South Dakota Municipalities - April 2022

South Dakota

MUNICIPALITIES The Magazine of the South Dakota Municipal League

April 2022 | Volume 88 | Number 10

The Top Five Takeaways for Cities ►p. 6

ALSO INSIDE► Supreme Court Cases to Watch | Affiliate Scholarships | Finance Officer School

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SOUTH DAKOTA MUNICIPALITIES

April 2022

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

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

DISTRICT CHAIRS Dist. 1 | Mike Grosek Mayor, Webster Dist. 2 | Paullyn Carey Finance Director, Huron Dist. 3 | Dawn Murphy Finance Officer, Tea Dist. 4 | Rebecca Brunsing City Administrator, Wagner 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 Officer, Custer Dist. 10 | Michelle DeNeui Finance Officer, Spearfish District Chairs for 2022-2023 were elected at the district meetings held in late March and were unavailble at press time. They will be listed in the May issue.

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

State of the Union: 5 Takeaways ......................... 6 SDDOT Bridge Improvement Grants ................... 9 Transportation Economic Development Grants . 13 Rankin Re-Joins SDML Staff ............................. 15 Affiliate Scholarship Funds Available ................. 16 Supreme Court Midterm for Local Government 18

Columns Director’s Notes ................................................. 4 President’s Report ............................................. 5 SDMEA Hometown Power................................. 8 Risk-Sharing News .......................................... 14 SDPAA News ................................................... 22 Washington Report | Sen. Rounds .................. 28

Professional Development SD Governmental Finance Officers' School ....... 10

In every issue Hometown Happenings ................................... 11 SDML Events Calendar ................................... 12 City Highlight | Mobridge ................................ 17 Directory Updates ............................................ 21 Classifieds ....................................................... 30 Municipal Calendar .......................................... 37 Cover photo: iStock.com/mattjeacock SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-2248654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota, and additional mailing offices. Non-member subscriptions are available for $30 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League. Postmaster: Send address changes to SOUTH DAKOTA MUNICIPALITIES, 208 Island Drive, Ft. Pierre, South Dakota 57532. Please recycle this magazine.

Cover photo: iStock.com/Nastco

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DIRECTOR’S NOTES YVONNE TAYLOR

We are home from our district meeting tour, and so grateful to all of you who hosted us and attended these meetings! We had a great round of meetings and as always return to Pierre amazed at the talent and dedication we find in our cities. This year was especially sweet as it was the first time we’ve met in person in two years.

The district meeting tour is always a wrap-up of the recent legislative session.

It was very exciting to go on the road with good news for a change! Massive investments will be made through the Clean Water State Revolving Fund (SRF) for water and sewer, and we hope in workforce housing. As this is written, we don’t know if the Governor will sign the bill allocating $150 million in general funds and $50 million in federal ARPA funds for infrastructure for workforce housing – But we are sure hoping she does.

We have other signs of hope this spring.

The Senate has become a very normal place to do business – it is full of good legislators. In the House, we are so grateful that the last election sent in a great crop of new representatives.

But some remaining dysfunction seems to have gotten public attention that has driven

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more people to run. So here is your annual reminder: Elections matter. The last one made a huge difference in your Legislature – and more good changes are likely to happen if you look at who is running and choose not the ones that tell you what is easy to hear, but the ones who are thoughtful and tell you the harder truths.

But the biggest point of hope for South Dakota remains in local government. Through storms, snow, flooding, and drought, it is city officials stepping up and getting the job done. It is our city people out there clearing streets, getting water and sewer systems back online, communicating with their citizens and working through the real problems of each day. It is our city people who years ago had the foresight to develop plans, storm water systems, and invest in equipment and personnel to deal with problems and prevent and mitigate damage as much as possible while keeping citizens safe.

One phrase someone said that keeps running through my mind lately is, “Would you rather make a point, or make a difference?” We are so proud to be able to work for you – your answer is always, “We’d rather make a difference.” Thank you for that, and for being the people who are on the ground, making a difference every day for South Dakota.

Until next month, we are always available at 1-800-658-3633 or yvonne@ sdmunicipalleague.org. ■

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PRESIDENT’S REPORT STEVE ALLENDER

Greetings to all of you who have survived winter! (So far…)

Over the past couple of weeks, I completed a tour of our great state to attend a number of Municipal League district meetings. It was good seeing some of you there.

The Municipal League provides the muchneeded social and supportive structure to enable cities to connect, communicate, and conquer major issues within our communities.

I’ve said before, city government may be the only government worth serving in due to the common challenges, the closeness to constituents and the ability to make changes in the interest of the community at large.

We are experiencing some troubling times.

The war in Ukraine serves as a flashback to those of us who grew up during the Cold War. We felt a constant looming threat of Russia taking over the world and our children or grandchildren speaking Russian as a first language. There are decades of stories - and frankly, a culture that goes along with Cold War concerns. Here we are in 2022 and we are, in fact, in the new Cold War. As if managing community issues was not challenging enough, the new items on the table are inflation, housing shortages, and now availability or cost of gasoline. The Biden administration has been quite transparent regarding the issue of fossil fuels and energy sustainability.

Whether you see this as a typical political agenda or as a real issue, the result is the same. Fossil fuels are our primary energy source in this country, and especially in the rural parts of this country. To choose this particular time to wean America off fossil fuels is very unfortunate and will create many challenges.

Those challenges will likely create a new financial burden for all.

Your duty as the leaders in South Dakota cities and towns will be to mitigate the indirect consequences of all this.

Transportation is a crucial issue in rural America.

Public transportation is not available in most parts of our state and even if it were, it could not solve all of our problems. Not everyone can afford an electric car, especially when the electric car infrastructure does not extend into sparsely-populated areas of a rural state.

These issues will be difficult enough without the complicating and polarizing effect of the partisan divide. My hope is that we will work to keep our communities together. Our constituents are counting on us.

On the bright side, the legislative session is over and we are working our way through the 325 days until the next one begins! Here’s to a happy and healthy April! ■

sdmunicipalleague.org | 1.800.658.3633

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State of the Union 2022: 5 Takeaways IRMA ESPARZA DIGGS, NATIONAL LEAUGE OF CITIES SENIOR EXECUTIVE AND DIRECTOR OF FEDERAL ADVOCACY Reprinted from National League of Cities, www.nlc.org.

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REBUILDING OUR NATION’S INFRASTRUCTURE

Cities, towns and villages are ready to rebuild with the Bipartisan Infrastructure Law (BIL). In his State of the Union, President Biden shared our enthusiasm to strengthen and rebuild the infrastructure that keeps Americans and our economy moving. The BIL includes historic investments for communities across the country for transportation, water, and broadband projects.

We look forward to continuing to work with President Biden and the administration to continue to build on federal-local partnerships for the benefit of all residents.

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STRENGTHENING THE ECONOMY

Economic recovery starts at home.

The American Rescue Plan Act (ARPA) and the BIL are being put to work in every community to 6

Want to learn more about what opportunities are available in the BIL for your community?

Find resources at NLC.org: • Review the White House’s BIL Guidebook and complementary tool to find BIL programs.

• Find informative articles, webinars, recorded videos, and more at our Ready to Rebuild hub.

recover from COVID and strengthen our economic recovery. Through these critical federal investments, communities across the country are beating the COVID pandemic, supporting vulnerable communities, and increasing public safety.

NLC, Brookings Metro and the National Association of Counties (NACo) recently launched the Local Government ARPA Investment

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iStock.com/Vitalii Abakumov

Last month, President Biden gave his State of the Union address. His speech addressed a broad range of topics including infrastructure, COVID relief funds, public safety, and other priorities for local leaders. Here are five takeaways local leaders should know from the 2022 State of the Union.

Tracker, an online resource that compiles information from local governments to offer a detailed picture of how large cities and counties are deploying State and Local Fiscal Recovery Fund (SLFRF) dollars. The tool tracks more than $18 billion in SLFRF investments across 152 local governments.

An essential component to this economic recovery is ensuring we have the skilled workers needed to build our roads, bridges, water and broadband systems. While ARPA investments are critical to meeting today’s workforce needs, they’re not enough. Congress must invest at least $40 billion in workforce development so that cities can get to work.

Get involved: Urge your member of Congress to support additional workforce investments and give cities more flexibility when using ARPA recovery funds using our email template.

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SUPPORTING PUBLIC SAFETY

Thanks to the unprecedented $65 billion in direct ARPA funding available to every municipal government, cities across the country like Baltimore, MD, Newark, NJ, Los Angeles, CA, Houston, TX, Charlotte, NC are making significant investments in violence prevention programs, including violence interrupters, crises intervention programs, and alternative response programs for behavioral health, substance use, and homelessness incidents. NLC looks forward to working with the Biden Administration to help cities address these challenges.

Last year NLC launched the Reimaging Public Safety Task Force,

chaired by Mayor Ras J. Baraka of Newark, NJ and Mayor David Holt of Oklahoma City, OK, to provide actionable steps for municipal leaders to take on challenges. Learn more about the task force on NLC. org.

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ADDRESSING MENTAL HEALTH & SUBSTANCE USE

Local leaders understand the need to go above partisanship to get the job done for their communities.

Biden laid out a list of bipartisan policies he hopes to accomplish, including addressing the substance abuse and mental health crisis that has worsened due to the pandemic.

Cities are on the front lines of substance use and mental health

crisis, leading the way on emergency response and crisis stabilization.

We’re ready to work closely with the federal government to battle this epidemic together and support Americans across the country struggling with mental health and substance abuse.

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STANDING WITH UKRAINE

Cities, towns and villages understand the importance of strengthening the federal-local partnership – and this partnership extends to our commitment to democracy. As President Biden said, we stand with the Ukrainian people. And we stand behind the President as he gathers our allies around the world against Russia’s aggression and attacks on democracy. ■

sdmunicipalleague.org | 1.800.658.3633

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CHRIS HILL DIRECTOR OF MUNICIPAL ELECTRIC SERVICES Legislative session is over! The three electric utility providers in South Dakota worked together to pass some important legislation regarding electric vehicles this year.

Senate Bill 80 is an act to exempt the provision of electricity through electric vehicle charging stations from the definition of electric utility. This bill protects businesses from needing to become a utility if they have charging stations installed at their place of business. So, if your local business wants to install EV charging stations, they will have to purchase the power for those charging stations from the incumbent utility provider rather than generating their own power and becoming a utility and following the regulations of a utility provider.

a great recap of bills that affected the SDML during legislative session and a great chance to network with other municipal employees.

The SDMEA Conference is April 5 and 6, so depending on when you read this, the conference might still be going on. Once again, I want to encourage our members to attend any event that we host. It is key to be able to understand issues that may arise in your community and helps us to keep the conversations going.

Upcoming events include our annual SDMEA Golf Tournament which we are hoping to host in early June.

This one-day event helps promote our association and brings us all together for a fun event. This year we are also hoping to add another event in the fall – possibly a trap shooting event. Information on that will be coming in the next couple of months as well!

We have lots of great things that are taking place within our association. The involvement of our members and opportunities for our members to work together at events is critical for the development of our association and can help you to make your HOMETOWN great! ■

This year the South Dakota Public Power group also hosted a late session dinner for our legislators. The SDMEA, Heartland Consumers Power District, and Missouri River Energy Services hosted a dinner on March 1.

Unfortunately, the Senate Republicans also had a dinner that night, so we were down a few legislators, but quite a few of the Senate Republicans did make an effort to come visit with us before their dinner began. In total we were able to visit with 73 of the 105 legislators to discuss municipal electric utilities and the future of our electrical systems, including electric vehicle integration.

The South Dakota Municipal League district meetings are now over, and I am thrilled that I had a chance to visit with many of you during the meetings. The district meetings are

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S i o u x Fa l l s , 2 7 C o u n t i e s R e c e i v e SDDOT Bridge Improvement Grants The South Dakota Transportation Commission awarded 39 preservation, rehabilitation, and replacement Bridge Improvement Grants (BIG) totaling approximately $23 million at their recent commission meeting held in Pierre.

The City of Sioux Falls was the only municipality to submit applications this cycle, and both of those projects were selected as recipients. Another 50 applications were submitted by 27 counties. Fifty-two applications totaling $42.9 million in total project costs were received by the South Dakota Department of Transportation (SDDOT).

In addition to the City of Sioux Falls, grant recipients include the counties of Aurora (2), Beadle (3), Brookings (2), Clark (1), Corson (1), Day (3), Deuel (1), Grant (1), Gregory (1), Haakon (1), Hanson (1), Hughes (1), Kingsbury (1), Lake (1), Lawrence (1), Lincoln (1), McCook (1), Minnehaha (1), Pennington (6), Sanborn (1), Tripp (2), Union (3), and Yankton (1).

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

“The BIG program continues to be very popular for the necessary preservation, rehabilitation, and replacement of local government structures,” said Joel Jundt, Secretary of Transportation. “The DOT commends the Transportation Commission for their continued commitment to provide state funding for this vital local government program. The goal is to enhance the overall condition of these critical assets that South Dakotans are dependent upon each and every day. These structures provide the link that drives the interconnectedness of our state’s overall transportation system; while enhancing statewide economic development overall.”

The Bridge Improvement Grant (BIG) program was created by the 2015 legislative session in Senate Bill 1 (SB 1). Cities are not required to have a transportation plan, and they do not have statutory authority to establish a wheel tax.

SB 1 dedicated $7 million per year for the BIG funds. This money comes from the license plate fees and from noncommercial vehicle fees. In addition, SDDOT annually sets aside $8 million per year of state gas tax funds, for a total of $15 million available for the BIG grants.

This year, the Transportation Commission awarded approximately $1.5 million in preliminary engineering (PE) grants, increased the available funding by $7.5 million, reallocated approximately $2.25 million from closed projects for a total allocation of $24.75 million.

The $24.75 million total represents the amount allocated within this grant cycle, which began last fall with preliminary engineering (PE) grants. To date, the BIG program has awarded $101.2 million in grants to local governments including the allocations made this year.

Local governments are required to pay a minimum of 20 percent matching funds; and have three years to expend the grant award.

Applications for the next round of the BIG program are due Aug. 1, 2022, for the Preliminary Engineering (PE) category.

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For more information regarding the BIG program, contact Doug Kinniburgh at 605-773-4284 or visit dot. sd.gov. ■ sdmunicipalleague.org | 1.800.658.3633

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PROFESSIONAL DEVELOPMENT

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11:00 – 11:55 a.m. &RQFXUUHQW 6HVVLRQV 3LFN RQH VHVVLRQV UHSHDW LQ WKH DIWHUQRRQ )2 Finance Officers Claire Baartman, Dell Rapids, and Christina Smith, Brandon $LUSRUWV *UDQWV 5HLPEXUVHPHQW (OLJLELOLW\ Jon Becker, Aeronautics Engineer, SDDOT $XGLW 5HTXLUHPHQWV DQG 3UHSDUDWLRQ Cody Papke – Accounting Manager, Sioux Falls

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Registration Opens Soon

www.sdmunicipalleague.org/FinanceOfficers

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HOMETOWN HAPPENINGS

April 02 08

TRAVELSOUTHDAKOTA.COM

STATE PARK CAMPING RESERVATIONS OPEN FOR THE FOURTH OF JULY WEEKEND www.campsd.com APRIL 8-9 FORKS, CORKS AND KEGS FOOD, WINE AND BEER FESTIVAL Deadwood

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APRIL 22-23 JUNKIN' MARKET DAYS Sioux Falls

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WINEFEST RENAISSANCE Aberdeen

APRIL 8-9 JACKRABBIT STAMPEDE RODEO Brookings

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APRIL 23-24 BROOKINGS AREA QUILT GUILD SHOW Brookings

RIVER RAT MARATHON Yankton GOOD EARTH DAY Good Earth State Park, Sioux Falls

ANGOSTURA IRON MAN Angostura Recreation Area, Hot Springs

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PARTY FOR THE PLANET Sioux Falls LEARN TO FLY FISH Outdoor Campus - Sioux Falls

NOMINATIONS NOW OPEN Finance Officer of the Year Deadline: May 1

The award will be presented at the 2022 Finance Officers School in Huron in June.

Complete the online nomination form:

www.sdmunicipalleague. org/financeofficers

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The South Dakota Governmental Finance Officers Association (SDGFOA) invites you to recognize your municipality’s Finance Officer by nominating them for the Finance Officer of the Year Award.

SAVE THE DATE

HR SCHOOL Presented by the SD Governmental Human Resource Association

June 7-8, 2022 | Huron, SD Registration Opens Soon! sdmunicipalleague.org | 1.800.658.3633

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SDML EVENTS

UPCOMING SDML EVENTS Apr

5 5-6

7 7 19-21 26-27

MAY 11 24-27

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SD BUILDING OFFICIALS' ASSOCIATION ICC TRAINING SEMINAR Rapid City SD MUNICIPAL ELECTRIC ASSOCIATION CONFERENCE AND TECHNOLOGY EXPO Watertown SD BUILDING OFFICIALS' ASSOCIATION ICC TRAINING SEMINAR Sioux Falls SD AIRPORT MANAGEMENT ASSOCIATION MEETING Pierre SD POLICE CHIEFS / SD SHERIFFS ASSOCIATION SPRING CONFERENCE Deadwood

Jun 7-8 8-10

SD GOVERNMENTAL FINANCE OFFICERS’ ASSOCIATION SCHOOL Huron

16-17

SDML BOARD OF DIRECTORS MEETING Rapid City

16-17

SD BUILDING OFFICIALS’ ASSOCIATION SUMMER TRAINING Spearfish

TBD

SD MUNICIPAL ATTORNEYS’ ASSOCIATION MEETING Rapid City

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BUDGET TRAINING Rapid City

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BUDGET TRAINING Sioux Falls

SD MUNICIPAL STREET MAINTENANCE ASSOCIATION SPRING MEETING Rapid City

July 13

SD ASSOCIATION OF CODE ENFORCEMENT SPRING TRAINING Fort Pierre

Aug 17-18

SD CITY MANAGEMENT ASSOCIATION CONFERENCE (GOSCMA) Spearfish

SD GOVERNMENTAL HUMAN RESOURCE ASSOCIATION SCHOOL Huron

ELECTED OFFICIALS WORKSHOP Pierre

POLICY COMMITTEE MEETINGS Fort Pierre

Find more events online www.sdmunicipalleague.org/events

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TRANSPORTATION ECONOMIC DEVELOPMENT GRANTS The South Dakota Department of Transportation has developed a grant program to foster economic development and enhance community access in South Dakota.

The program has three categorical purposes.

INDUSTRIAL PARK GRANTS will be made to any local unit of government for the development of new or expanded access for new industry located within industrial parks. Applications are due April 15, July 15, or October 15.

AGRI-BUSINESS GRANTS will be made to any local unit of

government for the development of new or expanded agri-business industries. Applications are due April 15, July 15, or October 15.

or utility work. Grant size is limited to $600,000 for Community Access and Agri-Business Grants and $500,000 for Industrial Park Grants.

COMMUNITY ACCESS GRANTS are state funds for

All grants will be based on the criteria developed by the Department of Transportation. The expenditure authority for the program will be determined by the Transportation Commission. All grants must be approved by the Transportation Commission and may be used to construct or reconstruct roads and streets in the community.

towns less than 5,000 in population and are for the construction or reconstruction of major streets in each town such as Main Street, the road to the elevator, schools, hospitals, etc. Applications are due July 15.

These programs provide for 80% of the construction costs of the project, not including engineering

For more information and to apply, visit dot.sd.gov. ■

sdmunicipalleague.org | 1.800.658.3633

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Risk-shari ng news

JENNIFER ANDRISEN SELZLER, CLAIMS ASSOCIATES, INC.

Workers’ Compensation Benefits The discussion about workers compensation often includes topics such as timely reporting, the claim investigation, disputes, and litigation. However, since most claims are compensable and accepted, we would like to explain some of the benefits that the workers’ compensation system offers an injured employee.

Permanent benefits are paid when a physician determines that the employee has an impairment rating.

This percentage of impairment is multiplied by the applicable statute and the weekly benefit rate (SDCL 62-4-6).

Benefits are categorized by indemnity and medical benefits.

Indemnity payments are for wage loss and impairment. Temporary benefits are paid for wage loss when a physician writes an order that the employee is unable to work for a period of time longer than seven consecutive days. (SDCL 62-4-2) In order to determine the weekly benefit rate, we review 52 weeks of payroll prior to the injury. A Form 110 “Calculation of Compensation” is submitted to the Department of Labor and Regulation (DOLR).

TTD Temporary Total Disability TPD Temporary Partial Disability PPD Permanent Partial Disability PTD Permanent Total Disability

The following are benefits paid as indemnity payments on a claim file:

Employee ordered totally off work Employee released to work with restrictions Physician assesses impairment rating Employee is unable to work in any capacity The most common benefit provided is the medical benefit. Medical documentation is required to

determine compensability of all claims. We do not pay medical benefits without a physician opinion and complete review of the medical records. The medical benefit provides for payment of provider services such as hospital, doctor, physical therapist, and chiropractor. It also pays travel expense if treatment is required of a specialist or provider not located in the employee’s work or home community.

Personal items such as eyeglasses, hearing aids, and dentures can be a covered item if they are damaged in an accident which also causes another injury. (SDCL 62-4-1) As we are all aware, medical expenses have increased over the years and we continue to monitor this is in the workers compensation industry as well. Below is a snapshot of the types of injuries investigated in recent years. ■

TYPES OF INJURIES INVESTIGATED BY YEAR 700

►

600 Arm Back Head Hip Leg Multiple Neck Trunk Other

500 400 300 200 100 0 2019

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2020

2021

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A significant number of claims occur to the upper extremity which includes the arm, elbow, wrist, and shoulder, hand, and fingers.

Consistently the lower extremity (knee, ankle, foot) has the next highest number of claims, while back and head claims are close behind.

R a n k i n R e -J o i n s SDML In New Position The South Dakota Municipal League has announced that Sara Rankin, Pierre, will re-join their staff beginning April 4 as the Director of Research and Training.

Rankin previously served as the Director of Marketing and Communications for four years for the League, a position she left at the end of last summer.

“Sara is very passionate about the League and supporting our cities, and we’re thrilled to have her back,” said Executive Director Yvonne Taylor. “Her experience with League concerns and her established relationships with members will make for a very smooth transition.”

Rankin holds a degree in Business Management and Marketing from Western Dakota Tech and is currently seeking a Bachelor's degree in Leadership and Management of Nonprofit Organizations from South Dakota State University. She most recently served as the President and CEO of the Pierre Area Chamber of Commerce.

“I am so excited to once again be joining the South Dakota Municipal League staff,” said Rankin. “I look forward to reconnecting with member municipalities and those who work hard to keep their cities and towns thriving.”

Rankin fills the position previously held by Lori Martinec, who resigned from the League in February. ■

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100

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AFFILIATE SCHOLARSHIP FUNDS AVAILABLE SD POLICE CHIEFS’ ASSOCIATION SCHOLARSHIP

SD MUNICIPAL STREET MAINTENANCE ASSOCIATION SCHOLARSHIP FUNDS

The scholarship is to attend the International Association of Chiefs of Police (IACP) Conference which will be October 15-18 in Dallas, Texas. Information can be found at: http://www.theiacpconference.org.

Applicant must be a member of the South Dakota Municipal Street Maintenance Association.

Applicant must be a member of the South Dakota Police Chiefs’ Association in good standing and must be a member of IACP. A copy of applicant’s City Councils’ approval for the travel must be received with application.

SDPCA will pay for roundtrip airfare, lodging for the conference dates only, IACP conference registration fee, transportation (taxi, airport shuttle; not rental car) and meals not included in the conference package.

Recipient is responsible for keeping all receipts and submitting them to the SDML for reimbursement following attendance at the IACP conference. All reimbursement costs are subject to SDPCA board approval.

An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Police Chiefs section under the Affiliate Organizations tab.

Submit the application to the SDML, 208 Island Drive, Ft. Pierre, SD 57532 or email info@sdmunicipalleague. org by June 1, 2022, to be considered.

Scholarship funds must be used to attend the American Public Works Association PWX Conference Aug. 28-31 in Charlotte, North Carolina. Conference information can be found at http://www.apwa.net/ PWX. Three scholarships to attend the Conference will be awarded. SDMSMA will pay the cost of airfare, mileage at the state rate, lodging for the conference dates only, APWA PWX Conference registration fee, and meals not included in the conference package at the state meal rate. Recipient is responsible for keeping all receipts and submitting them to the SDML for reimbursement. All reimbursement costs are subject to SDMSMA board approval.

An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Street Maintenance section under the Affiliate Organizations tab.

Submit the completed application to SDML, 208 Island Drive, Ft. Pierre, SD 57532 or email to info@ sdmunicipalleague.org no later than June 1, 2022, to be considered for the scholarship.

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S O U T H D A K O TA M U N I C I PA L I T I E S | A p r i l 2 0 2 2

CITY HIGHLIGHT

MOBRIDGE

KATY HUTCHINS MOBRIDGE AREA CHAMBER OF COMMERCE DIRECTOR OF OPERATIONS

Located in the north-central part of South Dakota, Mobridge embraces the banks of the beautiful Missouri River. Mobridge offers a unique experience for those who may just visit for a day or for those that wish to stay and create lifelong memories. Visitors can enjoy Mobridge’s many community activities, shopping, hunting, fishing, or simply relaxing at our luxurious casino and hotels.

The growing population is supported by farming and ranching operations, retail businesses, and a local K-12 school district which offers educational opportunities to a diverse community.

In Mobridge there are several attractions honoring Native Americans, our early ancestors, and their rich contributions made to South Dakota. Monuments honoring Chief Sitting Bull, a Hunkpapa Teton Sioux spiritual leader, and Sacagawea, a Lemhi Shoshone woman, are found overlooking the Missouri River. Today, these monuments continue to serve as reminders of our past with a growing hope for peace and unity in the diverse community.

Culturally rich attractions for artisans and historians can also be found in Mobridge. In the downtown area, the Scherr-Howe Event Center features the renowned murals painted by Oscar Howe (1915-1983), Yanktonai Indian artist and member of the Crow Creek Sioux Tribe.

His art depicts Native American traditions and early Dakota life on the prairie through a modernist aesthetic painting style. Then, located near a scenic lookout off the banks of the river, South Dakota native sculptor John Lopez honors the Mobridge community with ‘Walleye Up Statue’, a uniquely welded scrap-metal sculpture that features a rodeo cowboy riding a walleye.

MISSOURI RIVER BRIDGE

Sportsmen and women flock to Mobridge as a mecca for the rich wildlife bounties offered by the Missouri River and its adjacent prairies. In January, Mobridge hosts their Annual Ice Fishing Tournament. Now hosting well over 550 teams, this event welcomes people from all over the United States. In July, Mobridge welcomes professional cowboys and cowgirls to compete in the Annual Stampede Rodeo, and parades grace the decorated streets and windows of thriving retailers inviting all visitors to the Mobridge community while celebrating our nation’s birth.

There may not be another city in South Dakota that offers a richer history honoring our pioneering forefathers and Native American ancestors than Mobridge, South Dakota. Our inviting community offers peace and comfort to all who travel and seek adventure on the prairie and along the beautiful Missouri River.

Stop for a visit and stay for a lifetime. We think you’ll like our little town. ■

PHOTOS: Left to right: ANNUAL SITTING BULL STAMPEDE PRCA RODEO; ICE FISHING, Carissa Aberle; WALLEYE UP STATUE

by John Lopez; aerial view of the MISSOURI RIVER near Mobridge.

sdmunicipalleague.org | 1.800.658.3633

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Supreme Court Midterm for Local Governments LISA SORONEN, STATE AND LOCAL LEGAL CENTER

The Supreme Court’s docket is full for the 2021-22 term. The SLLC Supreme Court Preview for Local Governments summarizes a number of important cases for local governments the Supreme Court agreed to hear this term as of July 2021—including a gun case, two First Amendment cases, and a case involving whether emotional distress damages are available under a number of federal anti-discrimination statutes. This article summarizes three more interesting cases for local governments to be decided this term—including two more First Amendment cases.

SHURTLEFF V. CITY OF BOSTON*

The issue the Supreme Court will decide in Shurtleff v. City of Boston* is whether flying a flag on a flagpole owed by a government entity is government speech. If it is, Boston may refuse to fly a Christian flag.

Boston owns and manages three flagpoles in an area in front of City Hall. Boston flies the United States and the POW/MIA flag on one flagpole, the Commonwealth of Massachusetts flag on another flagpole, and its own flag on a third flagpole. Third parties may request to fly their flag instead of the city’s flag in connection with an event taking place within the immediate area of the flagpoles.

Camp Constitution asked the city to fly its Christian flag while it held an event near the flag. The city refused its request to avoid government establishment of religion.

The First Circuit held that flying a third-party flag on a city hall flag poll is government speech meaning the city didn’t have to fly the Christian flag.

According to the First Circuit, in two previous cases the Supreme Court has developed a three-part test for determining when speech is government speech. The Court looks at the history of governmental use, whether the message conveyed would be ascribed to the government, and whether the government “effectively controlled” the message because it exercised “final approval authority over their selection.”

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FLAGS AND GOVERNMENT SPEECH: Shurtleff v. City of Boston will decide if flying a flag on a flagpole owed by a government entity is government speech. iStock.com/rarrarorro

Regarding the history of governments using flags, the First Circuit stated “that a government flies a flag as a ‘symbolic act’ and signal of a greater message to the public is indisputable.”

The First Circuit also concluded that an observer would likely attribute the message of a third-party flag on the city's third flagpole to the city.

Finally, the First Circuit had no difficulty concluding the city controlled the flags. “Interested persons and organizations must apply to the City for a permit before they can raise a flag on this flagpole.”

KENNEDY V. BREMERTON SCHOOL DISTRICT*

In Kennedy v. Bremerton School District,* the Court will decide whether the First Amendment protects a high school football coach who, joined by students, prayed after football games.

According to Joseph Kennedy, his religious beliefs required him to pray at the end of each game. Students eventually joined him as he kneeled and prayed for about 30 seconds at the 50-yard line.

When the school district found out, the superintendent directed Kennedy not to pray with students. After

S O U T H D A K O TA M U N I C I PA L I T I E S | A p r i l 2 0 2 2

widely publicizing his plan, Kennedy announced he would pray after a particular game even if students joined him. He was ultimately put on administrative leave and didn’t apply to coach the next fall.

The Ninth Circuit held that Kennedy had no First Amendment free speech right to pray because he was speaking as a “government employee” rather than as a “private citizen.” And even if he was speaking as a private citizen the Ninth Circuit held the district could prevent him from praying because of Establishment Clause concerns.

The Ninth Circuit concluded Kennedy was speaking as a public employee when he prayed because he “was one of those especially respected persons chosen to teach

on the field, in the locker room, and at the stadium. He was clothed with the mantle of one who imparts knowledge and wisdom. Like others in this position, expression was Kennedy's stock in trade. Thus, his expression on the field—a location that he only had access to because of his employment— during a time when he was generally tasked with communicating with students, was speech as a government employee.”

The Ninth Circuit also held that even if Kennedy’s speech was private, avoiding violating the Establishment Clause was an “adequate justification for treating Kennedy differently from other members of the general public.” Per the Ninth Circuit an objective observer would know “Kennedy actively sought support from the community in a manner

that encouraged individuals to rush the field to join him and resulted in a conspicuous prayer circle that included students.” “Viewing this scene, an objective observer could reach no other conclusion than [the school district] endorsed Kennedy's religious activity by not stopping the practice.”

VEGA V. TEKOH*

The SLLC amicus brief in Vega v.

Tekoh* argues police officers should not be able to be sued for money damages if they fail to provide a Miranda warning.

Terrance Tekoh was tried for unlawful sexual penetration. At trial he introduced evidence that his confession was coerced. A jury found him not guilty. Tekoh then sued the officer who questioned

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him, Deputy Carlos Vega, under 42 U.S.C. Section 1983 claiming Vega violated his Fifth Amendment right against self-incrimination by not advising him of his Miranda rights.

Section 1983 allows persons to sue government officials for money damages who subjected them to constitutional violations. States and local governments generally pay money damages awarded.

The Ninth Circuit held Tekoh could bring a Section 1983 case.

According to the Ninth Circuit, following Miranda there was much debate over whether Miranda warnings were “constitutionally required.” In Dickerson v. United States (2000), the Supreme Court held that Congress could not

20

overrule Miranda via a federal statute that provided confessions were admissible as long as they were voluntarily made, regardless of whether Miranda warnings had been provided. Miranda, the Supreme Court reasoned, was “a constitutional decision.”

So, according to the Ninth Circuit: “Dickerson strongly supports Tekoh's argument that a plaintiff may bring a § 1983 claim predicated on a Miranda violation when the un-Mirandized statement is used against him in criminal proceedings.” “Because Dickerson made clear that the right of a criminal defendant against having an un-Mirandized statement introduced in the prosecution's case in chief is indeed a right secured by the Constitution, we conclude that Tekoh has a claim that his

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Fifth Amendment right against selfincrimination was violated.”

The SLLC amicus brief argues that Miranda isn’t a constitutional right but is instead a judge-made prophylactic rule. “A plaintiff can surely bring suit under §1983 if he is actually deprived of his constitutional rights by a coercive interrogation— for instance, if he is actually forced into an involuntary confession that is later used against him in a criminal trial. But a plaintiff just as surely cannot bring suit under §1983 if he is not deprived of his constitutional rights, and instead is deprived only of a prophylactic protection that this Court has announced to preserve those rights.”

The brief points out that if a police officer fails to provide a Miranda

warning a remedy is available—the exclusion of the resulting statements in any subsequent criminal trial.

The brief also points out the negative consequences for local governments if money damages are available. “The potential burden on local governments and local law enforcement is staggering.

On any given day, police officers interact with tens of thousands of their fellow American citizens, often in ways that involve posing direct or indirect questions and in circumstances that may or may not be custodial. Under the Ninth Circuit’s rule, an officer would either have to provide prophylactic Miranda warnings at practically every one of those interactions, or else face potential personal liability for damages if the resulting statements are later admitted at a criminal trial over the defendant’s objection that he was in custody when they were made.”

Harker Rhodes, Kirkland & Ellis, wrote the SLLC amicus brief which the following organizations joined: National Association of Counties, National League of Cities, U.S. Conference of Mayors, International Municipal Lawyers Association, National Sheriffs’ Association, Major County Sheriffs of America, California State Association of Counties, and the City of Chicago.

CONCLUSION

Interestingly, all three cases present issues which could arise at any local government on any day. Local governments engage in government speech constantly. Local governments, like all employers, want to stop employees from engaging in a variety of activities while at work. And every time a police officer interacts with someone, he or she must decide whether to recite Miranda. The Court will issue opinions in all of these cases by the end of June 2022. ■

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

The list below reflects updates to the directory received since the list included in the March 2022 SD Municipalities magazine.

Municipality Baltic Delmont Groton Hartford Vermillion

Delete FO Linda Laib CM Arden Jones CM Howard Wilson (Deceased)

Add FO Sara Smith FO Mary Williams FO/ADM Doug Heinrich M Arden Jones

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

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The State and Local Legal Center (SLLC) files Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations representing state and local governments. *Indicates a case where the SLLC has or likely will file an amicus brief.

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COLUMN

S D PA A N e w s

DAVE PFEIFLE SDPAA EXECUTIVE DIRECTOR

Improving “Cyber Hygiene”

The SDPAA announces Members’ Cyber Credit Program

Recently South Dakota Public Assurance Alliance (SDPAA) Members have experienced on average two cyberattacks per year, with each attack costing thousands or hundreds of thousands of dollars to repair and remediate. It is becoming increasingly difficult to obtain cyber liability coverage for public entities. This coverage may become unavailable in the near future.

Now is the time for local governments to improve their “cyber hygiene” by taking immediate steps to reduce their cyber risks.

The SDPAA Board of Directors is pleased to launch the SDPAA’s Cyber Credit program. The SDPAA’s 2022 Budget allocated $500,000 towards cybersecurity efforts and the establishment of a Cyber Credit program to

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Local governments in South Dakota and across the country have the dubious distinction of being one of the most “successful” targets for cyberattacks.

Ransomware has become an acute problem where attackers penetrate your cyber network, encrypt the data, then demand money or a “ransom” to decrypt it so you can access it again. This problem is gaining more attention as cyberattacks have become part of the nature of warfare.

provide Members the incentives towards improving their cyber hygiene.

The program will provide three tiers of eligibility for SDPAA Members to receive credits to be used towards their future annual contributions to the SDPAA. To qualify for most of these credits, SDPAA Members will simply need to avail themselves of the free resources readily available for public entities.

The three tiers of the program are as follows:

TIER 1: The first step in minimizing or eliminating risks is to know your risks.

This first tier will require the SDPAA Member to enroll in the Dakota State University Project Boundary Fence program, which provides penetration testing of the SDPAA Member’s cyber infrastructure free of charge.

This testing identifies the ways a cyber attacker could possibly penetrate your system. Please contact Dakota State University at projectboundaryfence@dsu.edu regarding these services and please visit dsu.edu/ boundary-fence for more information.

Their testing schedule is currently about ten months out from the time of enrollment to the time of conducting the testing due to its popularity with local governments in SD (thank you DSU!). The U.S. Cybersecurity &

S O U T H D A K O T A M U N I C I P12/10/2020 A L I T I4:28:20 E S PM| A p r i l 2 0 2 2

Infrastructure Security Agency (CISA), an operational component of the U.S. Department of Homeland Security, has offered to assist DSU in conducting this testing so every SDPAA Member should be able to have this testing completed within six months from the time of enrollment.

Please note the eligibility for this first tier’s credit is based on the SDPAA Member’s mere enrollment in the program, not on the completion of the testing. Many SDPAA Members have already enrolled in Project Boundary Fence so they would be automatically eligible for this first tier of the Cyber Credit program. This is one instance where being “on the fence” is a good thing in the public sector!

TIER 2: The next step in minimizing or eliminating risks is to prepare and plan for any anticipated risks.

This second tier will require each SDPAA Member to designate a “cyber representative” for their entity. Many SDPAA Members do not have an internal IT person and are many miles from the nearest IT vendor. The cyber rep does not need to be an IT expert, but can be anyone within your organization who is willing to invest a few hours in becoming a point of contact for your public entity. The cyber rep can be your local IT vendor if you are fortunate to have one available. The cyber rep will complete a free training on “phishing emails” provided jointly

by CISA and the State of South

Dakota at one of several upcoming workshops this year. The phishing emails training will also have a virtual delivery format if your cyber rep cannot personally attend one of those workshops. Links to additional free training and other resources for the cyber rep and everyone else in your organization will be posted on the SDPAA website at sdpaaonline. org.

The cyber rep will need to acquire a basic level of cyber vocabulary to be able to assist the experts when a possible breach of your cyber infrastructure is suspected to have occurred. This basic level of understanding can be achieved by participating in-person or virtually in a few short hours of free trainings.

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SDPAA NEWS (CONT) The cyber rep will also receive regular alerts on possible security risks and upcoming free trainings for their entire organization. The cyber rep is expected to encourage your entire team to take some of the free trainings available to create a “human firewall” to better protect your organization.

assist your cyber rep in drafting your Plan. To be eligible for this tier, SDPAA Members will need to adopt the Plan and demonstrate they will conduct “tabletop exercises” at regular intervals, like you do with other incident response plans. CISA will assist in developing these cyber incident tabletop exercises.

The cyber rep will also need to spearhead the formation and adoption of your entity’s Cyber Incident Response Plan (Plan).

This Plan will be similar to other incident response plans your entity has developed for natural disasters, but it will be geared towards cyber infrastructure risks. CISA will provide suggested templates for developing your Plan, along with free training resources. CISA will also be available to individually

TIER 3: The final step is implementing the necessary measures to manage that risk.

This third tier will provide future credit in recognition of your purchases of cyber hardware/software and other related measures to enhance your cybersecurity as recommended by the individualized penetration testing from Tier 1. These security measures could include, but are not limited to, installing or improving data back-up

systems, purchasing new or updated software and installing any patches, and implementing measures for multi-factor authentication for all your systems. These three security measures will greatly enhance your organization’s ability to protect itself.

The SDPAA hopes this new program will lead to greater risk management and a reduction of cyber risks for SDPAA Members. No private insurer would offer your public entity such a comprehensive cyber credit program to help you manage your cyber risks.

If you have any questions or would like your public entity to explore becoming a Member of the SDPAA, please contact the SDPAA at 800658-3633 option 2 or by email at sdpaa@sdmunicipalleague.org. ■

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WASHINGTON REPORT U.S. SEN. MIKE ROUNDS (R-S.D.) Yes, I Agree.

I was going through mail the other day when I came across a letter from a high school student in Martin. The letter started out, “Dear Senator Rounds – I am going to be honest with you here, I don’t understand government very well nor do I have a burning passion to do so.” I think that’s relatable to lots of people, not just those in high school.

The student continued on to say: “I am going to have my own car soon and I am not quite sure how I am going to afford gas. It makes me apprehensive, especially since it costs so much to fill a little car even. If it’s out of your control I do understand, I just hope you will do what you can to help us all out.”

Her note took me back to a different time in my life and reminded me of the excitement of buying my first car. After my first year of college, I bought a 1964 Chevy Corvette Convertible with the money I saved up. While it was a convertible, it wasn’t fancy, and needed a paint job almost as badly as I needed a haircut at that time. I only had the car for about a year but I’ll never forget it. The memories. The music. The long drives down an endless open road. It’s amazing the power a few words have to take you back in time.

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especially when it comes to the economy.

Inflation is currently at a 40-year record high.

While it’s easy to get into the weeds rather quickly talking about monetary policy and the tools the federal government has to address higher prices, to put it simply, there are two parts to inflation: supply and demand. Low supply and high demand lead to higher prices.

The radical policies of the Biden administration have negatively impacted both factors through reckless spending and excessive regulations.

This leaves folks in South Dakota and across the country to bear the costs. Inflation impacts everyone - kids going out to eat or the movies with friends, college students buying groceries, new parents paying for diapers, families trying to put food on the table, grandparents trying to spoil grandkids with toys and even high school students filling up their first cars.

As lawmakers, we have a responsibility to put forward policies that help our economy grow and create opportunities for businesses in our communities to thrive. Our country is deeply divided. The current administration is clearly focused on climate change to the detriment of our economy. They have limited the production of oil and gas by refusing to allow additional extractions from federal lands. They have made it more difficult through regulation to efficiently deliver oil and gas where it is needed, not just in our country but also in other parts of the world.

The challenges of adulthood unfortunately seem to cloud our perspective sometimes and make us forget what it’s like to be a kid. These days, it feels like kids are having to grow up a lot faster than they did in my day. While many things play into that, the fragile state of our economy certainly isn’t helping, with pocketbooks as tight for parents now as they’ve been in a long time.

I believe that we should reduce inflation by reducing the cost of energy—including petroleum—everywhere that we can. This would not only reduce the cost of gas at the pump, but also reduce the cost of goods and services which are higher because of the price of fuel to get items and services to where they are needed by the American public. If we really want to address inflation, we need to address the supply side of energy.

Elections have consequences and our country is gaining an understanding of that right now,

As the student from Martin closed her letter to me, “We’ve gotta work on that.” Yes, I agree. ■

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and letters. Apply at www.cityofmadisonsd.com. Review of applications will begin immediately. Open until filled. EOE.

ACCOUNTANT – CITY OF PIERRE, SD. Provide support to the Finance Officer and Deputy in all aspects of financial recording and reporting. Key member of the Accounting Team, responsible for receipting incoming payments to the City, preparing general ledger accounting entries, and managing the accounts receivable subsidiary ledger, miscellaneous customer billings, posting amendments or corrections to invoices, and receipting payments.

Assist with various monthly general ledger journal entries, general ledger account analysis, and Department Financial Reporting and Analysis. Wage: $26.21 minimum plus comprehensive benefit package. Open until filled. Apply: Human Resources Office, City of Pierre, Box 1253, Pierre, SD 57501, (605) 773-7429, www. cityofpierre.org. EOE.

BUILDING MAINTENANCE OPERATOR – CITY OF MADISON, SD. Responsible for maintenance and repairs of city buildings, plumbing, heating, HVAC, and inspection of certain equipment and facilities. Complete some janitorial duties and/or coordinate maintenance and repairs with contractors and departments and work to ensure safe and clean facilities for the City of Madison.

Responsible for maintenance and repairs at the aquatic pools and working with departments for the setup, winterization, and chemical testing at the pools. Coordinate major pool repairs and maintenance with contractors for the aquatic center and community center pool. Open until filled. Apply at www. cityofmadisonsd.com. EOE.

ADMINISTRATIVE ASSISTANT II – CITY OF MADISON, SD. Responsible for administrative duties, providing customer service and coordinating with departments on behalf of the Engineering and Community Development department. Assist and coordinate in various FEMA projects and coordinate with contractors, general public and other personnel to communicate the needs of planning and zoning, building permits, sidewalk inspection and assessment program, inspection records and other areas as needed. Work in various computerized databases and software programs, maintain inventory records, assisting with budget as needed and coordinating correspondence, board minutes and other material

CHIEF OF HEALTH PROTECTION AND PREVENTION SERVICES - CITY OF SIOUX FALLS, SD. Lead overall dayto-day operations and personnel of the Health Protection and Prevention Services Division of the Health Department to assure the successful delivery of essential public health services. Assist the Public Health Director in developing and implementing strategic initiatives to accomplish departmental goals and objectives. Collaborate with individuals, agencies, and institutions at the local, state, and federal levels to improve public health.

Subject to the CMS Covid-19 vaccination requirements. Hiring Range: $2,973.60 - $4,310.40 bi-weekly. Apply online at www. siouxfalls.org/careers. Closes April 4. EOE.

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CLASSIFIEDS CITY ADMINISTRATOR - CITY OF BELLE FOURCHE, SD. Responsible for directing, managing, and overseeing the dayto-day operations of the city while planning for and providing guidance to the Common Council regarding future operations.

Oversees, directs, solves problems, and provides policy direction through the administration of all departments, offices and agencies of the city while ensuring the overall effectiveness of all city operations and the achievements of goals and objectives established by the Common Council. Application can be found at www.bellefourche.org or call 605-723-4046 for full job description.

Open until filled.

CHILDREN’S LIBRARIAN – CITY OF MADISON, SD. Responsible for planning, organizing, coordinating and conducting activities for the library’s children’s programs for all ages. Visit schools and read to students, research book reviews, order materials, work with volunteers, provide assistance to patrons in the library and perform duties of a librarian. Assist the Library Director in reporting and responsible for communicating revenues and expenditures of the children’s programs to the Director for approval. Excellent benefit package. Learn more: www.cityofmadisonsd.com/Jobs. The review of applications will begin immediately and will be accepted until position is filled.

Open until filled. EOE. CIRCULATION SERVICES COORDINATOR, RAWLINS MUNICIPAL LIBRARY – CITY OF PIERRE, SD. Manages circulation activities including transactions with patrons and staff; schedules, trains, and supervises part-time and substitute personnel; monitors security cameras as needed. Responsible for providing monthly statistics to library director and board. Manages Interlibrary Loan services; Manages daily overdues, fines, and recovery of materials; Manages reserve services including managing high demand items and requests additional items as needed. Knowledge of library policies and procedures and of the automated circulation system beneficial. Proficiency in customer service, technology skills, & organizational abilities are essential. $22.60/hr minimum, benefits. Apply: Human Resources Office, City of Pierre, Box 1253, Pierre, SD 57501, (605) 773-7429, www. cityofpierre.org. Open until filled.

CITY MANAGER - CITY OF OGALLALA, NE. City Council is seeking an energetic and experienced City Manager with a proven track record. The new City Manager must be eager to become a long-term visible leader and resident within the Ogallala community. The City Manager works under the broad policy guidance set by the City Council and is accountable to the Council for the proper administration of all city affairs. Salary Range: $95,519 - $143,276. Open until filled. To view full posting go to www.krw-associates.com/open-positions.

CITY MAINTENANCE SUPERINTENDENT – CITY OF KIMBALL, SD. Perform manual labor as directed, operate office and/or maintenance equipment, must have/pass water and wastewater certification and commercial pesticide certification, must have CDL or be able to obtain CDL within 60 days, must be able to operate heavy equipment. Minimum qualifications must

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CLASSIFIEDS be reliable, available to work flexible hours, be physically and mentally able to perform assigned tasks, must be able to follow oral and written instructions. Wages $20 to $23 depending upon experience. Benefits and retirement included. Must be willing to relocate to Kimball. Apply: City of Kimball, 140 N Main, PO Box 16, Kimball, SD 57355. Info: (605)778-6277, kimballcitysd@ midstatesd.net. Open until filled.

CITY MAINTENANCE WORKER - CITY OF PARKSTON, SD. Full-time Maintenance Worker/Water-Wastewater. Must be able to perform manual labor, which involves heavy lifting, and operate heavy equipment. Will work in all departments, which include but not limited to streets, water, sewer, parks and swimming pool.

Position requires working outdoors in all weather conditions and may require reporting to and working at unusual times of the day or night, which may include holidays and weekends. Wage depending on experience. Open until filled. Apply at the Parkston Finance Office at 207 W. Main St., by calling 605-928-3321, or on www.cityofparkston.org. Click on Job Openings. EOE. CITY PLANNER - CITY OF SPEARFISH, SD. Directs and administers planning and development activities for the city and for the administration of the city’s zoning ordinance, subdivision regulations, and comprehensive plan. Requires knowledge and level of competency commonly associated with the completion of a baccalaureate degree in a course of study related to occupational field. Three to five years of related experience

desired. Full-time position; requires residency within a distance adequate to meet a 30-minute response time requirement. Apply at www.cityofspearfish.com; also submit resume and cover letter.

Starting salary: $82,097.60 annually, DOQ. Competitive benefit package. Open until filled. EOE. CODE ENFORCEMENT OFFICER – CITY OF SPEARFISH, SD. This position is responsible for the enforcement of city codes and ordinances. Knowledge and level of competency commonly associated with completion of specialized training in the field of work, in addition to basic skills typically associated with a high school education. Sufficient experience to understand the basic principles relevant to the major duties of the position, usually associated with the completion of an apprenticeship/internship or having had a similar position for one to two years. Apply at: www. cityofspearfish.com. Include resume and cover letter. Starting wage: $21.82 per hour. Competitive benefit package. Open until filled. EOE. COMMUNICATIONS OFFICER – CITY OF PIERRE, SD. Work as part of a team operating the Central South Dakota Communications Center, the 911-Emergency Dispatch Center for central South Dakota. Receive calls for assistance from the public, document and dispatch appropriate public safety personnel for those calls. Receive, process, and send radio communications for various law enforcement agencies, emergency medical services, and local Fire Departments.

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CLASSIFIEDS résumé, and references to the board of directors chair, Adrienne McKeown at adrienne.m.mckeown@gmail.com. Full description at harrisburgsdchamber.com. Open until filled.

40 hours per week - shift work. Salary: $19.49 minimum plus comprehensive benefit package. Open until filled. Apply: Human Resources Office, City of Pierre, Box 125, Pierre, SD 57501, Phone (605) 773-7429 or www.cityofpierre.org. EOE. DEVELOPMENT MANAGER, PUBLIC WORKS DEPARTMENT - CITY OF RAPID CITY, SD. Responsible for managing the development and implementation of high-level Public Works programs and projects as assigned. Provides direct project management services and supports Public Works Divisions.

Coordinates, manages, and monitors the progress of various projects and programs at all stages of development to ensure timely/efficient/cost effective outcomes, and performs related work as required. Starting salary is $2,7858.10 - $3,008.71 biweekly with generous benefits and retirement options. Open until filled.

More information/apply at www.governmentjobs.com/careers/ rapidcity.

EXECUTIVE DIRECTOR - CHAMBER OF COMMERCE, HARRISBURG, SD. Seeking to hire a highly motivated, enthusiastic, and purpose-driven individual to serve in South Dakota’s fastest growing community. Full-time position with occasional evenings and weekends required. The Harrisburg Chamber of Commerce exists to create new possibilities for community growth. We strive to be a valued partner for our 160+ member organizations, helping them grow and develop their businesses and organizations by building connections, offering resources, and promoting the community. Apply with cover letter,

GOLF COURSE SUPERINTENDENT – CITY OF PIERRE, SD. Responsible for overseeing the operation and maintenance of Hillsview Golf Course, a municipal golf course and its facilities.

Hillsview Golf Course is an 18-Hole, Par 72 Championship Public Golf Course set in the scenic Missouri River Valley. On average over 30,000 rounds of golf are played during the season which typically runs March-Nov. Salary: $63,229.03 minimum plus comprehensive benefit package. Learn more and apply at www. cityofpierre.org or Laurie Gronlund, HR Director, City of Pierre, PO Box 1253, Pierre SD 57501, (605)773-7429. Open until filled.

EEO. HUMAN RESOURCES DIRECTOR - CITY OF BOX ELDER, SD. Seeking experienced HR Director with outstanding people skills to manage personnel and ensure that human resources programs and initiatives are effective, efficient, and aligned to overall City objectives. Duties for the HR Director include supervising payroll, workers compensation claims, dealing with employee grievances and disputes, supporting employee development, enhancing job satisfaction, designing onboarding procedures, implementing HR strategies that support business objectives, forecasting staffing needs, mitigating risk, structuring benefit packages, maintaining employee records, managing budgets, designing accountability mechanisms, and overseeing overall employment needs. Salary:

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CLASSIFIEDS $83,803.37 annually. Apply: City of Box Elder, 420 Villa Dr, Box Elder, SD. (605)923-1404. Closes July 1, 2022.

HUMAN RESOURCES SPECIALIST – CITY OF MADISON, SD. Processing payroll, reconciling benefit billing, coordinating with employees in areas such as benefits, workers compensation, and other HR related duties. Works closely with HR Director, departments, employees, and is required to maintain a high level of confidentiality. Assist with administrative duties, scheduling meetings, communicating, and coordinating with other departments as needed. Filing, maintaining records, and tracking employee benefits, enrollments, and benefit changes. Conducts research, prepares reports, state reporting and assists the HR Director as needed. Apply at www.cityofmadisonsd.com. Review of applications will begin immediately. Open until filled. EOE. INTER DEPARTMENT OPERATOR - CITY OF CUSTER, SD. Assist in the operation, maintenance and repair of the City's water system, wastewater system, streets, parks and public buildings. Must possess a valid driver's license and reside within 15 miles of the City of Custer. Starting wage DOE and certifications. Applications and job description are available at Custer City Hall, 622 Crook St, Custer, SD. 57730. 1-605673-4824. www.custer.govoffice.com. An application must be completed. Resume may be included but are not accepted in lieu of an application. Applications will be accepted by mail or may be dropped off at Custer City Hall. Position open until filled. EOE.

LINEMAN/UTILITY MANAGER (FULL-TIME) - CITY OF MCLAUGHLIN, SD. Administering all phases of public work for the city utilities, including electric, water, sewer, garbage, streets, parks, and airport. Duties involve organizing, assigning, and reviewing the operation and maintenance of all the utilities including office and administrative details and supervision of employees. Experience operating equipment. Must have Lineman Certification. Salary range: $40,000-$100,000 per year DOE. Benefits and retirement included. Submit resume and cover letter to: City of McLaughlin, PO Box 122, McLaughlin, SD 57642.

Position open until filled. EOE.

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

Open until filled. EOE. Learn more at www.cityofmitchell.org.

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CLASSIFIEDS MEMBER SERVICES REPRESENTATIVE – THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). The South Dakota Public Assurance Alliance (SDPAA) seeks a Member Services Representative with a demonstrated appreciation of the current issues facing local governments. Other key criteria include excellent communication skills along with the ability to work independently or as part of a team. For a complete description of the position and for the Employment Application please go to www.sdpaaonline.org. Completed applications must be submitted by April 30, 2022. If an ADA accommodation is needed, please contact, 72 hours prior to the closing date of April 30, 2022, Dave Pfeifle, Executive Director, at 605-2248654 (option two) or 800-658-3633 (option two), or sdpaa@ sdmunicipalleague.org.

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

EOE.

OFFICE MANAGER (PART TIME) – CITY OF MADISON, SD. Responsible for the day-to-day office procedures, cash balancing, and providing administrative support to the Director and Assistant Director. Reconcile membership accounts, prepare deposits, process accounts payable and receivable, and coordinate with other departments as needed. Answer the telephone, greet visitors and patrons, prepare guess passes, and assist the Director in corporate memberships. Work in various computerized databases and software programs, maintain inventory records, assisting with budget as needed and coordinating correspondence, board minutes and other material and letters. Learn more: cityofmadisonsd.com/Jobs.aspx. Review of applications begins immediately. Open until filled EOE.

POLICE OFFICER - CITY OF SPEARFISH, SD. Enforce local, state, and federal laws; prevent and suppress crime and accidents; promote public safety through community policing principles. Full-time position. Preference given to candidates with Law Enforcement Officers Standards and Training Commission Certificate; must have ability to obtain within one year from hiring date. Requires availability to work all shifts - weekends and holidays – and residency within a distance adequate to meet a 30-min response time. Apply: Complete online application process at www.cityofspearfish.com. Starting wage: $25.31 per hour; competitive benefit package. Open until filled. EOE.

PARKS MAINTENANCE AND FORESTRY TECHNICIAN CITY OF SPEARFISH, SD. Performs technical duties in the maintenance of city parks, campground, cemetery, urban forest, cultural resources, nature areas, recreational paths, and recreational sports fields. This is a full-time position which requires residency within a distance adequate to meet a 30-minute response time requirement and this position will have on-call requirements. Apply: www.cityofspearfish.com. Starting wage: $19.77 per hour. Competitive benefit package. Open until filled. EOE. PARKS MAINTENANCE WORKER - CITY OF PIERRE, SD. Responsible for performing a variety of building and grounds maintenance and repair duties including irrigation projects.

Responsible for snow removal. Maintains grounds by mowing grass along with pruning and removal of trees and shrubs.

Experience working on irrigation systems beneficial. Skill in operating equipment and tools used in park operations such as tractors, mowers, snow removal equipment, tree removal equipment and power tools including chainsaws. $18.55/hr minimum plus benefits. Apply: Human Resources Office, City of Pierre, Box 1253, 2301 Patron Parkway, Pierre, SD 57501, Phone (605) 773-7429, www.cityofpierre.org. Open until filled.

EOE.

POLICE OFFICER – CITY OF NORTH SIOUX CITY, SD. Full-time police officer vacancy. Candidates may download an employment application form from the following page: https:// northsiouxcity-sd.gov/forms. Applicants may also request an employment application form by contacting City Hall at 605232-4276. The City of North Sioux City is an Equal Opportunity Employer. Competitive benefit package. Position is open until filled.

REGIONAL SAFETY COORDINATOR/JT&S INSTRUCTOR (SOUTH DAKOTA & WESTERN MINNESOTA) - MINNESOTA MUNICIPAL UTILITIES ASSOCIATION. Serves as safety coordinator for a group of cities and public power electric utilities located in South Dakota and Western Minnesota. Duties include identifying, developing, and delivering training and ensuring compliance with regulatory and safety standards. Applicants must possess a strong background in OSHA/safety compliance and solid teaching skills. Safety professionals having technical lineworker skills are an advantage but not required. Travel

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PROJECT ENGINEER - CITY OF SPEARFISH, SD. Provides project management on city projects, including construction inspection, quality control, and surveying/staking (as necessary), performing plan reviews, project coordination, and various aspects of capital planning and asset management. This is a full-time position within Public Works. Apply: www.cityofspearfish. com. Along with the on-line application candidates will need to submit their resume and cover letter. Starting salary for FE: $67,392.00 annually or PE: $74,380.80, DOQ. Competitive benefit package. Position is open until filled. EOE.

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CLASSIFIEDS required. Salary DOE. Submit resume and cover letter to: Mike Willetts, MMUA, 3131 Fernbrook Lane North, Suite 200, Plymouth, MN 55447. mwilletts@mmua.org. EEO. 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. Operates a seal and reveal truck to inspect sewer lines and grout cracks and a CCTV van including computer applications, to clear sewer lines and lift stations. Performs smoke testing, bypass pumping and flow monitoring. Salary: $20.48 minimum plus comprehensive benefit package. Open until filled.

Apply: City of Pierre Human Resources Director, P.O. Box 1253, Pierre SD 57501, (605) 773-7429, www.cityofpierre.org. EOE. STREET MAINTENANCE WORKER – CITY OF PIERRE, SD. Responsible for manual labor and operating street sweepers and snowplows to maintain city streets. Manual labor, such as shoveling, raking asphalt, etc. is required. Skill in operating and maintaining equipment such as street sweeper, truck, roller, snowplow, skid steer, and front-end loader. Must have possession of or ability to obtain a Class B CDL with air brakes and tanker endorsements. Salary: $18.55/hr minimum plus comprehensive benefit package. Open until filled. Apply: City of Pierre Human Resources Director, P.O. Box 1253, Pierre SD 57501, (605) 7737429, www.cityofpierre.org. EOE.

WATER PLANT/SYSTEM SPECIALIST – CITY OF PIERRE, SD. Responsible for the operation and maintenance of the City’s new state of the art Water Treatment Facility and drinking water systems. Qualified applicants must have the ability to learn water treatment techniques and be able to perform a multitude of hands-on maintenance activities that pertain to drinking water systems. Salary: $20.48/hr minimum plus comprehensive benefit.

Learn more and apply at: City of Pierre Human Resources Director, PO Box 1253, Pierre SD 57501, (605)773-7429, www. cityofpierre.org. Open until filled. EOE.

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

SDmunicipalleague.org/classifieds CLASSIFIEDS POLICY: $50 per submission. SDML members receive classified ads for free as part of their membership. Includes a listing on the SDML classifieds webpage and in the next issue of the SD Municipalities magazine if received by the 10th of the month preceding the publication date. Submissions may be subject to editing. ■

TRAVELING CODE ENFORCEMENT OFFICER. Code Enforcement Specialists, a rapidly growing independent company specializing in code enforcement for small and medium sized communities, is looking for an individual willing to do some travel and perform code enforcement services. Excellent pay and hours are flexible. Experience is not necessary, but a background in law enforcement would be helpful. On-the-job training is provided.

Please inquire at (605) 208-0786 for details.

UTILITY BILLING CLERK/ASST. FINANCE OFFICER – CITY OF CROOKS, SD. Answer phones, interact with public, direct inquiries to appropriate personnel; management of Crooks Community Center bookings; administrative duties; assist with organization of City functions and events; order office supplies, perform work-related errands; conduct utility billing operations; record utility receivables and enter utility receipts; prepare bank deposits; assist with compilation of information and documents for federal, state, and local agencies as directed; assist with municipal elections; assist with creation of municipal ordinances, resolutions, policies, and other procedures; management of City website and text messaging service. Salary: $18-19/hr with benefits. Info/apply: fo@crookssd.org, 605.543.6438. Open until filled. EOE. WATER MAINTENANCE TECHNICIAN - CITY OF PIERRE, SD. This position is responsible for the installation repair & maintenance of all water & sewer mains. State of SD Board of Operator Certification in water distribution after 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 beneficial.

Salary: $20.48 minimum plus benefits package. Open until filled.

Applications: City of Pierre Human Resources Director, P.O. Box 1253, Pierre SD 57501, (605) 773-7429, www.cityofpierre.org.

EOE.

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

M U N I C I PA L C A L E N D A R

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At least one day before the election – The Finance Officer must deliver the precinct registration lists to the local election officials. (SDCL 12-4-24; See Hdbk., sec. 7.170) Second Tuesday of April – Annual elections for the officers of a municipality are required to be held. (SDCL 9-13-1; See Hdbk., sec. 7.050) A municipality may combine its election with a school district election and hold this election on the school election date (third Tuesday in June) or on the first Tuesday in June, or in conjunction with the June primary. (SDCL 9-13-1.1; 9-13-37; 9-13-6)

The officials elected to office then have ten days after the first meeting of the month next succeeding the election to qualify for the office by filing an oath or affirmation of office. (SDCL 9-13-28) If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be established by January 14 of the election year. (SDCL 9-13-1) Within seven days following the election – Election returns are to be canvassed. (SDCL 9-13-24; See Hdbk., sec. 7.600)

Second Tuesday in April – The consolidated board of equalization meets and completes equalization in no more than three weeks. (SDCL 10-11-66 through 10-11-76; See Hdbk., sec. 12.120)

Three weeks from Election Day – If a municipality has passed an ordinance requiring a secondary election and no candidate in a race involving three or more candidates receives a majority of the votes cast, a secondary election shall be held three weeks from the date of the first election. Provisions for tie votes in the first election are also provided for. The person receiving the highest number of votes at the secondary election is elected. (SDCL 9-13-26.1; See Hdbk., sec.

7.600)

Within two days after the election is declared – The finance officer must notify all persons elected to office.

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

DO YOU HAVE CITY N E W S TO S H A R E? LET US KNOW! Email us your copy (250 words max) detailing your city’s notable achievement - a project, initiative, award, or individual honor. Include an image if possible. info@sdmunicipalleague.org

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M U N I C I PA L C A L E N D A R

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erning than the first regular

meeting of May each year. The report must

include the receipts, expenses, and financial condition of the municipality, including the amount of funds in the treasury at the time of making the report and where and in what amounts such funds are deposited or invested. The report shall be published in the official newspaper within thirty days after the report is made to the governing body or on completion of the annual audit. By the last day of May each year, the finance officer shall file a copy of the report with the Department of Legislative Audit. (SDCL 9-22-21; See Hdbk., sec. 12.080)

0D\ 7 : 7

No later than May 1 – The liquor tax reversion must be made. (SDCL 35-5-22; See Hdbk., sec. 11.600) May 1 – Special assessment installments which are payable under either the Plan One or Plan Two options become delinquent. (SDCL 9-43-109; See Hdbk., sec.

12.160) First meeting following election – Except as otherwise provided, every officer of the municipality will begin to discharge the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office. The oath must be filed within ten days after the first meeting of the month following the election or appointment. (SDCL 9-14-5; See Hdbk., sec. 5.115) First meeting following election – Appointed municipal officials are usually appointed. The appointment may be annual, or for an interval determined by the governing body. (SDCL 9-14-3) First meeting following election – In municipalities having the mayor and common council form of government, the council must elect a president and vice-president for the ensuing year. (SDCL 9-8-7; See Hdbk., sec.

2.520) First meeting following election – In municipalities governed by a mayor and four commissioners, the board must designate by a majority vote, the following 38

S O U T H D A K O TA M U N I C I PA L I T I E S

commissioners: Public Safety, Public Works, Utilities, and Finance and Revenue. Commissioners are assigned areas of responsibility under the law. (SDCL 9-9-18 to 9-9-24; See Hdbk., sec. 2.590) First meeting following election – In municipalities governed by a mayor and two commissioners, the board shall by a resolution adopted by a majority, assign and apportion between the members, all duties that are not assigned to the mayor. (SDCL 9-9-27; See Hdbk., sec.

2.595) First meeting following election – In those municipalities employing a city manager and under the commissioner form of government, at the first regular meeting in the month following the annual election, the commissioners must elect one of their members to serve as mayor for a term of one year. (SDCL 9-10-6; See Hdbk., sec. 2.615)

By May 15 – The secretary of revenue shall apportion the money in the local government highway and bridge fund. (SDCL 32-11-35; See Hdbk., sec. 12.255(6)) Tax levy – The governing body of the municipality may impose an excess tax levy with an affirmative two-thirds vote of the governing body on or before July fifteenth of the year prior to the year the taxes are payable. The decision to increase taxes must be published within 10 days of the decision (certain publication size restrictions apply), and may be referred upon a petition signed by at least five percent of the registered voters in the municipality and filed within twenty days of publication of the decision. The referendum election shall be held on or before October first preceding the year the taxes are payable.

(SDCL 10-13-36; See Hdbk., sec. 12.170) Last Monday of May – Memorial Day – State holiday (SDCL 1-5-1) June elections – Follow the Municipal Election Calendar for all election deadlines. ■

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