South Dakota Municipalities - March 2023

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The Magazine of the South Dakota Municipal League March 2023 | Volume 89 | Number 9 MUNICIPALITIES South Dakota Review FLSA, Seasonal/Temporary Employees and Child Labor Laws Before You Hire ► p. 6-14 Summer Help IS ON THE WAY

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Features

PRESIDENT

Amy Leon City Manager, Yankton

1st VICE PRESIDENT

Harry Weller Mayor, Kadoka

2nd VICE PRESIDENT

Carolynn Anderson Finance Offi  cer, Wall

TRUSTEES

Fay Bueno

Finance Offi  cer, Sturgis

Alex Jensen

Councilmember, Sioux Falls

Lance Lehmann

Councilmember, Rapid City

Dawn Murphy

Finance Offi  cer, Tea

Leland Treichel

Mayor, Roscoe

PAST PRESIDENT

Steve Allender

Mayor, Rapid City

DISTRICT CHAIRS

Dist. 1 | Mike Grosek Mayor, Webster

Dist. 2 | Paullyn Carey Finance Director, Huron

Dist. 3 | Derick Wenck Mayor, Harrisburg

Dist. 4 | Chandra Phillips Finance Offi  cer, Winner

Dist. 5 | Renae Phinney Board President, Ree Heights

Dist. 6 | Rick Boschee Mayor, Bowdle

Dist. 7 | Gary Weismantel Mayor, Herreid

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

Dist. 10 | Michelle DeNeui Finance Offi  cer, Spearfi sh

Director of Finance

Carla McGregor  Accounting Assistant

Chris Hill  Director of Municipal Electric Services Vacant  Offi  ce Manager

SD Public Assurance Alliance

David Pfeifl e  Executive Director

Lynn Bren  Deputy Director

Becky Brunsing Member Services Representative

Jerry Krambeck Member Services Representative

Kristina Peterson  Underwriter Paytra Nichols  Underwriter sdmunicipalleague.org

SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the offi  cial 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 offi  ces. 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.

Seasonal Hiring Feature  Review FLSA, Seasonal/Temporary Employees      and Child Labor Laws Before You Hire 6  FLSA Child Labor Regulations Refresher ........... 7  Application of the Federal Child Labor Provisions      to the Employment of Lifeguards 12 Funding Available for Outdoor Recreation 14 Electric Conference Agenda 16 DANR Water Infrastructure Grant 17 City Highlight | Gregory 20 Nold Takes on New Role at SDML ........................ 24 Municipal Sales & Gross Receipts Taxes 26 Nominations Open for Finance Offi  cer of the Year 26 Emeral Ash Borer Quarantine Extended 30 Code Enforcement Conference Agenda................ 30 Sheriffs' & Police Chiefs' Conference Highlights 31 City Management Training Scholarship ................. 31 Street Maintenance Spring Meeting Agenda 35 Columns Director’s Notes 4 President’s Report ................................................. 5 SDMEA Hometown Power 16 SDPAA News ....................................................... 18 Risk-Sharing News 22 Washington Report | Rep. Johnson 34  Stay Informed Upcoming SDML Events .................................... 25 Hometown Happenings 27 Resource Roundup 28 Directory Updates 31 Classifi eds 35 Municipal Calendar 41 Official Monthly Publication | Member of the National League of Cities Managing Editor: David Reiss | Editor: Emilie Miller BOARD OF DIRECTORS LEAGUE STAFF
Executive Director
David Reiss
Sara Rankin  Director of Research and Training
Emilie Miller Director of Marketing and Communications  Lisa Nold  Director of Risk Sharing Services  Lori Butler
| 1.800.658.3633 | Fax: 605.224.8655
MUNICIPALITIES 3 March 2023 sdmunicipalleague.org | 1.800.658.3633
Cover photo: iStock.com/Hero Images SOUTH DAKOTA

DIRECTOR’S NOTES

This edition of the magazine is reaching you just as we wrap up the 2023 legislative session. The SDML team has also been hard at work for several months preparing for district meetings, spring trainings, and preliminary conference planning.

As a new director, I have experienced a whole lot of policy making and politics at the capitol. Even as I write this message, I can tell you that experience has brought lessons aplenty in what to do - and some lessons of what not to do - during legislative session. Our legislative team works extremely hard and I am lucky to have great people around me to support the SDML mission and to provide invaluable guidance as a new executive director.

I look forward to reviewing the legislative session, discussing much of what I learned, and discussing law change outcomes at the SDML 2023 district meetings throughout March. This is my first opportunity as director to meet many of you

face-to-face and I am excited to travel to each district to discuss this session’s happenings and the exciting changes coming for the South Dakota Municipal League. We’ll see you in Sisseton (March 14), Huron (March 15), Alcester (March 16), Onida (March 20), Hecla (March 21), Akaska (March 22), Geddes (March 23), Faith (March 28), Hot Springs (March 29), and Murdo (March 30). We are looking forward to visiting our members locally and having a great time!

As we wrap up the 2022-2023 legislative session and move into spring, the South Dakota Municipal League will be changing due to staff retirements, which means you’ll soon see some new faces. Spring is a time of renewal and I am excited to see different perspectives and ideas that will come with changing staff while we uphold the roles and works of our predecessors. We are working on some exciting things on behalf of our membership, the services we offer you and members of our pools, and look forward to growing our organizational capacity in 2023.

We are always available to you and I urge you to contact us if you have municipal issues or questions at 1-800-658-3633 or via email at david@sdmunicipalleague.org. ■

register for district meetings! sdmu nicipalleague.org/events
4 SOUTH DAKOTA MUNICIPALITIES | March 2023 COLUMN

Most of our towns are small enough that you  don’t have to know exactly WHAT you are doing  (everyone else already does), but we should know  WHY we are doing it.

Today it can be diffi  cult to fi nd the “why” in any  public service. Consensus building is diffi  cult, and  our communities seem more divided than ever. You  might think it’s silly or redundant for a city to have  a mission statement - don’t we all already know  what cities do? I would bet if you surveyed your  city staff and elected offi  cials, you’d get quite a lot  of different ideas about what the core services are  that you provide.

A mission statement can provide you with a  fi rm and clear understanding of why you exist.  If your city doesn’t have a mission statement, I  recommend getting your stakeholders together  and drafting one.

The time spent developing the mission statement  will help your organization and community. Your  mission statement will give you purpose. Day to  day it can be easy to forget how important our work  is, but without clear guiding principles, health and  safety can end up compromised.

The mission statement also offers focus when  things get messy. All city leaders have times when  we wonder whether we should even be involved  in a particular issue or community project. A good  mission statement can tell you whether you, as a  local government, should step out or step up. It  can also smooth out the transition of city staff and  elected offi  cials if we already have a shared vision  we can stand behind.

The most compelling reason to have a mission  statement is to have something to strive to become.

Something to set your eye on and aim to achieve  every day. In his book, "Start With Why," Simon  Sinek writes “Average companies” (or in our case,  cities) “give their people something to work on. In  contrast, the most innovative organizations” (cities)  “give their people something to work toward.”

If you already have a mission  statement, good for you, you’re  ahead of the game. Now, learn  it and live it. Live it in City  Hall, the Park Shop, Council  Chambers, and everywhere  else.

The mission of the City  of Yankton is to provide  exemplary experiences,  services, and spaces that  create opportunities for  everyone to learn, engage, and  thrive. We recite it often at the  beginning of City Commission and staff meetings.  When we are working through a problem, we lift  our mission statement up and ask ourselves if we  are in keeping with the values and priorities we  promised to the community. Each week, I identify  one employee who is embodying our mission and  I send a note to the City Commission so they know  we are actively working to live that mission every  day. We are not perfect, but we will never stop  trying our best to be.

With warmer weather on the way (fi ngers crossed),  do some early spring cleaning. If you have a  mission statement, pull it out, dust it off, and  start using it. If it doesn’t refl ect who you are as  a community anymore, change it so that it does.  If you don’t have one - well, make that your fi rst  mission. ■

Follow us on social media! /sdmu nileague PRESIDENT’S REPORT  AMY LEON | SDML PRESIDENT  5 sdmunicipalleague.org | 1.800.658.3633 COLUMN

Review FLSA, Seasonal/Temporary Employees and Child Labor Laws Before you Hire

The majority of the questions that the Municipal League receives are regarding “children” under eighteen years of age (16-17) and if they are allowed to run lawn mowers. In a later article the actual Prohibited Occupations for 16-17-year-olds (non-adult) are reviewed. Even though lawn mowers are not specifically mentioned, there are enough related references to this type of work that many cities across South Dakota do not use child labor for these duties. The League discourages cities from doing so but we will leave that to you and your city attorney to work out. It would also be prudent to review the Child Labor Violation Penalties which is in a later article as well.

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 $10.80 per hour. Seasonal and temporary employees are eligible to receive 1.5 times the hourly wage for all hours worked over 40 in any given workweek as required by FLSA.

FLSA DOES include an exemption from minimum wage and overtime for Seasonal Amusement or Recreational Establishments - Section 13(a)(3). Tests for this exemption include: a) does not operate for more than seven months in any calendar year; OR b) during the preceding calendar year, average receipts for any six months of such year were not more that 33 1/3% of its average receipts for the other six months of such year.

It would seem apparent that a swimming pool or other facility that is open only for the summer months would qualify for this exemption from overtime and minimum wage provisions of the FLSA. But please note, if 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 page 7. 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.

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. ■

SEASONAL HIRING iStock.com/Daisy-Daisy 6 SOUTH DAKOTA MUNICIPALITIES | March 2023

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.

MINIMUM AGE STANDARDS FOR NONAGRICULTURAL EMPLOYMENT

• 14 - Minimum age for employment in specified occupations outside of school hours for limited periods of time each day and each week.

• 16 - BASIC MINIMUM AGE FOR EMPLOYMENT. At 16 years of age, youth may be employed for unlimited hours in any occupation other than one declared to be hazardous by the Secretary of Labor.

• 18 - Minimum age for employment in nonagricultural occupations declared hazardous by the Secretary of Labor.

OCCUPATION STANDARDS FOR 14- AND 15-YEAR-OLDS

The following list, which is not exhaustive, are jobs that 14- and 15-year-olds may not be employed in:

1. Any manufacturing occupation.1

2. Any mining occupation.

3. Most processing occupations such as filleting of fish, dressing poultry, cracking nuts, developing of photographs, laundering, bulk or mass mailings (except certain occupations expressly permitted as discussed below).

4. Occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined or otherwise processed (except to the extent expressly permitted as discussed below; and as discussed in footnote 1).

5. Any occupation found and declared to be hazardous by the Secretary of Labor.

6. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling, or repairing of hoisting apparatus.

7. Work performed in or about boiler or engine rooms or in connection with the maintenance or repair of the establishment, machines, or equipment.

8. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling, or repairing of any power-driven machinery, including, but not limited to, lawnmowers, golf carts, all-terrain vehicles, trimmers, cutters, weed eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers. Fourteen- and 15-yearolds may operate most office machinery and those machines that are expressly permitted.

9. The operation of motor vehicles or service as helpers on such vehicles.

10. The riding on a motor vehicle inside or outside of an enclosed passenger compartment except as permitted in #16 in the next list.

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11. Outside window washing that involves working from  windowsills.

12. All work requiring the use of ladders, scaffolds, or  their substitutes.

13. All baking and most cooking activities except as  discussed in the following #3.

14.  Work in freezers and meat coolers and all work in  the processing of meat for sale; however, youth  are permitted to occasionally enter freezers only  momentarily to retrieve items.

15. Youth peddling, including not only the attempt to make  a sale or the actual consummation of a sale, but also the  preparatory and concluding tasks normally performed  by a youth peddler, such as the loading and unloading  of motor vehicles, the stocking and restocking of sales  kits and trays, the exchanging of cash and checks with  the employer, and the transportation of the minors to  where the sales will be made.

16. Loading and unloading of goods or property onto or  from motor vehicles, railroad cars, and conveyors,  except as discussed in the following #12.

17.

18. Public messenger service.

19. Occupations in connection with:

a. Transportation of persons or property by rail,  highway, air, on water, pipeline, or other means.

b. Warehousing and storage.

c. Communications and public utilities.

d. Construction (including repair). Except 14- and 15-year-olds may perform offi  ce 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. Offi  ce and clerical work, including operation of offi  ce  machines.

2. Work of an intellectual or artistically creative nature  such as but not limited to computer programming, the  writing of software, teaching or performing as a tutor,  serving as a peer counselor or teacher’s assistant,  singing, the playing of a musical instrument, and  drawing, as long as such employment complies with

FLSA REFRESHER (CONT)
Catching and cooping of poultry in preparation for  transport or for market.
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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 power-driven 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 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

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and, if the driver is under the age of 18, his or her employment must comply with the provisions of HO 2 (see chart).

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

The Hazardous Occupations Orders (HOs) for Nonagricultural Employment

These Orders are published in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations.

The FLSA provides a minimum age of 18 years for any nonagricultural occupations which the Secretary of Labor “shall find and by order declare” to be particularly hazardous for 16- and 17-year-old persons, or detrimental to their health and well-being. This minimum age applies 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 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

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

HO 3 Coal mining.

HO 4 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.

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.

FLSA REFRESHER (CONT)
DO YOU HAVE CITY NEWS TO SHARE? Let us know! Email us a 250-word description of your city’s notable achievement – a project, initiative, award, or individual honor. Include an image if possible. emilie@sdmunicipalleague.org SEASONAL HIRING 10 SOUTH DAKOTA MUNICIPALITIES | March 2023

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.

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 1-866-4USWAGE (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.

SEASONAL HIRING 11 sdmunicipalleague.org | 1.800.658.3633

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.

• 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-yearolds may operate and assist in the operation of most water amusement park and recreation establishment rides.

• Load, operate, or unload power-driven balers and compactors used in the disposal of waste. A limited exemption exists that permits the loading, but not the operating or unloading, of certain scrap paper balers and paper box compactors under certain specific conditions (see Fact Sheet #57).

14 and 15 years of age

Fifteen-year-olds, but not youth less than 15 years of age, may be employed as lifeguards at traditional swimming pools and most facilities of water amusement parks. Such employment must meet the following conditions:

• 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

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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-year-olds who are employed to teach or assist in teaching others how to swim must also be certified as swimming instructors by the American Red Cross or some other similar certifying agency.

The occupation of lifeguard, as per 29 C.F.R. § 570.34(l), encompasses the duties of rescuing swimmers in danger of drowning, the monitoring of activities at a swimming pool to prevent accidents, the teaching of water safety, and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas, 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 including adding chemicals

areas, including any areas where the filtration and chlorinating systems are housed.

As mentioned, a core and defining duty of a lifeguard is the rescuing of swimmers in danger of drowning, often by entering the water and physically bringing the swimmer to safety. Under 29 C.F.R. § 570.34(l), any employee under the age of 16 whose duties include this core duty—such as a “junior lifeguard” or a “swim-teacher aide”—or whose employment could place him or her in a situation where the employer would reasonably expect him or her to perform such rescue duties, would be performing the duties of a lifeguard while working in such a position. For such employment to comply with these child labor provisions, the employee would have to be at least 15 years of age and possess the proper certification.

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 and elevated sides.

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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-parktype rides. Thus, minors under 16, even if properly certified as lifeguards, may not be employed as dispatchers, attendants, or slide monitors at the top of elevated water slides. Fifteenyear-olds who are properly certified may be employed as lifeguards stationed at the splashdown pools located at the bottom of elevated water slides.

Youth under 16 years of age may not be employed as lifeguards at natural environment facilities such as rivers, 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.).

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 powerdriven machinery and hoists (except office machinery). This prohibition includes work involving most amusement park and recreation establishment rides – including dispatchers on elevated water slides – and power-driven lawn mowers and trimmers.

• All baking and most cooking. These minors may perform cooking with electric and gas grilles that does not involve cooking with open flames. They may also cook with deep fryers that are equipped with and utilize devices that automatically lower and raise the fryer baskets into and out of the hot oil or grease. They may not operate NEICO broilers, pressure cookers, ovens or rotisseries.

• The cleaning of cooking equipment and the filtering, transporting, and disposing of hot oil and grease when the surfaces or hot oil or grease exceed 100° F.

• All work in construction, including demolition and repair.

• All work involving the use of ladders or scaffolding, except properly certified 15-year-old lifeguards may use a ladder to access and descend from the lifeguard chair.

• All work in freezers, but they may enter freezers equipped with safety latches, for brief periods of time, to retrieve items.

Funding available for Outdoor Recreation

PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) are currently taking applications for the 2023 Land and Water Conservation Fund (LWCF) grant.

Public outdoor recreation projects sponsored by city, county, township, and tribal governments are eligible to receive the grant money.

The Land and Water Conservation Fund provides up to 50 percent reimbursement for approved outdoor recreation projects that seek at least $10,000 in grant assistance. Grants will be awarded for development or renovation of public outdoor recreation facilities or the acquisition of park land.

The application deadline is April 28, 2023.

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. ■

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.

WHERE TO OBTAIN ADDITIONAL INFORMATION

For more information on the FLSA child labor provisions, including a complete list of all hazardous occupation orders, visit the YouthRules! 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. ■

LIFEGUARD PROVISIONS (CONT) SEASONAL HIRING 14 SOUTH DAKOTA MUNICIPALITIES | March 2023

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Hometown Power

CHRIS HILL | SDML DIRECTOR OF MUNICIPAL ELECTRIC SERVICES

Another year at the Capitol is ending. This year we  worked on House Bill 1060 which was An Act to Modify  provisions related to the procurement for the state and  other purchasing agencies. The language will change the  current law from $25,000 to $50,000 for state agencies to  go out to bids for supplies. We also added the language  “utility infrastructure” to the term public improvement. Bids  for public improvement extend the purchase to $100,000  before a state agency needs to go out to bid.

Using the term utility infrastructure will help the purchasing  power of our municipalities as it relates to infrastructure  such as transformers. Some of our members have  mentioned that with supply chain issues and infl ation,  certain transformers have increased in prices so much that  they were going above the purchasing limit and needed  to be sent out to bids. We all know that when a municipal  electric utility is looking to bring new businesses or  residents to their community, they need the infrastructure  as quickly as possible.

This bill will allow municipalities to procure the utility  infrastructure in a timely fashion when available from the  distributor. We can all hope that some prices come down,  but for now, this will help to alleviate some of the issues  to help make purchasing utility infrastructure as quick as  possible.

With Session behind us, we look forward to the district  meetings and the South Dakota Municipal Electric  Association Conference and Technology Expo, which are  right around the corner.

The fi rst district meeting is slated for March 14 in Sisseton  and we’ll wrap them up in Murdo on March 30. Upon  completion of the district meetings, we will be in Watertown  on April 3-5 for the SDMEA Conference and Technology  Expo. Registration is open now; I hope you’ll join us.

After that, we start planning the SDMEA Golf Tournament  and the Sporting Clay Shoot. The proceeds from the  sporting clay event went to a scholarship opportunity  for students from one of our 35 member municipalities  entering the Energy and Transmission program at Michell  Technical College. Please reach out to anyone from our  member communities if you know someone interested  in this scholarship. We are hoping that this scholarship  opportunity will help to encourage the student to enter the  energy fi eld and think about moving back home to help  make their HOMETOWN great! ■

SDMEA CONFERENCE Technology Expo 2023

April 3-5 Watertown, SD

Monday, April 3

6:00 p.m.

Tuesday, April 4

SDMEA Board Mee�ng and Member Night (Op�onal) Meal on your own

Tour, Terex Building (op�onal)

Registra�on Fees

SDMEA Member Municipality | $150 Non-Member | $175

Room Block Ramkota Hotel, Watertown, SD. Reserve by March 18 for the group rate.

Connect with a�endees! Exhibitor booths and sponsorship opportuni�es available. Learn

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Registra�on 12:30 p.m. Presenta�ons
4:15 p.m. Vendor Show Begins 6:00 p.m. Prime Rib Dinner
5 7:30 a.m. Breakfast Buffet 8:30 a.m. Presenta�ons Begin 11:45 a.m. Lunch Buffet 1
Terex
12-12:30 p.m.
Begin
Wednesday, April
p.m.
16 SOUTH DAKOTA MUNICIPALITIES | March 2023
more and register www.sdmunicipalleague.org/events

Small Communities Eligible for DANR 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.

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 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. ■

17 sdmunicipalleague.org | 1.800.658.3633

SDPAA News

Time to Fill up Your Rolodex!

Everyone engaged in local public service has endured the more recent “cascading crises” which have impacted local governments. Members of the South Dakota Public Assurance Alliance (SDPAA) have weathered these storms with amazing tenacity and fortitude. Thank you for serving your local communities!

Now more than ever local governments need trainings which will prepare them for these crises before they unfold. The ability to make the “right call” at exactly the “right time” can mean the difference between a good and bad outcome. The hundreds of law enforcement officers with whom I have worked have always said crisis situations require a rolodex of information your brain must sort through in a split-second. Having the right information in your rolodex (it’s a rotating card holder for this column’s younger readers) should lead to a correct decision.

Creating and storing the right information in your rolodex requires proper training. In 2019, the SDPAA co-sponsored crisis intervention trainings for South Dakota’s local law enforcement. The timing and content of this training was proven vital by the local and national events which transpired afterwards.

The SDPAA is sponsoring and/or coordinating new trainings this year on the more likely scenarios to be encountered by local government employees in South Dakota. These exciting new trainings will be added to an already extensive array of trainings offered by the SDPAA through its trusted vendor, Safety Benefits, Inc. (SBI).

The three new areas of training will focus on the following:

DIGITAL LEADERSHIP STRATEGY

The digital age impacts every facet of how we live, work and play. These advancing technologies require an organizational commitment to implementing technology improvements at every level to effectively continue its public service mission.

This year the SDPAA will offer a training series on developing an organizational culture which embraces new technologies and develops a “digital leadership strategy.” The SDPAA is sponsoring Mike Grigsby to offer these trainings. Mike was a long-time law enforcement officer in Kansas City, Missouri, when he attended a seminar on the coming digital age. He realized he wanted to be at the forefront of this emerging change and began his second career working in the technology sector. He worked for a private technology firm then served

the City of Kansas City’s Transit Authority and most recently the City of Sioux Falls. He continues to offer trainings and consultations to federal, state, and local governments. He has trained officers of the U.S. Army, among many others, on the importance of embracing new technologies and how an organization can improve their service to the public by utilizing these technologies. A component of this strategy is to have a plan to deal with a possible cyber incident, i.e., a cyber crisis. We look forward to hearing from Mike over the next several months.

PHYSICAL SECURITY TRAININGS

Local and national news reports of new threats to our physical security have become eerily commonplace. These threats exist and sometimes erupt in South Dakota as SDPAA Members have experienced a rising number of these unique physical threats to their team members and to their physical facilities.

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The SDPAA has arranged for additional trainings to be conducted on physical security threats for local governments. These trainings will be led by Scott Davis, the Physical Security Advisor in South Dakota for the U.S. Department of Homeland Security. He has a background in federal law enforcement and will be presenting on various physical threats at local government conferences this year. We look forward to hearing his insights and tips for dealing with these types of incidents.

SDPAA is also having SBI conduct more inquiries into possible physical security threats as part of their loss control surveys conducted every three years for SDPAA Members. Scott has offered to assist SBI in evaluating the more common risks and possible remedial steps for addressing them.

PUBLIC INFORMATION OFFICER TRAININGS

Any response to a local crisis requires the marshaling of community assets through effective communication and coordination among those local resources.

Sandy Frentz has been in public service for over three decades, while serving the last 15 years as a Public Information Officer

(PIO) on behalf of the State of South Dakota and many local governments. She has gleaned much wisdom from her years of public service. She knows first-hand the communication challenges for a community facing a crisis in South Dakota. She has war stories to tell from dealing with tornadoes, floods, pandemics, and more! In her modest way she will inform you about the mistakes she learned to avoid from these experiences. The SDPAA will sponsor Sandy to present PIO training to local governments at several conferences this year. It is interesting to note we had originally planned to have Sandy present on this topic in 2020, then the pandemic required her skills to be utilized elsewhere.

In addition to these latest training opportunities, the SDPAA, through its local vendor SBI, offers thousands of hours of other trainings on hundreds of topics. Several thousand local government employees and officials benefit from these trainings every year. If you are not a Member of the SDPAA but believe your public entity’s team members would benefit from these trainings and other SDPAA services, then please contact the SDPAA office at 800-658-3633 option 2 or by email at sdpaa@sdmunicipalleague.org. ■

19 sdmunicipalleague.org | 1.800.658.3633

GREGORY

RACHELLE BLOOM | EXECUTIVE DIRECTOR, GREGORY ECONOMIC DEVELOPMENT GROUP

market, Last Summer Night celebration, and live music from the local polka band and other musicians - including the high school pep band!

Main Street is also home to the Dixon Town Hall Theatre where the local theatre group performs and the Hipp Community Theatre (open Sept. through May) which shows the latest releases on the big screen. If you want to see a movie in the summertime head to the drive-in theatre just outside of town.

The city of Gregory is a thriving community located along Highway 18. Gregory has all the charm found in rural America while offering many experiences found in larger cities as they “think global yet act local.”

Gregory observes Independence Day with three jam-packed days of celebration. The events run from the second to the fourth of July and include a carnival with the midway on main street, dances, turtle races, 5k walk/run, baseball, parade, bean bag tournaments, bingo, and a car show among many other activities. The celebration concludes the evening of the fourth with a fireworks display launched from Flynn Field (public airport) which is visible throughout the city.

Gregory is ground zero for sportsman and has a plethora of hunting lodges, guides, outfitters, clubs, and preserves for any type of game with thousands of acres of prime land suited for hunters of all skill levels. The lodges leave nothing uncovered and provide excellent hospitality and relaxing hunts. Of course, for the anglers the mighty Missouri River is just a short drive away.

Downtown Gregory presents historical buildings that have withstood the test of time yet have a modern flair. On Main Street you will find everything from food and drink to a variety of shops, services, and even taxidermy! Evenings in the summer are vibrant with community events like the farmers’

A connected park and open space system offers all age groups opportunities to play outdoors. The city park is beautifully maintained and features a playground, large picnic shelter, courts for basketball and racquet games, as well as a baseball diamond situated at the base of the Gregory Buttes Observation Park which overlooks the City of Gregory. The buttes are accessible by the nature trail (or by car) which connects all areas of the park to include the disc golf course. Gregory’s famous twin swimming pools are also located in the park complex and are a great place to cool off on a hot summer day. For the golfers,

20 SOUTH DAKOTA MUNICIPALITIES | March 2023 CITY HIGHLIGHT
Gregory, SD, features a plethora of hunting lodges, guides, outfitters, clubs, and preserves for many types of game.

we encourage you to  swing by the Gregory Municipal ninehole golf course located on 71 acres east of town.

Those who prefer indoor activities can enjoy a game of bowling  at the eight-lane bowling alley. There are also several places  to shoot pool, throw darts, or try your luck at the casinos  throughout town. The VR golf simulator is a space you can  work on your game year-round.

There are plenty of places to enjoy a great meal or cold  beverage in town, as well as two motels, several salons, and  a day spa with a full menu of services.

Gregory is a thriving community with a stable economy and  steady growth. A state-of-the-art medical campus opened  in January 2023 with a hospital, clinic, and long-term care  center. A fi rst-class school system with competitive sports  and performing arts programs, an assisted living facility, and  a new subdivision zoned for both homes as well as business  opportunities makes Gregory a desirable location for all ages  to live.

Gregory is a fantastic place to stop, shop, stay, and play as  you travel along Highway 18 in South Central South Dakota. ■

Shoppers in Gregory, SD, browse the booths at a community event.  Reoccurring events like the farmers’ market, Last Summer Night celebration,  and live music offer entertainment throughout the summer.

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Risk-sharing news

SDML Work Comp Fund Partners with SDPAA to Continue Mental Health Benefit for First Responders and Families

The SDML Workers’ Compensation Fund Board of Trustees is happy to announce a partnership with the SDPAA Board of Directors to continuing this benefit for all of our first responders, their spouses, and their dependents in 2023. First responders include over 12,000 law enforcement officers, firefighters, ambulance personnel, 911 dispatchers, correctional officers, emergency management and members of search and rescue teams.

We understand the challenges and stress that can be placed on employees/volunteers and the families of first responders. The First Responder Assistance Program provided by Connections EAP, Inc. of Rock Valley, Iowa is an important benefit available to first responders and their families. You do not have to sign up for this benefit. As long as your department is a member of the SDML Workers’ Compensation Fund or the SDPAA, you are automatically eligible.

This program was created in response to the growing recognition that stress and trauma experienced by first responders places an emotional and mental health cost on them and at times, family members. One of the unique benefits is the Critical Incident Stress Debriefings coordinated by Connections EAP. Trained peer support first responders and credentialed mental health professionals will conduct Critical Incident Stress Debriefings in response to tragic events at your request.

There are many more personal benefits available as well including:

FREE and CONFIDENTIAL access to information and professional assistance for first responders and

dependents* includes three sessions in person or via telehealth assessment and solution planning with a local credentialed professional counselor at no out-of-pocket cost to the first responder. First responders and dependents can also talk to experts, browse for information, and access services for:

• Emotional problems

• Stress

• Anxiety

• Depression

• Post-traumatic stress

• Marital or family conflict

• Drug or alcohol issues

• Grief

• Caregiving responsibilities

• Legal or financial problems

These services are CONFIDENTIAL and you are entitled to three FREE sessions: per incident, per year. You may use this benefit for incidents that occurred in the past, both related or unrelated to your experience as a first responder.

Additionally, first responder employees, volunteers and dependents* can access the following experts through a variety of communication modes. Phone, email, web, and some in-person support include:

• 24/7 Phone Access – Toll-Free Hotline

• Local Credentialed Counseling Professionals – Nationwide Network

• Local Credentialed Addiction Counselors

• Elder or Adult Consult and Care/ Find in 50 states

• Child Consult and Care/Find

• Special Needs Child Consult

• Pre-Natal support

• Summer Care Consult/Find

• Access to Attorneys for Legal Help

• Consumer Credit Counseling

• Family Budget Planning

• Adoption Information and Support Services

• Access to web-based self-help information and assessments

• Webinars, & Additional Work-life Information

• …AND MORE!

Connections EAP counselors may recommend various services or treatments beyond the three sessions of assessment/solution planning. Costs for treatments beyond those provided by Connections are the first responder’s responsibility but may be covered in part by a regular health insurance benefit or another EAP program.

The service is CONFIDENTIAL. Connections EAP, Inc. reports only the number of people who use services. NO ONE from the SDML Work Comp Fund, the employer, or department will be informed of your call or visit unless you specify in writing that an EAP professional contact us.

Different locations for in-person assessment and solution planning are available in your area. Connections EAP, Inc. will authorize your sessions at a location near you and you can arrange an appointment at a date and time that is convenient and comfortable for you.

The toll-free phone is personally answered by trained professionals 24/7.

Research clearly shows that people are at their best when they are confident that they are doing something positive to resolve personal and family stressors.

*Dependent defined as per Federal IRS standards.

BRAD WILSON | SDML WORKERS' COMPENSATION FUND
22 SOUTH DAKOTA MUNICIPALITIES | March 2023 COLUMN

If the stress and challenges of being a fi rst  responder wasn’t enough already, the  challenges presented by COVID-19 have  likely added additional stress. If you are a  fi rst responder and have considered using  consultation, counseling, or related support  services, but cost or other unknowns have  discouraged you, please take advantage of  this FREE and  CONFIDENTIAL resource  available to fi rst responders, their spouses,  and their dependents* that are members of  the SDML Workers’ Compensation Fund.

Personal and family stress is treated most  effectively when you do not wait to make the  call. Connections EAP, Inc. would be happy  to answer any questions you may have.

Simply call  800-779-6125 or go to their  website at www.connectionseap.com or  visit www.sdmlwcfund.com for a link to their  website. If you are a fi rst responder member  of the SDML Workers’ Compensation Fund  or the SDPAA, Connections EAP, Inc. will  provide you with a username and password  for full access to their web resources.  There is also a 12-minute video available  that explains the program in detail. You  can watch the video in the privacy of your  own home or play it at department meeting  FRAP Video Presentation - YouTube. Feel  free to contact us with any questions. ■

First Responders Assistance Program Partners

SDPAA

Telephone: 800.658.3633 Option 2 sdpaa@sdmunicipalleague.org www.sdpaaonline.org

SDML WORKERS COMPENSATION FUND

Telephone: 800-233-9073  Fax: 605-275-6193 info@sdmlwcfund.com  www.sdmlwcfund.com

Brad Wilson Administrator, CIC, AIC, SDWCS SDML Workers’ Compensation Fund brad@sdmlwcfund.com

Doug Kirkus Marketing Rep SDML Workers’ Compensation Fund doug@sdmlwcfund.com

Lynn Bren, Deputy Director SDPAA lbren@sdmunicipalleague.org

CONNECTIONS EAP, INC. Matt Visser CEO Connections EAP matt@connectionseap.com

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D.A. Davidson & Co. is committed to strengthening the infrastructure and enriching the lives of people in our communities throughout South Dakota and across the nation.

Our public finance bankers average over 20 years of experience in conventional fixed-rate debt financing, variable-rate bonds, creditenhanced structures and non-rated bonds.

Primary areas of focus include: • Cities • Counties • School Districts • Rural Water Utility Finance 450 Regency Parkway | Suite 400 | Omaha, NE | dadavidson.com Gerald J. Spethman, Jr. Senior Vice President, Public Finance Banker (402) 392-7933 (866) 466-9368 JSpethman@dadco.com • Healthcare Finance
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Lisa Nold takes on new Role at SDML

Lisa Nold has been named the new Director of Risk Sharing Services for the South Dakota Municipal League (SDML).

Nold moves into this position from her previous role as the association’s office manager, which she had held since 2016. While in that position she often assisted with the risk sharing pools, giving her a good body of knowledge as she steps fully into the new role.

“We’re excited that Lisa is taking on this important position for our members,” said SDML Executive Director David Reiss. “Lisa’s prior experience with the pools, her organizational skills, and her passion for helping others make her an excellent fit.”

The Director of Risk Sharing Services administers and supervises the daily activities of the SDML-sponsored, selffunded insurance pooled purchasing programs. They work to ensure the provisions of the best health and worker's compensation benefits at the lowest possible cost for program members.

Nold will be the main contact for members with questions for the pool administrators, those that need help with loss control services or claims, or if they want to contact an insurance board member.

Nold started transitioning into her new duties last month, which allowed her some time to shadow under the previous director Sandi Larson, who retired at the end of February.

Applications for the now-vacant SDML office manager position are currently being taken. View the position profile at www.sdmunicipalleague.org/jobs. ■

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100 hdrinc.com 24 SOUTH DAKOTA MUNICIPALITIES DAKOTA | March 2023

ELECTION TRAINING |  Webinar 3

ELECTION TRAINING |  Webinar 4

DISTRICT 1 MEETING,  Sisseton

DISTRICT 2 MEETING, Huron

ELECTION TRAINING |  Webinar 5

DISTRICT 3 MEETING,  Alcester

DISTRICT 5 MEETING, Onida

DISTRICT 6 MEETING, Hecla

DISTRICT 7 MEETING,  Akaska

ELECTION TRAINING |  Webinar 6

DISTRICT 4 MEETING,  Geddes

DISTRICT 10 MEETING, Faith

DISTRICT 9 MEETING, Hot Springs

DISTRICT 8 MEETING, Murdo

SDMEA CONFERENCE Technology Expo 2023 April 3-5 Watertown, SD SDML EVENTS Register and find more events online sdmunicipalleague.org/events UPCOMING SDML EVENTS BUILDING OFFICIALS ICC  TRAINING, Rapid City BUILDING OFFICIALS ICC  TRAINING, Sioux Falls POLICE CHIEFS'/SHERIFFS'  SPRING CONFERENCE,  Deadwood STREET MAINTENANCE SPRING MEETING, Yankton April 3-5 4 6 11-13 26-27
Mar 2 9 14 15 16 16 20 21 22 23 23 28 29 30 Leading a successful and thriving community in our constantly changing world is no small task. Take advantage of our free online resources to help your community address these challenges. Scan to learn more or visit snyder-associates.com 25 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.

CITY BOUNDARY CHANGES

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.

Find information regarding municipal sales tax online at https://dor.sd.gov/businesses/taxes/municipal-tax, or by calling the Taxpayer Assistance Center at 1-800-829-9188. ■

Nominations Open For Finance Officer of the Year

The South Dakota Governmental Finance Officers’ Association is seeking nominations for their prestigious Finance Officer of the Year award.

The award recognizes a member of the association who has made significant contributions to their municipality as a finance officer and to their community as citizen.

“Finance officers are an integral part of city government, and are well-known for going above and beyond,” said Association President Roxanne Heezen of Fort Pierre. “We frequently wear many hats at work and are also often involved in organizations and activities within our communities.”

“Finance Officer of the Year recognizes an outstanding individual finance officer,” she said, “and also celebrates all the finance officers who do what it takes to keep their community running smoothly.”

The association has presented the award annually since 2002. Last year’s recipient was Pauline Sumption, previous Finance Director for the City of Rapid City.

The award will be presented during the association’s annual Finance Officers’ School, held June 7-9 in Pierre, SD.

For more information and to submit a nomination, visit www. sdmunicipalleague.org/financeofficers. Nominations are due May 1. ■

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26 SOUTH DAKOTA MUNICIPALITIES | March 2023
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Resource Roundup

Awards

Submit through each affiliate’s webpage, sdmunicipalleague.org/affiliateorganizations

Code Enforcement Officer of the Year

Due: March 15

Recognizes an individual who has made significant contributions to their municipality as a code enforcement officer and their community as citizen. Award presented at the association’s spring meeting.

Finance Officer of the Year

Due: May 1

Recognizes a member of the SD Governmental Finance Officers' Association who has made significant contributions to their municipality as a finance officer and to their community as citizen. Award presented at the association’s annual Finance Officers’ School.

Grants

Hazard Mitigation Grant, SD Office of Emergency Management

Due: March 8

Funding is available for local governments and certain private-non-profit organizations to apply for hazard mitigation projects that will reduce the loss of life and property by lessening the impacts of future disasters. Learn more/apply: Contact mitigation staff at 605-7733231; apply by digital application via FEMA GO

Traffic Control Device Grant, Street Maintenance Association

Due: April 1

Provides funds to offset the costs of Traffic Control Devices such as speed display units, traffic count units, and flashing warning signs.

Learn more/apply: www.sdmunicipalleague.org/ streetmaintenance

Recreational Trails Program Grant, SD Game, Fish and Parks

Due: April 7

Provides partial reimbursement for approved trail projects including the construction of new public trails, rehabilitation of existing public trails, development of trail-related facilities, and educational programs that relate to recreational trails.

Learn more/apply: www.gfp.sd.gov/partnerships; Grants Coordinator Randy Kittle at 605.773.5490 or randy.kittle@state.sd.us

Environmental Justice

Governmentto-Government (EJG2G) Program, U.S. Environmental Protection Agency

Due: April 10

Provides funding to support government activities that lead to measurable environmental or public health impacts in communities disproportionately burdened by environmental harms. Local governments that partner with a community-based nonprofit organization are eligible.

Learn more at www.epa.gov/environmentaljustice; apply at www.grants.gov

Land and Water Conservation Fund Grant, Game, Fish and Parks

Due: April 28

Provides up to 50 percent reimbursement for approved outdoor recreation projects that seek at least $10,000 in grant assistance. Grants are awarded for development or renovation of public outdoor recreation facilities or the acquisition of park land.

Learn more/apply: www.gfp.sd.gov/partnerships; Grants Coordinator Randy Kittle at 605.773.5490 or randy.kittle@state.sd.us

Small Community Planning Grant Program, SD Department of Agriculture and Natural Resources

Due: Ongoing, awarded at any time on a first-come, first-served basis

Provides funds to hire an engineering consultant to develop a project specific engineering report. Open to systems serving a population of 2,500 or fewer. A community may receive up to $8,000 for a water engineering study and up to $10,000 for a wastewater related study.

Learn more/apply: www.danr.sd.gov

Scholarships

Apply through each affiliate’s webpage, sdmunicipalleague.org/affiliateorganizations

Code Enforcement Training Scholarship

Due: April 1

Provides funds for an association member to attend a training of their choice to enhance their performance of duties as a code enforcement officer.

28 SOUTH DAKOTA MUNICIPALITIES | March 2023

Finance Officers' Training Scholarship

Due: April 1

Provides funds for continuing education for an association member. Applicants may apply for a scholarship to attend Finance Officers' School (FO School) in June or another professional development class/college course of their choosing.

Human Resource HR School Scholarship

Due: April 1

Provides funds for an association member from a second- or third-class municipality to attend the SD Governmental Human Resource School (HR School) in June.

Police Chiefs' IACP Scholarship

Due: April 1

Provides funds for an association member to attend the annual International Association of Chiefs of Police (IACP) Annual Conference and Exposition in October.

City Management Training Scholarship

Due: May 1

Provides funds for an association member to attend professional development of their choice.

Training

Register at sdmunicipalleague.org/events

Election Training

Four sessions in March, online webinars

Registration: Free

Due: One week prior to workshop

Multiple sessions assist officials in conducting municipal or school elections. Topics for each webinar available to view online. New finance officers and business managers are encouraged to attend all webinars. Sponsored by the Secretary of State's office, Associated School Boards of South Dakota, and the South Dakota Municipal League.

Remaining Training Dates:

• Webinar 3 | March 2

• Webinar 4 | March 9

• Webinar 5 | March 16

• Webinar 6 | March 23

Electric Conference and Technology Expo

April 3-5, Watertown

Registration: $150 - SDMEA member municipality;

$175 - Non-member

Features several presenters and topics regarding municipal electric utilities. Geared towards the operations

aspect but is open to all employees interested in the electrical system. At least one representative from each SDMEA member municipality should attend.

Building Officials ICC Training

April 4 in Rapid City; April 6 in Sioux Falls

Registration: $85 - SDBOA member;

$105 - Non-member

Due: March 25

Topics include 2021 IBC Mixed Occupancies and 2021 IBC Exit Systems.

Police Chiefs’/Sheriffs Association Spring Conference

April 11-13, Deadwood

Registration: $115 - full conference

Annual joint meeting of the SD Sheriffs' Association and the SD Police Chiefs' Association where members gather to learn about and discuss recent topics in law enforcement. Includes training tracts for law enforcement, corrections, and administrative personnel. Features Keynote Speaker Gordon Graham, a 33-year veteran of law enforcement as well as a risk management expert and a practicing attorney.

Street Maintenance Spring Meeting

April 26, Yankton

Registration: Free - SDMSMA member; $65 - non-member

Law Enforcement Liability Risk Management Conference

May 1-3, Deadwood

Registration: $425. Prepayment is not required to register.

Shaping and Influencing Law Enforcement, Liability and Risk Management. Recommended attendees include law enforcement, corrections personnel, claims adjusters, and claims managers. Includes a printed training manual, lunches, and a certificate of completion. Co-sponsored by South Dakota Public Assurance Alliance and Safety Benefits, Inc.

Learn more/register: Online at www.llrmi.com or www. safety-benefits.com/events; call 317-386-8325

Code Enforcement Information and Training Conference

May 10, Pierre

Registration: $50 - SoDACE member; $90 - non-member

Due: April 14 ■

29 sdmunicipalleague.org | 1.800.658.3633

Emerald Ash Borer Quarantine Extended

PIERRE S.D. – The South Dakota Department of  Agriculture and Natural Resources (DANR) has confi rmed  an infestation of emerald ash borer (EAB) in Dakota Dunes,  South Dakota.

In response, DANR Secretary Hunter Roberts will extend  the existing state Plant Pest Quarantine to include Union  County. The updated quarantine area will now include all  of Minnehaha, Lincoln, Turner, and Union Counties. The  quarantine is designed to slow the spread of EAB.

The quarantine, which is in place year-round, prohibits  the movement of fi rewood and ash materials out of the  quarantined counties. Movement of fi rewood from any hardwood species, whether intended for commercial or private  use, is also restricted. EAB has been positively identifi ed  in three counties, Lincoln, Minnehaha, and Union and six  communities Brandon, Canton, Crooks, Dakota Dunes,  Sioux Falls, and Worthing.

“We all need to work together to slow the spread of EAB,”  said DANR Secretary Hunter Roberts. “Firewood is the  most common way EAB is moved from one location to  another. Please, follow the quarantine restrictions and buy  it where you burn it!”

If an ash tree is infested before it is cut, the wood may still  contain EAB larvae. An individual split piece of ash fi rewood  can have fi ve or more adults emerge in the summer.

EAB is a boring beetle that feeds on all species of North  American ash. It was fi rst detected in the United States in  2002, and in South Dakota in 2018.

For more information about EAB or to report a suspected  sighting please visit https://emeraldashborerinsouthdakota. sd.gov/. ■

CODE ENFORCEMENT INFORMATION AND TRAINING CONFERENCE

May 10-11, 2023

Drifters Conference Center, Fort Pierre, SD

Tentative agenda. All times Central Time.

Wednesday, May 10

Working Effectively with Elected Officials, Dr. Rick Melmer, Founder of  Leadership South Dakota, Former  SD Secretary of Education and  Dean of Education at USD

Hospitality Room at Ramkota

Thursday, May 11

Legal Aspects of Code Administration, Marcus Kellum,  nationally certifi ed code  administrator with 30 years of  leadership and training  experience

Noon  Conference

8:30-9 a.m.
9 a.m.  Welcome
9:30 a.m.  The
10:30 a.m. Break 10:45 a.m.  Round Table Discussion: Current Challenges in Code Enforcement 11:45 a.m. Luncheon Presentation of the Code Enforcement Officer of the Year 1 p.m.  Critical
Registration
and Business Meeting AACE Conference Report    2022 Scholarship Winner
Why and How of Vacation Home Rental Regulation, Jayna Watson, City Planner
Conversations:
7 p.m.
9 a.m.
Non-member | $90 TRAINING Learn more and register online sdmunicipalleague.org/events
Today!
sdmunicipalleague.org 30 SOUTH DAKOTA MUNICIPALITIES | March 2023
End Registration Fees • SoDACE member | $50 •
Order
The only  COMPLETE LISTING of its kind for  information on  all South Dakota cities!

SHERIFFS' & POLICE CHIEFS' CONFERENCE

April 11-13, 2023,

The Lodge at Deadwood,  Deadwood, SD

At this annual joint meeting of the  SD Sheriffs' Association and the SD  Police Chiefs' Association, members  gather to learn about and discuss  recent topics in law enforcement.  It includes training tracts for Law  Enforcement, Corrections, and  Administrative personnel.

Featuring Keynote Speaker

Gordon Graham

Gordon Graham  is a 33-year  veteran of law  enforcement  and the  co-founder of  Lexipol, which  is the leading  provider of  policy, training, and wellness  support for first responders and  government leaders. Graham is  a risk management expert and  a practicing attorney who has  presented a commonsense risk  management approach to hundreds  of thousands of public safety  professionals around the world.

Registration Fees

• Full conference w/banquet |  $115

• Full conference; no banquet |  $85

• One day; no banquet | $50

• Spouse registration | $40

• Banquet only | $40

City Management Association offers Training Scholarship

Applications are now open for the  Training 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.

SDCMA will reimburse the City of  the scholarship recipient expenses

related to registration, airfare, lodging,  transportation, and meals not included  in the conference package. The  recipient is responsible for keeping all  receipts and submitting them to SDML  for reimbursement. All reimbursement  costs are subject to SDCMA board  approval. The scholarship may be  awarded to more than one applicant at  the discretion of the Board.

Learn more an apply online at  www.sdmunicipalleague.org/ citymanagement. Applications are due  May 1, 2023. ■

Recent Directory Updates

For the 2022-2023 Directory of South Dakota Municipal Officials

The list below refl ects updates to the directory received since the  list included in last month's South Dakota Municipalities magazine.

Updates are listed each month in the magazine, or go online to  sdmunicipalleague.org for a comprehensive updates list for this  edition.

Municipality Delete Add

Chamberlain ADM Mike Lauritsen ADM Clint Soulek

Chamberlain CM Clint Soulek CM Jason Stone

Delmont FO Linda Laib FO Larry Clouse

Delmont T Larry Clouse

Plankinton M John Staller (deceased)

More Updates

On the Municipal Airports list,  page 91:

• Delete: Bowdle, Clear Lake,  Dupree, Harrold, Lake  Preston

• Change: Brookings, Yankton  to General Aviation (GA)

• Add: Groton (GA), North  Sioux City (GA)

Jefferson: New city email  address, jeffi  etown@gmail.com

March 12 2 a.m.

Spring Forward

Turn your clocks ahead

TRAINING Register online Sdmunicipalleague.org/events 31 sdmunicipalleague.org | 1.800.658.3633
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Engineering for a better South Dakota since 1956. Sioux Falls 605.977.7740 Rapid City 605.791.6100 hdrinc.com Ideas transform communities Nancy A. Hoines Executive Director ACECofSD@gmail.com ACECSD.org PO Box 1075, Pierre, SD 57501 605.951.1004 of South Dakota www.acecsd.org

WASHINGTON REPORT

Planes, Trains, and Automobiles

Transportation and infrastructure are used by everyone – people traveling to work or vacation, grains and parts transported by train, cargo by plane, or goods driven across the country by a semi-truck.

The COVID-19 pandemic aggravated delays and gaps in our supply chain system. Suddenly, Americans couldn’t get their goods in a timely manner. Christmas presents were delayed for weeks, Amazon packages weren’t delivered on time, store shelves were empty for more reasons than one.

When I came to Congress in 2019, the last thing I expected was a global pandemic. When these problems arose during and after the pandemic, I knew Congress should act. I partnered with Rep. John Garamendi to pass the Ocean Shipping Reform Act, addressing delays at ports across the country. We have seen progress from ocean carriers after passage of OSRA, but more kinks in the supply chain have been discovered.

The T&I Committee’s first hearing of the 118th Congress was on the State of the Supply Chain. When seeing and hearing problems faced by our nation’s truck drivers – an 80,000-truck driver shortage, an aging truck driver population, and not enough parking spaces for each semitruck on the road – I introduced the SHIP IT Act with Rep. Jim Costa to address these concerns. The bill increases safety and shipping capacity for truckers; provides recruitment and retention incentives for drivers; and includes flexibility during times of emergencies or black swan events.

Maintaining our infrastructure is critical to keep our economy going and growing. This is my second term on the Transportation and Infrastructure Committee, and I’m ready to keep improving our supply chain. I’m on the Subcommittees on Aviation; Highways and Transit; Railroads, Pipelines, and Hazardous Materials, which increases my ability to be a leader on supply chain issues for each of these modes of transport.

No one likes empty shelves, roads covered in potholes, or delayed packages, and out-of-date regulations aren’t keeping up with technology and innovation. The three subcommittees I am on will allow me to keep working on behalf of South Dakota to deliver results that keep our supply chains moving. ■

ATTENTION FIRST RESPONDERS RADIO UPDATE REQUIRED Act now to ensure future connectivity! Visit stateradio.sd.gov for more information. !
COLUMN  U.S. REPRESENTATIVE DUSTY JOHNSON  34 SOUTH DAKOTA MUNICIPALITIES | March 2023

STREET MAINTENANCE SPRING MEETING

April 26-27, 2023

Best Western Kelly Inn, Yankton, SD

Tentative agenda

Wednesday, April 26

12-1 p.m.  Registration

1 p.m.  Welcome and Business Meeting

Approve minutes of Oct. meeting

Approval of Financial Report

1:30 p.m.  All About Asphalt, Dakota Asphalt

Pavement Association, Ken

Swedeen

2:30 p.m. Break in Exhibit Area

3 p.m.

Crack Sealing and Bridge

Maintenance, Highway

Improvement Inc., Brett Meadors

4 p.m.  Vendor Lightning Rounds

5:30-7 p.m.  Exhibit Area Social

*Featuring highly competitive   beanbag toss competition!

Hospitality room opens after the Exhibit Area Social

Thursday, April 27

7 a.m. Breakfast Buffet

8 a.m.  Stormwater Permitting for Municipal Activities, SD Dept.  of Ag and Natural Resources

9:30 a.m. Break in Exhibit Area

10 a.m.  South Dakota LTAP

11 a.m.  Roundtable Discussions

• Equipment Vendors

• Asphalt Basics

• Concrete – repair, patching  and preventative maintenance

• Traffi  c Control Devices

Noon  Conference End

Registration Fees Register by April 14

• SDMSMA member | Free

• No-member | $65

JOB OPPORTUNITIES

Administrative Assistant, Utilities Department – City of Madison, SD. Responsible for administrative duties, providing  customer service and assisting all utility departments at the City  of Madison. Handle or refer customer complaints, organize and  maintain fi les and records, distribute mail, input invoices and  fi nancial data into software systems, assist in ordering supplies,  post information on social media, and assist in various research  for projects, budgets and agenda preparation information. Work  in a variety of software and must be able to maintain a high level  of attention to detail and maintain confi dentiality. Full description  at www.cityofmadisonsd.com/Jobs.aspx. Open until fi lled. EOE.

Apprentice Lineman - City of Wessington Springs, SD. Must  have line worker certifi cation or willing to obtain. Job duties also  include meter reading and helping other City Departments as  needed. Applicants will be required to obtain a CDL and will  be subject to DOT testing. Excellent benefi t package. To apply  submit a cover letter, resume, work history, and three work  related references to Linda Willman, Finance Offi  cer. Electronic:  wessprsd@venturecomm.net or mail to City Hall PO Box 443,  Wessington Springs, SD 57382. For questions, please call 605539-1691. First review of applications March 3; open until fi lled.  EOE.

Assistant City Engineer (PE) - City of Watertown, SD. Assists the Public Works Director/City Engineer with administrative  oversight, leadership, planning, coordinating, and implementation  of the Engineering Division in order to ensure essential services  are provided to plan, design, construct, and maintain the public  infrastructure and provide for public safety, health, and welfare.  Bachelor’s Degree in Civil Engineering with five years of  progressively responsible related engineering experience required,  as well as two years supervisory experience. Pay: $87,131.20 -  $114,940.80 per year. Apply at www.watertownsd.us/Jobs.aspx.  Closes March 10.

Assistant County Engineer - Faribault County, MN. Assists the County Engineer with the management of the operations  of the Public Works Department. Provides work direction and  supervises the engineering staff to accomplish the surveying,  design, and inspection duties on highway and bridge construction  projects, assumes the County Engineer’s duties as necessary, and  communicates with other governmental entities and the general  public concerning the department’s construction projects. This  position offers a great opportunity for career growth. Salary:  $66,372 to $92,352. View the full job description and apply at  https://www.ddahumanresources.com/active-searches. Closes  March 2.

City Administrator - City of Tea, SD. The City Administrator,  under the direction, supervision, and authority of the mayor, is the  executive offi  cer and liaison offi  cer for the City. This position directs  the administration of city government functions and services and  provides leadership for the long and short-term goals of the city. The  City Administrator typically makes recommendations to the Mayor  and Council for action and is responsible for the implementation  of all policies set by the Mayor/Council. Population 7,000. Salary  Range $90,000 - $130,000, DOQ. Competitive benefi ts package.  If interested send resume to dzulkosky@teasd.org. Closes March  3. EOE.

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TRAINING
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City Administrator - City of Tumwater, WA. Tumwater is a vibrant and diverse community of 26,360 residents at the southern tip of Puget Sound. The ideal candidate will be an effective and experienced leader with a dedication to public service who can continue the organization's commitment to innovation, creativity, hard work, professionalism, and customer service. This is an exciting career opportunity for a next-generation leader to make things happen in a historic yet progressive community. GMP Consultants is assisting the City of Tumwater with this search. Learn more at gmphr.com. Open until filled. First review March 12.

City Administrator - City of Winsted, MN. Under limited direction, this position is the Chief Administrative Officer for the City and plans and directs all City operations in line with objectives and guidelines established by the City Council. The Administrator exercises general and administrative supervision over all City employees either directly or through subordinate supervisors and coordinates planning, legal, building and engineering activities. Salary: $85,520 to $122,527. View the full position profile at https:// www.ddahumanresources.com/active-searches. Closes March 15.

City Manager - City of Lacey, WA. This is a rare opportunity to join a community that has been recognized as one of the best places to live in America. Lacey is an attractive home for businesses, government offices, and higher education. The natural beauty of the area, extensive parks, and trail systems set the City apart. The City has been well-managed and has an excellent working relation between City Council and staff. The City is in very good financial condition and has low debt. The next city manager will have the opportunity to lead a stable and service-oriented organization into the next phase of growth. Learn more and apply at gmphr.com. Closes March 24. EOE.

City Manager - City of New Hope, MN. Performs complex professional work providing leadership to city staff; helping the City Council define, establish, and attain overall goals and objectives of local government; hiring and supervising city staff and managing all functions through department heads; developing and implementing strategic plans; delivering quality services to citizens in compliance with all legislative, judicial, and administrative obligations; and related work as apparent or assigned. Work involves setting policies and goals under the direction of the City Council. Organizational supervision is exercised over all personnel within the organization. Salary: $149,229 to $181,559. View the full position profile at https://www.ddahumanresources.com/activesearches. Closes March 14.

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, documenting and dispatching 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. Comprehensive benefit package. UP TO $3000 HIRING BONUS! Open until filled. EOE. Apply: Human Resources Office, City of Pierre, Box 125, Pierre, SD 57501, Phone (605) 773-7429 or www.cityofpierre.org.

Corrections Officer - City of Winner, SD. Full benefits (value $17,500.54) No felony convictions. Must be 18 years of age. $19.65 per hour or DOE. $1,500 moving bonus / $1,000 signing bonus may apply. For a complete job description and application, contact the City of Winner at 605-842-2606 or winnerhr@gwtc. net. Closes March 31.

CLASSIFIEDS
36 SOUTH DAKOTA MUNICIPALITIES | March 2023

Deputy Public Works Director/General Maintenance – City of Eureka, SD. Experience preferred in heavy machinery  operation and knowledge of all city departments and functions in  all departments. Must possess or obtain a CDL within 6 months.  CDL training paid by city if three-year commitment signed. Must  have or ability to get mosquito and herbicide spraying certifi cations  within two years. Must also have or ability to get water and sewer  certifi cations by the state of South Dakota within two years.  Appropriate character and behavior traits for public relations. Pay  based upon experience. Contact the City Offi  ce at 605-284-2441  or the City Shop at 605-284-2348 for more information. Apply at  the City of Eureka, PO Box 655, Eureka, SD 57437. Open until  fi lled. EOE.

EDA Coordinator\Development Director - City of Windom,ND. Responsible for administrative and professional work promoting,  facilitating, and coordinating development activities. Windom's  current major projects include marketing/development of new  residential subdivision and retention and expansion of retail.

Minimum Director qualifi cations - Bachelor's degree with major  coursework in fi nance, real estate, marketing, economics, local  and urban planning, or a related fi eld. Minimum Coordinator  qualifi cations - Associate's degree coursework in fi nance, real  estate, marketing, economics, local and urban planning, or related  fi eld. Experience in banking, accounting, real estate, or sales.  Additional information available at - www.windom-mn.com. Open  until fi lled.

Engineering Technician – City of Watertown, SD. Provides  technical support to the Lake Kampeska Watershed Project District  (LKWPD). This includes: coordination of shore stabilization, lake

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quality testing, lake monitoring, and other projects as assigned.  Provides other technical related duties to achieve the objectives of  the Engineering Division, including surveying, operating computer  aided drafting (CAD), and geographic information systems (GIS);  producing plans and specifi cations for projects; administering  projects, conducting research and gathering data; providing  information regarding projects; and observing and inspecting  construction to ensure compliance. Learn more and apply at www. watertownsd.us/Jobs.aspx. Open until fi lled. EOE.

Finance Officer - City of Parkston, SD. Candidates must have  at least two years college or vocational school and two years  of job experience, or an equivalent combination of experience,  education and training which provides the desired knowledge,  skills, and abilities. Must be bondable; have a valid driver’s license.  Excellent benefi t package. Salary DOE. Interested applicants  can obtain an application and full job description at the Parkston  Finance Offi  ce at 207 W. Main St. or by calling 605-928-3321  during regular business hours. Applications are also available on  the city’s website: www.cityofparkston.org, vlick on Job Openings.  Open until fi lled. EOE.

Human Resources Director - City of Ashland, OR. The City of  Ashland, Oregon is seeking a knowledgeable Human Resources  Director for this vibrant and progressive community of 21,600  tucked among the foothills of southern Oregon's mountainous  Rogue Valley. This is a unique time in Ashland's history with a recent  change in the form of government to council-manager. The HR  Director will have a direct hand in assisting the City Management  team in shaping the organizational culture to continue to attract the  best and brightest professionals to further the City's outstanding

CLASSIFIEDS
“We know your goals are bigger than just the project at hand. We’re invested in your overall best interest.”
Dustin Dale, PE, AE2S Engineer
Water Engineering and Beyond www.ae2s.com Award-Winning Best Place to Work

CLASSIFIEDS

service delivery. Visit gmphr.com for full description. EOE. Open  until fi lled; fi rst review was Feb. 19.

Office Manager - South Dakota Municipal League, Fort Pierre, SD. Ensures a smooth functioning offi  ce and provides professional  and administrative support including composing correspondence,  creating and maintaining databases, mailing lists, and filing  systems, proofreading documents, preparation for meetings  and events, and coordinating travel. Receives and routes calls,  greets visitors, and serves as the fi rst point of contact with the  SDML offi  ce. A strong ability to build and maintain relationships,  exceptional communication skills, and a commitment to excellent  customer service are essential. Knowledge of South Dakota local  government is preferred. Salary: $37,000 to $45,000, depending  upon qualifi cations. Full description at sdmunicipalleague.org.  Open until fi lled.

Patrol Officer - City of Pierre, SD. Performs law enforcement  & public safety duties as necessary to maintain law & order in  the City of Pierre. Must be at least 21 years of age, have a high  school diploma or GED, & pass the police entry level examinations  including a background investigation. Prior experience in law  enforcement is desirable. Certifi ed offi  cer preferred. Wage: $23.75  minimum plus comprehensive benefi t package. Up to $3,000 hiring  bonus. Apply: Human Resources Offi  ce, City of Pierre, Box 1253,  Pierre, SD 57501, (605)773-7429, www.cityofpierre.org. Open  until fi lled. EOE.

Police Officer – City of Box Elder, SD. Seeking motivated and  hard-working individuals with a desire to serve the community  as full-time police offi  cers. We work to maintain a highly trained,  technically advanced, professional force where respect, teamwork  and camaraderie are our culture. Qualifi ed candidates should have  law enforcement certifi cation or be enrolled in a vocational school  or police academy program with eligibility to test for reciprocity.  10-hour shifts, 4 days per week on a varying schedule that rotates  every 2-4 months. Visit the City of Box Elder website at www. boxelder.us to learn more about the position or to apply. Closes  March 31

Police Officer - City of Spearfish, SD. Enforce local, state, and  federal laws, prevent and suppress crime and accidents, and  promote public safety through community policing principles.  Responsible for the investigation of criminal cases as assigned.  Requirements: Knowledge and level of competency commonly  associated with completion of specialized training in the fi eld  of work, in addition to basic skills typically associated with a  high school education; possession of or ability to readily obtain  South Dakota Law Enforcement Certifi cation. Full-time position.  Starting wage range: $26.72 - $32.55 per hour, competitive benefi t  package. Full description and apply at www.cityofspearfi sh.com.  Open until fi lled. EOE.

Police Officer – City of Vermillion, SD. The Vermillion Police  Department is accepting applications for a full-time Patrol Offi  cer.  Duties to include: performing varied assignments in motorized

38 SOUTH DAKOTA MUNICIPALITIES | March 2023

patrol, traffi  c control and enforcement, accident investigation,  preliminary and follow-up investigation at crime scenes, and  assisting in public safety education programs. Wage: $23.06 per  hour to $24.46 per hour depending on certifi cation and education  (Lateral entry offi  cers can be placed in a higher step depending on  experience and qualifi cations). To download a full job description  and application, please visit the City's website: https://www. vermillion.us. Open until fi lled.

Police Officer - City of Whitewood, SD. Enforce local, state  and federal laws, prevent crime and accidents, and promote  public safety through community policing practices. Responsible  for investigation of criminal cases as assigned. Certifi ed offi  cers  preferred. Work in a small community in the Beautiful Black Hills  of South Dakota. Paid vacation & sick days, medical, dental and  vision plans available. Full-time. Starting wage certifi ed $20 an  hour, un-certifi ed $18.50 an hour. Required to obtain SD LET  certifi ed within one year. Send resumes to paul@cityofwhitewood. com. Open until fi lled.

Roads Operator – City of Box Elder, SD. Responsible for  performing technical duties related to the operations, maintenance,  and repair of the city's roadway system and stormwater  infrastructure. Full-time and benefi tted position located in the City  of Box Elder with a starting salary of $20.48 DOE. The schedule is  typically Monday through Friday, 8 a.m.-5 p.m. with an option for a  four day 10-hour shift schedule and three days off. To learn more  about this position or to apply, please visit the Human Resources  page at www.boxelder.us. Closes March 31.

Sewer Collection Maintenance Technician - City of Pierre, SD. Provides services in the water and wastewater departments  by repairing and maintaining sanitary and storm sewer mains. A  CCTV van including computer applications to video and inspect  sanitary and storm sewer lines. You’ll operate a Vactor truck to  clean sewer lines, storm lines, lift stations, and multiple structures  located around the city. Performs smoke testing, bypass pumping  and fl ow monitoring. Comprehensive benefi t package, DOQ. UP  TO $3000 HIRING BONUS! Applications to: City of Pierre Human  Resources Director, P.O. Box 1253, Pierre SD 57501, (605) 7737429, www.cityofpierre.org. Open until fi lled. EOE.

Street Mechanic - City of Pierre, SD. Responsible for the  mechanical repair and maintenance of department vehicles, trucks,  and equipment. Work consists of diagnosing, troubleshooting, and  performing preventive maintenance on vehicles and equipment.  Welding and inventory management experience benefi cial. Must  have possession of or ability to obtain a Class A CDL with air  brakes and tanker endorsements and be able to work in inclement  weather conditions. Comprehensive benefi t package. Wage offer  will be based upon actual education and experience. Up to $3,000  hiring bonus. Apply: City of Pierre Human Resources Director, P.O.  Box 1253, Pierre SD 57501, (605) 773-7429, www.cityofpierre. org. Open until fi lled. EOE.

Utility Director - City of Madison, SD. Responsible for  coordinating, planning, organizing, and directing the city's electric,  water and wastewater utility operations and services. Excellent  management skills as the position oversees approximately 18-20  employees with a wide range of disciplines. Develop and manage  budgets, review reports, analyze customer data, establish,  and maintain programs, construction and contract documents,  agreements, and follow resolutions and ordinances. Maintains  and develops wholesale power supplier's relations and establishes  new programs for energy, water conservation, and fi nding ways

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to reduce demand costs. Full job description and apply at www. cityofmadisonsd.com. Open until fi lled. EOE.

Water Maintenance Technician - City of Pierre, SD. Responsible  for the installation repair and maintenance of all water and sewer  mains. MINIMUM QUALIFICATIONS: State of SD Board of  Operator Certifi cation in water distribution within 18 months of  employment. Must have or be able to obtain a Class B CDL with  Tanker Endorsement. Skill in the installation, maintenance, & repair  of water & sewer lines & mains would be benefi cial. Apply: City  of Pierre Human Resources Director, P.O. Box 1253, Pierre SD  57501, (605) 773-7429, www.cityofpierre.org. Comprehensive  benefi t package. Wage offer based upon actual education and  experience. Up to $3,000 hiring bonus. Open until fi lled. EOE.

Water Operator I - City of Box Elder, SD. Responsible for assisting  in the installation and repair of water system components, as well  as installation, maintenance, repair, and reading of water metering  components. Also assists in the collection of water samples,  performs visual checks of facilities for equipment malfunctions,  maintains records and logs, and helps locate underground utilities.  Starting wage is $20.47-$22.60 depending on experience and  certifi cations. Generous paid time off program, 10.5 paid holidays  per year, and excellent benefi ts which include employer paid  health, dental, and vision for the employee, plus enrollment in  the SD retirement plan. Learn more and apply at www.boxelder. us. Open until fi lled.

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39 sdmunicipalleague.org | 1.800.658.3633
Four locations including Sioux Falls, SD 605-339-4157
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Water/Wastewater Worker – City of Parkston, SD. Duties  include collecting water and wastewater samples to send into the  state lab; document report test results and operations information  for state agencies. The TriplePoint system with NitrOx Double Tank  will begin process of bid opening in March 2023 and construction  complete Fall 2024. Must have Wastewater Treatment 1 & 2,  Wastewater Collection 1 & 2, and Water Distribution 1 or be able  to obtain the certifi cations within 1 year with City Assistance.  Benefi ts: Health Insurance, SD Retirement, Vacation, Sick Leave  and 10 paid holidays. Wage depends on experience. Learn more  and apply at www.cityofparkson.org. Open until fi lled. EOE.

Water Utility Repair Technician I, II, or III, Public Works Department - City of Rapid City, SD. Performs skilled specialized  work in maintenance, repair, and inspection of the water distribution  system. Starting wage is $22.03 - $24.651 per hour depending on  experience, with generous benefits and retirement options. For  more information and to apply, visit www.governmentjobs.com/ careers/rapidcity. Open until filled.

Youth Services Coordinator, Rawlins Library – City of Pierre, SD. Plans, organizes, promotes, and supervises library  programs for pre-school, elementary, and young adult library  users; participates in short- and long-range planning; coordinates  activities with other library staff; manages the selection, ordering,  cataloging, and weeding of youth library materials consistent  with the library’s mission and policies; and assists patrons in the  selection and use of library materials. Must have knowledge, skill,

and ability in every phase of the public library field, particularly as  it relates to children's and young adult library services. Occasional  evenings and weekends. Up to $3,000 hiring bonus. Apply: Human  Resources Director, P.O. Box 1253, Pierre SD (605) 773-7429,  www.cityofpierre.org. Open until filled. EOE. ■

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

SDmunicipalleague.org/classifieds

CLASSIFIEDS POLICY: $50 per submission. SDML members  receive classifi ed 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 10th of  the month preceding the publication date. Submissions may  be subject to editing. ■

OF THE

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Some SDML staff may have limited office availability March 14-31 as they travel to and attend district meetings.

Our attorneys work as a team, giving us a unique ability to consult on the full scope of legal needs for municipalities without having to look outside our firm.

Our value-driven approach has led us to become a strategic partner for the communities we serve.

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Your City Attorney Services Knowledge. Heritage. Innovation. 300 S Phillips Ave, Suite 300 | Sioux Falls, SD 57104 | (605) 336-3890 www.woodsfuller.com 40 SOUTH DAKOTA MUNICIPALITIES | March 2023 CLASSIFIEDS

MARCH

March 2023

Not later than the third Monday in March – A copy of the assessment roll must be furnished to each requesting municipality. (SDCL 10-3-28; See Hdbk., sec. 12.105)

Third Monday of March (Equalization meeting) – The governing body and the

finance officer together representing the municipality with a member of the school board are required to meet for the purpose of equalizing the assessment of property. The Equalization Board may adjourn from day to day until the process has been completed within five days. (SDCL 10-11-13, 10-11-14; See Hdbk., sec. 12.120)

On or before the fourth Monday of March – After completing the equalization the clerk of the equalization board is required to deliver the assessment roll to the county Director of Equalization. (SDCL 10-11-21; See Hdbk., sec. 12.120)

At least six days prior to the last Tuesday of March – The county director of equalization must publish a list of

all tax exempt property in the county. This publication must be in the official newspapers of the county. (SDCL 10-415.1; 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 Auditor-General on or by the same date. (SDCL 11-848; See Hdbk., sec. 14.200, The Urban Renewal Agency)

April election – Follow the Municipal Election Calendar for all election deadlines. ■

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41 sdmunicipalleague.org | 1.800.658.3633 MUNICIPAL CALENDAR

At least one day before the election – The Finance Offi  cer must deliver the  precinct registration lists to the local  election offi  cials. (SDCL 12-4-24; See  Hdbk., sec. 7.170)

Second Tuesday of April – Annual  elections for the offi  cers of a municipality

are required to be held. (SDCL 9-13-1;  See Hdbk., sec. 7.050) A municipality  may combine its election with a school  district election and hold this election on  the school election date (third Tuesday  in June) or on the fi rst 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 10-1166 through 10-11-76; See Hdbk., sec.  12.120)

Within two days after the election is declared – The fi nance offi  cer must  notify all persons elected to offi  ce. The  officials elected to office then have  ten days after the fi rst meeting of the  month next succeeding the election to  qualify for the offi  ce by fi ling an oath or  affi  rmation of offi  ce. (SDCL 9-13-28) If  the governing body chooses an election  day other than the second Tuesday of

April, as provided in SDCL 9-13, that  Election Day must be established by  January 14 of the election year. (SDCL  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 fi rst election. Provisions for  tie votes in the fi rst election are also  provided for. The person receiving  the highest number of votes at the  secondary election is elected. (SDCL  9-13-26.1; See Hdbk., sec. 7.600)

June elections – Follow the Municipal  Election Calendar for all election  deadlines. ■

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