone – SDSL’s monthly newsletter. We always highlight a couple of grants resources.
SDSL professional collections – grants books that can be borrowed from SDSL. Search the catalog and borrow via ILL.
For more information contact Brenda Hemmelman at brenda.hemmelman@state.sd.us or 800-423-6665. SOUTH DAKOTA MUNICIPALITIES
Hazard Mitigation Grant Program Funding for Blizzard
South Dakota received a Presidential Disaster Declaration as a result of an early October 2013 blizzard. Subsequently, approximately $4.2 million of funding is now available for local governments and certain private-non-profit organizations to apply for hazard mitigation projects that will reduce the loss of life and property by lessening the impacts of future disasters. To find out more about the eligibility of mitigation projects or applying for these funds, contact Jim Poppen at 605-773-3231 or jim.poppen@state.sd.us. Discussions on your project are vital to ensure all components of the application are completed. The deadline for application submittal is August 15, 2014.
Timelines j Applications due to state: August 15, 2014, but can be submitted prior to deadline j OEM reviews the applications for completeness: August/September 2014 j OEM presents applications to the State Hazard Mitigation Team: October 2014 j State Hazard Mitigation Team approved projects submitted to FEMA: November 2014 j FEMA has until November 2015 to award projects j Period of Performance to complete approved projects: November 2017
Notes j New Hazard Mitigation Assistance (HMA) guidance contains a new Eligibility and Completeness Checklist which needs to accompany each application. j When submitting an application for a phased project, you will need to indicate that you are requesting the project to be phased and provide a detailed scope of work and budget for each phase of the project. A new benefit cost analysis is required for phase 2. j If you intend to request progress payments throughout the construction of your project then this will need to be indicated in your application. Copies of all invoices and checks will be required and a project inspection will be performed by OEM prior to any payment. Each payment will be reimbursed at a 75% federal share rate with a 25% local match required. j All agencies that have a stake in environmental and historical preservation for your project will need to have an environmental letter sent to them for their response on your project. These response letters must accompany the application. If construction is taking place on or near tribal property, it is a possibility the Tribal Historic Preservation Office may request a Class III Archeological Survey to be completed prior to award. This survey is an eligible expense.
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SD’s Broadband Initiative Awards 29 Community Anchor Institutions with Technology Grants
In January, technology grants for projects totaling over $285,000 were issued to 29 Community Anchor Institutions (CAIs) across South Dakota. This program is part of the federal Department of Commerce’s National Telecommunication and Information Administration’s (NTIA) State Broadband Initiative (SBI).
“A key goal for the State Broadband Initiative is to increase broadband utilization; these community institutions continue to invest, improve and expand their computer infrastructure and we thank them for helping us accomplish this goal,” said Jim Edman, Deputy Commissioner for the state Bureau of Information and Telecommunications and project manager for the State Broadband Initiative. “Broadband technology can support successes in economic development, energy efficiency, agriculture, education and health care across South Dakota and these grants will help assist community institutions across the state with just that.”
The following institutions were awarded funding through the grant application program. Details include the CAI and total project costs (including the requirement of the CAI providing a 20 percent matching investment).
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.
Belle Fourche Public Library, Belle Fourche ($9,407.00) Bethel Community, Madison ($12,361.13) Bethesda Home, Aberdeen ($12,475.95) Brown County, Aberdeen ($11,830.00) Brule County, Chamberlain ($12,333.50) City of Elk Point, Elk Point ($12,152.19) City of Veblen, Veblen ($9,522.20) Community Counseling Services, Huron ($11,115.63) Dakota Discovery Museum, Mitchell ($12,355.00) Ethan School, Ethan ($12,101.19) Faith Public-School Library, Faith ($5,828.00) Grant County Public Library, Milbank ($11,392.00) Holy Trinity Catholic School, Huron ($10,670.75) Huron School District, Huron ($11,812.50) Jerauld County, Wessington Springs ($5,415.75) Lake County, Madison ($4,037.25) Marcus P. Beebe Memorial Library, Ipswich ($4,468.00) Miner County, Howard ($11,964.88) Moody County, Flandreau ($11,534.63) Moody County - Public Safety, Flandreau ($12,188.69) Perkins County, Bison ($7,193.06) Plankinton School District, Plankinton ($10,389.38) Spink County, Redfield ($12,492.25) Sully County, Onida ($11,936.69)
Are you on the map?
To ensure your location has a stable and reliable computing environment, take advantage of a technology assessment at no charge through the South Dakota Broadband Initiative.
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SOUTH DAKOTA MUNICIPALITIES
25. Violet Tschetter Memorial Home, Huron ($9,619.88) 26. Wolsey-Wessington School District, Wolsey ($6,900.00) 27. Yankton County Emergency Services, Yankton ($6,045.41) 28. Yankton County Government Center, Yankton ($9,510.94) 29. Ziebach County, Dupree ($6,538.75)
Project funding will provide technology improvements in the areas of: j Firewalls (a form of cyber security) to protect computers against malware, spyware, viruses and other threatening content. j Network switches to ensure uptime and stability as well as increase network speeds and performance. j Wireless equipment for mobile connectivity and increased performance. j New or additional laptops and desktops to provide access to broadband services.
Through this project funding, city and county offices will be able to offer public Wi-Fi at commission and board meetings, schools and libraries will have more computers and secured wireless access for students and patrons, and community centers will have opportunities to offer more technology access to their visitors.
MARCH 2014
The South Dakota Broadband Initiative Technology Planning team will assist the CAI staff and their technology partners with the implementation of the equipment into their infrastructure. The Technology Planning and Computer Ownership program is one segment of the overall SBI. The primary purpose is to provide CAI’s with technology consulting and solutions pertaining to their technical infrastructure and broadband connectivity. Eligible institutions include libraries, medical and healthcare facilities, K-12 schools, institutions of higher education, public safety offices, government and tribal offices, and community support locations. To learn more, please visit the following links: Summary of the Grant Usage Awards j http://broadband.sd.gov/Docs/Awarded_Grant_Usage _and_Summaries.pdf Map of Awarded Communities j http://broadband.sd.gov/docs/SDBI_Winter2014_ GrantAwards.pdf
About South Dakota Broadband Initiative (SDBI): The purpose of the SDBI is to inventory the availability of broadband services within the state and to increase the rate of those services by telecommunications consumers. Visit http://broadband.sd.gov/, email broadband@state.sd.us, or call 605-773-4165 for more information.
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DOT Grants
The South Dakota Department of Transportation has developed a grant program to foster economic development and enhance community access in South Dakota. The program has three categorical purposes.
The Industrial Park grants will be made to any local unit of government for the development of new or expanded access for new industry located within industrial parks. Applications are due April 15, July 15, or October 15.
The Agri-Business grants will be made to any local unit of government for the development of new or expanded agri-business industries. Applications are due April 15, July 15, or October 15. Community Access Grants are state funds for towns less than 5,000 in population and are for the construction or reconstruction of major streets in each town such as Main Street, the road to the elevator, schools, hospitals, etc. Applications are due July 15. These programs provide for 60% of the construction costs of the project, not including engineering or utility work. Grant size is limited to $200,000.
Application Should Include j Clear map showing the project location j Engineer’s Estimate j Resolution of support from the local sponsor
Project Requirements j Designed in accordance with the South Dakota Department of Transportation Standard Specifications for Roads and Bridges j Must comply with the American’s with Disabilities Act j Funds cannot be used for routine maintenance j Must have plans and specifications stamped by a registered professional engineer
All grants will be based on the criteria developed by the Department of Transportation. The expenditure authority for the program will be determined by the Transportation Commission. All grants must be approved by the Transportation Commission, and may be used to construct or reconstruct roads and streets in the community.
Police Chiefs Accepting Award Nominations
The South Dakota Police Chiefs’ Association is accepting nominations for the following awards:
Medal of Honor For members who willingly distinguish themselves through an act of courage, involving a risk of imminent serious injury or death, for the purpose of saving or protecting a human life or while taking an armed and immediately dangerous suspect into custody.
Chief John Wainman Sr. Service Award For contributions by a member of the SDPCA which exceed the high standards and contributions normally made by members.
Citizen’s Award of Merit Presented to a citizen, company or group who performed an exceptional act or demonstrated a continued pattern of actions that furthered the mission and goals of the SDPCA, or who have made a significant contribution to the law enforcement profession in the State of South Dakota.
Officer of the Year All sworn officers are eligible. This includes law enforcement officers in US Park Service, Customs, Border Patrol, Sheriffs’ Offices, Tribal Agencies, University Police, Reserve Officers, and others below the rank of chief/sheriff. Nominations may be made for exceptional achievement in any police endeavor, including extraordinary valor, crime prevention, investigative work, community policing, traffic safety, drug control and prevention, juvenile programs and training programs.
Deadline for submission is March 15th.
An official nomination form can be obtained by visiting www.sdmunicipalleague.org then the Police Chiefs section under the Affiliate Organizations tab.
All aspects of these grant programs are outlined in the Fact Sheets and Policies for Industrial Park, Agri-Business Access, and Community Access Grant Programs and can be found at http://www.sddot.com/business/local/economic/.
For more information contact Paula Huizenga, Grants Program Engineer, paula.huizenga@state.sd.us or 605773-6253. 14
SOUTH DAKOTA MUNICIPALITIES
FLSA, Seasonal/Temporary Employees and Child Labor Laws
It is important to regularly review Fair Labor Standards and Child Labor regulations PRIOR to seasonal hiring. Often we become complacent and continue to do things the way we have always done them. Reminders like this give us an opportunity to verify that we are adhering to the law. In this economy, none of us can afford to make mistakes that cost our communities back wages for overtime.
The Fair Labor Standards Act (FLSA) allows for specific exemptions from minimum wage and overtime including administrative, executive and professional exemptions. For purposes of this article, we will assume that most employees hired for seasonal and temporary positions are non-exempt from minimum wage and overtime provisions. This means that these employees will be eligible to receive minimum wage at $7.25 per hour. Seasonal and temporary employees are eligible to receive 1.5 times the hourly wage for all hours worked over 40 in any given workweek as required by FLSA.
FLSA DOES include an exemption from minimum wage and overtime for Seasonal Amusement or Recreational Establishments - Section 13(a)(3). Tests for this exemption include: a) does not operate for more than seven months in any calendar year; OR b) during the preceding calendar year, average receipts for any six months of such year were not more that 33 1/3% of its average receipts for the other six months of such year.
It would seem apparent that a swimming pool or other facility that is open only for the summer months would qualify for this exemption from overtime and minimum wage provisions of the FLSA. But please note, if
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seasonal employees who qualify for this exemption perform other jobs for the city, this exemption from overtime may not apply.
Also please review the “FLSA Child Labor Regulations Refresher” article on pages 16-20. It is important to consider the duties that employees under age 18 are permitted to perform. With limited resources and limited staff, it becomes essential to understand the law. The majority of the questions that the Municipal League receives are regarding “children” under eighteen years of age (16-17) and if they are allowed to run lawn mowers. In a later article the actual Prohibited Occupations for 16-17 year olds (non-adult) are reviewed. Even though lawn mowers are not specifically mentioned, there are enough related references to this type of work that many cities across South Dakota do not use child labor for these duties. The League discourages cities from doing so but we will leave that to you and your City Attorney to work out. It would also be prudent to review the Child Labor Violation Penalties which is in a later article as well.
These laws can be complicated and difficult to sort out. If there are questions, employers are required to follow the law that provides the greatest benefit to the employee. State codified law can be found under Title 60 Labor and Employment. Our South Dakota Department of Labor staff is also a great resource. You also have access to SDML knowledgeable staff and the SD Governmental Human Resource Association.
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FLSA Child Labor Regulations Refresher
Reprinted from the United States Department of Labor Wage and Hour Division website. The information in this article is a snapshot of what is provided via the DOL website. For more details follow visit http://www.dol.gov/ whd/regs/compliance/childlabor101_text.htm.
With summer just around the corner, it may be a good time to have a little refresher course on the Fair Labor Standards Act (FLSA) regarding child labor regulations. Employers may employee youth only under certain conditions and child labor regulations vary significantly depending on the age of the youth.
Federal Child Labor Provisions The federal child labor provisions, also known as the child labor laws, are authorized by the Fair Labor Standards Act (FLSA) of 1938. These provisions were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities. By knowing, understanding, and complying with these provisions, employers, parents, and teachers can help working teens enjoy those safe, positive, early work experiences that can be so important to their development. Other Laws That Impact Child Labor Other federal and state laws may have higher standards. When these apply, the more stringent standard must be observed. All states have child labor provisions, compulsory school attendance laws, and establish the minimum ages and conditions under which youths may operate motor vehicles.
Unless otherwise exempt, a covered minor employee is entitled to receive the same minimum wage, overtime, safety and health, and non-discrimination protections as adult workers.
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Minimum Age Standards for Nonagricultural Employment 14 Minimum age for employment in specified occupations outside of school hours for limited periods of time each day and each week.
16 Basic minimum age for employment. At 16 years of age, youth may be employed for unlimited hours in any occupation other than one declared to be hazardous by the Secretary of Labor.
18 Minimum age for employment in nonagricultural occupations declared hazardous by the Secretary of Labor.
Occupation Standards for 14- and 15-Year-Olds The following list, which is not exhaustive, are jobs that 14- and 15-year-olds may not be employed in: 1. Any manufacturing occupation.1 2 Any mining occupation. 3. Most processing occupations such as filleting of fish, dressing poultry, cracking nuts, developing of photographs, laundering, bulk or mass mailings (except certain occupations expressly permitted as discussed below). 4. Occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined or otherwise processed (except to the extent expressly permitted as discussed below; and as discussed in footnote 1). 5. Any occupation found and declared to be hazardous by the Secretary of Labor. 6. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or repairing of hoisting apparatus. 7. Work performed in or about boiler or engine rooms or in connection with the maintenance or repair of the establishment, machines, or equipment. 8. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or repairing of any power-driven machinery, including, but not limited to, lawnmowers, golf carts, all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers. Fourteen- and 15-yearolds may operate most office machinery and those machines that are expressly permitted. 9. The operation of motor vehicles or service as helpers on such vehicles. 10. The riding on a motor vehicle inside or outside of an enclosed passenger compartment except as permitted in #16 in the next list. 11. Outside window washing that involves working from window sills. SOUTH DAKOTA MUNICIPALITIES
12. All work requiring the use of ladders, scaffolds, or their substitutes. 13. All baking and most cooking activities except as discussed in the following #3. 14. Work in freezers and meat coolers and all work in the processing of meat for sale; however, youth are permitted to occasionally enter freezers only momentarily to retrieve items. 15. Youth peddling, including not only the attempt to make a sale or the actual consummation of a sale, but also the preparatory and concluding tasks normally performed by a youth peddler, such as the loading and unloading of motor vehicles, the stocking and restocking of sales kits and trays, the exchanging of cash and checks with the employer, and the transportation of the minors to where the sales will be made. 16. Loading and unloading of goods or property onto or from motor vehicles, railroad cars, and conveyors, except as discussed in the following #12. 17. Catching and cooping of poultry in preparation for transport or for market. 18. Public messenger service. 19. Occupations in connection with: a. Transportation of persons or property by rail, highway, air, on water, pipeline, or other means. b. Warehousing and storage. c. Communications and public utilities. d. Construction (including repair). Except 14- and 15-year-olds may perform office or sales work in connection with a, b, c, and d above when not performed on transportation media, on an actual means of transportation, or at the actual construction site.
The following is the list of jobs the Secretary of Labor has determined will not interfere with the schooling, health, and well-being of 14- and 15-year-olds and therefore MAYBE performed by such youth. Any job not specifically permitted, is prohibited. 1. Office and clerical work, including operation of office machines. 2. Work of an intellectual or artistically creative nature such as but not limited to computer programming, the writing of software, teaching or performing as a tutor, serving as a peer counselor or teacher’s assistant, singing, the playing of a musical instrument, and drawing, as long as such employment complies with all the other provisions contained in §§ 570.33, .34, and .35. 3. Cooking with electric or gas grills that do not involve cooking over an open flame and with deep fat fryers that are equipped with and utilize devices that automatically lower and raise the baskets into and out of the oil or grease. NOTE: this section does not permit cooking with equipment such as rotisseries, MARCH 2014
4. 5.
6. 7. 8. 9.
10.
11.
12.
13.
broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as “Neico broilers.” Cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping. Price marking and tagging by hand or by machine. Assembling orders, packing and shelving. Bagging and carrying out customer orders. Errand and delivery work by foot, bicycle, and public transportation. Except such youth may not be employed by a public messenger service. Cleanup work, including the use of vacuum cleaners and floor waxers, and the maintenance of grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment. Kitchen work and other work involved in preparing and serving food and beverages, including operating machines and devices used in performing such work. Examples of permitted machines and devices include, but are not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, devices used to maintain the temperature of prepared foods (such as warmers, steam tables, and heat lamps), and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140 °F. Cleaning kitchen equipment. Minors are permitted to clean kitchen equipment (not otherwise prohibited), remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or hot oil, but only when the equipment, surfaces, containers and liquids do not exceed a temperature of 100°F. Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and stocking of items, including vegetables, fruits, and meats, when performed in areas physically separate from a freezer or meat cooler. Loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-driven, hand tools and personal protective equipment that the minor will use as part of his or her employment at the work site; and the loading onto motor vehicles and the unloading from motor vehicles of personal items such as a back pack, a lunch box, or a coat that the minor is permitted to take to the work site. Such light tools would include, but not be limited to, rakes, hand-held clippers, shovels, and brooms. Such light tools would not include items like trash, sales kits, promotion items or items for sale, lawn mowers, or other power-driven lawn maintenance equipment. Such minors would not be permitted to load or unload safety equipment such as barriers, cones, or signage. The occupation of lifeguard (15-year-olds but not 14year-olds) at traditional swimming pools and water 17
amusement parks (including such water park facilities as wave pools, lazy rivers, specialized activity areas, and baby pools, but not including the elevated areas of water slides) when properly trained and certified in aquatics and water safety by the American Red Cross or a similar certifying organization. No youth under 16 years of age may be employed as a lifeguard at a natural environment such as an ocean side beach, lake, pond, river, quarry, or pier. 14. Employment of certain youth under specified conditions inside and outside of establishments where machinery is used to process wood products. See the DOL link at the beginning of this article for information on this exemption. 15. Work in connection with cars and trucks if confined to the following: j Dispensing gasoline and oil. j Courtesy service on premises of gasoline service station. j Car cleaning, washing, and polishing by hand. j Other occupations permitted by Child Labor Regulation No. 3, but not including work involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring. 16. Work in connection with riding inside passenger compartments of motor vehicles except as prohibited in #10 in the previous list or when a significant reason for the minor being a passenger in the vehicle is for the purpose of performing work in connection with the transporting—or assisting in the transporting of— other persons or property. Each minor riding as a passenger in a motor vehicle must have his or her own seat in the passenger compartment; each seat must be equipped with a seat belt or similar restraining device; and the employer must instruct the minors that such belts or other devices must be used. In addition, each driver transporting the young workers must hold a valid state driver’s license for the type of vehicle being driven and, if the driver is under the age of 18, his or her employment must comply with the provisions of HO 2 (see chart).
Employment Standards for 16- and 17-Year-Olds in Nonagricultural Employment
The Hazardous Occupations Orders (HOs) for Nonagricultural Employment These Orders are published in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations.
The FLSA provides a minimum age of 18 years for any nonagricultural occupations which the Secretary of Labor “shall find and by order declare” to be particularly hazardous for 16- and 17-year-old persons, or detrimental to their health and well-being. This minimum age applies 18
even when the minor is employed by the parent or person standing in place of the parent.
The seventeen HOs apply either on an industry basis, specifying the occupations in the industry that are not permitted, or an occupational basis irrespective of the industry in which found. Some of the HOs contain limited exemptions. HO 1
Manufacturing and storing of explosives.
HO 3
Coal mining.
HO 2
HO 4 HO 5* HO 6 HO 7 HO 8* HO 9
Motor-vehicle driving and outside helper on a motor vehicle. Occupations in forest fire fighting, forest fire prevention, timber tract operations, forestry service, logging, and sawmilling. Power-driven woodworking machines. Exposure to radioactive substances.
Power-driven hoisting apparatus, including forklifts.
Power-driven metal-forming, punching, and shearing machines. Mining, other than coal mining.
Operating power-driven meat processing equipment, including meat slicers and other food slicers, in retail establishments (such as HO 10* grocery stores, restaurants kitchens and delis) and wholesale establishments, and most occupations in meat and poultry slaughtering, packing, processing, or rendering. HO 11
HO 12* HO 13
Power-driven bakery machines including vertical dough or batter mixers.
Power-driven balers, compactors, and paper processing machines. Manufacturing bricks, tile, and kindred products.
Power-driven circular saws, bandsaws, chain HO 14* saws, guillotine shears, wood chippers, and abrasive cutting discs. HO 15
HO 16*
Wrecking, demolition, and shipbreaking operations.
Roofing operations and all work on or about a roof.
HO 17* Excavation operations.
* These HOs provide limited exemptions for 16- and 17-yearolds who are bona-fide student-learners and apprentices.
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Enforcement of the Federal Child Labor Provisions The Wage and Hour Division, which is part of the Department of Labor, administers and enforces the child labor, minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act. The Wage and Hour Division also has enforcement responsibility for programs covering such things as prevailing wages for government contracts, the payment of special minimum wages, farm labor, family and medical leave, immigration and polygraph testing. Wage and Hour Division Investigators, who are stationed across the United States, are authorized to conduct investigations and gather data on wages, hours of work, and compliance with all the provisions of the FLSA, including the child labor provisions.
Age Certificates To help protect your city from unwittingly violating the FLSA minimum age standards, employers should possess proof of age for all employees under the age of 19. The FLSA provides an affirmative defense against child labor violations for employers who have on file a valid certificate showing that the employee is the required age.
The use of these certificates is not mandatory under the FLSA, but the U.S. Department of Labor recommends that employers obtain a certificate if there is reason to believe a worker is not old enough to perform a given job, for instance, if he or she has an especially youthful appearance, or if he or she claims to be only a few years older than the required age.
j j j j j j j j
sex of the minor; signature of the minor; name and address of the minor’s parent or guardian; name and address of the employer, if the minor is under 18; industry of the employer, if the minor is under 18; occupation of the minor, if the minor is under 18; signature of the issuing officer; and date and place of issuance.
Penalties for Violation
Civil Money Penalties Employers may be subject to a civil money penalty of up to $11,000 for each employee who is the subject of a child labor violation. The penalty may be increased to $50,000 for each violation that causes the death or serious injury of a minor, and that penalty may be doubled when the violations are determined to be repeated or willful. When a civil money penalty is assessed against an employer for a child labor violation, the employer has the right, within 15 days after receipt of the notice of such penalty, to file an exception to the determination that the violation or violations occurred.
DOL’s regulations set out the procedures for applying for, issuing, holding and disposing of certificates of age. The regulations authorize certificates to be issued by most of the states as well as DOL’s Wage and Hour Division.
To secure certificates of age, employers must provide to DOL or an appropriate state agency documentary evidence of proof of birth for any minors they employ. The following documents generally are accepted as proof of birth: j birth certificate, j an attested transcript of birth, j a signed statement issued by a registrar of vital statistics for births in the area, j a baptism record, j certain family Bible records, j a passport, j a certificate of arrival in the United States, and j certain school records accompanied by a physician’s certificate. Generally, the regulations state, a valid certificate of age must contain the following information: j name and address of the minor; j place and date of birth of the minor; MARCH 2014
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When such an exception is filed with the office making the assessment, the matter is referred to the Chief Administrative Law Judge, and a formal hearing is scheduled. At such a hearing, the employer may, or an attorney retained by the employer may, present such witnesses, introduce such evidence and establish such facts as the employer believes will support the exception. The determination of the amount of any civil money penalty becomes final if no exception is taken to the administrative assessment thereof, or if no exception is filed pursuant to the decision and order of the administrative law judge. Injunction to Compel Compliance The FLSA authorizes the Department of Labor to seek injunctions against violators of the child labor provisions to compel their compliance with the law. Further violations could result in sanctions against such persons for contempt of court.
Criminal Sanctions The FLSA also provides, in the case of a willful violation, for a fine up to $10,000; or, for a second offense committed after the conviction of such person for a similar offense, for a fine of not more than $10,000 or imprisonment for not more than 6 months, or both.
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Additional Information For information about the federal child labor requirements, visit the YouthRules! at http://www.youthrules.dol.gov.
Inquiries about the Fair Labor Standards Act or any other law administered by the Wage and Hour Division may be addressed to any local office of the Wage and Hour Division. Additional information is available at http://www.dol.gov/ whd/index.htm.
Locate the Wage and Hour Division office nearest to you, telephone the toll-free information and helpline at 1-8664US-WAGE (1-866-487-9243): a customer service representative is available to assist you with referral information from 8am to 5pm in your own time zone; or log onto the nationwide listing of Wage-Hour District Offices located at: http://www.dol.gov/whd/america2.htm.
Notes 1. Section 13(c)(7) of the FLSA, enacted in 2004, permits the employment of certain minors between the ages of 14 and 18, who have been excused from compulsory school attendance, inside and outside of places of business where machinery is used to process wood products. This provision, however, does not permit such minors to operate, or assist in the operation of power-driven woodworking machines.
SOUTH DAKOTA MUNICIPALITIES
Application of the Federal Child Labor Provisions to the Employment of Lifeguards
Fact Sheet # 60: Application of the Federal Child Labor Provisions of the Fair Labor Standards Act (FLSA) to the Employment of Lifeguards
The Fair Labor Standards Act (FLSA), administered by the U.S. Department of Labor’s Wage and Hour Division (WHD), requires that most employees be paid at least the applicable federal minimum wage and overtime pay for all hours worked at time and one-half the regular rate of pay after 40 hours in a workweek. The FLSA also includes child labor and recordkeeping provisions. While some seasonal and recreational establishments such as outdoor swimming pools may be exempt from the minimum wage and overtime requirements of the FLSA if they meet certain tests, this exemption does not apply to the child labor or record keeping provisions of the FLSA.
Child labor Provisions of the FLSA The federal child labor provisions were enacted to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
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18 years of age Once a minor reaches 18 years of age, the federal child labor provisions no longer apply to their employment.
16 and 17 years of age Sixteen and 17-year-olds employed as lifeguards may perform any nonhazardous job, for unlimited hours. The Secretary of Labor has declared 17 Hazardous Occupations Orders (HOs) which restrict the types of jobs and/or industries in which youth under 18 years of age may be employed. Although not exhaustive, the following list represents some common tasks which occur at establishments that employ lifeguards. Under the federal child labor provisions, workers under 18 years of age generally may not: j Operate or assist to operate, clean, oil, set up, adjust, or repair certain power-driven woodworking, metalworking, bakery, meat processing, and paper products machinery including meat slicers, compactors, balers, mixers, and saws. j Drive or serve as an outside-helper on a motor vehicle on a public road; but 17-year-olds who meet certain
SOUTH DAKOTA MUNICIPALITIES
j
j
specific requirements may drive automobiles and trucks that do not exceed 6,000 pounds gross vehicle weight for limited amounts of time during daylight hours as part of their job (see Fact Sheet #34). Operate power-driven hoists such as elevators, cranes, derricks, and high-lift trucks. However, 16- and 17-yearolds may operate and assist in the operation of most water amusement park and recreation establishment rides. Load, operate, or unload power-driven balers and compactors used in the disposal of waste. A limited exemption exists that permits the loading, but not the operating or unloading, of certain scrap paper balers and paper box compactors under certain specific conditions (see Fact Sheet #57).
14 and 15 years of age Fifteen-year-olds, but not youth less than 15 years of age, may be employed as lifeguards at traditional swimming pools and most facilities of water amusement parks. Such employment must meet the following conditions: j The 15-year-old must be trained and certified by the American Red Cross, or a similar certifying organization, in aquatics and water safety; and j The 15-year-old must be employed in compliance with all the other applicable provisions of the federal child labor rules contained in Child Labor Regulations No. 3 (see Subpart C of 29 CFR Part 570), including the restrictions on the hours and times of day that 15-yearolds may be employed as discussed below; and j The federal child labor rules require that 15-year-olds who are employed to teach or assist in teaching others how to swim must also be certified as swimming instructors by the American Red Cross or some other similar certifying agency.
conduct or officiate at swimming meets, and administer first aid. Additional ancillary lifeguard duties may include checking in and out such items as towels, rings, watches and apparel. Properly certified 15-year-old lifeguards are also permitted to use a ladder to access and descend from the lifeguard chair; use hand tools to clean the pool and pool area; and test and record water quality for temperature and/or pH levels, using all of the tools of the testing process including adding chemicals to the test water sample. Such youth would, however, be prohibited from entering or working in any chemical storage areas, including any areas where the filtration and chlorinating systems are housed. As mentioned, a core and defining duty of a lifeguard is the rescuing of swimmers in danger of drowning, often by entering the water and physically bringing the swimmer to safety. Under 29 C.F.R. § 570.34(l), any employee under the age of 16 whose duties include this core duty—such as a “junior lifeguard” or a “swim-teacher aide”—or whose employment could place him or her in a situation where the employer would reasonably expect him or her to perform such rescue duties, would be performing the duties of a lifeguard while working in such a position. For such employment to comply with these child labor provisions, the employee would have to be at least 15 years of age and possess the proper certification.
The occupation of lifeguard, as per 29 C.F.R. § 570.34(l), encompasses the duties of rescuing swimmers in danger of drowning, the monitoring of activities at a swimming pool to prevent accidents, the teaching of water safety, and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas,
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A traditional swimming pool means a water tight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances and equipment used in connection therewith. A water amusement park means a facility that not only encompasses the features of a traditional swimming pool, but also includes such additional attractions as wave pools, lazy rivers, activities areas and elevated water sides.
Properly certified 15-year-olds may be employed as lifeguards at water amusement park wave pools, lazy rivers, and activities areas, but not at the top of elevated water slides. Generally, all youth under 16 years of age are prohibited from operating or tending power-driven equipment and may not assist the public as they enter, “ride,” and leave water-park or amusement-park-type rides. Thus, minors under 16, even if properly certified as lifeguards, may not be employed as dispatchers, attendants, or slide monitors at the top of elevated water slides. Fifteenyear-olds who are properly certified may be employed as lifeguards stationed at the splashdown pools located at the bottom of elevated water slides.
Youth under 16 years of age may not be employed as lifeguards at natural environment facilities such as rivers,
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streams, lakes, ponds, quarries, reservoirs, wharfs, piers, or ocean-side beaches.
Hours Limitations The employment of 14- and 15-year-olds, including those 15-year-olds employed as lifeguards, is generally limited to: j Outside of school hours; j 3 hours on a school day, including Fridays; j 8 hours on a nonschool day; j 18 hours in a week that school is in session; j 40 hours in a week that school is not in session. Also, such youth may not work before 7 a.m. or after 7 p.m. (except from June 1 through Labor Day when the evening limit is extended to 9 p.m.).
Occupations Limitations Fourteen- and 15-year-olds, including properly certified 15year-olds who are employed as lifeguards, may not be employed in the following occupations that are often found at establishments that have traditional swimming pools: j Work involving the operation or tending of any powerdriven machinery and hoists (except office machinery). This prohibition includes work involving most amusement park and recreation establishment rides – including dispatchers on elevated water slides – and power-driven lawn mowers and trimmers.
SOUTH DAKOTA MUNICIPALITIES
j
j j j j
All baking and most cooking. These minors may perform cooking with electric and gas grilles that does not involve cooking with open flames. They may also cook with deep fryers that are equipped with and utilize devices that automatically lower and raise the fryer baskets into and out of the hot oil or grease. They may not operate NEICO broilers, pressure cookers, ovens or rotisseries. The cleaning of cooking equipment and the filtering, transporting, and disposing of hot oil and grease when the surfaces or hot oil or grease exceed 100° F. All work in construction, including demolition and repair. All work involving the use of ladders or scaffolding, except properly certified 15-year-old lifeguards may use a ladder to access and descend from the lifeguard chair. All work in freezers, but they may enter freezers equipped with safety latches, for brief periods of time, to retrieve items.
13 years of age and younger Youth under 14 years of age are generally not allowed to work in nonagricultural occupations. However, the FLSA does allow a parent who is the sole-owner of a business to employ his or her child in any occupations other than mining, manufacturing or those declared to be hazardous by the Secretary of Labor.
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Where to Obtain Additional Information For more information on the FLSA child labor provisions, including a complete list of all hazardous occupation orders, visit the YouthRules! Web site at www.youthrules.dol.gov.
For additional information on the Fair Labor Standards Act, visit the Wage and Hour Division Web site: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
When state child labor laws differ from the federal provisions, an employer must comply with the higher standard. Links to your state labor department can be found at http://www.dol.gov/whd/contacts/state_of.htm.
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
Reprinted from http://www.dol.gov/whd/regs/compliance/ whdfs60.pdf.
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NLC Announces Federal Priorities
Cities Call for More Federal Partnership to Drive Innovation and Opportunity
The National League of Cities called on Congress and the Administration to prioritize investments in cities and their residents that encourage and take advantage of the innovation happening on the local level to drive economic growth. NLC’s federal action agenda reflects the need for a new federal-local partnership to facilitate investment in our infrastructure and workforce.
Cities have shown true leadership by continuing to fund projects and keep priorities moving despite the political turmoil in Washington. We work with our civic partners – notably businesses, nonprofits and schools – to drive local growth agendas that create jobs and lift up all sectors and people of our cities.
The agenda emphasizes the connected nature of federal action and local economic efforts and helps cities drive forward an agenda that will empower people and businesses to make investments and see innovation explode in cities.
“Advancing this agenda will push economic opportunity into all corners of our cities,” said NLC President Chris Coleman, Mayor of Saint Paul, Minn. “These federal actions will provide economic stability to residents of cities across the nation and provide a foundation for a generation of growth.”
With input from NLC’s membership, NLC’s leadership selected this federal agenda to guide NLC’s advocacy efforts on Capitol Hill and with the Administration.
NLC opposes any attempt to eliminate or limit the traditional tax exemption for municipal bonds, whether as a part of a deficit reduction plan, a push for comprehensive
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tax reform or as an offset for new spending. As the Administration and Congress look for revenue to reduce the deficit and still fund programs, the federal income tax exemption provided to interest paid on state and municipal bonds (debt) is under threat. In addition to increasing taxes, the federal government can raise revenue by expanding what is subject to being taxed (broadening the base); as an alternative to raising taxes, interest paid on bonds issued by local governments currently not taxed could lose their exemption from taxation. Cities’ Top Federal Action Priorities in 2014
Support Marketplace Fairness NLC calls on Congress to pass the Marketplace Fairness Act to place brick-and-mortar community businesses on a level playing field with online retailers and afford consumers more choice through fair competition. Allowing local governments the flexibility to collect the taxes already owed to them on remote online purchases removes an unfair disadvantage for local businesses, while helping cities close budget gaps. Collecting owed sales taxes means more money for basic services, such as roads and police officers, without increasing the overall federal deficit.
Invest in Local Transportation Priorities NLC urges Congress to authorize a new, long-term federal surface transportation program that recognizes the central role of transportation to metropolitan and regional economies and includes local voices in planning and project selection. With a strong federal partnership, cities can continue transportation and infrastructure investments that ensure everyone in our communities has access to education, training and employment. The program must provide cities a greater role in decision-making for transportation projects to meet community goals and recognize the role of metropolitan economies to the nation’s economic wellbeing and competitiveness. The overall
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transportation system must be made more efficient, including upgrades to older systems and the addition of new modes like light rail and bus rapid transit.
Protect Municipal Bonds NLC opposes any attempt to eliminate or limit the traditional tax exemption for municipal bonds, whether as a part of a deficit reduction plan, a push for comprehensive tax reform or as an offset for new spending. As the Administration and Congress look for revenue to reduce the deficit and still fund programs, the federal income tax exemption provided to interest paid on state and municipal bonds (debt) is under threat. In addition to increasing taxes, the federal government can raise revenue by expanding what is subject to being taxed (broadening the base); as an alternative to raising taxes, interest paid on bonds issued by local governments currently not taxed could lose their exemption from taxation.
Fix the Nation’s Broken Immigration System NLC calls on Congress and the Administration to pass a comprehensive immigration reform bill that will fix the nation’s broken immigration system that hurts families, communities and our economy. For far too long, our immigration system has torn apart families, allowed cultural misunderstandings to threaten our communities and held back economic growth by keeping a substantial population from being able to fully participate. Cities need a plan for comprehensive immigration reform that includes a path to citizenship, strong border enforcement and support for cities and towns to integrate immigrants into their communities and allow them to make both cultural and economic contributions to the nation.
needs Congress to reauthorize the Elementary and Secondary Education Act (ESEA), which includes important education programs such as Title I, so that states and localities will have the tools they need to improve their local education systems. A strong federal-local partnership will acknowledge that the best education decisions are made at the local level, and will leverage the expertise of the federal government.
Support Community Resilience As extreme weather events become more common, local governments in all geographic and climatic regions are looking for resources to assist them in anticipating, preparing for and adapting to these events. NLC urges Congress and the Administration to help local governments conduct vulnerability assessments, and develop and implement adaptation and resilience action plans. This includes passing the STRONG Act (Strengthening the Resiliency of our Nation on the Ground). Cities need stronger federal support to leverage resources most effectively, learn from and act on the latest information available on climate change and find ways to partner with regional and state agencies that encourage smart planning. For more information on each of the federal priorities, please see http://www.nlc.org/influence-federal-policy/advocacy/ federal-advocacy-priorities.
Strengthen the Nation’s Education Pipeline NLC seeks to partner with the Department of Education to strengthen the education pipeline from early childhood opportunities through improved postsecondary success. That means increasing the visibility, understanding and appreciation of the role that cities can play in leading educational change by advancing strong early childhood opportunities, citywide high-quality afterschool programs and strategies to improve postsecondary success rates. NLC
MARCH 2014
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Eight-Year Age Gap between Candidates Found Too Small to Meet Threshold for Age Discrimination Claim
By Jerry L. Pigsley, Harding & Shultz, P.C., L.L.O.
Have you committed an age discrimination claim when you hire a younger worker? A federal court in Minnesota recently addressed this issue. Hilde v. City of Eveleth, Case No. Civ. No. 12-2794 (D. Minn. December 4, 2013). Leroy Hilde sued the City of Eveleth, Minnesota alleging he was passed over for the police chief position due to his age in violation of federal and state age discrimination laws. Hilde worked for the City as a police officer for 29 years, serving as the second highest ranking officer since 1998. In January 2012, the City’s police chief announced his intention to retire effective April 30. Hilde was among five applicants for the police chief opening and was not selected.
The Police Commission selected Tim Koivunen, a detective from another Minnesota police department. At the time of the Commission’s decision, Koivunen was 43 and Hilde was 51. Hilde pointed out that the sole fact that
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Koivunen was younger than him proved age was a factor in the employer’s decision. However, the court wrote:
[H]iring a younger worker may well suggest, in appropriate circumstances, that age was a factor in the employer’s decision. But context is everything, and in the Court’s view, often it will not suffice for a plaintiff simply to point to the chosen candidate and exclaim, “He’s younger!”
The court found the “cases require evidence showing that the selected candidate was substantially or significantly younger.” Indeed, the Eighth Circuit (controlling in South Dakota), has held an eight-year age gap is too small to meet the “substantially younger” threshold. See Chambers v. Travelers Co., 668 F.3d 559, 566 (8th Cir. 2012).
The court went on to find that assuming Hilde had established a prima facie case of age discrimination, it still would have rejected his claims because he failed to offer
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sufficient evidence to create a jury question as to the City’s reason for its decision to hire the younger Koivunen.
This case demonstrates for municipalities that a rejected candidate may have a triable discrimination claim even if the selected candidate is also within the statutorily protected age group of those age 40 or older. But in order to raise a reasonable inference that age was a factor, a rejected candidate must show that the successful candidate was “substantially younger.” An eight-year difference according to this court and the Eighth Circuit is insufficient to raise an inference of age bias.
Editor’s Note: This article is not intended to provide legal advice to our readers. Rather, this article is intended to alert our readers to new and developing issues and to provide some common sense answers to complex legal questions. Readers are urged to consult their own legal counsel or the author of this article if the reader wishes to obtain a specific legal opinion regarding how these legal standards may apply to their particular circumstances. The author of this article, Jerry L. Pigsley, can be contacted at 402-434-3000, or at Harding & Shultz, P.C., L.L.O., P.O. Box 82028, Lincoln, NE 68501-2028, jpigsley@hslegalfirm.com.
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Nominate Deserving Operations Specialists from your Water or Wastewater System The South Dakota Water & Wastewater Association (SDWWA) annually presents awards in various categories to deserving operations specialists in South Dakota. All nominations must be made by July 15.
Awards are presented at the SDWWA Annual Conference which is being held September 17-19, 2014 at the Watertown Ramkota and Watertown Event Center.
A person does not have to be in attendance to receive an award. A nominating form and more info can be found at the SDWWA website, www.sdwwa.org.
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Accessible Play Area Surfaces: A Brief Overview of Practical Application of the ADA
With the publication of the revisions to the Americans with Disabilities Act’s (ADA) title II regulation on September 15, 2012, the 2010 ADA Standards for Accessible Design were adopted. Those became fully enforceable standards for implementation of the ADA on March 15, 2012. Included in those standards, for the first time, are scoping and technical provisions for recreation facilities. Probably the most common of those facilities and the one most available to the public on a daily basis are playgrounds in public parks. The standards require some ground level and some elevated play components at play areas to be located on accessible routes with accessible floor/ground space and turning space. While there is significant complexity to the technical provisions overall, the requirement that has been most problematic is the requirement for compliant surface materials in those limited areas of playgrounds required to have characteristics that provide both safety (i.e., fall attenuation) and accessibility (i.e., stable and firm surface allowing the use of mobility devices such as wheelchairs, walkers, and canes).
The standards require compliance with ASTM (American Society for Testing and Materials) measurement protocols, incorporated by reference, for surface safety and accessibility. These protocols define the measurement of shock absorbing characteristics of safe surfaces and work force characteristics of accessible surfaces. Various materials have been tested for these characteristics in an effort to identify those that are safe, those that are accessible, and those that are both safe and accessible. While materials have been measured in the laboratory to determine whether they have either or both characteristics, having both characteristics does not confer the label “ADA Approved.” No entity is legally authorized to apply that
label. Nevertheless, many manufacturers continue to label their surface materials that have laboratory measurement characteristics consistent with ADA safety and accessibility requirements as, “ADA Approved.”
Considerable research has been completed by the U.S. Access Board, the National Center on Accessibility (NCA), and the U.S. Forest Service to identify materials that can consistently provide accessible properties in outdoor environments. In some cases the use of given materials is for aesthetic purposes – such as trails – but in many cases the materials must also conform to fall protection properties needed on playgrounds. NCA has recently delivered a final report on its longitudinal study conducted at a number of playgrounds in the Midwest over a five-year period. Meeting the Challenge has conducted functional surveys of hundreds of play areas in Colorado and Wyoming to determine whether observed surfaces had characteristics that would provide sufficient firmness and stability to allow access to individuals using mobility devices. The intent of this document is to synthesize the technical requirements, the scientific research, and the practical experience to give informed guidance to entities having responsibility for providing accessible playgrounds.
This abstract was written by Geoff Ames and is sponsored by the Brookings Committee for People who have Disabilities. To review the entire article, please go to: www.cityofbrookings.org/DocumentCenter/View/1902.
Geoff Ames is the Senior ADA Implementation Consultant for Meeting the Challenge, Inc. Colorado Springs, CO. Reprinted with permission from Geoff Ames.
SOUTH DAKOTA BASIC CODE Affordable Codification for Small and Mid-Sized South Dakota Municipalities A comprehensive model code of ordinances for municipalities featuring: x Subject matter encountered by municipalities x Annual state law updates x
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A comprehensive index and a title devoted to your unique local ordinances Published by American Legal and the South Dakota Municipal League For more information call or e-mail deRicci Getty at 1-800-445-5588 or dgetty@amlegal.com SOUTH DAKOTA MUNICIPALITIES
Making Room for Risk – and Reward – at City Hall
By David M. Sander
Without risk, there is no reward.
We all know this to be true, but how does it work for local governments? Is there room for risk at city hall?
We live in a society that is increasingly risk averse. Our politics have followed this trend, and many politicians have found success in selling the public on the idea that government can remove much risk from our daily lives with more laws, regulations and programs.
This public demand for risk reduction is intensified by the media, who often report on government mistakes and make them front page news. This in turn causes government employees to go to a great deal of effort to eliminate risks from their work so that they will not be blamed if something does not go as planned. That’s also the natural bureaucratic tendency – avoid any risk to stay out of “trouble.” And of course we as elected officials decry any mistake made by public agencies as something we need to fix and make sure never happens again.
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Taking these trends together – has risk taking become impossible in local government? If so, at what cost has that change occurred? Without some risk-taking there is no innovation, and as a result less opportunity for improved city services and growth. Clearly, this is no way to operate any organization, least of all one as important as local government. This is particularly true in our age of having to do more with less. This period of relative austerity in local government is not likely to change in the foreseeable future, and innovation is essential in achieving success in this environment.
We must be willing and able to take some risks if local governments are to be effective partners with their citizens in building better communities. So what can be done to mitigate the many pressures on city staff and city councils that contribute to their aversion to taking even reasonable risks? Here’s an approach I took on this issue in my community – and it just might bear some fruit in yours. I call it the “Innovation Vaccine.” Every year, our city’s mayor gives a number of talks, including a January address to community
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leaders profiling the year ahead, and later on a State of the City address. As mayor last year I titled my January address, “12 Great Things for Rancho Cordova in 2012.” Number ten on the list read: “During 2012, We Will Screw Something Up.” That’s all the slide said. I read it and then silently waited for the response. Many in the room thought it was a joke. Others just looked confused.
That is when I made my case – the only way for a local government not to make a mistake is for us to do nothing, and try anything new. Any real effort at innovation or improvement will engender the risk of failure or malfunction. If local governments are expected to never make mistakes, then it is essentially guaranteed they will never innovate, never reinvent themselves and never try anything novel.
At the end of my talk, this was the point that had most of the room talking. And I continued to hear about it during the year from community leaders. Comments like, “Hey Mayor, have you pushed the envelope enough yet to screw something up?”
Willingness to accept risk and to understand that everything may not go perfectly can be very powerful. This willingness is basically a vaccine against something going awry at city hall in the process of innovation or service improvement.
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Of course, the risks we choose to take on at city hall need to be managed – not all risk is good. Issues and innovations should be carefully studied and discussed by city leadership. And local governments should be ready to adapt rapidly as any change or innovation is developed and applied. There will likely be bumps in the road. Acknowledge them, adapt and move on. This is the best way to manage local risktaking and innovation, and this process points the way to better functioning local government, one that is able to meet more of the needs and concerns of its citizens.
Small actions like these won’t fix the risk-avoidance problem we face as a society, but it just might give some cities enough wiggle room to really innovate and take enough risks to find a better way of doing something. And that would benefit all of us. David M. Sander, Ph.D., is a guest author and a Diamond Level award recipient through NLC University. Dr. Sander was first elected to the city council in Rancho Cordova, California when the city incorporated in 2003. He served as mayor in 2007 and 2012. He is past chair of the First Tier Suburbs Council at the National League of Cities and lectures regularly on the issues surrounding older suburban communities. Reprinted from National League of Cities, www.nlc.org.
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Manifested Psychological Problems Not Enough to Stick ADA Claim to City
By Jerry L. Pigsley and Kelly M. Ekeler, Harding & Shultz, P.C., L.L.O.
In a case involving a series of psychological evaluations, discharge proceedings, and lawsuits, a court of appeals upheld the termination of a Chicago police officer. See Brumfield v. City of Chicago, Nos. 11-2265 and 11-3836 (7th Cir. Nov. 6, 2013). Linda Brumfield was a Chicago police officer from 1999 until she was fired in 2010. According to Brumfield, in 2006 she began to experience psychological problems, and the City began to require periodic psychological evaluations to determine if she was fit to continue to perform her job.
In 2008, Brumfield sued the City alleging that the City was discriminating against her based upon her race, sex, and sexual orientation by subjecting her to the psychological evaluations. While the 2008 lawsuit was pending, the City initiated discharge proceedings against Brumfield relating to an incident in which Brumfield shoved a towing company employee during a dispute over towing truck fees. The Police Board did not discharge Brumfield but suspended her without pay for 180 days.
While the 2008 lawsuit was still pending, the City again initiated discharge proceedings against Brumfield relating to an incident where Brumfield told her captain that she was going to be injured on duty and then fell to the ground, feigning injury. This time the Police Board upheld the City’s decision to terminate Brumfield. Following her termination, Brumfield filed two more lawsuits against the City, alleging, in part, that the City violated the Americans with Disabilities Act (“ADA”) when it suspended her and later terminated her employment.
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The three lawsuits against the City were eventually concluded in the City’s favor. Brumfield appealed the lower courts’ decisions, and the Seventh Circuit Court of Appeals consolidated the appeals. The Court of Appeals affirmed the lower courts’ decisions and made two significant holdings of law.
First, the Court considered Brumfield’s argument that her conduct during the feigned-injury incident was merely a manifestation of her psychological problems and that she was therefore discharged because of her disability. The Court rejected Brumfield’s argument and explained that an employer may fire an employee for engaging in unacceptable workplace behavior without violating the ADA even if the behavior is precipitated by a mental illness. The ADA does not require an employer to accommodate disabilities that have no bearing on an employee’s ability to perform the essential functions of her job. Brumfield did not allege that her psychological problems prevented her from performing the essential functions of her job. Quite the opposite, Brumfield’s psychological evaluations determined she was fit for duty as a police officer. Second, the Court held that Title II of the ADA does not cover disability-based employment discrimination. Title I of the ADA specifically prohibits employment discrimination because of disability, while Title II prohibits the exclusion from the benefits, services, programs or activities because of disability. But, because Brumfield was procedurally estopped from bringing her claims under Title I of the ADA, she sought to revive her claims under Title II of the ADA. In rejecting Brumfield’s claims under Title II, the Court reasoned that getting and keeping a job were not
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“the receipt of services,” nor was employment a “program or activity provided by a public entity” covered under Title II of the ADA.
The Court’s holding that Title II of the ADA does not cover claims for discrimination in employment aligned with the majority of circuit courts. However, the Eighth Circuit Court of Appeals, the court of jurisdiction for South Dakota, has not yet decided the issue. Thus, it is uncertain whether a municipality in South Dakota may be liable for discrimination in employment under Title II of the ADA.
The Brumfield case reminds us that although municipalities must make reasonable accommodations for a qualified employee with a disability, municipalities are not required to accommodate a disability that does not impact the employee’s ability to do her job. Mere “bad behavior” is not excused under the ADA. Nevertheless, an employee may be able to connect bad behavior to a disability that impacts the employee’s ability to perform the essential functions of the employee’s job, and municipalities must be diligent in distinguishing the two different scenarios. Even if a South Dakota court follows the majority of circuit courts and holds that Title II of the ADA does not cover discrimination in employment, municipalities must be ready to handle an employment discrimination claim brought under Title I of the ADA.
Editor’s Note: This article is not intended to provide legal advice to our readers. Rather, this article is intended to alert our readers to new and developing issues and to provide some common sense answers to complex legal questions. Readers are urged to consult their own legal counsel or the author of this article if the reader wishes to obtain a specific legal opinion regarding how these legal standards may apply to their particular circumstances. The authors of this article, Jerry L. Pigsley and Kelly M. Ekeler, can be contacted at 402-434-3000, or at Harding & Shultz, P.C., L.L.O., P.O. Box 82028, Lincoln, NE 68501-2028, jpigsley@hslegalfirm.com or kekeler@hslegalfirm.com.
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By Martha Perego
Advocating for Your Personal Cause
A national organization notified a city of its plans to open a branch in one of the city’s booming commercial districts. The nature of the business as well as the location required a special permit. Due to a unique provision in the city charter, the city manager was the only official who was authorized to grant or deny the special permit. Sounds like just another routine administrative task for the manager, right?
Except that the national organization was Planned Parenthood. Given the organization’s mission, public engagement on this issue would be anything but routine. Whatever the manager’s decision, the connection of the issue to Planned Parenthood would bring out vocal supporters as well as detractors.
To further complicate matters, the manager privately supports Planned Parenthood’s work. She has been a consistent albeit modest financial donor to the organization. But she has never publicly stated her support for the organization or worked in any official volunteer capacity.
Managing Ethics and “Optics” The manager is absolutely confident that her personal support of the applicant will not impair her professional judgment in reaching an objective decision based on the merits of the case. That said, the manager is concerned about these ethics and perceptions of the situation: j
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Does the manager have an ethical obligation to disclose her personal support of the organization? If she does so before making her decision, is she acknowledging that her capacity to make an objective decision is flawed—that her professional decision will be influenced by her personal position? How will the council and/or the public view her decision if it is later disclosed that she personally supported Planned Parenthood?
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How will she respond now or later if asked for her personal opinion on the merits of Planned Parenthood’s mission? Does she have a right to keep her personal views and activities private? Is it ethical to decline to answer such an inquiry? Was the city manager wrong to provide personal support for an organization whose mission is so politically divisive? Does privately supporting a cause undermine the public’s confidence in the manager and the office? What advice does the ICMA Code of Ethics offer on personal advocacy?
All are difficult questions to resolve.
The Debate For decades, the Code of Ethics has acknowledged a professional’s right to voice his or her opinion on public issues. As to the specifics, the guidance was limited to the topics of how to assist the governing body in the presentation of issues or what to do when asked for help to promote the council-manager form of government.
The code did not address members’ rights and responsibilities if they wanted to advocate on behalf of an issue of personal concern in their private life and outside the scope of their official position.
The profession’s dialogue this year on the relevancy of Tenet 7 ignited the debate about whether it’s really ok for a professional working in local government to advocate on behalf of issues of personal concern. Tenet 7 of the code advises members to refrain from all political activities that undermine public confidence in professional administrators. In this era of polarized politics, what can be more “political” than publicly announcing your stance on gun control, abortion, immigration, marriage equality, or any number of other contentious public issues. Make a
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donation to an organization that advocates for an issue or find yourself on the opposite side of the issue with your elected officials or the community, and the political heat just escalates.
Members even debated the perils of simply being a member of an organization that publicly advocates a position. How do you maintain your status as a “politically neutral” professional in a culture where you quickly get assigned to a political box based on just one or a few associations?
But the majority of members also recognized the need for balance and judgment. People drawn to public service have a heightened awareness and commitment to social issues. They understand the connection between policies and programs and their impact on the people in the communities they serve. Given that, how do you ask deeply committed and informed public professionals to just stand down?
New Guidance on Issue Advocacy Based on the dialogue, the ICMA Committee on Professional Conduct recommended adding a guideline to address issue advocacy that takes place outside the day job. The final version of the guideline, approved by the ICMA Executive Board in September 2013, states:
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“Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.”
In drafting this guideline, committee members had three goals. First, they wanted to make it clear that members are free to express their opinion on public issues. Second, they wanted to reinforce the concept of balance and restraint required of all those who serve the public. Third, they recognize that you, the professional on the ground, must assume responsibility to assess whether your advocacy on a public issue undermines your effectiveness in the community you chose to serve. Martha Perego (mperego@icma.org) is the Ethics Director for the ICMA in Washington, D.C.
Reprinted with permission from the November 2013 issue of Public Management (PM) magazine published and copyrighted by ICMA (International County/City Management Association), Washington, D.C.
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By Phyllis Jordan
E-Rate Program Helps Local Libraries Succeed in the Digital Age
What if there was a space where every person could access the Internet, where unemployed workers could apply online for jobs or health care and where students without computers at home could download their assignments and do research? Well, nearly every city has one, and it’s called a library.
Today, an estimated 77 million Americans use library computers or digital services each year, and nearly all libraries provide Internet access. The library is the nation’s number one source for public Internet access, especially for those households that do not have a computer with access at home.
In 1997, recognizing the importance of internet connectivity to lifelong learning, the Federal Communications Commission (FCC) launched the E-rate program to provide schools and libraries with affordable telecommunications services, broadband Internet access and internal network connections.
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Currently, over $2.2 billion in annual federal assistance is provided to schools and libraries through this program. And while this amount has grown modestly since E-rate’s inception, it has not kept pace with the explosion of digital content and services that exist only on the Internet.
Connecting libraries to the Internet is of such importance that in some instances, local governments are taking matters into their own hands. King County, Washington, through their INet program, provides Internet services to governmental institutions including cities, libraries and schools.
Recognizing the importance of Internet access, the Urban Libraries Council (ULC) and other groups are urging the federal government to expand and reform the way the ERate program delivers financial support for digital connectivity. NLC recently launched a strategic partnership with the ULC and hosted joint sessions at NLC’s 2013 Summit on Your City’s Families in Seattle in November. “It’s important to remember that an estimated 100 million Americans still have no broadband access, particularly lowincome residents,” said Susan Benton, president and CEO
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of ULC, a membership organization made up of America’s premier public library systems and the organizations that serve them. Broadband access is integral for a community’s development, and is a focus area of NLC’s infrastructure research program because of the strong impact it has on the way governments deliver services. It can also increase opportunities for economic growth, whether it be through improving the small business or entrepreneurial environment or expanding education via enhanced school and library resources.
Because technology tools such as computers and Internet subscriptions can be cost prohibitive for some households and schools, libraries are many times the only places jobseekers and students can get online. “For them, the library is a lifeline. Internet access is crucial for working poor populations, who need computers and Wi-Fi to apply for jobs, complete GEDs and take online classes. And let’s not forget students. Many libraries report their busiest hours are between 3 and 6 p.m. on weekdays,” stated Benton.
The FCC is seeking comments for rule changes and library and school advocates are urging the federal agency to expand the pool of money available for both of these institutions. These advocates, which include many local
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governments, are recommending reforms that would simplify the application process, provide cost savings and acknowledge the shifting digital landscape. These funds are for library and public school institutions, not local governments directly. However, it is crucial for local elected officials to be aware of what federal resources their local government institutions are using, and what opportunities and challenges exist around these resources.
“E-rate has been so essential to helping libraries and schools expand what we can offer. An educated workforce and strong local economy depends on a strong infrastructure,” said Benton. “Internet access has become a core component of our mission to lead learning in our communities.”
To learn more, visit ULC’s website or contact Angela Goodrich. For more information on NLC’s work on what cities are doing to expand broadband access, please visit NLC’s Technology and Communications page. Phyllis Jordan consults for the Urban Libraries Council on communications and media outreach and is VicePresident of the Hatcher Group. Reprinted from National League of Cities, www.nlc.org.
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Marijuana at City Hall
By William Kirchhoff and Stephen Zimney
The legalization of marijuana has stirred hot debate on both sides of the issue. According to ProCon.org, some 20 states and the District of Columbia have currently made medical marijuana legal, and there is every indication that more will follow. Until just recently, local governments could adopt a position on its use at the workplace that held—as long as the federal government considered marijuana illegal—they need not spend time or energy trying to proactively deal with the issue. There was little to do except to maintain a zero-tolerance stand.
The game, however, has now changed. No longer will public managers be able to use previously existing case law to delay or deflect facing the medical marijuana issues head-on.
With Attorney General Eric Holder’s August 2013 announcement that the federal government will no longer prosecute or incarcerate users, we coauthors submit this prediction: In those states where the use of medical marijuana is legal, managers and all government officials will be confronted with the pressing reality that employees will want, and in many cases demand, that they be allowed
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to treat certain medical conditions with medical marijuana, both on and off the job. It’s also likely that other states will follow, given current societal trends.
The purpose of this article is twofold. First, it will hopefully generate additional study and debate, since across-theboard conclusions are hard to draw. Be it the differences in political and cultural realities or the array of actions taken by localities in a given state against which others will be compared, we suspect that each administration will face the need to customize its thinking regarding marijuana adaptation protocols.
The second purpose is to provide local government managers with the framework that will allow them to begin dealing with this complex issue. In no way does this article advocate for or against the use of medical marijuana. That discussion is left to physicians and scientists.
But the article does postulate that managers will have to wrestle with the practicalities, friction points, and dilemmas associated with the use of medical marijuana in the workplace. It also offers suggestions on how to practically and strategically address medical marijuana at city hall.
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Profound Culture Swing According to a 2013 Brookings Institute study, The New Politics of Marijuana Legalization: Why Public Opinion Is Changing, public opinion has shifted dramatically toward support for the legalization of marijuana in less than a decade. Polls consistently show that substantially more than 50 percent of Americans support legalized medical marijuana. The ascendancy of the public’s acceptance of it is nothing short of astonishing.
This year Colorado and Washington became the first states to legalize the recreational use of marijuana from among the 20-plus states that had already legalized marijuana for medical use when this copy was written. It is also noteworthy that the adoption of the resolution, “In Support of States Setting Their Own Marijuana Policies Without Federal Interference,” by the U.S. Conference of Mayors this year advises the federal government to back off and leave it up to the states and local governments as to how to regulate and manage marijuana.
A Proactive Approach The speed of this emergent trend clearly warns us that, beyond the need to institute well-thought-out policies and practices to achieve effective management and accountability, pressure will also mount on city hall to develop new standards with a new mindset and a different business model—one that is much more adaptable to this 21st century sea change in workplace dynamics.
Tiptoeing away from medical marijuana at city hall is a mistake. Resisting on the basis of knee-jerk opinion will surely backfire. Smart managers will proactively address this change by seeking input and new ideas from employees,
Get Informed
These resources can help public administrators learn more about the use of marijuana for medical purposes: j
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Marijuana Myth Facts: A Review of the Scientific Evidence by Lynn Zimmer, Ph.D., and John Morgan, M.D. Smoke Signals: A Social History – Medical, Recreational, and Scientific by Martin Lee. The Pot Book – A Complete Guide to Cannibis and Its Role in Medicine, Politics, Science, and Culture, edited by Julie Holland, M.D. CNN 2013 documentary “Weed,” Dr. Sanjay Gupta reports on the attitudinal recalibration taking place among a growing number of medical professionals (www.youtube.com/watch?v=tShnVEmdS2o).
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lawyers, physicians, insurance industry members, and others (see Get Informed box).
Failure to get ahead of the problem will result in unnecessary legal, operational, and morale costs for public entities and the taxpayers they serve. It appears that only a handful of forward-leaning city managers, such as Steve Pinkerton, Davis, California, and Betsy Fretwell, Las Vegas, Nevada, are using task forces and focus groups to address the long-term ramifications of medical marijuana in the public workplace. To put it simply, what do we do now that we know employees have a right to use legally prescribed medical marijuana?
Choices With Consequences What seems to be a practical and appropriate first step is to think through all of the obvious day-to-day impacts that legalized medical marijuana might bring with it, including insurance and risk management issues, different testing protocols, training requirements, and other challenges.
But our research and work with focus groups tells us that there is a spider web cause-and-effect element to this, which can exponentially increase the frequency and consequences of decision making. Consider one example.
Bloomberg Businessweek has reported that K-9 experts in Colorado and Washington worry that a dog trained to sniff out drugs cannot differentiate between marijuana and such other drugs as methamphetamine. And it is difficult and costly to retrain them otherwise. That means, according to the government lawyers, patrolling with K-9s currently used to sniff out drugs runs the risk of civil rights violations and lawsuits. So how do the local government manager, police chief, and K-9 supervisor handle this?
Do you simply retire and replace the animals like obsolete equipment at great cost to the operations of the police department, including the emotional reaction from the K-9 officers who view their animals as their partners? How the handlers react and what their labor organization does will require some deep thinking and controversial decision making.
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Proactive Decision Making
For managers who want to take a proactive approach, a decision-making tool—the “Medical Marijuana Decision Matrix” (see Figure 1)—will help them sort out the requirements for necessary change as well as identify accompanying dilemmas. The matrix requires that the centerpiece—the 3-by-3 grid—be filled out, with all of the organization’s job positions distributed across the nine boxes based on the job performance conditions and the performance impairment impact that accordingly attends each job position.
Some position impairment categorizations are clear and simple, with others falling in the grey area. The propriety and common sense, for example, of restricting first responders and dispatchers from using medical marijuana is much clearer than when considering plan reviewers and librarian positions.
Our research and management experience points to the three large categories of employees into which all local job titles (see left side of figure) can be slotted. They are public safety employees, non-safety employees, and direct public contact employees.
Across the top of the grid are the three policy categories that can be applied to each job position. For each, the city can declare medical marijuana as clearly allowable, conditionally allowable, and clearly not allowable.
What makes this task particularly daunting are the interconnecting and often conflicting pressures that can and will emerge within and between four impacting realities that, in our chart, surround the central grid.
And, do we create one new policy that is incompatible with other policies that are trying to meet a different set of pressures in our organization’s reality?
What do you do with police resources that were dedicated to the arrest and prosecution of medical marijuana users? Is it best to transfer the positions to other duties or eliminate positions to achieve cost savings?
Will there be a second-chance policy and if so, will it be the same for all employees, including senior management staff? Will certain positions and/or work units be subjected to more frequent and invasive drug testing for medical marijuana than others? Do testing policies for marijuana clash with existing policies for such legal pain medications as Vicodin?
How do we make such policies compatible? Will that effort call many more policies into question, as clear inequities between policies begin to emerge?
Collateral fallout that attends our efforts will include unintended dislocations, community backlash resulting in elected official conflicts that politicize policy-making efforts. How does the fire chief, for example, deal with the potential need to reassign first responders to nonfield duty when current budgeting has eliminated the needed number of slots that are required to handle the new reality?
Organizational/culture clashes will be the most significant and problematic area of the four. In our study,
Figure 1. Medical Marijuana Decision Matrix.
Organization integration requires that we anticipate and eliminate, to the extent possible, the lack of synergy between the legal implications, human resource policy and practices, and operational protocols. How, for example, are the differing perspectives and beliefs between legal, human resources, and department directors dealt with? Who decides that an employee is impaired or otherwise—a medical, human resource, or legal specialist?
Policy dilemmas will emerge from the introduction of new policy around medical marijuana use and management. Are we calling into question, for example, existing policy that no longer is compatible with our new stand? 42
SOUTH DAKOTA MUNICIPALITIES
we have heard widely dispersed reactions ranging all the way from “It’s about time this happened” to “This spells the beginning of the end of our society’s strength and sense of responsibility and accountability.”
This range of opinion and bias will exist in the workforce, too. What employees sign-on to in terms of formal policy versus how they actually behave in the workplace will test the best of human resource professionals.
The tension between those who believe that employees have an ethical imperative as well as the legal right to treat a legitimate medical problem with marijuana, and those who oppose such a viewpoint for any one of the many valid concerns associated with the use of legal medical marijuana, is certain to complicate matters.
How are police department attitudes and practices successfully changed to accept that the use of medical marijuana is no longer an act for which one can be prosecuted or incarcerated? How will age differences among the supervisors affect the development of new medical marijuana policies? Is labor to be treated as an equal policy-making partner regarding medical marijuana or should it be business as usual?
These are just a few examples of the complex consequences and dilemmas that will confront managers, many whose career experience and view was heretofore molded for years by the singular principle of zero-tolerance.
Add to this the inevitable core value dilemmas that will emerge from normal labor and management tensions, workforce age differences, moral convictions, laws, professional standards, and science versus speculation that will be included in the problematic mix of influencers, and one can easily see the Rubik’s-cube nature of policy-making efforts.
Mishandled, the financial, emotional, and operational well-being of local governments currently using K-9s for marijuana detection will be stressed if the disposition of the animals is not handled satisfactorily to all interests.
This is just one of many “choices with consequences” that the legalization of marijuana for medical purposes will drop on the manager’s decision-making plate. While these unintended consequences will eventually be sorted out, there is a more complicated and strategic issue: How do we change the organizational culture surrounding medical marijuana?
To expect the organization as a whole to accept new policies that require some managers to suspend or eliminate deeply ingrained feelings, learning experiences, and biases without recognizing that such a change requires careful navigation between the intellectual versus the emotional side of any type of change activity is professionally wrong.
A manager can either adopt a reactive wait-and-see approach or move the organization into a proactive posture. If the wait-and-see reaction is subscribed to, then we submit that the results will be similar to such turtle-like adaptation to social changes we experienced in the past decades regarding sexual harassment, workplace discrimination, and diversity at city hall.
If managers can be open to the new thinking that medical marijuana should be treated no differently than such
Medical Marijuana Policy Question Checklist
Throughout the process of formulating policy, it is helpful to have a set of guidelines to keep policymakers on track. Local governments need to examine the following questions before establishing policies pertaining to medical marijuana management: j j j j
j j j
MARCH 2014
What is the purpose of your medical marijuana management policy? Who will be covered? What behavior will be prohibited? Will employees be required to notify their supervisors of their use of medical marijuana? What will the consequences be if the policy is violated? Will there be a reeducation effort and return-towork provision? How will employee rights and confidentially be protected? Who will be responsible for enforcing the policy for compliance? 43
prescription drugs as Vicodin, Endocet, and Oxycodone, then the toll on the organization can be mitigated.
Agreement with this supposition requires the drafting of policies and the implementation of management procedures that benefit from the multiple viewpoints residing in the communities of healthcare professionals, behavioral researchers, safety experts, and a locality’s own employees and union officials.
In the long run, we will need all of their input to help effectively maintain maximum organizational productivity within the parameters of court decisions, moral concerns, and practical considerations.
Strategic Approach: Establish a Framework Some fundamental questions and conflicts around moral, ethical, and values-based issues will necessarily be raised and accordingly will demand careful debate. We suspect that this exercise will lead to the inevitable conclusion that culture change is the linchpin dynamic that spells the difference between successful versus unsuccessful adaptation to medical marijuana.
Four stages of activity are required for an effective strategic planning effort. The players need to be interdisciplinary to
44
include senior management personnel from all major functional and departmental entities within the organization.
Stage 1. Identify the collective corporate and social values at play within and throughout the organization around the subject of medical marijuana.
1. What is the corporate “world view” around employee relations principles? 2. What are the personal values of key senior management personnel, and how do those views impact organizational orientation around the issue? 3. Where are the disconnects between implicit (often hidden) values and the explicit values imbedded in formal policy statements (that now surface because of this new debate)? 4. Which values are, or potentially will be, in conflict with each other?
Stage 2. Identify the juxtaposed realities within the organization that are/will come in conflict vis-à-vis the introduction of medical marijuana.
1. Safety concerns versus equitable personnel deployment. 2. Legal exposure versus relaxed HR policy formation. 3. Labor relations versus political imperatives.
SOUTH DAKOTA MUNICIPALITIES
4. External PR (image) impacts versus internal adaptation realities.
Stage 3. Convene functional areas separately in groups (adding staff as needed) to formulate an integration template for their area of responsibility in the organization, taking the output of Stages 1 and 2 as the starting-point guidelines for their efforts.
Necessarily, different functional areas and departments will have different priorities and trade-offs. Each group should be encouraged to develop its scenarios without consideration of the rest of the organization, so as to get to the bottom-line implementation paradigm for their functional area. Stage 4. Reconvene the larger organization planning group, with senior representatives of each functional area returning with the output(s) from their group’s individual efforts. The goal in this stage is to complete an organization-wide integration of all plans, ironing out the conflicts and inconsistencies that will undoubtedly surface.
Only with thorough and careful efforts can the unintended consequences of “policies in conflict” be minimized and hopefully avoided once the integration and its policies “go live.”
MARCH 2014
It goes without saying that legalization of medical marijuana places many a quandary at the doorstep of city hall. This article is intended to help managers begin addressing all the complicated policy-making issues that will accompany this sea change in workplace dynamics.
William Kirchhoff is a municipal advisor, Coronado, California, who served as a city manager for 30 years with five communities (billkirchhoff@yahoo.com). Stephen Zimney is president, Zimney Associates, New York, New York (szimney@zimney.com).
Editor’s Note: The authors want to thank the many professionals who reviewed drafts of this article and provided input and ideas. Among them were the general counsel to a large public safety union; retired and active city managers; labor officials; police and fire chiefs; human resource directors; municipal attorneys; plaintiff’s attorneys; physicians; CEOs of development and technology companies; and public employees who shared how easy it is to use medical marijuana in the workplace.
Reprinted with permission from the December 2013 issue of Public Management (PM) magazine published and copyrighted by ICMA (International County/City Management Association), Washington, D.C.
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Risk-Sharing SDPAA Celebrates 27th Successful Year
For the South Dakota Public Assurance Alliance (SDPAA), 2013 ended on a very positive note both financially and the numbers of members. Cash and investments of the SDPAA exceed $29 million at the end of 2013 (unaudited). Total membership for the same period of time stands at 405. With these numbers the SDPAA is one of the largest public entityowned risk sharing pools of its kind in South Dakota.
Although Hagan Benefits, Inc., of Sioux Falls, has provided the marketing services to the SDPAA since its inception in 1987, it wasn’t until the beginning of 2005 when Hagan Benefits was also given the opportunity to perform the administrative services for the liability and property pool. Member equity at the end of 2004 was slightly less than $1.3 million. Today that member equity is at $14.5 million. Cash and investments, during that same period, have grown from about $16 million to the current $29 million.
During the first year of operation of the SDPAA, Hagan Benefits signed up 65 members in the new-founded risk sharing pool. Those numbers have continued to grow and at the end of 2013 the membership stood at 405 members. The membership includes 168 cities; 53 counties; 74 townships; 64 conservation districts; and, 46 special district entities.
Although the program began strictly providing liability coverages for local government entities in South Dakota, in 1995, eight years after its beginning, the SDPAA added property as an additional coverage that could be obtained through the pool. Both the liability and property programs have been very successful. However, by providing extremely broad coverages to its members also means it has had to deal with many claims and some of those individual claims have reached into the millions of dollars. The SDPAA has protected the assets of the membership by purchasing reinsurance for major claims. The Pool has a retention of $500,000 on any liability claim and $250,000 on any property claim. Individual claims larger than the retention are then collected from reinsurance carriers. Claims Associates of Sioux Falls handles all claims on behalf of the SDPAA. 46
With the introduction of property coverage to the pool, the SDPAA also determined there was a need for loss control specialists to assist the membership in their loss control efforts. Safety Benefits, Inc., of Mitchell and Sioux Falls, was retained to provide those services. In addition, Safety Benefits also provides professional services in the area of valuation of individual properties and structures for the membership. All of the services of Safety Benefits are provided at no additional cost to the members.
As the SDPAA entered its 28th year of business, the rates established for 2014 are basically the same as they were when the program started in 1987. Pretty amazing when you consider what has occurred in the rest of our economy during that same period of time. In addition to stable rates, the SDPAA provides various credits to its members at renewal. Those credits include renewal credit, loss control and loss ratio credits and it can include a law enforcement credit if that coverage is carried by your entity.
During 2013 the SDPAA Board of Directors added the position of Executive Director. Serving in that capacity is Judy Payne, email jpayne.sdpaa@sdmunicipalleague.org and phone number is 605-224-8654.
If you have underwriting, administrative or marketing questions, you may contact Hagan Benefits at 877-2731712. Although the Hagan Benefits contracts with the SDPAA are not being extended after December 31, 2014, the personnel at Hagan will continue to provide you the same great service for which you have become accustomed during calendar year 2014. Gary Drewes, Marketing Director South Dakota Public Assurance Alliance
SOUTH DAKOTA MUNICIPALITIES
SDML Directory Changes
Buffalo Gap Delete: T Charles Britton Add: PR Charles Britton T Terry Kizer T Todd Heck Dallas
Delmont Erwin
Irene
Mitchell Mount Vernon New Effington
Delete: T Eric Curtis Add: T Henry Schulte Add:
www.delmontsd.org
Delete: PR Patrick Poppen FO Tracy Poppen CL Pat Bakke T Carl Bakke T Roy Dunlap Add: PR Roy Dunlap FO Mary Dussault T Sherry Bell T Jerry Popkes Delete: M Lloyd Mork
Delete: CM Dan Allen; Phone 996-7716 PWD Tim McGannon Add: CM Dave Tronnes; 996-7450 Delete: M Tim Peterson CM Rusty Wienberg Add: CM David Anderson Delete: T Darlene Miller Add: T Gary Magnuson
New Delete: CM Joe Whitney Underwood Add: CM Larry Graham Pickstown
Piedmont Pierre
Seneca Volin
Delete: T Diane Opbroek BI Waldon Olson Add: T Robert Altenburg BI Dennis Nielsen Add:
Add:
www.piedmontsd.com FC Ian Paul
Delete: PR & CL Kirk Hoefert
Delete: FO Holly Hansen townofvolin@iw.net Add: FO Evelyn Kloucek townofvolin@gmail.com
Email Directory changes to lori@sdmunicipalleague.org. MARCH 2014
47
Washington Report: By Rep. Kristi Noem
Issues that exist in dozens of countries and on nearly every continent become easy to pass off as an inter national pr oblem rather than a local one, so it’s understandable that when most South Dakotans hear the words “human trafficking,” our focus goes across the border. Maybe the movie Taken comes to mind and we think of the daughter of Liam Neeson’s character who is kidnapped while in Paris, drugged and put up for auction by human traffickers.
Sadly, the issue exists right in our backyard. I-90 is known as the “Midwest Pipeline” and is used to transport victims of human trafficking across the country. Traffickers use places like Sioux Falls as a base to gain access to demand from the Twin Cities and North Dakota’s Bakken Oil Field.
We also cannot ignore the crisis occurring on Indian Reservations across the country where Native American women and children are being targeted and exploited by sex traffickers. During a Senate Homeland Security Committee hearing last September, Lisa Brunner of the White Earth Ojibwe Nation in Minnesota called human trafficking involving Native women an “epidemic.”
When Modern Day Slavery Hits Home
To begin to better combat human trafficking, I’ve cosponsored the End Sex Trafficking Act, which would strengthen prosecutors’ ability to go after those who solicit, patronize, or obtain these illegal services.
While Congress works to strengthen and clarify our nation’s human trafficking laws, there are things you can do to help as well. One of the most important things you can do is keep a look out for indicators of human trafficking. Is someone you know not free to come and go as they wish from their home or workplace? Do they owe a large debt that they’re unable to pay off? Are they anxious, depressed, submissive, or tense? These are all signs that should be taken seriously and can be reported through the National Human Trafficking Hotline at 888-373-7888.
As many as 300,000 children are at risk of becoming victims of sex trafficking every year in the United States – some of them are right here in South Dakota. Join me today in finding better ways to combat this disgusting trade: j Look for signs in our communities. j Talk to your friends and family to help build awareness. j Support the local organizations that help heal the victims of this appalling industry.
Now is the time to dismantle human trafficking networks, help survivors rebuild their lives, and bring all those who exploit other human beings to justice.
Here in South Dakota, local law enforcement officials have worked hard to identify sex traffickers and bring them into custody. Just months ago, officials arrested a Wisconsin man in Sioux Falls for luring in two girls, including a minor, and then forcibly selling them as escorts via the Internet.
We have seen a handful of arrests like this over the last few years, but more can and must be done with the support of the public and Congress.
Today’s federal trafficking laws provide protections and resources for victims and equip prosecutors with the tools they need to go after traffickers. The law, however, isn’t as clear when it comes to those who solicit the services of a trafficking victim.
These buyers create demand and drive this criminal business. As President George W. Bush stated, “We cannot put [human traffickers] out of business until and unless we deal with the problem of demand.” 48
SOUTH DAKOTA MUNICIPALITIES
April 5 creARTive Brookings
APRIL Community Events
Evening of Wine & Roses Hot Springs April 5 to April 6 Big Boy Toy Show Aberdeen
April 8 Disney’s Beauty and the Beast Sioux Falls
April 9 Disney’s Beauty and the Beast Sioux Falls
April 10 Wining Women at Strawbale Winery Renner Taste of Home Cooking School Deadwood
ZooCub Class - World’s Longest Sioux Falls
April 11 Travel Channel’s Andrew Zimmern, Bizarre Foods Deadwood
The Big Grape - Wine Tasting Sioux Falls
April 11 to April 12 Aberdeen Bull Riding Classic Aberdeen April 12 Winefest Renaissance 2014 Aberdeen
Spring Fling Home & Garden Show Hot Springs Hairball in Concert Mitchell
ZooCub Class - World’s Longest Sioux Falls
MARCH 2014
6th Annual Missouri Valley Christian Academy Race Yankton
ZooCub Class- Rough and Scratchy Sioux Falls
Earth Day Bluebird Box Workshop Custer
April 24 to April 25 All Dakota High School Fine Arts Exhibition Groton
Lunafest Film Festival Custer
April 12 to April 13 Quilting in the Country Quilt Show Brookings April 15 An Evening with Joe Bonamassa Sioux Falls April 17 to April 19 Yelduz Shrine Circus Aberdeen
April 19 James Valley Model Railroad Open House Aberdeen Party for the Planet Sioux Falls
Memphis: The Musical Sioux Falls
Wessington Springs Annual Easter Egg Hunt Wessington Springs
Eggstravaganza at Main Street Square Rapid City
Shoppers Showcase Sioux Falls
April 23 Red Green - “How to do Everything” Tour Mitchell
ZooCub Class - Seven, Eight, Animal Weight Sioux Falls
April 25 Country Gold Tour in concert Deadwood
April 25 to April 26 Black Hills Fiber Arts Fair Rapid City
April 26 RiverRat Marathon and Bike Ride Yankton
ZooCub Class - Seven, Eight, Animal Weight Sioux Falls
ZooCub Class - Rough and Scratchy Sioux Falls Earth Day Celebration Rapid City April 28 to April 30 Shrine Circus Mitchell
April 30 to May 4 Black Hills Film Festival Hill City
For more details visit www.travelsd.com.
April 24 Chicago in Concert Deadwood
49
American Council of Engineering Companies of South Dakota Members Engineering for a better South Dakota since 1956 VISIT US! www.cecsd.org
CLASSIFIEDS
CLASSIFIED ADS POLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is March 12 for the April 2014 issue. Email ads to carrie@sdmunicipalleague.org or fax to 605-224-8655.
CHIEF OF POLICE: City of Minneota, MN. The applicant should have a minimum of two years experience as a licensed peace officer, with preference given to candidates with experience as a law enforcement supervisor. A combination of training and experience substantially equivalent to an Associates of Arts or Science Degree in Criminal Justice/Law enforcement and Minnesota P.O.S.T. licensed required or eligible to be licensed. Applications and job description can be obtained at Minneota City Office, 129 E. 1st Street or online at www.minneota.com. Send resume, cover letter, and city application to: City of Minneota, P.O. Box 307, Minneota, MN 56264; by March 7, 2014, 5:00 p.m.
PUBLIC WORkS DIRECTOR: Alliance, NE (pop 8,900). Candidates for the Public Works Director position should have a broad range of experience or be an assistant in a similar sized community or larger with a minimum of six years of previous public works experience to include street, sanitation, water and waste water; and some college or course work related to civil engineering, public administration or a closely related field. The preferred candidate would have ten years or more previous public works experience as director or assistant director in a similar sized community, possess a four year college or university degree in civil engineering, public administration or a closely related field, and possess a Grade II Water Operator License, Wastewater Lagoon Operator License and/or a Street Superintendent License. Salary Range: $58,000 - $79,600 DOQ. Position Profile available at www.cityofalliance.net/employment. Send letter of interest, electronic resume and any questions by March 10, 2014 to: jobs@cityofalliance.net Position open until filled. To learn more about the community, visit www.cityofalliance.net.
PUBLIC WORkS SUPERINTENDENT: The City of North Sioux City, SD, is accepting resumes for a full-time, salaried Public Works Superintendent. Responsibilities include but are not limited to: 1.) supervision and direction of public works department personnel, budget and policies; 2.) oversight of municipal water, wastewater, storm water, levee and street operations; 3.) reporting and compliance with federal, state and local regulations; 4.) operation of a variety of vehicles and heavy equipment; 5.) oversight of general municipal building maintenance; and 6.) assisting consulting engineers in the design of maintenance and new construction projects. Starting salary is contingent upon applicant’s experience and qualifications, and benefits are 52
included. At least eight (8) years of progressively responsible management experience in the public works field required. South Dakota Class 2 Water Treatment, Class 2 Water Distribution, Class 2 Wastewater Treatment and Class 2 Wastewater Collection certifications or equivalent certifications preferred. Successful candidate must possess excellent organization and communication skills, ability to operate specialized machinery, and strong management and leadership talents. Resumes are being accepted until 5:00 p.m. March 14, 2014, at City of North Sioux City, 504 River Drive, North Sioux City, SD 57049. For information call 605-232-4276. EOE.
DIRECTOR OF PUBLIC WORkS/PROFESSIONAL ENGINEER: The City of Mitchell is taking applications through March 15th for this position which requires a BS in Civil Engineering or closely related field, along with certification as a Professional Engineer. Complex supervisory and professional work in all aspects of capital and maintenance projects for the City. Coordinates nine supervisors and 40 staff in all aspects of Public Works. Works with engineering firms, architects, contractors and representatives of related regulatory agencies Hiring wage range $73,300 - $80,000, DOQ. Job description and application may be downloaded at www.cityofmitchell.org. Submit applications to Human Resource Office, 612 North Main, Mitchell SD 57301. EOE.
STREET SUPERINTENDENT: City of Watertown, SD is accepting applications for Street Superintendent to work under administrative direction of the Mayor. A candidate for this position should have 6 to 7 years experience in engineering and construction with street and road maintenance activities, 4 of which include supervisory duties. A candidate should also have experience with heavy equipment, truck, and machinery operation. A valid driver’s license is required. Responsibilities include staff supervision and management, street and road maintenance, departmental budget and capital improvement programs maintenance, report and records maintenance. Complete job description and application information may be obtained at: City Hall, 23 2nd St NE, Watertown, SD 57201 or on-line: http://www.watertownsd.us/Jobs.aspx. Salary $61,200 - $68,921 - DOE, plus benefits. Send cover letter, completed city application and resume to: Human Resource Coordinator, PO Box 910, Watertown, SD 57201 by 5:00 p.m., Friday, March 21, 2014.
POLICE CHIEF: This position is responsible for directing the police services for the City of Pierre, including coordinating the internal and external activities of the department. A complete description of the duties can be found at www.cityofpierre.org. In addition to impeccable integrity and a proven record of leadership, the candidate must possess the following: A bachelors’ degree from an accredited university majoring in police science, criminal justice, police administration, business SOUTH DAKOTA MUNICIPALITIES
administration, justice administration or a closely related field and a minimum of seven years of law enforcement experience with a minimum of five years in a command position with advanced management training such as FBINA, SPI or an equivalent combination of education and/or experience. Demonstrated skills in personnel management, community policing, dispatch, investigation and community relations, and familiarity with local, state, and federal laws. The ideal candidate will have strong leadership and supervisory skills; experience in developing and implementing training programs; working knowledge of municipal finance procedures; understanding of procurement and maintenance of equipment and facilities; grant writing experience; and ability to communicate effectively with City officials, school officials, employees, citizens, various agencies, and media. Hiring Range: $79,986-90,497. Closing Date: Open Until Filled. Applications: City of Pierre Human Resources Director, P.O. Box 1253, Pierre SD 57501, 605773-7429. EOE.
MAINTENANCE EMPLOYEE: The City of Harrisburg, “an equal opportunity employer,” is currently accepting applications for a full time maintenance employee. Duties include but are not limited to work performed in the streets, parks, water and sewer systems departments. Successful applicants must possess a high school diploma or GED Certificate; a safe valid driver’s license and a current CDL or ability to obtain one, and be insurable. Salary is dependent on experience and qualifications. Position description, information and applications are available at www.harrisburgsd.gov and the Harrisburg City Office, 301 E Willow Street, Harrisburg SD 57032. The full time position will remain open until filled. For more information contact Andrew Pietrus, City Administrator at 605-743-5872 ext. 13 or andrew.pietrus@harrisburgsd.gov.
DEPUTY FINANCE OFFICER: City of Pierre, SD. Under the direct supervision of the Finance Officer, is responsible for providing assistance in the implementation and direction of financial planning, budgeting, accounting policies/procedures, and maintaining and preserving accounting records. Graduation from accredited college or university with a bachelor’s degree in Accounting, Business Management or Administration or Finance and two years experience in governmental accounting or finance/management or an equivalent combination of education and experience. $60,094-69,691. Applications: Human Resources Office, City of Pierre, Box 1253 or 222 E. Dakota, Pierre, SD 57501, Phone 605-773-7429, www.cityofpierre.org. Open Until Filled. EOE.
WATER/WASTEWATER SUPERINTENDENT/ OPERATOR: Jefferson, SD. Performs duties as assigned by the City Council. Work areas include but not limited to streets, snow removal, mowing, water, sewer and MARCH 2014
equipment maintenance. Superintendent will assist Street Superintendent when needed. Will be required to become South Dakota certified in water and wastewater. Must have a valid driver’s license. For complete job description including job duties, minimum qualifications, applications are available from Jefferson Finance Officer, P.O. Box 276, Jefferson, SD 57038, 605-966-5838. Open until filled. EOE.
UTILITY SUPERINTENDENT: City of Tyndall, SD. Work areas include but not limited to streets, snow removal, water and sewer, and equipment maintenance. Will be required to become SD certified in water and wastewater. Must have a valid driver’s license and be able to obtain a CDL. A complete job description is available at Tyndall Finance Office, PO Box 29, Tyndall, SD 57066. Phone: 605-589-3481. Open until filled. EOE.
FOR SALE: City of Iroquois, SD. John Deere UV 72 rotary broom. Low hours. This broom is 2006 and powered by a Kohler 10 hp engine, width is 72”. Designed for use with John Deere Gator but could easily be made to use with any utility vehicle. Has left/right, up /down and pto functions on easy to use console pad. Used very little, absolutely perfect condition. Best offer over $1000. Tennant Street sweeper. Approximate year is 1997 with approximately 387 hours. This unit is powered by a 4 cylinder Ford engine, propane fuel with cab. It has a sweeping width of 5 feet with a front dump bucket. Has a nearly new main broom and side brush. Starts a little hard but runs perfectly once started. Best offer over $2250. Wanted: a small sand spreader. Call 605354-8307 for information.
FOR SALE: City of Alcester. One Progressive Turfwerks Model TD 65-2 Tri-Deck Finishing Mower (used very little - great condition); heavy duty construction; open rear discharge; HD gauge wheels with tapered bearings; high lift blades for superior cut; blade speed of 3040 RPM’s; rear anti-scalp rollers; cutting width: 12’ (24” uncut circle); cutting height: 1” to 5” (easy height adjustments); cuts up to 8 acres/hour at 6 mph; tractor specs: recommended 40-60 hp tractor with 540 PTO and dual action hydraulics; folded width: less than 10’; primary use for parks, schools, golf courses or airports. Contact 605-934-2851.
FOR SALE: Call the City of Wilmot at 605-938-4811. 1975’- 80’ Ford 4500 3 Cyl diesel Tractor (1516 hrs on gauge), with a Ford Backhoe HD-15 2’ bucket and a Ford HD Loader 6’ Bucket. Front tires 11L 16”, Rear tires 16.9, 24” industrial lug. Asking price is $4,500 as is, where is. Howard Price Turf Blazer 727 Lawnmower (829 hrs on gauge), 3 cyl diesel water cooled engine, with a 3 blade 5’ front deck, 4 wheel front drive/back steer. Asking price is $1,000 as is, where is. Elgin White Wing Street Sweeper 345 ci International truck engine, self-propelled with curb brush, $5,000. Rosco pull-behind 7 1/2’ Street Sweeper new brushes in 2013, newer 4 cyl., air-cooled Wisconsin type motor (50 hrs), $3,850. 53
Municipal Calendar S
M
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3 10 17
23
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24
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March 2014 T W T
F
4 11 18 25
7 14 21 28
5 12 19 26
6 13 20 27
S 1 8 15 22 29
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7 14 21 28
April 2014 T W T 1 2 3 8 9 10 15 16 17 22 23 24 29 30
F 4 11 18 25
S 5 12 19 26
March
First meeting in March – The financial officer is required to make an annual report to the governing body. The report must include the receipts, expenses, and financial condition of the municipality, including the amount of funds in the treasury at the time of making the report and where and in what amounts such funds are deposited or invested. The report shall be published within thirty days or upon completion of the annual audit in the official newspaper. Immediately after the report to the governing body, the finance officer shall file a copy of the report with the Department of Legislative Audit. A thirty day extension may be granted with approval. (SDCL 9-22-21; See Hdbk., sec. 12.080) Not later than the third Monday in March – A copy of the assessment roll must be furnished to each requesting municipality. (SDCL 10-3-28; See Hdbk., sec. 12.105)
Third Monday of March (Equalization meeting) – The governing body and the finance officer together representing the municipality with a member of the school board are required to meet for the purpose of equalizing the assessment of property. The Equalization Board may adjourn from day to day until the process has been completed within five days. (SDCL 10-11-13, 10-11-14; See Hdbk., sec. 12.120)
On or before the fourth Monday of March – After completing the equalization the clerk of the equalization board is required to deliver the assessment roll to the county Director of Equalization. (SDCL 10-11-21; See Hdbk., sec. 12.120)
At least six days prior to the last Tuesday of March – The county director of equalization must publish a list of all tax exempt property in the county. This publication must be in the official newspapers of the county. (SDCL 10-4-15.1; See Hdbk., sec. 12.105)
On or before March 31 – The Urban Renewal Agency is required to file a report of its activities with the governing body. The report must include a complete financial statement for the preceding year. (SDCL 11-8-47) The 54
Urban Renewal Agency must file a similar report with the Auditor-General on or by the same date. (SDCL 11-8-48; See Hdbk., sec. 14.200, The Urban Renewal Agency)
April election – Follow the Municipal Election Calendar for all election deadlines.
April
At least one day before the election – The Finance Officer must deliver the precinct registration lists to the local election officials. (SDCL 12-4-24; See Hdbk., sec. 7.170)
Second Tuesday of April – Annual elections for the officers of a municipality are required to be held. (SDCL 9-13-1; See Hdbk., sec. 7.050) A municipality may combine its election with a school district election and hold this election on the school election date (third Tuesday in June) or on the first Tuesday in June, or in conjunction with the June primary. (SDCL 9-13-1.1; 9-1337; 9-13-6)
Second Tuesday in April – The consolidated board of equalization meets and completes equalization in no more than three weeks. (SDCL 10-11-66 through 10-11-76; See Hdbk., sec. 12.120)
Within two days after the election is declared – The finance officer must notify all persons elected to office. The officials elected to office then have ten days after the first meeting of the month next succeeding the election to qualify for the office by filing an oath or affirmation of office. (SDCL 9-13-28) If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be established by January 14 of the election year. (SDCL 913-1) Within seven days following the election – Election returns are to be canvassed. (SDCL 9-13-24; See Hdbk., sec. 7.600)
Three weeks from Election Day – If a municipality has passed an ordinance requiring a secondary election and no candidate in a race involving three or more candidates receives a majority of the votes cast, a secondary election shall be held three weeks from the date of the first election. Provisions for tie votes in the first election are also provided for. The person receiving the highest number of votes at the secondary election is elected. (SDCL 9-1326.1; See Hdbk., sec. 7.600)
June elections – Follow the Municipal Election Calendar for all election deadlines. SOUTH DAKOTA MUNICIPALITIES
SDML j 208 Island Drive Ft. Pierre, SD 57532
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