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South Dakota

MUNICIPALITIES The Magazine of the South Dakota Municipal League

March 2022 | Volume 88 | Number 9

OUTDOOR REC SUCCESS Cities Establish, Expand Local Parks with Federal Grants ► p. 14

SUMMER HELP IS ON THE WAY Review the FLSA & Child Labor Laws Before You Hire ► p. 26-35

Dougherty & Company LLC is now Colliers Securities LLC We are excited to share that we have completed our previously announced agreement to join Colliers International. Dougherty’s senior leadership team will continue to drive operations and will remain significant shareholders. Colliers Securities will encompass all business previously conducted under Dougherty & Company, offering the same robust foundation in serving the needs of non-profits, units of state and local government and other tax-exempt entities. For over 40 years we have served South Dakota’s local and state governments, school districts, counties and cities, underwriting over $6 billion in bonds for South Dakota public entities since 1990. We look forward to serving South Dakota as part of the Colliers team! Tom Grimmond Sioux Falls, South Dakota Phone 605.339.9800 | 800.339.1111 tom.grimmond@colliers.com

colliers.com Colliers Securities LLC is a Member SIPC/FINRA

Toby Morris Pierre, South Dakota Phone 605.224.5557 | 877.224.5557 tobin.morris@colliers.com

SOUTH DAKOTA MUNICIPALITIES

MARCH 2022

Oﬃcial Monthly Publication | Member of National League of Cities Managing Editor: Yvonne A. Taylor | Editor: Emilie Miller

Features

Dist. 2 | Paullyn Carey Finance Director, Huron

Deadwood Fund Grants Awarded ..................... 7 Finance Oﬃcer of the Year Nominations ......... 13 Recreation Grants: A Tale of Two Cities .......... 14 Municipal Sales Tax & Gross Receipts Tax ..... 20 FLSA and Child Labor Laws .......................26-35 Water Infrastructure Grants Open ................... 38 Outdoor Recreation Grants Open.................... 39 City Management Scholarship Opens ............. 39 Martinec Departs SDML Staff .......................... 41

Dist. 3 | Dawn Murphy Finance Oﬃcer, Tea

Columns

BOARD OF DIRECTORS PRESIDENT Steve Allender Mayor, Rapid City

DISTRICT CHAIRS Dist. 1 | Mike Grosek Mayor, Webster

1st VICE PRESIDENT Amy Leon City Manager, Yankton 2nd VICE PRESIDENT Harry Weller Mayor, Kadoka TRUSTEES Karl Alberts Finance Officer, Aberdeen Christine Erickson Councilmember, Sioux Falls Fay Bueno Finance Officer, Sturgis Carolynn Anderson Finance Officer, Wall Leland Treichel Mayor, Roscoe PAST PRESIDENT Debbra Houseman Finance Officer, Lake Andes

Dist. 4 | Rebecca Brunsing City Administrator, Wagner

Dist. 6 | Rick Boschee Mayor, Bowdle

Director’s Notes ................................................. 4 President’s Report ............................................. 5 SDMEA Hometown Power............................... 18 Risk-Sharing News .......................................... 23 SDPAA News ................................................... 40 Washington Report | Rep. Johnson ................. 42

Dist. 7 | Gary Weismantel Mayor, Herreid

Professional Development

Dist. 8 | Brittany Smith City Administrator, Philip Dist. 9 | Laurie Woodward Finance Oﬃcer, Custer

Police Chiefs/Sheriffs Conference ........................ 9 Code Enforcement Conference .......................... 10 Municipal Streets Maintenance Meeting............. 21 Building Oﬃcials ICC Training ............................ 22

Dist. 10 | Michelle DeNeui Finance Oﬃcer, Spearfish

In every issue

Dist. 5 | Renae Phinney Board President, Ree Heights

LEAGUE STAFF Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Vacant Director of Research and Training Chris Hill Director of Municipal Electric Services Emilie Miller Director of Marketing and Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Oﬃce Manager SD Public Assurance Alliance David Pfeifle Executive Director Lynn Bren Deputy Director Kristina Peterson Underwriter Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant sdmunicipalleague.org | 1.800.658.3633 | Fax: 605.224.8655

SDML Events Calendar ..................................... 6 Hometown Happenings ..................................... 8 City Highlight | Yankton ................................... 11 Directory Updates ............................................ 35 Classifieds ....................................................... 44 Municipal Calendar .......................................... 50 COVER: The City of Spearfish celebrates the opening of their new pickleball courts in Sept. 2020. A federal Land and Water Conservation Fund grant contributed $70,000 toward completion of the project. Photo by SDGFP. 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 605-2248654. 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 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. Please recycle this magazine.

Cover photo: iStock.com/Nastco

sdmunicipalleague.org | 1.800.658.3633

COLUMN

DIRECTOR’S NOTES YVONNE TAYLOR

We are looking forward to telling you all about it at your district meetings. We haven’t been able to do these in person for too long, so we can’t wait to hit the road to Webster, DeSmet, Vermillion, Plankinton, St. Lawrence, Groton, Herreid, Philip, New Underwood, and Deadwood. Please plan to attend! Affiliate groups are very active this time of year, with meetings scheduled for Election School webinars March 3, 15, 17, and 24; Building Officials ICC training April 5 (Rapid City) and 7 (Sioux Falls); Joint Law Enforcement April 19-21 in Deadwood; SD Municipal Street Maintenance April 26-27 in Rapid City; Code Enforcement Workshop May 11-12 in Ft. Pierre; City Managers and Administrators May 24-27 in Spearfish; Human Resources June 7-8; and Finance Officers’ School June 8-10, both in Huron. Please go to www.sdmunicipalleague.org for all the dates, agendas, and details so you can get these excellent training opportunities on your calendar!

www.sdmunicipalleague.org/events

March 13

2 a.m.

Until we see you at your local district meeting, remember we are always available at 1-800658-3633 or yvonne@sdmunicipalleague.org. Yvonne Taylor Executive Director

Spring Forward

Turn your clocks ahead 4

S O U T H D A K O TA M U N I C I PA L I T I E S | M a r c h 2 0 2 2

iStock.com/Olga Tsareva

The legislative session will only have a couple of weeks left by the time you read this, but believe me, the last days are the longest days! At this writing, we have steadily worked toward the League’s goals, and we have had an extremely busy year.

COLUMN

PRESIDENT’S REPORT STEVE ALLENDER

Well, the legislative session is in full swing. 105 elected legislators from around the state are convened in our state capital once again. A common theme of the legislative session is clear, and has been for years. A staple for South Dakota lawmakers is abortion and transgender bills, occasionally gun bills, but this year is also flooded with marijuana bills. According to lawmakers and lobbyists, marijuana will either kill us all, or will be the golden ticket to eternal life. Time will tell. I will wait to weigh in on recreational marijuana until it gets closer to November. There are a couple of interesting bills, one being SB 85, an act to create funding to plan for the transmission of Missouri River water to Western South Dakota. I should mention this bill was tabled following committee testimony, by the sponsor Helene Duhamel. This was done due to a budding and promising relationship with the Dept. of Agriculture and Natural Resources. This cooperative effort will afford us funding for engineering studies to prepare for the larger project later on. My thanks to Secretary Hunter Roberts for working with us. Stay tuned. Another bill was SB 186, proposing Medicaid expansion. I wrote on this topic a month ago, so I will spare you details; however, what is important to note is this: Polling indicates Medicaid expansion will likely pass as a ballot measure in November. A Constitutional amendment is a less-desirable way to get this

done, only because once passed, it will be inflexible. SB 186 failed to pass the senate, but it would have done the same thing, only the state could have adjusted to changing times as needed. Your local legislators could probably use a call or a visit on this issue. Medicaid expansion is not a matter of if, but when and how it passes. The time to pay attention is now. Being in public service gives us all something in common. We have promised - in one manner or another - to look out for the best interests of our fellow citizens and to uphold the U.S. and State Constitutions. We are all on the same side, but that doesn’t stop the difference of opinions. Cities, Counties, and the State have relatively the same goals, only they have different processes and methods of achieving them. I admit, I am guilty of an occasional snarky comment out of frustration. I encourage you, whenever possible, to track a bill through the legislative process. Find one that may affect your community and go to Pierre and testify at committee. This is good practice and a good way to get to know your legislators. Remember, this is a government of the people, by the people and for the people. That means you and me. Steve Allender SDML President

/ sdmunileague

SDML EVENTS

UPCOMING SDML EVENTS MAR 3 12-16

ELECTION WORKSHOP #3 Webinar NLC CONGRESSIONAL CITY CONFERENCE Washington, DC

DISTRICT 3 MEETING Vermillion

ELECTION WORKSHOP #4 Webinar

DISTRICT 2 MEETING DeSmet

DISTRICT 1 MEETING Webster

ELECTION WORKSHOP #5 Webinar

DISTRICT 5 MEETING St. Lawrence

DISTRICT 7 MEETING Herreid

DISTRICT 6 MEETING Groton

DISTRICT 4 MEETING Plankinton

ELECTION WORKSHOP #6 Webinar

DISTRICT 8 MEETING Philip

DISTRICT 9 MEETING New Underwood

DISTRICT 10 MEETING Deadwood

Apr

SD BUILDING OFFICIALS, ICC CODE OFFICIALS INSTITUTE PROGRAM Rapid City

5-6

SD MUNICIPAL ELECTRIC ASSOCIATION CONFERENCE AND TECHNOLOGY EXPO Watertown

SD BUILDING OFFICIALS, ICC CODE OFFICIALS INSTITUTE PROGRAM Sioux Falls

TBD

SD AIRPORT MANAGEMENT ASSOCIATION MEETING

19-21

SD POLICE CHIEFS / SD SHERIFFS JOINT ASSOCIATION MEETING Deadwood

26-27

SD MUNICIPAL STREET MAINTENANCE ASSOCIATION MEETING Rapid City

MAY 11

SD ASSOCIATION OF CODE ENFORCEMENT SPRING TRAINING Fort Pierre, SD

Find more events online www.sdmunicipalleague.org/events

S O U T H D A K O TA M U N I C I PA L I T I E S | M a r c h 2 0 2 2

S tat e H i s t o r i c a l S o c i e t y awa r d s seven Deadwood Fund grants PIERRE, S.D. - Historic preservation projects in Burke, Miller, Pierre, Tabor, Mitchell, Yankton, and Aberdeen recently received matching grants from the South Dakota State Historical Society. “This historic preservation grants program is designed to encourage restoration or rehabilitation of historic properties and is one more way we can promote and protect our history and culture,” said Ted M. Spencer, State Historic Preservation Oﬃcer. “In 2021 we awarded a total of $151,050 among 11 projects which had matching funds of $434,548. The resulting total publicprivate investment was $585,598.” The grants are awarded through the State Historical Society’s Deadwood Fund grant program. Funding for the program is from Deadwood gaming revenue earmarked by state law for historic preservation projects throughout the state. The program is administered by the society’s State Historic Preservation Oﬃce at the Cultural Heritage Center in Pierre. The following projects were the most recent to receive grants to supplement their work: • Burke (Gregory County): Gregory County Courthouse, c. 1934; received $20,000 to assist in repointing and masonry repairs • Miller (Hand County): Hand County Courthouse, c. 1926; received $10,000 to assist with repair of ornate plaster

LOOKING FOR FEEDBACK

• Pierre (Hughes County): Pierre First United Methodist Church, c. 1910; received $10,000 to assist in stained-glass window repairs • Tabor (Bon Homme County): Tabor Log School Building, c. 1872; received $5,000 to assist in general log cabin repairs • Mitchell (Davison County): Western National Bank Building, c. 1906-1907; received $15,000 to assist in window repairs • Yankton (Yankton County): Yankton Post Oﬃce Building, c. 1904-1905; received $20,000 to assist with repointing and masonry repairs • Aberdeen (Brown County): Citizens Bank Building, c. 1910; received $15,000 to assist with repointing the exterior of the building These new recipients represent a total award amount of $95,000 with matching funds of $334,851, resulting in a total public-private investment of $429,851. These figures are reflected in the total 2021 statistics above. Deadwood Fund grants are awarded twice a year with grant application deadlines of Feb. 1 and Oct. 1. They are reviewed at the spring and winter meetings of the State Historical Society’s board of trustees. For more information on the Deadwood Fund grant program, contact the State Historic Preservation Oﬃce at 605-773-3458; or online at history.sd.gov/preservation/ fundingopportunities.aspx. ■

SD DEPT. OF TRANSPORTATION Public Improvement Plan

The South Dakota Department of Transportation is asking for your feedback on our Public Involvement Plan (PIP). The PIP is a critical guidance document to ensure SDDOT meaningfully engages with the public and stakeholders on transportation projects throughout South Dakota. The PIP frames how SDDOT involves and informs your community, agencies, and the public about the department's transportation planning, project development and construction, environmental impacts, key issues, and actions. It outlines the steps and processes SDDOT will follow and tools by which to engage.

This plan will shape and enable future public involvement and community engagement eﬀorts, and the transportation system across South Dakota. Details on SDDOT’s Public Involvement Plan can be found online at https://dot.sd.gov/pip. Please provide your feedback on this open forum with comments, questions, concerns, and/or positivity on the Public Involvement Plan. The 45-day comment period closes on April 1, 2022. For further information or any questions, please contact June.Hansen@state.sd.us. ■

sdmunicipalleague.org | 1.800.658.3633

HOMETOWN HAPPENINGS

March

TRAVELSOUTHDAKOTA.COM

MARCH 4-5 PRO SNOCROSS RACES Deadwood

BLACK HILLS WINTER FESTIVAL Hill City

MARCH 18-19 ANNUAL SCHMECKFEST Freeman

EAGLE HIKE Good Earth State Park, Sioux Falls

10 12

MARCH 10-13 ANNUAL SIOUX EMPIRE SPORTSMEN'S SHOW Sioux Falls 28 BELOW FATBIKE RACE, RIDE AND TOUR Lead

MARCH 18-19 ST. PATRICK'S DAY WEEKEND Deadwood

MARCH 18-19 SPRING SIOUX EMPIRE ARTS & CRAFTS SHOW Sioux Falls

ST. PATRICK'S DAY CELEBRATION Watertown ST. PATRICK'S DAY PARADE Sioux Falls

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TRACK HIKE WITH THE LITTLES The Outdoor Campus, Sioux Falls

MARCH 25-26 ANNUAL SCHMECKFEST Freeman

ANIMAL ENRICHMENT DAY Sioux Falls ANNUAL AG DAY AT THE WASHINGTON PAVILION Sioux Falls

ENDS

ENDS MARCH 31 SNOWMOBILE TRAILS SEASON Statewide ■

PROFESSIONAL DEVELOPMENT

South Dakota Police Chiefs’ Association South Dakota Sheriffs’ Association Spring Conference • April 19 – 21, 2022 •The Lodge at Deadwood, Deadwood, SD

Agenda Register Online

www.sdmunicipalleague.org/PoliceChiefs

Tuesday, April 19 1:00 p.m. – 3:00 p.m. – Pine Crest B Joint Business Meeting

10:30 a.m. – 12:00 p.m. – Pine Crest B Case Study: Rodriguez Drug Trafficking Organization Sam Kavanaugh, Special Agent, SD DCI

3:00 p.m. – 5:00 p.m. Individual Association Business Meetings x SD Sheriffs Association – Pine Crest B x SD Police Chiefs’ Association – Pine Crest C

12:00 p.m. – 1:00 p.m. – Pine Crest C Lunch *Scan Credentialing Card at Door 1:00 – 5:00 Officer Safety and Wellness Overview Deputy Jeff Welch, Hopkins County Sheriff’s Office, Kentucky

6:00 p.m. x Adams Museum Tour x Dinner on your own 7:00 p.m. Northwest Chapter FBI NAA x Hospitality Room #401

2:30 p.m. – 3:00 p.m. – Pine Crest A & D Break in the Vendor Area

Wednesday, April 20

5:00 p.m. – 6:00 p.m. – Pine Crest A & D Exhibit Area Social Hour

7:00 a.m. – 8:00 a.m. Conference Registration - Foyer Area Breakfast Buffet – Pine Crest C Exhibit Area open – Pine Crest A & D

6:00 p.m. – Pine Crest C Banquet and Awards Presentation Keynote Speaker: Victor Avila

*Scan Credentialing Card at Door 8:00 a.m. – 8:05 a.m. – Pine Crest B Welcome and Presentation of Colors Rapid City Police Department Honor Guard & Pennington County Sheriff’s Honor Guard

8:00 p.m. Northwest Chapter FBI NAA x Hospitality Room #401 Thursday, April 2

8:05 a.m. – 10:30 a.m. Agent Under Fire; Cartels and Border Security Victor Avila, Ret. ICE-HSI Special Agent and Author An expert on border security, immigration reform, human trafficking and National Security issues. Victor gives solutions to solving these epidemics, shares the truth and realities of the conditions taking place at the Southern Border and inspires through his positive influence on how to protect our homeland. His book: Agent Under Fire: A Murder and Manifesto is a true story of factual events that took place during his service. 9:30 a.m. – 10:00 a.m. – Pine Crest A & D Break in the Vendor Area

7:00 a.m. – 8:00 a.m. Conference Registration - Foyer Area Breakfast Buffet – Pine Crest C Exhibit Area open – Pine Crest A & D *Scan Credentialing Card at Door 8:00 a.m. – 12:00 p.m. – Pine Crest B Leadership for a Lifetime: Paul Butler This motivational presentation will cover what it takes to be a good professional and highlight the power of being a good person. Paul will illustrate how to take individual talents and apply them to the group setting to make an unstoppable and productive team.

sdmunicipalleague.org | 1.800.658.3633

PROFESSIONAL DEVELOPMENT

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S O U T H D A K O TA M U N I C I PA L I T I E S | M a r c h 2 0 2 2

CITY HIGHLIGHT

YANKTON

YANKTON THRIVE

When we ask visitors what they like about Yankton, we receive lots of responses: Lewis and Clark Lake, the Meridian Bridge, the Missouri River, great dining, shopping, and night life. While these are all great representations of what our city has to offer, the other answer people frequently provide is simply, “The people are so friendly and welcoming.”

local craft breweries – Ben’s Brew Station and Brewery and Backspace Brewery. Restaurant options include many locally owned and unique bistros and cafés, along with choice ranging from elegant dining to quirky food joints and food trucks. If you’re a fan of live music, you will find it almost nightly during the summer months and Thursday-Saturday nights in the winter.

With its easy access beaches, shoreline, and mesmerizing chalkstone bluffs, Lewis and Clark Lake and Lewis and Clark Recreation Area draw more than two million visitors each year. The lake is fantastic for swimming, sailing, boating, jet skiing, skiing, wakeboarding, and fishing in the spring, early summer, and fall. A total of seven beaches line the northern shoreline within the state park’s boundaries.

To complement our unique community amenities, we also have a variety of career opportunities if you are considering a move to Yankton. We offer top-notch healthcare options along with a school district that offers free preschool. We value our youth and the vibrancy they bring to our community. We invite you to take a look at all Yankton has to offer and visit us soon. We can’t wait to meet you! ■

The water just keeps on flowing below Gavins Point Dam where open water fishing can be enjoyed year-round – and not just for anglers, either. In December and January (sometimes into February), several bald eagles fly to the dam to fish since their normal habitat is frozen. It’s not uncommon to see more than 20 eagles hunting on a good afternoon below the dam. Yankton is also home to some nesting pairs of bald eagles who reside here throughout the year.

PHOTOS: Top: HUETHER FAMILY AQUATICS CENTER, City of Yankton (opened 2021). Middle: RIVER CITY R E L I C S , D r e w D e l v a u x o w n e r. Bottom: MISSOURI RIVER, Yankton Thrive

The city of Yankton is nestled along the shores of the Missouri River and has a history rich in Riverboat stories, Native American lore and, of course, the journey of Lewis and Clark. If you’re a foodie or a self-styled brew connoisseur, you’ll be in luck in Yankton with two phenomenal

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Cities Featured in Tourism’s New Great Finds Passport App PIERRE, S.D. – The South Dakota Department of Tourism announced the launch of a free South Dakota Great Finds mobile exclusive pass that highlights all areas of South Dakota. The Great Finds pass encourages users to explore and experience the many hidden treasures found throughout South Dakota. With the pass, visitors and locals can check in at designated Great Finds locations to unlock a range of South Dakota prizes and receive discounts at participating businesses. The pass showcases more than 100 locations, including restaurants, retail businesses, outdoor activities, and local parks for passholders to discover. “This mobile experience will allow us to better highlight what truly makes up the great state of South Dakota,” said Jim Hagen, Secretary of the Department of Tourism. “Showcasing rural America, unexpected businesses and parks, and getting people off the beaten path to discover something new is a great opportunity, especially for rural communities.” The pass can be accessed through TravelSouthDakota. com and delivered to mobile devices, with no app download necessary. The program is free, and there is no cost to participate.

NOMINATIONS NOW OPEN Finance Officer of the Year Deadline: May 1 The South Dakota Governmental Finance Officers Association (SDGFOA) invites you to recognize your municipality’s Finance Officer by nominating them for the Finance Officer of the Year Award. The award will be presented at the 2022 Finance Officers School in Huron in June. Complete the online nomination form:

www.sdmunicipalleague.org/ financeoﬃcers

South Dakota Great Finds will continue to expand by adding new partners, locations, and businesses from across the state, with a goal of showcasing at least one hidden gem in every community. Participating locations and businesses will be indicated as South Dakota Great Finds on TravelSouthDakota.com and in the South Dakota Vacation Guide. As part of this program, the Department of Tourism partnered with a technology company called Bandwango. Bandwango has successfully launched successful gamified check-in programs with destinations across the United States and Canada. ■

DO YOU HAVE CITY N E W S TO S H A R E? Let us know! info@sdmunicipalleague.org sdmunicipalleague.org | 1.800.658.3633

Recreation Grants: A Tale of Two Cities

RANDY KITTLE, RTP AND LWCF GRANTS COORDINATOR

The days are starting to get longer, and our interests are starting to shift more toward outdoor activities, warm sunny days, and enjoyable experiences with family and friends at the park. This also means time for city staff to think about improvement projects needed for parks and trails as well as development of new park areas for growing cities. Two federal grant programs currently accepting applications can help you fund these trail and park projects: the Recreational Trails Program and Land and Water Conservation Fund. Administered by the South Dakota Department of Game, Fish and Parks, these grants provide assistance for trail and park projects across the state. The Recreational Trails Program (RTP) provides grant assistance for trail development and nonroutine maintenance. These grant dollars come to the State through the Federal Highway Administration and provide up to 80% of the approved project cost in the form of a reimbursement. Eligible applicants include private and non-profit organizations, municipal agencies, state agencies, federal agencies, and tribal governments. Projects need to provide a public benefit and should fall into the following categories: Trail maintenance and Restoration, Trailside and Trailhead Facilities, Trail Construction Equipment, New Recreational Trail Construction, Land Acquisition/ Easement for Trail Construction, 14

Kuhnert Arboretum, Aberdeen, and Harbach Centennial Park, Custer, are being revitalized with assistance from grants through the Recreational Trails Program and Land and Water Conservation Fund.

Trail Accessibility Assessment, and Educational Programs. Under RTP, funding is required to be awarded to projects in accordance with the following formula: 30% funding to motorized trail projects, 30% funding goes to non-motorized trail projects and 40% goes to diversified trail projects. The application for RTP grants closes April 8, 2022. The grant manual and application are available at: gfp.sd.gov/partnerships. The Land and Water Conservation Fund (LWCF) provides grant assistance for public outdoor recreation. These grant dollars come to the State through the National Park Service and will provide up to 50% of the approved project cost in the form of a

S O U T H D A K O TA M U N I C I PA L I T I E S | M a r c h 2 0 2 2

reimbursement. Eligible applicants include city, county and township governments, tribal governments, and the State. The Statewide Comprehensive Outdoor Recreation Plan (SCORP) identifies strategies and priority projects eligible for grant assistance. Some examples of projects that have been funded include swimming pool/splash pad projects, playgrounds, pickleball courts, basketball courts, baseball/ softball fields, picnic facilities, campgrounds, landscaping for the project area, park roads, fencing, lighting. The application period for LWCF grants closes April 29, 2022. The grant manual, application, and SCORP are available at gfp.sd.gov/ partnerships.

KUHNERT ARBORETUM, ABERDEEN

Numerous cities across the state have participated in these two grant programs throughout their history. Often, these grants are used to create a new park space, like the new Kuhnert Arboretum in the City of Aberdeen. The City purchased the property in 1974 and dedicated it Kuhnert Arboretum in honor of Ervin Kuhnert, long-time city park superintendent. In the earlier years of the arboretum, trees were planted, and the area was maintained for public use. In the 1990s, disc golf was introduced to the area. Since then, the city has made improvements including a paved trail, paved parking area, children’s garden, music instruments, nature play area, and pollinator plot. A playground will be installed in 2022. “Public use of the Kuhnert Arboretum has increased 10-fold since the City of Aberdeen, Parks, Recreation and Forestry Department started making improvements to the park,” said Aaron Kiesz, City Foerster for the City of Aberdeen. “In 2015, the first established trails were installed in the arboretum. This made access into the park much easier as the new trails connect to the existing

Kuhnert Arboretum, Aberdeen

trail system that runs throughout the community. “Every year, more people learn about the area and begin using it for leisure,” Kiesz added. “Special events such as weddings bring new attention to the park, and we always see an uptick in use after these events. With the addition of other garden beds, rose beds and features, there are more and more opportunities for people with various interests.” The city successfully used both grant programs to make development of the arboretum successful. In 2014 and 2018, the city applied for and was awarded grant assistance through the Recreational Trails Program that allowed them to construct a paved

trail in the arboretum. Later this year, new playground equipment will be installed thanks to a grant through the 2021 Land and Water Conservation Fund cycle. The city’s on-going investments in the arboretum are paying off as Kuhnert Arboretum is developed into another city park area offering recreational and educational opportunities for park users. “Without the access to the grant funding, much of what has been

Aberdeen Kuhnert Arboretum Grants LWCF | $68,000 RTP | $181,571

KUHNERT ARBORETUM | MASTER PLAN AND CONCEPTUAL DEVELOPMENT

sdmunicipalleague.org | 1.800.658.3633

RECREATION GRANTS (CONT) done at the arboretum or for that matter within our park system would have been delayed and not done for a number of years,” said Mark Hoven, Director of Parks, Recreation and Forestry for the City of Aberdeen. “LWCF funding is a critical part of planning for our system and vitally important funding for moving projects ahead.”

HARBACH PARK, CUSTER

The grants not only aid in creating new facilities, but also help replace what was lost. Harbach Park in the City of Custer suffered significant damage when an August 2019 flash flood swelled adjacent French Creek and significantly damaged park facilities. Established around 1950, the park had been providing public access to the picnic areas, playground, and open green space for decades.

Custer Harbach Park Grants LWCF | $137,000 RTP | $186,851

Rather than simply replace what was lost, city oﬃcials looked at ways they could make Harbach a better park for the community going into the future. A master plan for the park was developed and grant assistance was sought for several different elements included in the Harbach Master Plan effort. “In short, the grant funds have helped physical construction come to fruition in an expedited timeframe,” said Tim Hartman, Planning Administrator for the City of Custer. “Within the community of Custer, we have multiple public improvement projects on the ‘docket’ and prioritizing and funding all of those projects can be challenging. The grant funds have helped lighten the cost for improvements and thus make the first few phases of a master plan a reality.” Like Aberdeen, the City of Custer was able to utilize both RTP and LWCF grants to aid in Harbach Park’s reconstruction. LWCF grant assistance was awarded to replace the playground equipment, replace the damaged pedestrian bridge,

HARBACH PARK | CONCEPTUAL DEVELOPMENT

Harbach Park in Custer suffered significant damage following an Aug. 2019 flash flood. The city applied for and received federal recreation grant funds which will be used to restore and revitalize the beloved park.

reconfigure parking, and construct a new picnic shelter. RTP grant assistance was awarded to realign the George S. Mickelson Trail as it crosses 6th Street, moving the street crossing from a mid-block crossing to a much safer crossing at the intersection. Additionally, the parking lot at the Mickelson Trail trailhead will be improved to better serve trail and park users. These projects will be happening in 2022 to provide an updated Harbach Park for the recreating public. “Harbach Park is a central hub to so many users within the community,” said Hartman. “Being a key stopping point along the Mickelson trail, a primary trailhead for Custer’s Big Rock Park hiking trails, a centrally located City Park for family’s looking to picnic or enjoy a nice afternoon outdoors, and a complimentary open space for different community events along Washington Street, the planned improvements will provide great updates for all of these users.

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“The planned improvements are two initial phases for a large ‘Harbach Park Master Plan.’ We hope these improvements will be the initial steps needed to get the ball rolling as we continue to bring that master plan to fruition in the years to come.” Interestingly, this isn’t the first time the City of Custer has used these grant funds. The playground equipment lost in the flood was originally purchased with LWCF grant assistance in the 1990s. This provides a great example of how a city can use LWCF grant assistance to keep their park facilities safe and inviting for the public throughout the years. We all know that parks don’t stay new for long, but you can keep them from getting old with proper planning and assistance from grants like these.

APPLYING FOR RECREATION GRANTS

The RTP grant application window is open until April 8, 2022. The LWCF grant application window is open until April 29, 2022. Now is a great time to look at park and trail improvement opportunities in your community. Assistance from these programs can help complete your projects while stretching your city budget, accomplishing more for your residents. If you have a potentially eligible project for either of these grants, keep these tips in mind: • Identify the scope of the project. Is the project eligible for funding under the grant program? • Get written estimates from contractors and vendors that specialize in this type of project. • Be able to provide proof of ownership or permission to construct a trail on the property.

• Get the local matching funds in place. • Don’t wait until the last minute to complete the application. • Submit the best quality grant application to present your proposal in the best possible manner. • If you are selected to receive grant assistance, be ready to begin the project as soon as you are given the oﬃcial notice to proceed. • Don’t be afraid to ask questions about grants, potential projects, and projects selected for grant assistance. ■ For additional information on either of these grant programs, contact the author and Grant Coordinator Randy Kittle by phone at (605)7735490 or by e-mail at randy.kittle@ state.sd.us.

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COLUMN

CHRIS HILL DIRECTOR OF MUNICIPAL ELECTRIC SERVICES SDMEA LEGISLATIVE LUNCH

The SDMEA hosted a lunch at the Capitol on Jan. 26. We had a great turnout and were able to visit with legislators about Municipal Electric Utilities. SDMEA Board President Russell Halgerson, Brookings Municipal Utilities, Vice President Jerry Jongeling, Sioux Falls Traﬃc, Light and Power, and Trustees Mike Antonson City of Beresford Electric Superintendent, Monty Munkvold, City of Vermillion Electric Superintendent, and Bert Magstadt, Watertown Municipal Utilities Director of Operations, were in attendance to help with the lunch and promote municipal electric utilities and our association.

of municipal electric utilities and upcoming topics of interest that might impact our members. We had a great time visiting with legislators and look forward to working with them in the future.

Also helping with the lunch were Kelly Dybdahl from Heartland Consumers Power District, Deb Birgen, and Kersten Johnson from Missouri River Energy Services, and Steve Meyer from Brookings Municipal Utilities. This is a great opportunity for us to be able to visit with legislators and visit with them about the benefits

District 24 Representative Will Mortensen Chris Hill, Director of Electrical Services for the SDMEA and District 19 Representative Kent Peterson

SDMEA Board Member Mike Antonson, District 19 Representative Marty Overweg SDMEA Board President Russell Halgerson, Chris Hill SDMEA Director, District 6 Senator Herman Otten, SDMEA Board VP, Jerry Jongeling

SDMEA Board Member Monty Munkvold, SDMEA Board Member Bert Magstadt, District 21 Senator Erin Tobin, District 1 Senator Michael Rohl, Brookings Municipal Utilities General Manager Steve Meyer

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UPCOMING EVENTS

The SDMEA has several upcoming events. The SDMEA Conference and Technology Expo is scheduled for April 5 and 6 in Watertown and registration for that event is now open. You can find out more by visiting the SDPublicPower.com website and scrolling to the bottom to EVENT RSVP. The registration is open to member municipalities, vendors, and this year we have sponsorship opportunities. Our associate member program is also now available, and you can register for that by going www.sdmunicipalleague. org/sdmeaopportunities. We will also have our annual SDMEA Golf Tournament coming up soon with location and date still to be determined. Member involvement is pertinent to the continued success of our events and we hope that you can find time to participate!

SDMEA Conference and Technology Expo

As an aﬃliate member of the South Dakota Municipal League, I do attend their district meetings to visit with municipal employees and elected oﬃcials and encourage the SDMEA Member Municipalities to attend as well. I hope to visit with you at these district meetings and look forward to several in-person communication opportunities coming soon! For more information on the district meetings, please visit www.sdmunicipalleague. org/events. Again, this is a great opportunity to visit with SDML staff and network with other municipalities in your district.

Connect with the 35 South Dakota municipalities that own and operate their electric utilities!

That was a lot of information, but as always, if you have any questions, you can get ahold of me via email. I cannot wait for our in-person meetings so we can talk about what make your HOMETOWN great! ■

District 8 Senator Casey Crabtree, SDMEA Board Member Bert Magstadt, SDMEA Board President Russell Halgerson, SDMEA Board Member Monty Munkvold, Brookings Municipal Utilities General Manager Steve Meyer

April 5-6, 2022 | Watertown, SD The SDMEA Annual Conference brings municipal electric oﬃcials and employees together for two days of professional improvement, networking, and idea-sharing. SDMEA Member Municipality | $150/person Non-member Municipality | $175/person Conference Sponsorship | $500* Exhibitor Booth | $200* *discount for SDMEA Associate Members

SDMEA Associate Membership $350 per calendar year

• • • •

Special opportunities to connect with SDMEA members. Organization listing on the SDMEA website. Advertisement in the SDMEA Membership Directory. 25% discount on SDMEA Annual Conference sponsorships, including exhibitor booths. • Copy of the SDMEA Membership Directory. • Subscription to SD Municipalities, the SD Municipal League's oﬃcial magazine.

SDMEA Director of Electrical Services Chris Hill, District 20 Representative Paul Miskimins.

sdmunicipalleague.org | 1.800.658.3633

Municipal Sales Tax & Municipal Gross Receipts Tax Submitting Municipal Boundary Changes and Changes to Streets and Addresses South Dakota sales tax, including municipal sales tax, is collected based on the delivery address for all taxable sales. This includes products and services. Retailers and service providers can verify the applicable sales tax rate for a South Dakota address using the Department of Revenue’s (DOR) tax rate lookup database provided on the department’s website. Retailers and service providers rely on the database to provide accurate tax rate information. The Department of Revenue relies on each municipality imposing a municipal sales or gross receipts tax to provide the most up to date address information to keep the database as accurate as possible. To ensure your city’s municipal tax revenue is being collected accurately, it is vital that the State Department of Revenue has the most current city boundaries and all addresses within those boundaries. When a city has a boundary change, a street or address change, or additional addresses created, the city must notify the Department of Revenue. Notices of annexations and address changes or additions are submitted through the Department’s “Notice of Annexation” webpage, https://sddor.seamlessdocs. com/f/2043 and “Notice of New or Updated Addresses” webpage at https://sddor.seamlessdocs.com/f/5028. These pages provide the form to complete and allow you to upload all necessary documents regarding boundary changes and address updates.

When submitting a boundary change you will need to include (preferably PDF or Excel formats): • Copy of the resolution or amendment • Updated city boundary map (aerial map is preferred) • List of addresses within the annexed area Address Updates When submitting address updates, you will need to include (preferably PDF or Excel Formats): • List of the addresses - indicate if these are new, corrected or updated addresses • Map of address locations (aerial map is preferred) Once the notice is submitted you will receive an email acknowledging receipt of the form. The Department of Revenue wants to ensure your city is receiving the city tax you are due. This can only happen with your continuous assistance to ensure the department’s information is accurate. If you would like to verify the addresses the department currently has for your city, please email DOR.TechHelp@ state.sd.us for directions and assistance. More information regarding municipal sales tax can be found online at https://dor.sd.gov/businesses/taxes/ municipal-tax, or by calling the Taxpayer Assistance Center at 1-800-829-9188. ■

City Boundary Changes

Downtown Revitalization

Designing a healthier and more sustainable community. Architecture + Engineering + Environmental + Planning | ISGInc.com | 101 South Reid Street + Suite 202 + Sioux Falls, SD 57103 | 605.274.6401

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Sponsored by the SD Building O૾cials’ Association & the Upper Great Plains Region III chapter of the International Code Council

COLUMN

Risk-shari ng news TRACIE EVERSON, SAFETY BENEFITS, INC.

The Importance of Taking Time for Safety Life is busy. Work is busy. Employees can be hard to find – and even harder to keep. Everyone is trying to do more with less. Most days it seems there is hardly time to accomplish those things we must do, let alone those things we should be doing. Unfortunately, safety training often falls into the category of those things that we should do, but simply can’t find time to do. That’s where the Take Time for Safety program can help. Take Time for Safety provides fully prepared, brief safety presentations and supporting materials on a variety of work-related safety topics. When we say brief, we really mean it. Most of these safety presentations take about 10 minutes of employees’ time. Management will find this program easy to support. There is no cost for the presentation or materials and the time investment is minimal. The investment in employee safety, however, is (to coin a phrase) “priceless.” Employees will find it easy to participate as it creates little to no disruption in the work schedule. Most of us have seen articles that define the direct and indirect costs of workplace injuries. The image of an iceberg is often used to provide an illustration of direct costs (that part of the iceberg sticking out of the water) like medical, wage benefits, vocational rehabilitation, legal fees, and claim investigation; and indirect costs (that part of the iceberg underwater) like equipment or tool repair, training another employee, projects not getting completed, premium increases, damaged reputation, etc. There’s no question that employee injuries can be costly to employers. But what about the

time an employee injury robs from the workplace? Frankly, if you don’t take time for safety, you very well may have to take time for an employee injury. Some examples of such a time investment might include: • Time to address the employee injury: provide first aid, bring an injured employee off-site for medical attention, an ambulance call, clean-up of the injury site • Disruption to the workday • Documentation of the incident: completing the first report of injury • Time to conduct a thorough incident investigation and properly document it • Employee time away from work, follow-up medical visits after an injured employee returns to work • Time taken from scheduled tasks and projects while other employees conduct the work assigned to the injured employee, light duty assignments when the injured employee can’t perform all the tasks to which he or she is assigned • Project delays • Equipment or tool damage may result in having to take that item out of service for a time

Take Time for Safety It’s an easy-to-use safety tool. The brief, informal presentations can be given on the jobsite, in the break room, or wherever workers gather. Managers and supervisors won’t be saddled with the time-intensive task of generating topic ideas and finding supporting materials for employee safety meetings. Employees will find the information easy to follow and applicable to their everyday work. Presentations are designed to fit into the work schedule and not cause undue disruption. Taking 10 minutes here and there can provide employees with valuable safety information while not derailing an entire morning or afternoon schedule. You might even consider a regular schedule of Take Time for Safety meetings. Start every Monday morning with a quick Take Time for Safety topic or get your team together every Wednesday morning. If weekly is too much, schedule time to review a Take Time for Safety topic once a month. These presentations are designed to make a safety presentation or discussion easy for anyone in the workplace — whether a supervisor, team lead, or seasoned employee.

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RISK-SHARING NEWS (CONT) The program offers training on a wide variety of safety topics applicable for all employees, regardless of their role with your entity. From awareness of bloodborne pathogens to violence in the workplace, there are 30 topics to choose from with new topics being added. Conducting these mini safety presentations encourages employees who might not be as comfortable in a larger safety training atmosphere to ask questions and offer suggestions. Just a Little Prep While the topics really are brief safety presentations, it is important for the presenter to do a bit of preparation to ensure effective meetings. Review the material to be presented and discussed, add any workplace specific details, and make copies of handouts and

quizzes. It is also a good practice to have any entity policies or programs that relate to the safety topic being discussed available for discussion or to answer questions that may arise. Encourage Participation There are a number of ways to encourage participation from your team during a Take Time for Safety presentation: Ask follow-up questions • Acknowledge what employees already do correctly/safely in relation to the training topic • Explain why new tools, equipment or procedures were selected • Allow employees to discuss the impacts of new procedures and equipment

S O U T H D A K O TA M U N I C I PA L I T I E S | M a r c h 2 0 2 2

• Involve employees in demonstrations and hands-on activities related to the training topic Ensure Understanding A quiz provided with each Take Time for Safety topic will help ensure that employees understood the material. The quiz is also a good confirmation that the presenter shared the information in a manner that was easy for employees to comprehend. A quiz and answers are included in the presentation package for each topic. Document Training Be sure to use the attendance roster provided with the Take Time for Safety presentations to document each training session. The rosters include the safety training topic, name of the instructor, date, and the attendees’ names.

Make a Difference It can be diﬃcult to determine if a safety training program is accomplishing what it should. There are many ways to evaluate the impact a program is having on employees. Observe employees to see if they are applying information shared in the training. Monitor questions from workers and supervisors that indicate employees are trying to apply the information they learned. Check in with employees periodically to see if they have follow-up questions or suggestions for applying what was discussed. Ask supervisors if they are noticing a change in safety performance. And, of course, monitor injury and illness statistics as well as any near-miss reports. Access Take Time for Safety • Visit the Safety Benefits, Inc. website at www.safety-benefits.com • Go to Services at the top right of the page and click the drop-down menu • Select Take Time for Safety • Complete and submit the Contact Form on the right side of the page with the safety topics in which you are interested and SBI will email the Take Time for Safety materials to you Online Safety Option A bit of variety can be a good thing when it comes to safety training. In addition to the Take Time for Safety program, online streaming safety videos are also available to Members of the risk sharing pools (SDML Workers Compensation Fund and the South Dakota Public Assurance Alliance). Through AP Safety, Members have free access to hundreds of online safety training topics. Similar to Take Time for Safety, AP Safety allows users to download a discussion guide, fact sheet, and quiz. If you haven’t explored this online training option, we encourage you to do so now! Simply visit the website of either risk sharing pool to get enrolled. www.sdpaaonline.org Loss Control | On-Line Training | Streaming Safety Training Videos www.sdmlwcfund.com Safety & Loss Control | Online Streaming Safety Training Questions about Take Time for Safety or online streaming safety videos can be directed to Safety Benefits, Inc. at 605.334.9567 or 1.888.313.0839. ■

FLSA & CHILD LABOR LAWS

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 $9.95 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.

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. SD Codified law can be found online at sdlegislature. gov/Statutes/Codified_Laws under Title 60 Labor and Employment. The South Dakota Department of Labor staff is also a great resource. You also have access to the knowledgeable SDML staff (800-658-3633) and the SD Governmental Human Resource Association. ■

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.

Since 1913, HR Green has provided solutions that build communities and improve lives.

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 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 27-31 of this magazine. 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. 26

Z SIOUX FA LLS

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Z H RG R E E N .C O M

FLSA & CHILD LABOR LAWS

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.pdf 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 employ 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.

M I N I M U M A G E S TA N D A R D S F O R 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, allterrain vehicles, trimmers, cutters, weed eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers. Fourteen- and 15-year-olds 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 windowsills. 12. All work requiring the use of ladders, scaffolds, or their substitutes.

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FLSA & CHILD LABOR LAWS 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.

FLSA REFRESHER (CONT) 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. C o n s t r u c t i o n (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 MAY BE 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

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FLSA & CHILD LABOR LAWS 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, broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as “Neico broilers.” 4. Cashiering, selling, modeling, artwork, work in advertising departments, window trimming and comparative shopping. 5. Price marking and tagging by hand or by machine. Assembling orders, packing, and shelving. 6. Bagging and carrying out customer orders. 7. Errand and delivery work by foot, bicycle, and public transportation. Except such youth may not be employed by a public messenger service. 8. Cleanup work, including the use of vacuum cleaners and floor waxers, and the maintenance of grounds, but not including the use of powerdriven mowers, cutters, trimmers, edgers, or similar equipment. 9. 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. 10. 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. 11. 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.

12. 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 backpack, 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. 13. The occupation of lifeguard (15-year-olds but not 14-year-olds) at traditional swimming pools and water 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: - Dispensing gasoline and oil. - Courtesy service on premises of gasoline service station. - Car cleaning, washing, and polishing by hand. - 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

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FLSA & CHILD LABOR LAWS 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).

FLSA REFRESHER (CONT)

The Hazardous Occupations Orders (HO S ) for Nonagricultual Employment Employment Standards for 16- and 17-Year-Olds in Nonagricultural Employment HO 1

Manufacturing and storing of Explosives.

HO 2

EMPLOYMENT STANDARDS FOR 16- AND 17-YEAR-OLDS IN NONAGRICULTURAL EMPLOYMENT

Motor-vehicle driving and outside helper on a motor vehicle.

HO 3

Coal mining.

HO 4

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.

Occupations in forest fire fighting, forest fire preventions, timber tract opeations, forestry service, logging, and sawmilling.

HO 5*

Power-driven woodworking machines.

HO 6

Exposure to readioactive substances.

HO 7

Power-driven hoisting apparatus, including forklifts.

HO 8*

Power-driven metal-forming, punching, and shearing machines.

HO 9

Mining, other than coal mining.

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 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.

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

HO 10* Operating power-driven meat processing equipment, including meat slicers and other food slicers, in retail establishments (such as grocery stores, restaurants, kitchens, and delis) and wholesale establishments, and most occupations in meat and poultry slaughtering, packing, processing, or rendering. HO 11

Power-driven bakery machines including vertical dough or batter mixers.

HO 12* Power-driven balers, compactors, and paper processing machines. HO 13

Manufacturing bricks, tile, and kindred products.

HO 14* Power-driven circular saws, bandsaws, chain saw, guillotine shears, wood chippers, and abrasive cutting discs. HO 15

Wrecking, demolition, and shipbreaking operations.

HO 16* Roofing operations and all work on or about a roof. HO 17* Excavation operations. * These HOs provide limited exemptions for 16- and 17-year-olds who are bona-fide student-learners and apprentices.

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FLSA & CHILD LABOR LAWS 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.

PENALTIES FOR VIOLATION

Civil Money Penalties Employers may be subject to a civil money penalty of up to $14,050 for each employee who is the subject of a child labor violation. The penalty may be increased to $63,855 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.

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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.

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 1-866-4US-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.

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FLSA & CHILD LABOR LAWS

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 Reprinted from http://www.dol.gov/whd/regs/ compliance/whdfs60.pdf 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. 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. 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: • 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. 32

• Drive or serve as an outside-helper on a motor vehicle on a public road; but 17-year-olds who meet certain 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-year-olds 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: • 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 • 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-year-olds may be employed as discussed below; and • The federal child labor rules require that 15-yearolds 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. 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,

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FLSA & CHILD LABOR LAWS and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas, 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 “swimteacher 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. A traditional swimming pool means a watertight 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.

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FLSA & CHILD LABOR LAWS 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 waterpark 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. Fifteen-year-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, 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: • Outside of school hours; • 3 hours on a school day, including Fridays; • 8 hours on a non-school day; • 18 hours in a week that school is in session; • 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.).

APPLICATION OF CHILD LABOR LAWS (CONT) 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.

W H E R E TO O B TA I N INFORMATION

ADDITIONAL

For more information on the FLSA child labor provisions, including a complete list of all hazardous occupation

OCCUPATIONS LIMITATIONS

Fourteen- and 15-year-olds, including properly certified 15-year-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: • Work involving the operation or tending of any power-driven 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. • 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, 34

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Trusted. Professional. Solutions. > Project Funding & Financing Guidance > Streets > Sewer > Drainage > Water > Airports > GIS > Electrical Power

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Three locations including Sioux Falls, SD 605-339-4157

orders, visit the YouthRules! website at www.youthrules.gov. For additional information on the Fair Labor Standards Act, visit the Wage and Hour Division Web site: http://www.dol.gov/whd/ or call the 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. ■

Recent Directory Updates For the 2021-2022 Directory of South Dakota Municipal Oﬃcials

The list below reflects updates to the directory received since the list included in the Feb. SD Municipalities magazine. Municipality Alcester Big Stone City Hosmer Hot Springs Kadoka McLaughlin Mitchell Mobridge Parker Ramona Spearfish Spearfish

Delete PC Jeff Christic FO Maria Loughlin FO Barb Geinger ADM John Gregory ATT Alvin Pahlke

AIR Cody Aberle ES Rob Buller T Ross Dixon PWD Brandy Kean

Add PC Austin Schuller FO Jane Stoudt ADM Jeff Temple ATT Stephanie Trask FO Jaycee Gehring PD Mark Jenniges AIR Brady Fuhrer ES Tanner Plucker T Tony Fischer PWD Kyle Hinton ADM Steve McFarland

Miss an update? Go online to sdmunicipalleague.org for a comprehensive list of updates since printing.

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Small Communities Eligible for Water Infrastructure Grant The Department of Agriculture and Natural Resources encourages communities to apply for the Small Community Planning Grant Program, which promotes a proactive approach to water and wastewater infrastructure management. The program provides small communities funds to hire an engineering consultant to develop a project specific engineering report. The engineering report's level of detail will be on par with the facilities plan required for Clean Water State Revolving Fund (SRF) Program projects. The grant is available to systems serving a population of 2,500 or fewer. The project sponsor must be an entity of government (county, municipality, or township), or a special purpose district with the authority to construct a water or wastewater project (sanitary, water user, watershed, or water project). Nonprofit organizations are also eligible provided they were formed for the primary purpose of supplying water or sanitary service.

a water engineering study and up to $10,000 for a wastewater related study. The remaining cost will be paid by the community and may consist of local cash or other non-state grant assistance. In-kind contributions will not be accepted as local match. Applications are available online at danr.sd.gov and are reviewed as they are submitted. Grants may be awarded at any time on a first-come, first-served basis. ■

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100

Communities will be reimbursed 80% of the cost of the engineering study upon completion of the engineering report. A community may receive up to $8,000 for

In Rememberance

Jerry Lutkemeier, Mayor of Wilmot

Jerry Lutkemeier, age 61, of Wilmot, SD, passed away on January 24, 2022, at Milbank Area Hospital – Avera Health. Jerry Robert Lutkemeier was born on December 18, 1960, in Milbank, SD. He was the son of Robert LeRoy and Leta (Uhden) Lutkemeier. Jerry was a life-long resident of Wilmot (except for one year). He graduated from Wilmot High School. He was united in marriage with Denise Madsen on June 4, 1983, in Wilmot. Jerry and Denise were blessed with two children: Nathan and Whitney.

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Jerry’s life-long career was in building construction. He served his community as a former city councilman and was the current Mayor of Wilmot. He was a faithful member of First Presbyterian Church and was a Commissioned Ruling Elder in the Presbytery of South Dakota. Jerry loved his church and enjoyed preaching and sharing the work of the Presbytery. Jerry was an avid outdoorsman. He loved coyote hunting! He adored his grandchildren and was a proud grandpa! Left to cherish his memory are his wife of 38 years, Denise of Wilmot, SD; his children: Nathan (Laura) Lutkemeier of Mapleton, ND; and Whitney Lutkemeier of Pierre, SD; three grandchildren: Benson, Harper, and Baylor; two brothers: James (Francis) Lutkemeier of Wilmot, SD; and Joel Lutkemeier of Wilmot, SD. Jerry was preceded in death by his parents: Robert and Leta; and one grandson, Hudson. ■

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Grants Available for Outdoor Recreation PIERRE, S.D. – South Dakota State Parks and Recreation Director Scott Simpson announced recently that applications are being accepted for grants from the Land and Water Conservation Fund (LWCF). Public outdoor recreation projects sponsored by city, county, township, and tribal governments are eligible to receive the grant money. “Outdoor recreation is vital to a thriving community,” Simpson said. “The variety of recreational activities that local parks have to offer allows families to spend time together close to home.” The Land and Water Conservation Fund provides up to 50 percent reimbursement for approved outdoor recreation projects. “Grants will be awarded for development or renovation of public outdoor recreation facilities or the acquisition of park land. We will consider grant requests for public outdoor recreation projects seeking at least $10,000 in grant assistance,” Simpson said.

City Management Assoc Scholarship Available Applications are now open for the Professional Development Scholarship from the SD City Management Association (SDCMA). The scholarship fund awards up to $2,000 to a member of SDCMA to be used towards education and training. As part of the scholarship, the winner must also share their experience from the training with the association membership during the annual spring training. The scholarship may be awarded to more than one applicant at the discretion of the Board. SDCMA will reimburse the City of the scholarship recipient expenses related to registration, airfare, lodging, transportation, and meals not included in the conference package. Recipient is responsible for keeping all receipts and submitting them to SDML for reimbursement. All reimbursement costs are subject to SDCMA board approval. Additional information can be found at www.sdmunicipalleague. org/citymanagement. Completed applications are due to SDML, 208 Island Drive, Fort Pierre, SD 57532 or fax to 605-224-8655 no later than May 1, 2022, to be considered for the scholarship. ■

GUIDING VIBRANT COMMUNITIES ENGINEERING ■ SURVEYING ■ PLANNING ■ DESIGN

The application deadline is April 29, 2022. LWCF funds are federal dollars that are apportioned to states by Congress to fund public outdoor recreation projects. Application packets are available on the Game, Fish, and Parks website. For more information contact Grants Coordinator Randy Kittle at 605.773.5490 or by email at randy.kittle@state.sd.us. ■ SNYDER-ASSOCIATES.COM

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S D PA A N e w s

DAVE PFEIFLE SDPAA EXECUTIVE DIRECTOR

Happy Public Risk Management Awareness Day! March 1 is national Public Risk Management Awareness Day. The Port of Corpus Christi Authority, Texas, established the day in 2019 because “the political subdivisions of the state, by their very nature, have a unique set of inherent risks.” The day recognizes the public sector employees who must “reduce, transfer, accept or mitigate those risks, which allows for fiscal stability, decreased liability, reduced reputation risk for the public entity and improved safety.” On behalf the SDPAA, thank you to all public servants who are working to reduce risks for their public entity and the public they serve. Anyone in public service can appreciate those many inherent risks. Over the span of 24 years as a city attorney and a state’s attorney in South Dakota, I became immersed in addressing the risks encountered by local governments. Those clients were SDPAA Members (of course!) who relied extensively on the SDPAA and their vendor, Safety Benefits, Inc. of South Dakota (SBI), for all their risk management needs. The SDPAA has teamed with SBI almost since the beginning of the SDPAA in 1987. SBI’s services are part of your SDPAA membership, including on-site loss control surveys every three years and other risk consultations by request. SBI also 40

offers model policies and trainings on hundreds of topics along with access to the Employment and Government Practices and Elections hotlines for a free consultation with a legal expert on any acute risks. My public entity clients and I availed ourselves of these timely and beneficial services. My own positive experience with these services was a major motivation for me to apply for this position with the SDPAA. The SBI team members assisting SDPAA Members have had long careers in public service, so they have developed unique skillsets and insights. SBI is owned by Tracie and Todd Everson. Tracie has over two decades of experience in public sector risk management and nearly a decade of experience as a private sector safety manager. Prior to moving to South Dakota, Tracie was the Loss Control Manager at the League of Minnesota Cities Insurance Trust where she managed all safety and loss control initiatives for the municipalities of Minnesota. She maintains the highest certifications in the risk management field and is a certified trainer and/or inspector on many topics. Todd has an extensive background in building construction and road construction/maintenance. Prior to joining SBI, Todd was the Highway Superintendent for Aurora County, an Industrial Technology Teacher at the high school level, and the Physical Plant Manager at the State Training School in Plankinton,

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SD. Todd also spent more than 10 years as a carpenter in the US Air Force. Todd maintains the highest certifications to train and/or inspect on many topics. The SBI’s law enforcement agency site surveys and trainings are led by Jeff Lanning and Matt Petersen. Jeff worked in law enforcement for 30 years as a deputy sheriff and a SD Highway Patrol trooper. He was an accident reconstructionist, taught accident investigation at the state level, and was a field training officer for new officers. Jeff also taught law enforcement courses as an adjunct instructor at Dakota Wesleyan University. Matt has over two decades of experience as a local corrections oﬃcer and a SD Highway Patrol trooper. He was a reconstruction specialist and taught basic, intermediate, and advanced crash investigation at Law Enforcement Training in Pierre. Matt was a field training oﬃcer for the SD Highway Patrol and was involved in teaching for the last 15 years of his law enforcement career. Jeff and Matt can empathize with any law enforcement issues a local public entity may experience in South Dakota. Trainings are an integral component of any risk management program. The above demonstrates the SBI team has a high level of proficiency for training on any local government issues. As you know from our last article, the SDPAA through

SBI annually provides thousands of hours of training opportunities either in-person or virtually for thousands of public entity employees across South Dakota. We will continue to expand our training opportunities to ensure you have the most up-to-date trainings on the most pressing issues facing local governments today. Watch for an upcoming new program on cybersecurity. The SDPAA and SBI want to assist you in managing your public entity’s risks. No private insurer would offer your public entity such a comprehensive risk management program. If you have any questions or would like your public entity to explore becoming a Member of the SDPAA, please contact the SDPAA at 800-658-3633 option 2 or by email at sdpaa@sdmunicipalleague.org. ■

Martinec Departs SDML Staff At the end of February, Lori Martinec resigned from her position with the South Dakota Municipal League staff, where she served as the Director of Research and Training for the past seven years. “Lori has been a star on our staff for the last seven years, and while we are very sad to see her leave, we wish her the best of luck in her new position,” said SDML Executive Director Yvonne Taylor. Martinec was named the new Opioid Program Director for the SD Department of Health based out of Pierre, SD. The vacant Director of Research and Training position opened for applications in early February. The position is open until filled, and the first review of applications took place Feb. 25. Visit www. sdmunicipalleague.org/jobs for more information. Until the position is filled, SDML members should contact Oﬃce Manager Lisa Nold, 605.224.8654, who will direct them to the person covering those duties. ■

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COLUMN

WASHINGTON REPORT REPRESENTATIVE DUSTY JOHNSON

Ocean Shipping Carriers: It’s Time to Realign the Interest of Shippers and Ocean Carriers When the global pandemic hit our shores in 2020, like a cog in a machine, America’s supply chain quickly came to a halt. Outbreaks at processing plants stymied production, forcing dairy farmers to dump milk, cattle producers to slow growth rates, and pork producers to cull production. These were just the shortterm effects. COVID-19 relief packages bolstered social safety net programs – expanding welfare program eligibility for millions of Americans. Stimulus checks coupled with lockdowns allowed Americans to save more money compared to historical norms, leading to what we’re seeing today: increased spending on goods instead of dinning, entertainment, and other services. Cue the long-term effects. Port backups. Empty shelves. Delayed orders. Workforce shortages. Covid outbreaks. Record-breaking ocean carrier profits. Inflation. Supply chain delays and port backlogs impact all of us – whether you’re a business owner, consumer, or agriculture producer – we’ve all felt the strain. There’s been a lot of talk and concern about goods coming in, but this supply chain crisis is a two-front battle. The second being the delays and financial losses American exporters are facing.

While COVID-19 has exacerbated issues with our supply chain, a lot of these issues existed beforehand and have been worsened by outdated policy that encourages bad behavior by ocean carriers. This bad behavior was brought to the forefront at the peak of the pandemic when the backlog of ships at the port stretched miles long. For context, the 2014 port congestion record was 48 total vessels, the 2021 backup record was 154 vessels. Import shipping rates from China to the U.S. for forty-foot containers have always been priced higher than containers being exported from the U.S. to China, but now it's become financially advantageous for ocean shippers to directly cancel export obligations. Spot rates remain near historic highs for container shipping; the boom shows no sign of ending. This unprecedented backlog shifted the way foreign flagged ocean carriers do business. Instead of reloading at American ports to bring U.S. exports across the Pacific – ocean carriers began turning around with their empty containers, leaving U.S. exports stranded. While the largest ocean carriers saw profits more than triple in 2021, in just six months, the U.S. dairy sector incurred nearly $1.3 billion in losses due to container availability issues. Valley Queen Cheese, a South Dakota dairy exporter, had more than 2 million pounds of sold and ready-to-ship lactose stuck in its warehouse because they couldn’t get an empty container to take it overseas. Just this week, dry pea and lentil processors are having 30-50% of their bookings canceled without reason. According to a survey by the Ag Transportation Coalition, agriculture exporters

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report that 22% of their export sales are lost because it is not possible to deliver to foreign customers affordably and dependably due to supply chain delays. Ag shippers are considering expensive air freight at massive losses just to maintain customer relationships built up over decades in markets we fought hard to access. Delays threaten producers’ bottom-line, and even worse, their reputation as a reliable trading partner. American consumers facing issues to access items like toilet paper and dishwashers is a problem; American businesses and agriculture producers not being able to ship millions of dollars in produce, grain,

and meat overseas is a major financial crisis in the making. That’s why Congressman John Garamendi (D-CA) and I teamed up to introduce the Ocean Shipping Reform Act (OSRA) early last year. Our bipartisan bill is the first major update of federal global shipping regulations since 1998. China and the foreign flagged ocean carriers aren’t playing fair, and accountability is long overdue. If you want to do business with American ports, you need to play by our basic rules. OSRA projects American consumers and producers from price gouging by foreign carriers and establishes

minimum service standards to ensure best practices. It would also prohibit ocean carriers from unreasonably declining shipments of U.S. exports and from slapping undeserved fees on our exporters. More than 360 national, state and local groups, and businesses support OSRA. We were proud to see OSRA pass the House (364-60) in December and was included in an amendment to the COMPETES Act with an even stronger vote. This emergency isn’t going away anytime soon – that’s why it’s urgent the Senate passes OSRA expediently. We cannot continue to allow foreign entities to crush American profits and enable lengthy delays any longer. ■

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CLASSIFIEDS

JOB OPPORTUNITIES ADMINISTRATIVE ASSISTANT II – CITY OF MADISON, SD. Responsible for administrative duties, providing customer service and coordinating with departments on behalf of the Engineering and Community Development department. Assist and coordinate in various FEMA projects and coordinate with contractors, general public and other personnel to communicate the needs of planning and zoning, building permits, sidewalk inspection and assessment program, inspection records and other areas as needed. Work in various computerized databases and software programs, maintain inventory records, assisting with budget as needed and coordinating correspondence, board minutes and other material and letters. Apply at www.cityofmadisonsd.com. Review of applications will begin immediately. Open until filled. EOE. ADMINISTRATIVE COORDINATOR – CITY OF MADISON, SD. Responsible for coordinating the administrative functions of the Streets, Parks, Solid Waste, Recycling, Water/Wastewater, and Distribution/Collection departments. Organizes special city-wide projects, processes department invoices in accounting software, monitors budgets, assists in financial reports, and maintains electronic and paper files

for departments. Works closely with the garden plot rental program, sale of recyclable materials, meter change outs, and assisting departments with restricted use site appointments. Does research, preparation of reports, publications, tables and charts and also communicates to the community for media alerts and emergency information. Apply at www. cityofmadisonsd.com. EOE. BUILDING MAINTENANCE OPERATOR – CITY OF MADISON, SD. Responsible for maintenance and repairs of city buildings, plumbing, heating, HVAC, and inspection of certain equipment and facilities. Complete some janitorial duties and/or coordinate maintenance and repairs with contractors and departments and work to ensure safe and clean facilities for the City of Madison. Responsible for maintenance and repairs at the aquatic pools and working with departments for the setup, winterization, and chemical testing at the pools. Coordinate major pool repairs and maintenance with contractors for the aquatic center and community center pool. Open until filled. Apply at www.cityofmadisonsd.com. EOE. CHIEF DENTAL OFFICER - CITY OF SIOUX FALLS, SD. Provide dental services as the lead dentist at Falls Community Health (FCH), including school-based settings. Develop and

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CLASSIFIEDS oversee the delivery of an effective and efficient Dental Quality Plan at FCH, ensuring high quality services, adequate patient access, and optimal patient experience, financial and care outcomes. Supervise and mentor dentists. Ensure integration between the dental programs and other community health operations. Hiring range, DOQ: $6,288.00 - $8,236.80 bi-weekly. Learn more apply online at www.siouxfalls.org/ careers. Closes March 9, 2022. EOE. CITY PLANNER - CITY OF SPEARFISH, SD. Directs and administers planning and development activities for the city and for the administration of the city’s zoning ordinance, subdivision regulations, and comprehensive plan. Requires knowledge and level of competency commonly associated with the completion of a baccalaureate degree in a course of study related to occupational field. Three to five years of related experience desired. Full-time position; requires residency within a distance adequate to meet a 30-minute response time requirement. Apply at www.cityofspearfish. com; also submit resume and cover letter. Starting salary: $82,097.60 annually, DOQ. Competitive benefit package. Open until filled. EOE. CODE ENFORCEMENT OFFICER – CITY OF SPEARFISH, SD. This position is responsible for the enforcement of city codes and ordinances. Knowledge and level of competency commonly associated with completion of specialized training in the field of work, in addition to basic skills typically associated with a high school education. Sufficient experience to understand the basic principles relevant to the major duties of the position, usually associated with the completion of an apprenticeship/internship or having had a similar position for one to two years. Apply at: www.cityofspearfish.com. Include resume and cover letter. Starting wage: $21.82 per hour. Competitive benefit package. Open until filled. EOE. COMMUNICATIONS OFFICER – CITY OF PIERRE, SD. Work as part of a team operating the Central South Dakota Communications Center, the 911-Emergency Dispatch Center for central South Dakota. Receive calls for assistance from the public, document and dispatch appropriate public safety personnel for those calls. Receive, process, and send radio communications for various law enforcement agencies, emergency medical services, and local Fire Departments. 40 hours per week - shift work. Salary: $19.49 minimum plus comprehensive benefit package. Open until filled. Apply: Human Resources Office, City of Pierre, Box 125, Pierre, SD 57501, Phone (605) 773-7429 or www.cityofpierre.org. EOE. DEPUTY ADMINISTRATOR – POLK COUNTY, MN (pop. 31,524). Responsible for providing assistance and support to the County Administrator by carrying out special projects and leading departments. Serves on administrative management team to make policy and management decisions for the County and performs leadership and staffing to the County Board for committees and projects. Performs a wide variety of work involving continual public, intergovernmental, and interdepartmental relations. Acts in the absence of the County Administrator and performs skilled and responsible technical

analysis and administrative functions in planning, organizing, directing, and supervising county-wide administrative policies, activities, and other services. Salary range: $102,274 to $130,021. Apply: daviddrown.hiringplatform.com. Closes March 4, 2022. DEVELOPMENT MANAGER, PUBLIC WORKS DEPARTMENT - CITY OF RAPID CITY, SD. Responsible for managing the development and implementation of highlevel Public Works programs and projects as assigned. Provides direct project management services and supports Public Works Divisions. Coordinates, manages, and monitors the progress of various projects and programs at all stages of development to ensure timely/efficient/cost effective outcomes, and performs related work as required. Starting salary is $2,7858.10 - $3,008.71 biweekly with generous benefits and retirement options. Open until filled. More information/apply at www.governmentjobs.com/careers/ rapidcity. DIRECTOR OF RESEARCH AND TRAINING – SOUTH DAKOTA MUNICIPAL LEAGUE, FORT PIERRE, SD. Assists the Executive Director in carrying out the functions of the League, including government relations, research, publications, conferences, and training programs. Organizes and coordinates training and educational programs for municipal oﬃcials. Tracks and communicates federal issues. Serves as primary coordinator of services to aﬃliate groups. Salary: $60,000 to $70,000 per year plus full benefits. Learn more: www.sdmuncipalleague.org/jobs. Open until filled; first review of applications Feb. 25. ENGINEERING SERVICES ADMINISTRATION ASSISTANT I - CITY OF RAPID CITY, SD. The Department of Public Works is seeking an experienced Engineering Services Administrative Assistant to provide clerical and administrative support for our Engineering Division. This position will provide initial customer service by answering phones and directing calls to appropriate individuals throughout the department. Starting level and salary will depend on experience, wages starting $16.53 - $21.39 hourly. Learn more: https://www. governmentjobs.com/careers/rapidcity. Open until filled. EXECUTIVE DIRECTOR - MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION, MINNEAPOLIS, MN. Serves as principal administrator for the Mississippi Watershed Management Organization to ensure implementation of the watershed policies, standards, projects, programs, and regulations as set forth by MN State Statutes and Rules and the MWMO Board of Commissioners in the watershed management plan, joint and cooperative agreement, bylaws and handbook. The Executive Director works for and reports to the MWMO Board of Commissioners. Salary: $105,400 to $156,800. View full position profile at ddahumanresources. com/active-searches. Closes March 9, 2022. FACILITIES DIRECTOR - CITY OF DEADWOOD, SD. Duties include, but are not limited to, performing routine and complex administrative work in planning, organizing, coordinating,

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CLASSIFIEDS and administering public facilities, as well as special events. Manage risk exposure for all city employees, property, and events. Manage all aspects of the city’s IT infrastructure. Submit resume and cover letter to Deadwood Finance Oﬃce at 102 Sherman Street, Deadwood, SD 57732. Wage will depend on experience. For additional information call (605) 578-2600. Open until filled. EOE. FINANCE DIRECTOR/TREASURER - CITY OF ALLIANCE, NE. The City of Alliance, Nebraska (8,000 pop.) is looking for its next Finance Director/Treasurer due to an upcoming retirement. The City is seeking an innovative and collaborative professional with proven managerial and leadership experience, as well as strong interpersonal and customer service skills. To learn more about the community, position including other qualifications that will be considered, and access the supplemental questionnaire visit www. cityofalliance.net. To be considered for this position, please email your resume with three professional references, a cover letter, and a response to required questions to: jobs@ cityofalliance.net. Position open until filled. The first review: March 31, 2022. FINANCE OFFICER - CITY OF CLEAR LAKE, SD. Performs routine clerical, secretarial, administrative work in answering phones, receiving the public concerns, providing customer assistance, monthly reporting, data processing, and bookkeeping. Directs, organizes, and supervises the utility billing operations and accounting operations of the city, maintains the oﬃcial records of the city, and performs related work as required. Excellent benefits, annual salary DOE. Send cover letter and resume to PO Box 107, Clear Lake, SD 57226 or emailed to clcity@itctel.com. Apply online and learn more at http://www.clearlakesd.com/employment/. Open until filled. GOLF COURSE SUPERINTENDENT – CITY OF PIERRE, SD. Responsible for overseeing the operation and maintenance of Hillsview Golf Course, a municipal golf course and its facilities. Hillsview Golf Course is an 18-Hole, Par 72 Championship Public Golf Course set in the scenic Missouri River Valley. On average over 30,000 rounds of golf are played during the season which typically runs March-Nov. Salary: $63,229.03 minimum plus comprehensive benefit package. Learn more and apply at www.cityofpierre.org or Laurie Gronlund, HR Director, City of Pierre, PO Box 1253, Pierre SD 57501, (605)773-7429. Open until filled. EEO. HEAVY EQUIPMENT OPERATOR – CITY OF PIERRE, SD. Responsible for operating a variety of heavy equipment used in installing, maintaining, and repairing water and sewer lines and mains. Ability to perform manual labor which involves heavy lifting. Experience operating equipment such as a backhoe, motor grader, excavator, ditch-witch, boom truck, and front-end loader. Possession of a CDL within 90 days required. Experience in water and sewer main installation and repair desirable. Salary: $21.51 minimum. Comprehensive benefit package. Applications to: City of Pierre Human

Resources Director, P.O. Box 1253, Pierre SD 57501, (605) 773-7429, www.cityofpierre.org. Open until filled. EOE. HUMAN RESOURCES SPECIALIST – CITY OF MADISON, SD. Processing payroll, reconciling benefit billing, coordinating with employees in areas such as benefits, workers compensation, and other HR related duties. Works closely with HR Director, departments, employees, and is required to maintain a high level of confidentiality. Assist with administrative duties, scheduling meetings, communicating, and coordinating with other departments as needed. Filing, maintaining records, and tracking employee benefits, enrollments, and benefit changes. Conducts research, prepares reports, state reporting and assists the HR Director as needed. Apply at www.cityofmadisonsd.com. Review of applications will begin immediately. Open until filled. EOE. IT NETWORK ENGINEER - GOODHUE COUNTY, MN. The primary objective of this position is to provide critical support for the entire County networking environment of physical and virtual servers, operating systems, application programs, networking equipment, SANs, and data backup systems. The position provides server and network support, application and database support, and other technical support. Work is generally performed in the oﬃce; however, there are some possibilities for limited remote work. Salary Range: $63,856 to $91,374. Open until filled; preference given to applications received by Feb. 4, 2022. Apply: Visit https://bit.ly/3q4KW7V. LIBRARY DIRECTOR - CITY OF PIERRE, SD. Seeking a passionate individual with solid leadership skills and a strong service orientation. Master of Library Science degree, or equivalent, from an American Library Association accredited university and proven successful public library management experience is preferred. Experience working with children, children’s programming, public interaction, customer service, strong interpersonal skills and strong computer research skills are highly desirable. Salary: $85,036.02 minimum plus comprehensive benefit package. Up to $2,000 annual educational assistance available. Applications: www. cityofpierre.org. Open until filled. EOE. MAINTENANCE DISTRIBUTION CREW LEADER MISSOURI RIVER ENERGY SERVICES (MRES). Oversee the day-to-day activities regarding operations and maintenance of the municipal electric utility distribution systems under contract to MRES in a safe and eﬃcient manner in Jackson and Lakefield, MN. Performs the operation, construction, reconstruction, maintenance, and repair of the electrical distribution systems and associated equipment. Maintains the inventory, time, and material records for all work performed. Establishes work priority schedules and assigns daily duties. Competitive wages, benefits package, and outstanding work environment. Compensation based on education and experience. Apply with resume to hr@mrenergy.com. Closes March 11, 2022.

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CLASSIFIEDS MECHANIC - CITY OF MITCHELL, SD. Repairs and maintains mechanical, diesel, and automotive equipment. Repairs engines, hydraulics, transmissions, electrical components, brakes, steering, suspension, drivelines, body-frames, etc. Performs basic service work on equipment; performs oil changes, battery checks, tire inspections, and lube checks. Operates diagnostic and testing equipment. Maintains a clean and tidy repair shop and maintains inventory of parts and supplies. Operates a variety of shop equipment, machinery, precision instruments, and specialized tools. Performs related duties as assigned. Must have or be able to readily obtain a valid Class B CDL. $22.21/hr starting wage. Open until filled. EOE. Learn more at www.cityofmitchell.org.

PATROL OFFICER (FULL-TIME) – CITY OF DEADWOOD, SD. Essential duties include those related to the enforcement of Federal, State and Local Laws and Ordinances; protection of life and property and public assistance; develop proactive plans within the department and in partnership with the community of Deadwood. Certified officers are preferred but not mandatory. Un-certified officers must be certified within one year of hire. Starting wage for uncertified officers is $23.22. Starting wage for certified officers is $25.79. South Dakota LET applications are available at the Deadwood Police Department; submit to Chief Ken Mertens, 100 Sherman Street, Deadwood, SD 57732. For more information call Chief Mertens at (605) 578-2623. EOE.

PARK MAINTENANCE I – SEASONAL – CITY OF MADISON, SD. Performing various labor tasks associated with the parks department to include all park areas, public properties, and recreation trails. Operate equipment, trim trees and hedges, perform raking, weeding, planting and watering of flowers as needed. Assist in preparation of ball diamonds and perform cleaning of restrooms as needed. Hours are 7 a.m.-4 p.m. MF; could be called in after hours on evening and weekends based on events and services that need to be completed. Wage starts at $13/hr and is based on experience. Open until filled. Apply at www.cityofmadisonsd.com. EOE.

POLICE OFFICER - CITY OF GROTON, SD. Position available for full-time Police Oﬃcer in Groton, SD. Application and job description may be found at: https://www.city.grotonsd. gov/jobs.html. For more information, call 605-397-8422. Open until filled. EOE.

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POLICE OFFICER - CITY OF SPEARFISH, SD. Enforce local, state, and federal laws; prevent and suppress crime and accidents; promote public safety through community policing principles. Full-time position. Preference given to candidates with Law Enforcement Oﬃcers Standards and

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CLASSIFIEDS Training Commission Certificate; must have ability to obtain within one year from hiring date. Requires availability to work all shifts - weekends and holidays – and residency within a distance adequate to meet a 30-min response time. Apply: Complete online application process at www.cityofspearfish. com. Starting wage: $25.31 per hour; competitive benefit package. Open until filled. EOE.

(SOUTH DAKOTA & WESTERN MINNESOTA) - MINNESOTA MUNICIPAL UTILITIES ASSOCIATION. Serves as safety coordinator for a group of cities and public power electric utilities located in South Dakota and Western Minnesota. Duties include identifying, developing and delivering training and ensuring compliance with regulatory and safety standards. Applicants must possess a strong background in OSHA/safety compliance and solid teaching skills. Safety professionals having technical lineworker skills are an advantage but not required. Travel required. Salary DOE. Submit resume and cover letter to: Mike Willetts, MMUA, 3131 Fernbrook Lane North, Suite 200, Plymouth, MN 55447. mwilletts@mmua.org. EEO.

PUBLIC WORKS DIRECTOR - CITY OF BROOKINGS, SD. The Public Works Department was created in October 2020, after the consolidation of the Street, Engineering, and Solid Waste Divisions. This allowed for increased cooperation, collaboration, and resource maximization as well as other eﬃciency and effectiveness improvements. The Department has a 2022 operating budget of $372,357 and a capital budget of $3.2 million. The Public Works team is comprised of 30+ FTEs who are responsible for Engineering Services, Stormwater Management, Street Maintenance, Snow Removal, Mosquito Control, Garbage/Recycling/Yard Waste Collection, Brookings Regional Landfill, and the Brookings Regional Airport. Salary range: $106,222 to $143,712 DOQ. Learn more and apply: www.governmentresource.com. Closes March 10.

STREET MAINTENANCE WORKER – CITY OF PIERRE, SD. Responsible for manual labor and operating street sweepers and snowplows to maintain city streets. Manual labor, such as shoveling, raking asphalt, etc. is required. Skill in operating and maintaining equipment such as street sweeper, truck, roller, snowplow, skid steer, and front-end loader. Must have possession of or ability to obtain a Class B CDL with air brakes and tanker endorsements. Salary: $18.55/hr minimum plus comprehensive benefit package. Open until filled. Apply: City of Pierre Human Resources

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CLASSIFIEDS Director, P.O. Box 1253, Pierre SD 57501, (605) 773-7429, www.cityofpierre.org. EOE. TRAVELING CODE ENFORCEMENT OFFICER - CODE ENFORCEMENT SPECIALISTS. Code Enforcement Specialists, a rapidly growing independent company specializing in code enforcement for small and medium sized communities, is looking for an individual willing to do some travel and perform code enforcement services. Excellent pay and hours are flexible. Experience is not necessary, but a background in law enforcement would be helpful. On-thejob training is provided. Please inquire at (605) 208-0786 for details. WATER PLANT/SYSTEM SPECIALIST – CITY OF PIERRE, SD. Responsible for the operation and maintenance of the City’s new state of the art Water Treatment Facility and drinking water systems. Qualified applicants must have the ability to learn water treatment techniques and be able to perform a multitude of hands-on maintenance activities that pertain to drinking water systems. Salary: $20.48/hr minimum plus comprehensive benefit. Learn more and apply at: City of Pierre Human Resources Director, PO Box 1253, Pierre SD 57501, (605)773-7429, www.cityofpierre.org. Open until filled. EOE.

WATER UTILITY REPAIR TECHNICIAN I, II, OR III - CITY OF RAPID CITY, SD. The Department of Public Works, Water Division, is seeking a Utility Repair Technician that will perform skilled specialized work in maintenance, repair, and inspection of the water distribution system. Starting salary is $20.41 – 22.71 hourly with generous benefits and retirement options. Open until filled. For more information and to apply, visit https://www.governmentjobs.com/careers/rapidcity.

MORE ONLINE Find full descriptions, links to applications, more listings, or place an ad online:

SDmunicipalleague.org/classifieds CLASSIFIEDS POLICY: $50 per submission. SDML members receive classified ads for free as part of their membership. Includes a listing on the SDML classifieds webpage and in the next issue of the SD Municipalities magazine if received by the 5th the month preceding the publication date. Submissions may be subject to editing. ■

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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

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At least one day before the election – The Finance Officer must deliver the precinct registration lists to the local election officials. (SDCL 12-424; 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 50

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) [Municipal Calendar] 106 At least six days prior to the last Tuesday of March – The county director of equalization must publish

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; 9-13-37; 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

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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 Urban Renewal Agency must file a similar report with the AuditorGeneral 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. ■ by January 14 of the election year. (SDCL 9-13-1) 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. ■

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